HomeMy WebLinkAboutCC 2006-05-25 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www. ci. miami. fl. us
Meeting Minutes
Thursday, May 25, 2006
9:00 AM
PLANNING AND ZONING
City Hall Commission Chambers
City Commission
Manuel A. Diaz, Mayor
Angel Gonzalez, Chairman
Johnny L. Winton, Vice Chairman
Joe Sanchez, Commissioner District Three
Tomas Regalado, Commissioner District Four
Michelle Spence -Jones, Commissioner District Five
Joe Arriola, City Manager
Jorge L. Fernandez, City Attorney
Priscilla A. Thompson, City Clerk
City Commission
Meeting Minutes May 25, 2006
PR - PRESENTATIONS AND PROCLAMATIONS
MV - MAYORAL VETOES
CA - CONSENT AGENDA
M - MAYOR'S ITEMS
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
PH - PUBLIC HEARINGS
RE - RESOLUTIONS
DI - DISCUSSION ITEMS
PART B
PZ - PLANNING AND ZONING ITEMS
Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting.
"[Later...1" refers to discussions that were interrupted and later continued.
City of Miami Page 2 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chairman Gonzalez, Vice Chairman Winton, Commissioner Sanchez, Commissioner
Regalado and Commissioner Spence -Jones
On the 25th day of May 2006, the City Commission of the City of Miami, Florida, met at its
regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular
session. The meeting was called to order by Chairman Angel Gonzalez at 9:25 a.m., recessed at
12:30 p.m., reconvened at 2:39 p.m., recessed at 5:19 p.m., reconvened at 5:40 p.m., and
adjourned at 7: 06 p.m.
Note for the Record: Vice Chairman Winton entered the meeting at 9:30 a.m.
ALSO PRESENT:
Jorge L. Fernandez, City Attorney
Joe Arriola, City Manager
Priscilla A. Thompson, City Clerk
Pamela Burns, Assistant City Clerk
Chairman Gonzalez: (INAUDIBLE) City Commission in these historic chambers. The members
of the Commission are Joe Sanchez, Tomas Regalado, Michelle Spence -Jones, Johnny Winton,
Vice Chair, and myself, your Chairman. Also on the dais are Joe Arriola, the City Manager,
Jorge L. Fernandez, the City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting
will be opened with a prayer led by Commissioner Sanchez and a pledge of allegiance by
Commissioner Regalado. Please rise for the invocation.
Prayer and pledge of allegiance delivered.
PRESENTATIONS AND PROCLAMATIONS
PR.1 06-00906 CEREMONIAL ITEM
Name of Honoree Presenter Protocol Item
Daniel Lewis Mayor Diaz Salute
06-00906 Protocol list.pdf
1. Mayor Diaz presented a salute to Daniel Lewis from the City of Miami for his steadfast
commitment to modern dance awareness and expression in South Florida.
2. Mayor Diaz recognized Jamie de Polanco, president of PRISA International, Luis Vielva,
vice president of operations, Tomas Martinez, general manager, Jose Antonio Ponseti,
programming director, members of Radio Caracol, for the critical and informative work
performed by the station during last year's hurricane season.
3. Vice Chairman Winton requested a moment of silent prayer for Angel Espinosa, owner and
operator of Coconut Grove Dry Cleaners for 45 years, who was involved in a fatal car accident
Wednesday morning.
Chairman Gonzalez: Now we have some presentations by the Honorable Mayor Manny Diaz.
Welcome, Mr. Mayor.
Mayor Manuel A. Diaz: Thank you, Mr. Chairman.
City of Miami Page 3 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
MAYORAL VETOES
Presentations made.
NO MAYORAL VETOES
Chairman Gonzalez: All right. Madam City Clerk, do we have any vetoes from the --
Priscilla A. Thompson (City Clerk): No --
Chairman Gonzalez: -- Mayor's Office?
Ms. Thompson: -- there are none.
Chairman Gonzalez: No vetoes. All right.
Chairman Gonzalez: All right. We will now begin the regular meeting. The City Attorney will
state the procedures to be followed during this meeting. Mr. City Attorney.
Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, members of the public, any
person who's a lobbyist must register with the City Clerk before appearing in front of the City
Commission. A copy of the Code section about lobbyists is available in the City Clerk's office.
The material in connection with each item appearing on the agenda is available for inspection
during business hour at the City Clerk's office. Formal action may be taken on any item
discussed or added to this agenda. All decisions of the City Commission are final, except that
the Mayor may veto certain items approved by the City Commission within ten calendar days of
the Commission action. The Commission may override such veto by a four -fifth vote. Anyone
wishing to appeal any decision made by the City Commission for any matter considered at this
meeting may need a verbatim transcript of the item on which the appeal is based Absolutely no
cell phones, beepers, or other audible sound or ringing devices are permitted in the Commission
chambers. Please silence those devices now. Any person making impertinent or slanderous
remarks, or who becomes unruly while addressing the Commission, shall be barred from further
attending Commission meetings unless permission to continue or again address the Commission
is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts
in support or opposition to a speaker or a Commissioner are allowed. No signs or placards are
allowed in chambers. Person exiting the chambers shall do so quietly. Persons may address the
City Commission on items appearing on the public hearings portion of the agenda and on items
where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as
possible of the desire to speak, giving the Clerk their name. At the time the item is heard, the
person shall be -- shall approach the microphone here at the podiums in front and wait to be
recognized. Any person with a disability requiring auxiliary aids and services for this meeting
may notes the Clerk now. The lunch recess will begin at the conclusion of deliberation of the
agenda item being considered at noon. The meeting will end either at the conclusion of
deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly
scheduled agenda, whichever occurs first. The items will be heard in the numbered sequence on
the agenda, except for P&Z (Planning & Zoning) items, which will begin after 10 a.m. The items
will be heard in the number sequence on the agenda, except for items PH.4 through PH9, which
will begin specifically at 10:30 a.m. Now, Mr. Chairman, there are some items in your regular
agenda -- consent item number I is being pulled, and there will be short substitutions made for
consent item number 6. There is a substitute item for PH.3 and for RE.2, so when we get to
those, we will advise you specifically. Right now we're trying to ascertain the status of what the
Administration and the City Attorney's Office would like to do with CA.16, but you may continue;
open it up to the Commissioners, and see what items from the consent agenda you would like to
deal with. For sure, RE -- consent item number 1 is being pulled by the Administration, and on
consent item number 6, there is a substitution that we need to make.
Commissioner Sanchez: Just for the point of clarification, I didn't quite understand. CA.16, are
City of Miami Page 4 Printed on 6/10/2006
City Commission
Meeting Minutes May 25, 2006
CA.1 06-00771
Department of
Parks and
Recreation
CA.2 06-00772
Department of
Police
we going to pull it or are we going to discuss it?
Mr. Fernandez: Well --
Commissioner Spence -Jones: They're trying to figure it out.
Mr. Fernandez: -- we'll let you know in a minute.
Commissioner Sanchez: All right.
CONSENT AGENDA
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE USE OF THE PLAZA IN FRONT OF
THE EXISTING PAVILION LOCATED IN THE NORTHEAST CORNER OF
JUAN PABLO DUARTE PARK, IN THE CITY OF MIAMI ("CITY"), FOR THE
INSTALLATION OF COMMEMORATIVE BRASS PLATES AND/OR HEAD
BUSTS IN HONOR OF COMMUNITY LEADERS WHO HAVE CONTRIBUTED
TO THE CULTURAL AND ECONOMIC DEVELOPMENT OF THE DOMINICAN
COMMUNITY IN MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO
EXECUTE A MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH FUNDACION PRO INTEGRACION DOMINICANA,
INC., A NOT -FOR -PROFIT FLORIDA CORPORATION, FOR THE PURPOSE
OF FUNDING THE INSTALLATION AND PROVIDING FOR THE
MAINTENANCE OF THE NEW AND FUTURE COMMEMORATIVE BRASS
PLATES AND/OR HEAD BUSTS TO BE INSTALLED BY SAID
ORGANIZATION ON BEHALF OF THE COMMUNITY.
06-00771 Legislation .pdf
06-00771 Exhibit.pdf
06-00771 Exhibit 2.pdf
06-00771 Exhibit 3.pdf
06-00771 Summary Form.pdf
06-00771 Letter.pdf
06-00771 Letter 2.pdf
06-00771 Fundacion Pro Integracion Dominicana.pdf
WITHDRAWN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A
CONTRIBUTION, IN AN AMOUNT NOT TO EXCEED $5,000, TO THE
FLORIDA CHAPTER OF THE FBI NATIONAL ACADEMY ASSOCIATES, INC.,
AS FINANCIAL SUPPORT TO HOST THE 2006 NATIONAL TRAINING
CONFERENCE TO BE HELD JULY 30-AUGUST 3, 2006, BY THE
DEPARTMENT OF POLICE; ALLOCATING SAID FUNDS,FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NO. 69001.290904.6.996, SUCH
EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS
COMPLYING WITH THE PROVISIONS OF SECTION 932.7055, FLORIDA
STATUTES, AS AMENDED.
City of Miami Page 5 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
06-00772 Legislation.pdf
06-00772 Summary Form.pdf
06-00772 Affidavit.pdf
06-00772 Letter.pdf
06-00772 Letter 2.pdf
06-00772 Summary Fact Sheet.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
CA.3 06-00779
Department of
Capital
Improvement
Programs/Transpor
tation
R-06-0308
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS
OF THE EVALUATION COMMITTEE PURSUANT TO REQUEST FOR
QUALIFICATIONS NO. 05-06-038, THAT THE FIRMS MOST QUALIFIED TO
PROVIDE SURVEYING/MAPPING SERVICES FOR THE "MIAMI STREETCAR
TOPOGRAPHICAL SURVEY SERVICES PROJECT, B-71215G," IN RANK
ORDER ARE: (1) MANUEL G. VERA AND ASSOCIATES, (2) MARLIN
ENGINEERING, INC., (3) CRAIG A. SMITH AND ASSOCIATES, AND (4)
CONSULTECH SURVEYING AND MAPPING, INC.; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AN AGREEMENT WITH MANUEL G. VERA AND
ASSOCIATES, THE TOP -RANKED FIRM; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND
AND THIRD RANKED FIRMS, RESPECTIVELY, IN THE EVENT
NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM, OR UNTIL A
CONTRACT HAS BEEN SUCCESSFULLY NEGOTIATED; DIRECTING THE
CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE
CITY COMMISSION FOR CONSIDERATION AND APPROVAL.
06-00779 Legislation .pdf
06-00779 Summary Form.pdf
06-00779 Memo .pdf
06-00779 Memo 2 .pdf
06-00779 Synopsis of Evaluation Committee Meeting .pdf
06-00779 Evaluation Committee Final Ranking Form .pdf
06-00779 Evaluation Committee Ranking Form .pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
CA.4 06-00780
Department of
Capital
Improvement
Programs/Transpor
tation
R-06-0309
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH MIAMI DADE COLLEGE ("MDC"), TO IMPLEMENT
CONSTRUCTION PLANS FOR IMPROVEMENTS TO THE MDC WOLFSON
CAMPUS PROMENADE, LOCATED AT NORTHEAST 4TH STREET
City of Miami Page 6 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
BETWEEN BISCAYNE BOULEVARD AND NORTHEAST 2ND AVENUE,
MIAMI, FLORIDA, IN THE AMOUNT OF $185,000; ALLOCATING SAID
FUNDS FROM THE TRANSIT HALF -CENT SURTAX PROGRAM, THE
SCHEDULED 2006 FLORIDA DEPARTMENT OF TRANSPORTATION
REIMBURSEMENT, AND MDC'S CONTRIBUTION OF FUNDS.
06-00780 Legislation.pdf
06-00780 Exhibit.pdf
06-00780 Exhibit 2.pdf
06-00780 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
CA.5 06-00782
Department of
General Services
Administration
R-06-0310
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
PURCHASE OF A XEROX DOCUCOLOR 250XC COLOR COPIER WITH
ACCESSORIES, FROM XEROX CORPORATION, FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION, GRAPHIC REPRODUCTIONS
DIVISION, AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT
NO. 250-000-03-1, EFFECTIVE UNTIL JULY 31, 2006, SUBJECT TO
FURTHER EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE
STATE OF FLORIDA, IN AN AMOUNT NOT TO EXCEED $68,885;
ALLOCATING FUNDS FROM THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, GRAPHIC REPRODUCTIONS DIVISION, ACCOUNT
CODE NO. 505000.420501.6.840.
06-00782 Legislation.pdf
06-00782 Summary Form.pdf
06-00782 Letter.pdf
06-00782 Letter 2.pdf
06-00782 IT Hardware.pdf
06-00782 IT Hardware 2.pdf
06-00782 Letter 3.pdf
06-00782 Product Description.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
CA.6 06-00783
Department of
Parks and
Recreation
R-06-0311
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
OF A1A TRANSPORTATION, INC., RECEIVED APRIL 10, 2006, PURSUANT
TO INVITATION FOR BIDS NO. 05-06-046, FOR THE PROVISION OF
CITYWIDE BUS TRANSPORTATION SERVICES, FOR THE DEPARTMENT
OF PARKS AND RECREATION, AND OTHER CITY DEPARTMENTS AND
AGENCIES, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL TWO
(2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS.
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City Commission
Meeting Minutes May 25, 2006
06-00783 Legislation.pdf
06-00783 Summary Form.pdf
06-00783 Award Recommendation.pdf
06-00783 Tabulation of Bids.pdf
06-00783 Bid Security List.pdf
06-00783 Letter .pdf
06-00783 Addendum#1.pdf
06-00783 Bid Response Form.pdf
06-00783 Bid Form.pdf
06-00783 Qualification Statement .pdf
06-00783 Minority Affidavit.pdf
06-00783 Affirmitive Action Policy.pdf
06-00783 Statement to Comply.pdf
06-00783 Bid Response Checklist.pdf
06-00783 Occupational License Tax.pdf
06-00783 Certificate of Liability Insurance.pdf
06-00783 Policy Update.pdf
06-00783 Vehicle Registration.pdf
06-00783 Pre -Trip Inspection Log.pdf
06-00783 Drivers Registration.pdf
Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Winton
R-06-0334
A motion was made by Commissioner Sanchez, seconded by Commissioner Regalado, and was
passed unanimously, with Vice Chairman Winton absent, to reconsider item CA. 6.
Chairman Gonzalez: We need -- I think C -- the Administration needs to do an amendment on
CA. 6.
Jorge L. Fernandez (City Attorney): Yes.
Chairman Gonzalez: In order to reconsider, it has to be brought back by one Commissioner.
Mr. Fernandez: Yes.
Chairman Gonzalez: Is Commissioner willing to --?
Commissioner Sanchez: I motion to make -- willing to make a motion to reconsider.
Chairman Gonzalez: OK. Do I hear a second?
Commissioner Regalado: Second
Chairman Gonzalez: OK, we have a motion and we have a second. All in --
Commissioner Sanchez: For the purpose of the amendment.
Chairman Gonzalez: -- favor, say "aye."
The Commission (Collectively): Aye.
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City Commission
Meeting Minutes May 25, 2006
CA.7 06-00784
Department of
General Services
Administration
Chairman Gonzalez: We are reconsidering CA. 6 for an amendment, right?
Glenn Marcos (Director, Purchasing): That is correct, Commissioner.
Chairman Gonzalez: All right.
Mr. Marcos: Glenn Marcos, Purchasing Department. What you have before you is a substitute
item, and what we want to do is change the language to the resolution to allow City departments
to use the Bus Transportation Services contract.
Chairman Gonzalez: All right.
Commissioner Sanchez: All right. So move, as amended.
Chairman Gonzalez.: OK
Commissioner Spence -Jones: Second.
Chairman Gonzalez: We have a motion, as amended.
Commissioner Spence -Jones: Second.
Commissioner Regalado: Second.
Chairman Gonzalez: We have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Motion carries.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
OF YLLADA TIRE SERVICES, THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER,RECEIVED FEBRUARY 27, 2006, PURSUANT TO
INVITATION FOR BIDS NO. 04-05-123, FOR THE PROVISION OF
SPECIALIZED FLAT TIRE REPAIR SERVICES, FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, FLEET MANAGEMENT DIVISION,
ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL TWO (2) YEAR
PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL
ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $75,000, FOR A
TOTAL CONTRACT AMOUNT NOT TO EXCEED $300,000; ALLOCATING
FUNDS, IN THE AMOUNT OF $25,000, FOR FISCAL YEAR 2006, FROM THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ACCOUNT
CODE NO. 503001.420905.6.670 AND THE AMOUNT OF $50,000, FOR
FISCAL YEAR 2007, FROM SAID ACCOUNT, WITH FUTURE FISCAL YEARS
FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL.
City of Miami Page 9 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
06-00784 Legislation .pdf
06-00784 Summary Form.pdf
06-00784 Award Recommendation.pdf
06-00784 Award Sheet.pdf
06-00784 Bid Tabulation.pdf
06-00784 Bid Security List.pdf
06-00784 Bid Response Form.pdf
06-00784 Bid Form.pdf
06-00784 Qualification Statement.pdf
06-00784 Minority Affidavit.pdf
06-00784 Affirmatave Action Policy.pdf
06-00784 Location Affidavit.pdf
06-00784 Statement Of Intent to Comply.pdf
06-00784 Occupational License Tax.pdf
06-00784 Bid Response Check-list.pdf
06-00784 Addendum #1.pdf
06-00784 Specification.pdf
06-00784 Invitation For Bids.pdf
06-00784 General Terms and Conditions.pdf
06-00784 Special Conditions.pdf
06-00784 Bid Response Form 2.pdf
06-00784 Bid Form 2.pdf
06-00784 Qualification Statement 2.pdf
06-00784 Minority Affidavit 2.pdf
06-00784 Affirmatave Action Policy 2.pdf
06-00784 Location Affidavit 2.pdf
06-00784 Statement Of No Bid.pdf
06-00784 Statement of Intent to Comply 2.pdf
06-00784 Bid Response Check -list 2.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0312
CA.8 06-00788 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT
FUNDS FROM THE FLORIDA INLAND NAVIGATION DISTRICT
("FIND")WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO
EXCEED $28,350, TO REPLACE THE EXISTING DETERIORATING
SEMINOLE PUBLIC DINGHY DOCK IN THE DINNER KEY AREA, TO
ELIMINATE THE POTENTIAL HAZARDS AND PROVIDE SAFE DOCKAGE
FOR THE DINGHIES AND TRANSIENT VESSEL OWNERS DESIRING TO
GO TO THE MAINLAND FROM DINNER KEY; APPROVING THE
ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN
AN AMOUNT NOT TO EXCEED $34,350, FROM THE DEPARTMENT OF
PUBLIC FACILITIES FISCAL YEAR 2005-2006 GENERAL FUND OPERATING
BUDGET ACCOUNT NO. 414000.350506.340; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FIND PROJECT AGREEMENT (PROJECT
NO. DA-MI-05-90), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO
City of Miami Page 10 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
COMPLY WITH AND EXECUTE ALL OTHER NECESSARY REPORTS AND
DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AND TO
ACCEPT THE TERMS AND CONDITIONS REQUIRED BY FIND RULE 66B-2
F.A.C. GOVERNING THE WATERWAYS ASSISTANCE PROGRAM.
06-00788 Legislation.pdf
06-00788 Exhibit.pdf
06-00788 Exhibit 2.pdf
06-00788 Exhibit 3.pdf
06-00788 Exhibit 4.pdf
06-00788 Exhibit 5.pdf
06-00788 Exhibit 6.pdf
06-00788 Exhibit 7.pdf
06-00788 Exhibit 8.pdf
06-00788 Exhibit 9.pdf
06-00788 Summary Form.pdf
06-00788 Master Report.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0313
CA.9 06-00793 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BIDS
Purchasing OF ROYAL RENT -A -CAR SYSTEM OF FLORIDA, INC., THE PRIMARY
LOWEST RESPONSIVE, RESPONSIBLE BIDDER AND ENTERPRISE
LEASING COMPANY, INC., THE SECONDARY LOWEST RESPONSIVE,
RESPONSIBLE BIDDER, RECEIVED MARCH 20, 2006, PURSUANT TO
INVITATION FOR BID NO. 04-05-104, FOR RENTAL OF VEHICLES
CITYWIDE, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS, ON AN
AS- NEEDED CONTRACT BASIS, FOR AN INITIAL TWO (2) YEAR PERIOD,
WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR
PERIODS.
City of Miami Page 1! Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
06-00793 Legislation.pdf
06-00793 Summay Form.pdf
06-00793 Justification for Award Contract.pdf
06-00793 Bid Security List.pdf
06-00793 Cash Receipts.pdf
06-00793 Cashiers Check.pdf
06-00793 Bid Response Form.pdf
06-00793 Bid Form.pdf
06-00793 Qualification Statement.pdf
06-00793 Minority Affidavit.pdf
06-00793 Affirmative Action Policy.pdf
06-00793 Location Affidavit.pdf
06-00793 Statement of No Bid.pdf
06-00793 Statement of Intent to Comply.pdf
06-00793 Bid Form 2.pdf
06-00793 Succesful Bidder .pdf
06-00793 Bid Response Checklist.pdf
06-00793 Occupational License Tax.pdf
06-00793 Memorandum of Insurance.pdf
06-00793 Cashiers Check 2.pdf
06-00793 Bid Response Form 2.pdf
06-00793 Bid Form 3.pdf
06-00793 Qualification Statement 2.pdf
06-00793 Minority Affidavit 2.pdf
06-00793 Affirmative Action Policy 2.pdf
06-00793 Location Affidavit 2.pdf
06-00793 Statement of No Bid 2.pdf
06-00793 Statement of Intent to Comply 2.pdf
06-00793 Bid Response Form 3.pdf
06-00793 Succesful Bidder 2 .pdf
06-00793 Bid Response Checklist 2.pdf
06-00793 Occupational License Tax 2.pdf
06-00793 Certificate of Liability Insurance. pdf
06-00793 Cashiers Check 3.pdf
06-00793 Award Sheet.pdf
06-00793 Tabulation Sheet.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0314
CA.10 06-00794 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BIDS
Purchasing OF TROPICAL EVERGREEN LANDSCAPING, HOWARD'S LAWN &
MAINTENANCE SERVICE, INC., AND SANCHEZ-ARANGO
CONSTRUCTION, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE
BIDDERS, RECEIVED MARCH 15, 2006, PURSUANT TO INVITATION FOR
BID NO. 04-05-116, FOR GROUNDS MAINTENANCE SERVICES CITYWIDE,
TO BE UTILIZED BY VARIOUS USER DEPARTMENTS, ON AN AS -NEEDED,
CONTRACT BASIS, FOR AN INITIAL TWO (2) YEAR PERIOD, WITH THE
OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS.
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City Commission
Meeting Minutes May 25, 2006
06-00794 Legislation .pdf
06-00794 Summary Form.pdf
06-00794 Award Recommendation.pdf
06-00794 Bid Security List.pdf
06-00794 Bid Response Form.pdf
06-00794 Bid Form.pdf
06-00794 Minority Affidavit.pdf
06-00794 Affirmative Action Policy.pdf
06-00794 Location Affidavit.pdf
06-00794 Statement of No Bid.pdf
06-00794 Statement of Intent to Comply.pdf
06-00794 Occupational License Tax.pdf
06-00794 Bid Response Check List.pdf
06-00794 Bid Response Form 2.pdf
06-00794 Bid Form 2.pdf
06-00794 Minority Affidavit 2.pdf
06-00794 Affirmative Action Policy 2.pdf
06-00794 Location Affidavit 2.pdf
06-00794 Statement of No Bid 2.pdf
06-00794 Statement of Intent to Comply 2.pdf
06-00794 Occupational License Tax 2.pdf
06-00794 Bid Response Check List 2.pdf
06-00794 Bid Response Form 3.pdf
06-00794 Bid Form 3.pdf
06-00794 Minority Affidavit 3.pdf
06-00794 Affirmative Action Policy 3.pdf
06-00794 Location Affidavit 3.pdf
06-00794 Statement of Intent to Comply 3.pdf
06-00794 Bid Response Check List 3.pdf
06-00794 Occupational License Tax 3.pdf
06-00794 Bid Response Form 4.pdf
06-00794 Bid Form 4.pdf
06-00794 Minority Affidavit 4.pdf
06-00794 DBE Affirmative Action Plan.pdf
06-00794 Affirmative Action Policy 4.pdf
06-00794 Location Affidavit 4.pdf
06-00794 Statement of No Bid 3.pdf
06-00794 Statement of Intent to Comply 4.pdf
06-00794 Bid Response Check List 4.pdf
06-00794 Occupational License Tax 4.pdf
06-00794 Letter.pdf
06-00794 Letter 2.pdf
06-00794 Letter 3.pdf
06-00794 Letter 4.pdf
06-00794 Certificate of Liability Insurance.pdf
06-00794 Award .pdf
06-00794 Award 2 .pdf
06-00794 Bid Response Form 5.pdf
06-00794 Bid Form 5.pdf
06-00794 Additional.pdf
06-00794 Minority Affidavit 5.pdf
06-00794 Affirmative Action Policy 5.pdf
City of Miami Page 13 Printed on 6/20/1006
City Commission
Meeting Minutes May 25, 2006
06-00794 Location Affidavit 5.pdf
06-00794 Statement of No Bid 4.pdf
06-00794 Statement of Intent to Comply 5.pdf
06-00794 Drivers License Information.pdf
06-00794 License Information.pdf
06-00794 Request for Identification .pdf
06-00794 Award Sheet .pdf
06-00794 Tabulation Sheet.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0315
CA.11 06-00661 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW
Fire -Rescue SPECIAL REVENUE FUND ENTITLED: "FIRST AIDE/CPR
EDUCATIONAL/TRAINING PROGRAM," CONSISTING OF A GRANT FROM
THE HEALTH FOUNDATION OF SOUTH FLORIDA AND APPROPRIATING
FUNDS, IN THE TOTAL AMOUNT OF $200,000, WITH THE AMOUNT OF
$50,000, AS THE FIRST INSTALLMENT AND AN AMOUNT OF $50,000,
EVERY SIX MONTHS THEREAFTER, FOR A TOTAL TWO-YEAR PERIOD,
TO PURCHASE AND INSTALL A MINIMUM OF SIXTY-SIX (66) AUTOMATIC
EXTERNAL DEFIBRILLATORS CITY-WIDE, TO PROVIDE TRAINING BY
THE DEPARTMENT OF FIRE -RESCUE TO 1,000 CITY OF MIAMI
RESIDENTS AND EMPLOYEES IN CPR/AED USAGE, AND TO CONDUCT
OUTREACH ACTIVITIES TO INCREASE AWARENESS; AUTHORIZING THE
CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE
NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID
GRANT AWARD, AND TO COMPLY WITH THE GRANT REQUIREMENTS.
06-00661 Legislation.pdf
06-00661 Summary Form.pdf
06-00661 Budget.pdf
06-00661 Letter.pdf
06-00661 Additional Grant Information.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0316
CA.12 06-00808 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Attorney DIRECTOR OF FINANCE TO PAY CASILDA CASTRO, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $41,000 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE
OF CASILDA CASTRO VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND
FOR MIAMI-DADE COUNTY, CASE NO. 05-20189 CA (25), UPON
EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT
City of Miami Page 14 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.
515001.624401.6.653.
06-00808 Legislation.pdf
06-00808 Cover Memo.pdf
06-00808 Memo.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0317
CA.13 06-00809 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Attorney DIRECTOR OF FINANCE TO PAY AZUCENA ALVARADO, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $42,000 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE
OF AZUCENA ALVARADO VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN
AND FOR MIAMI-DADE COUNTY, CASE NO. 04-3215 CA (31), UPON
EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT
AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.
515001.624401.6.653.
06-00809 Legislation.pdf
06-00809 Cover Memo.pdf
06-00809 Memo.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
CA.14 06-00823
Department of
Parks and
Recreation
R-06-0318
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2006,"
AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN AN
AMOUNT NOT TO EXCEED $573,894, CONSISTING OF A GRANT FROM
THE UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA")
THROUGH THE FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING
THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM USDA;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE
SCHOOL BOARD OF MIAMI DADE COUNTY, FOR THE PROVISION OF
LUNCHES AND SNACKS TO THE PARTICIPANTS OF THE CITY OF MIAMI'S
2006 SUMMER FOOD SERVICE PROGRAM, OPERATED BY THE
DEPARTMENT OF PARKS AND RECREATION.
City of Miami Page 15 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
06-00823 Legislation.pdf
06-00823 Exhibit.pdf
06-00823 Summary Form.pdf
06-00823 Sponsor Application Checklist.pdf
06-00823 Memo.pdf
06-00823 Memo 2.pdf
06-00823 Letter.pdf
06-00823 Name of Site.pdf
06-00823 SFSP Internal Controls.pdf
06-00823 Free Meal Policy Statement.pdf
06-00823 Review Form.pdf
06-00823 Camp Enrollment Verification Form.pdf
06-00823 Free Meal Policy Statement 2.pdf
06-00823 Authorized Signature Form.pdf
06-00823 Sponsor Sign in Log.pdf
06-00823 Summer Food Children Agreement.pdf
06-00823 Insurance Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0319
CA.15 06-00810 RESOLUTION
Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE A GRANT, IN THE AMOUNT OF $5,500, FROM THE
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE, TO PROVIDE
FUNDING FOR TWO (2) ADDITIONAL AMERICORPS VOLUNTEERS IN
SERVICE TO AMERICA ("VISTA") MEMBERS AND THEIR
TRANSPORTATION EXPENSES AND OTHER EXPENSES ASSOCIATED
WITH SAID VISTA MEMBERS WORK ON THE CITY OF MIAMI'S POVERTY
REDUCTION PROGRAM, PURSUANT RESOLUTION NO. 05-0145,
ADOPTED MARCH 10, 2005; APPROPRIATING SAID FUNDS TO SPECIAL
REVENUE FUND NO. 110146.098002.8.436, ENTITLED "AMERICORPS
VOLUNTEERS IN SERVICE TO AMERICA (VISTA);" AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, TO THE MEMORANDUM OF AGREEMENT, FOR SAID
PURPOSE.
06-00810 Legislation.pdf
06-00810 Exhibit.pdf
06-00810 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0320
CA.16 06-00781 RESOLUTION
City of Miami Page 16 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
Department of
Capital
Improvement
Programs/Transpor
tation
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH
MIAMI-DADE COUNTY TO RECEIVE FUNDS ON A REIMBURSEMENT
BASIS IN VARIED AMOUNTS, FOR CAPITAL IMPROVEMENT PROJECTS
AS LISTED BELOW FUNDED BY THE MIAMI DADE COUNTY BUILDING
BETTER COMMUNITIES GENERAL OBLIGATION BOND; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ADDITIONAL
DOCUMENTS NECESSARY FOR SAID PURPOSE.
06-00781 Legislation.pdf
06-00781 Exhibit.pdf
06-00781 Exhibit 2.pdf
06-00781 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0321
Adopted the Consent Agenda
Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, including all the
preceding items marked as having been adopted on the Consent Agenda. The motion
carried by the following vote:
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
END OF CONSENT AGENDA
Chairman Gonzalez: Does any of the Commissioner wants to pull any items from consent
agenda?
Commissioner Spence -Jones: CA.9, I just have some -- I need some clarification, that's all.
Chairman Gonzalez: CA. 9?
Commissioner Spence -Jones: Um -hum.
Chairman Gonzalez: All right. Any other items?
Commissioner Sanchez: Mr. Chairman, I would like to pull CA.4 for discussion.
Chairman Gonzalez: Very well. Commissioner Spence -Jones, you're recognized on CA.9.
Commissioner Spence -Jones: OK. 1-- this is really a question, I guess, for Glenn, for
Purchasing. Glenn, this is in reference -- I just want to get some clarity. When we do this
highest and lowest bidder thing when we have two different companies that come in, I just want
to make sure that it's clear that if there is a situation where the lowest bidder comes in, that
we've exhausted everything with the lowest bidder before we go into the secondary bidder,
because I understand that there are some concerns around that not really happening. Is that --?
Can you just make it clear to me that, you know, that is how this will operate, not just for this --
only for this particular item, which is the rental car situation, but any others? Is there any other
reason why it would not be happening that way?
Glenn Marcos: Well, it all depends on the actual -- Glenn Marcos, Purchasing director.
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City Commission
Meeting Minutes May 25, 2006
Commissioner, it all depends on the actual method of award and how that's actually built within
the actual solicitation.
Commissioner Spence -Jones: OK.
Mr. Marcos: Within this particular bid, what you have is that the actual method of award was to
be made to the three lowest responsive and responsible bidder.
Commissioner Spence -Jones: Right.
Mr. Marcos: In this particular case for the citywide rental vehicles, what you have is the actual
-- you actually have only two bidders --
Commissioner Spence -Jones: Right.
Mr. Marcos: -- that ended up submitting, so the actual -- the City has the option to go to any of
the actual bidders based upon the actual need of the actual car, and then they can select the
actual bidder that they want to end up renting the vehicles from.
Commissioner Spence -Jones: OK.
Mr. Marcos: Now, there are other contracts that have primary and secondary --
Commissioner Spence -Jones: Right.
Mr. Marcos: -- and if the actual primary is not available, you are allowed to go on to the
secondary vendor.
Commissioner Spence -Jones: OK, so for this particular item, are you saying to me that we will
exhaust everything for the first --?
Mr. Marcos: The way it should happen is is that if you need a particular vehicle, you can go to -
- hopefully, you should go to the lowest bidder who's offering the best rate at that particular
point in time, but we also recognize that the low bidder might not have that vehicle available, so
you are allowed to now go and exercise the secondary vendor to end up picking up that vehicle.
Commissioner Spence -Jones: But we will make every effort to make sure that that happens,
right?
Mr. Marcos: Absolutely.
Commissioner Spence -Jones: All right. That's all I wanted to have clarity.
Mr. Marcos: Thank you.
Commissioner Spence -Jones: Because if you win it, then -- if you win the bid for being the
lowest, then you should -- everything should be exhausted to make sure that that person gets it.
That's all.
Mr. Marcos: I agree.
Commissioner Spence -Jones: I just want to have clarity on.
Mr. Marcos: 1 agree.
City of Miami Page 18 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
Commissioner Spence -Jones: OK.
Mr. Marcos: Thank you, Commissioner.
Chairman Gonzalez: All right. Commissioner Sanchez, you're recognized on CA.4.
Commissioner Sanchez: Thank you, Mr. Chairman. Good morning. Is there anyone from the
Department of Capital Improvement? That's CA.4. 1 stated I was going to pull it for discussion.
Chairman Gonzalez: All right. Mr. Manager, I think you need to instruct your people back
there to be aware that we're having a meeting and that they should be paying attention in case
we need them here. We don't want to be wasting time waiting for people to show up because, as
you see, we have a long, long, long agenda today, so --
Commissioner Sanchez: Madam Director --
Chairman Gonzalez: Good morning.
Commissioner Sanchez: -- on this item, I just want to clam a couple of things. First is, whose
land is it? Is it our land or is it Miami -Dade College?
Mary Conway: This -- Mary Conway, Capital Improvements & Transportation. This is for 4th
Street, which is a city street. It is a city street right-of-way.
Commissioner Sanchez: It is a city street right-of-way.
Ms. Conway: Yes.
Commissioner Sanchez: OK. Then I guess that answers all my questions, because I was under
the impression that it wasn't our property, and I just wanted to ask some questions as to
assuming of the liability, and of course, the maintenance responsibility, but if it's our land and it
-- I'm perfectly fine with it. OK.
Chairman Gonzalez: All right. Any further discussion? Hearing none, we need a motion to --
Vice Chairman Winton: Move the CA (consent agenda) agenda.
Chairman Gonzalez: -- approve the consent agenda.
Vice Chairman Winton: Move it.
Commissioner Sanchez: Second.
Chairman Gonzalez: We have a motion and we have a second on the consent agenda. All in
favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
City of Miami Page 19 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
MAYOR AND COMMISSIONER'S ITEMS
CITYWIDE
HONORABLE MAYOR MANUEL A. DIAZ
M.1 06-00821 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE
POLICY AND PROCEDURES AGREEMENT OF THE ECIVIS GRANTS
LOCATOR SERVICE, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE FOLLOWING SIXTEEN (16) COMMUNITY BASED ORGANIZATIONS
("CBOS"): ALLAPATTAH YMCA; MIAMI BETHANY COMMUNITY SERVICES;
RESIDENTIAL PLAZA AT BLUE LAGOON; COCONUT GROVE CARES,
INC./THE BARNYARD; ASSOCIATION FOR THE DEVELOPMENT OF THE
EXCEPTIONAL; GREATER ST. PAUL AFRICAN METHODIST EPISCOPAL
CHURCH; REGIS HOUSE; CASABLANCA CHRISTIAN CENTER; CITIZENS
FOR A BETTER SOUTH FLORIDA; PRINCE OF PEACE LUTHERAN
CHURCH; IGLESIA BAUTISTA RESSURRECCION; HOPE RELIEF FOOD
BANK; HOSANNA COMMUNITY FOUNDATION, INC.; POLICE ATHLETIC
LEAGUE/DO THE RIGHT THING; MIAMI HOMELESS ASSISTANCE
PROGRAM AND THE MIAMI/MIAMI-DADE COUNTY WEED & SEED, TO BE
USED ON AN AS -NEEDED BASIS, IN ORDER TO PROVIDE SAID CBOS
ACCESS TO SAID GRANTS LOCATOR PROGRAM, FOR A BASE TERM OF
A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT NO COST TO THE CBOS,
CONTINGENT UPON THE CITY'S CONTINUED AGREEMENT WITH THE
ECIVIS GRANTS LOCATOR SERVICE; FURTHER AUTHORIZING THE
ADDITION OF QUALIFIED CBOS TO THE CONTRACT WHEN DEEMED IN
THE CITY OF MIAMI'S BEST INTERESTS BY THE CITY MANAGER
WITHOUT FURTHER CITY COMMISSION AUTHORIZATION.
06-00821 Legislation.pdf
06-00821 Exhibit.pdf
06-00821 Exhibit 2.pdf
Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0322
Chairman Gonzalez: I believe the Mayor has an item. Someone from the Mayor's office.
Lisa Martinez: Lisa Martinez, Mayor's Office. M.1 is a resolution authorizing the City Manager
to execute the policy and procedures agreement to the eCivis Grants Locator service with 16
community -based organizations. This would be -- this agreement would be in place in order to
provide said organizations access to the grants locator program.
Vice Chairman Winton: So moved.
Commissioner Sanchez: Second.
City of Miami Page 20 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
Commissioner Spence -Jones: Second.
Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say
aye.
„
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
DISTRICT 1
CHAIRMAN ANGEL GONZALEZ
DISTRICT 2
VICE CHAIRMAN JOHNNY L. WINTON
D2.1 06-00796 DISCUSSION ITEM
DISCUSSION CONCERNING PEDESTRIAN TRAFFIC AND THE USE OF
SIDEWALKS AROUND BUILDING SITES.
06-00796 E-mail.pdf
DISCUSSED
Chairman Gonzalez: We go to -- Vice Chairman Winton, do you have any blue pages? 1 believe
you do.
Vice Chairman Winton: I believe I do also.
Chairman Gonzalez: D2.1.
Commissioner Sanchez: You got -- you have several discussion items.
Vice Chairman Winton: The first item, D2.1, it says, "Discussion concerning pedestrian traffic
and use of sidewalks around building sites, " and this issue is particularly pronounced in
downtown Brickell area. We all know that we've worked -- that a big part of our mantra,
relative to the high density zones that we're building in, is to create a pedestrian friendly
environment. You know, we're requiring developers to provide wider sidewalks, more
landscaping; we requiring them all to provide some level of retail at the ground floor so that if
you're in a tower, your car may be parked in the garage, but maybe you only use it once a week
because you've got to go somewhere else, you don't have to go within your five-, six-,
seven -block radius or whatever the radius that transit will take you in these areas, and so the
objective is to get people -- you know, the big concern about traffic is if we get people walking in
these high -density areas, the traffic's actually going to get better, not worse, if we've created the
right kind of street -level environment and the right kind of circulator system, and I think we have
that going on already. That's what we're doing. However, we and the developers 1 think right
now are shooting ourselves in the foot because the developers, not only are they taking over the
sidewalk, but they're also taking over part of the street, and 1 don't necessarily have a problem
with them building over the sidewalk -- you know, you can do that in major cities all across the
country -- but they've taken away the ability for the pedestrian to walk anywhere except in the
street, which is dangerous and which defeats the purpose that they're trying to bring to their own
clients, you know, because they're making the same pitch we are, the developers are. You're not
going to need a car. Come into my development; you're going to be able to walk to a million
things around here. We're going to have the greatest environment of any city in America; come
by here, and that's our pitch, that's their pitch, but the two of us have both missed the boat in this
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City Commission
Meeting Minutes May 25, 2006
interim phase where we're doing the development and allowing the developers to eat up the
sidewalk, and so I know Alicia was working on something where they could just kind of
rent -a -sidewalk thing, and I've been thinking about that a lot, and I'm not sure 1 want to even do
that. What I do want to do is protect the walkable environment for pedestrians because that's
going to be to everyone's benefit, end of story. That's going to help with those who have already
moved downtown, because they become the big proponent of all this stuff that's going on, so
they're going to tell their friends that, jeez, you need to buy a unit down here also because I can
literally walk from here to here to here to here and I'm in paradise, so I think what we need to do
-- and Mr. Manager and staff, I don't know exactly what the vehicle is, but we have to, very
quickly 1 think, create a different paradigm for this development that requires the developers to
provide a pedestri -- a safe pedestrian path for pedestrians that -- around these building sites,
and the sooner we do it, the better, and I'm not suggesting that we charge another fee. I'm just
suggesting that they build -- they be required to create that pedestrian path that's a safe
pedestrian path, and if you go to Manhattan, you see -- you know, there's this boardwalk thing;
they're building on top of it, and you got this big secure thing that you walk under, and that's
what they're looking for. They're not looking for trees and sidewalks and all that stuff right now.
They know that development's going on, but they are looking for -- and I -- and the reason I
bring this up is because I've had a whole host of calls of late about this very issue, and I think we
-- I know we've all looked at it and we've all been paying attention to it, but we haven't paid the
right attention to it, and now the very people that we've recruited downtown who have come to
the promise are -- you know, we're smacking them around a little bit, and we need to make that
environment much friendlier, and that's the one thing that they're looking for, so can y'all help
me figure out what we do next?
Commissioner Regalado: Coral Gables --
Vice Chairman Winton.: Move to Coral Gables?
Commissioner Regalado: -- they have -- no.
Vice Chairman Winton: Oh.
Commissioner Regalado: Do the -- in Miracle Mile, they have this construction -- they have this
tunnel on the sidewalk to protect the people from debris on 37th --
Vice Chairman Winton: And 1 think --
Commissioner Regalado: -- Avenue. They have it on Ponce. They have it, too.
Vice Chairman Winton: -- it's that simple, so can y'all tell me what we need to do to get that in
place?
Chairman Gonzalez: Can we have an answer? Could you please come to the podium and give
us an answer?
Vice Chairman Winton: I'm not going to bite.
Stephanie Grindell (Director, Public Works): Stephanie Grindell --
Chairman Gonzalez: He isn't going to bite you.
Ms. Grindell: -- director of Public Works. Yes, we'll absolutely look at that.
Vice Chairman Winton: Great, and when can you come back? Is this going to require an
ordinance change or is this an administrative issue?
City of Miami Page 22 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
Ms. Grindell: We actually have an ordinance change in process that we were hoping to bring to
Commission in July, but it does involve additional fees in an effort to discourage use of --
Vice Chairman Winton: No, it doesn't.
Ms. Grindell: -- the public facilities.
Vice Chairman Winton: It could be administrative. You cannot build -- you cannot take over the
sidewalk. You're required to build -- it doesn't cost the developer -- we don't have to charge the
developer another fee, and we're pounding on 'em right now. We're adding new impact fees
constantly, and I don't -- I'm not -- I've really been thinking about this. We don't have to charge
them another fee. They build over the sidewalk. That's their requirement to build over the
sidewalk and the pedestrians can still go back and forth, and through and that doesn't cost us a
thing.
Commissioner Spence -Jones: Commissioner Winton, I just wanted to ask you one quick
question. I'm just so shocked and surprised that that's not already -- something like this is not
already happening. 1 mean, unfortunately -- you know, 1 have no building going on in my
district, so I don't have the opportunity to see any of that happening, so I -- you know, like -- just
like you mentioned, in every major city, 1 mean, when they're building something, that's like
automatically happening, so is it not -- you're saying that, at this point, in order for pedestrians
to walk by, they have to walk around the sites?
Ms. Grindell: Actually, we do --
Vice Chairman Winton: Well --
Ms. Grindell: -- have a system in place. We --
Commissioner Spence -Jones: OK.
Ms. Grindell: -- have a road closure system that we recently changed --
Commissioner Spence -Jones: Um -hum.
Ms. Grindell: -- where we route a permit through various departments. One of them includes
NET (Neighborhood Enhancement Team), the Police Department. We ensure also that they get
a police permit before we issue our final, but there are many sites that will just take over the
right-of-way without the permit, and when we find those locations, as those are reported or as
we're driving through and we see those, we report them to the Police Department and they force
those contractors to open the roads.
Vice Chairman Winton: But 1 think I'm -- well, I'm not sure I'm convinced of that because there's
a number of developments, particularly on Brickell, if you drive down the Brickell area right
now, where you've got to literally walk in the street. There isn't an alternative to walking in the
street.
Ms. Grindell: Well, what I can say about Brickell is that we don't issue permits on Brickell. We
issue permits on the side streets, but I can coordinate with DOT (Department of Transportation)
to ensure that they provide for --
Vice Chairman Winton: Well --
Ms. Grindell: -- pedestrian access.
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City Commission
Meeting Minutes May 25, 2006
Vice Chairman Winton: --1 think the sooner -- and this is another part of my point. I'm not
convinced, at all, that this is an ordinance issue. 1 think this is an administrative issue. I hope --
Chairman Gonzalez: Yeah, administrative.
Vice Chairman Winton: -- the City Attorney would look at that. I can't imagine that, in our
Code, we're not allowed to require developers to -- it's one thing to allow them to use our
sidewalk, but let them use the sidewalk with a cover built --
Commissioner Spence -Jones: Covering, yeah.
Vice Chairman Winton: -- on top of it so they can still do their development around there and
have that extra space, but the sidewalk has this big tunnel built on top of it that the pedestrians
can still utilize.
Ms. Grindell: That can be handled administratively.
Vice Chairman Winton: I'm sorry?
Ms. Grindell: That can be handled administratively.
Vice Chairman Winton: Well, that's what I thought --
Chairman Gonzalez: Of course.
Vice Chairman Winton: -- so I think y'all need to get somebody out on the streets and relook this
thing and talk to developers. Listen, from the developer standpoint, I know it's going to cost
some of them a little more money, but it's -- but the benefit to them is going to be immense
because if their customers right now are complaining to me, they're going to be complaining to
them, and they're going to be complaining to their friends, and if they're complaining to their
friends that this is nothing but a mess, then the friends aren't going to come downtown and buy,
so this is a benefit both to the developer and to our whole mission, which is to create a really
fabulous, walkable environment downtown, so I think, if we can -- I think that it is an
administrative thing, and I hope that you all will get out on the street and meet with the
developers and get this problem resolved.
Ms. Grindell: Understood.
Vice Chairman Winton: Thank you.
D2.2 06-00900 DISCUSSION ITEM
DISCUSSION CONCERNING THE PROCEDURE FOR PLACING BANNERS
IN THE PUBLIC RIGHT OF WAY.
06-00900 E-mail.pdf
DISCUSSED
Direction by Vice Chairman Winton to the City Manager to coordinate a meeting with a member
of the Manager's staff and neighborhood groups to more thoroughly review the banner process
and procedures, and bring back a recommendation to the City Commission in 30 days.
Chairman Gonzalez: All right. D2.2.
Vice Chairman Winton: I would like to -- I have some folks from the West Grove. I'm not sure
who the spokesperson is going to be, but I would like them to put the first comments on the public
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record, and then I'm going to talk about just kind of the global issue related to this point, but
they're going to make the point about a very specific neighborhood, but this is really a citywide
issue that we need to take up.
Jihad Rashid: Thank you, Commissioner.
Chairman Gonzalez: Good morning, sir. We need your name and address for the record,
please.
Mr. Rashid: My name is Jihad S. Rashid. I'm president/CEO (Chief Executive Officer) of
Coconut Grove Collaborative. I'm here to represent the Village West community regarding the
banners. A little background. The City of Miami, in cooperation with Miami -Dade County,
spent $4.1 million to improve the street, and following that, to preserve the pride and help with
our branding, and this new street, we had banners. We sponsored a banner contest, featuring
the area schools for fifth -- four area schools featuring the fifth and sixth graders. These
banners were paid for as part of that project and put up as part of the project, and due to the
hurricane, they, of course, were blown down. What we're attempting to do is to establish some
kind of procedures that gives specific dates when those banners should go up and down with
respect to the hurricane season. We've got great investment. We have over 69 banners in the
NET (Neighborhood Enhancement Team) office, in the Southwest Grove NET office, and we've
made several inquiries, but we've been thwarted because we couldn't get any real answers. This
is just a tip of the iceberg of the transformation for the Grove, and it helps us with the branding,
it engenders the pride, and right now, we sought to cooperate with the Village Center in their
banner contest. They elected to put their own banners, which is good and it's fine, but in
contrast to that, we have a situation where the banners look like broken teeth because they're out
of sync and out of coordination, so again --
Vice Chairman Winton: But the issue is economic, right?
Mr. Rashid: It may be. One of the things I suggested is that this might be a Risk Management
issue, so economic.
Vice Chairman Winton: Well, let me help you. It is economic, what the City's requiring is that in
order -- if the -- the ones that are put up in the Center Grove are paid for by the BIC (Business
Improvement Committee), and the BIC was required to sign and agreement with the City to fund
$25, 000 a year to Public Works to maintain these banners. Now, these aren't waiving banners.
These are, you know, kind of hurricane proof but they -- but they're not flexible, and these
identification banners have ended up, as a part of recommendations, in many of our
neighborhood master plans, Buena Vista East, the West Grove, and other neighborhoods, and
the City's requirement that the neighborhood put up $25, 000 a year to maintain them means that
no neighborhood's ever going to put these banners up because who's going to raise $25, 000 a
year --
Chairman Gonzalez: Of course not.
Vice Chairman Winton: -- to maintain these banners? Now, I frankly completely understand
Public Works' position. I mean, they're not being irrational. Somebody's got to figure out how
you maintain these things, but from a public policy standpoint, 1 think we've got to make some
decisions about how we're going to deal with these things because, frankly, these banners
generally, you know, 98 percent of the time, are very, very attractive, they're a great
neighborhood enhancement. We're doing the things, as new poles go up, so that these things can
actually work, but there doesn't appear to be an appropriate funding mechanism, one; and two,
I'm not sure that the $25, 000 -- I don't know where that number comes from. It seems stiff to me,
and Stephanie is at the microphone anxious to say something, so I will --
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Stephanie Grindell (Director, Public Works): Public Works Department does not have a
$25, 000 fee requirement. It --
Vice Chairman Winton: Who does?
Ms. Grindell: -- perhaps, there is an insurance requirement that they might have to have, but
what we have them execute is a maintenance agreement that says that they -- that if it gets
damaged or if it needs to be replaced, that they will pay to have that done --
Vice Chairman Winton: OK.
Ms. Grindell: -- and it's usually done as a turnkey. The -- whoever they hire will replace the
bracket and replace the banner.
Vice Chairman Winton: Oh, that's probably it then. That -- it's probably whoever they hired to
do that says, OK, we'll do all this work for you, but it's $25, 000. That's probably where it comes
from then.
Ms. Grindell: I would be surprised if that were the case, though.
Vice Chairman Winton: Well, could -- its an issue, I think -- Mr. Manager, I wonder if we can
get somebody from your staff to work with a number of these -- a couple of these neighborhood
groups and more thoroughly review this whole process and procedure, and see if we can't bring
some sort of recommendation back to the City Commission. You know, it sounds like we don't
have all the -- we don't even have all the questions right, nevermind all the answers, but we know
we have a problem, and we have a neighborhood where we're trying to get this done and we
can't; part of it's economic and there may be some other things, so if you could meet with a
couple of the neighborhood groups, with your staff, and see if we can figure out a plan to move
forward, that would be great, and bring it back to us in 30 days. OK.
Mr. Rashid: OK. Thank you.
Vice Chairman Winton: Thank you very much.
D2.3 06-00907 DISCUSSION ITEM
DISCUSSION CONCERNING THE COUNTY ORDINANCE CHANGE TO
THE TDT (TAX DEVELOPMENT TAX) REVENUES.
06-00907 E-mail.pdf
MOTION
A motion was made by Vice Chairman Winton, seconded by Commissioner Spence -Jones, and
was passed unanimously, to direct the City Attorney to review the original enabling legislation
for the community development tax dollars, including the portion that carved out 20 percent of
those funds for the City of Miami, to determine if Miami -Dade County is acting within the laws
that were created for the tax development revenues, and to provide steps available to the City
Commission to change that action and/or to abolish the tax countywide.
Chairman Gonzalez: All right. D2.3.
Vice Chairman Winton: I'm going to read -- I think you all have received this memo, but I'm
going to read it into the record. This is to City Manager Joe Arriola and it's from George
Burgess, the County Manager, and it says, "Please be advised that on April 27, 2006, the Board
of County Commissioners adopted an ordinance which modifies the provisions relating to the
expenditures of Tourist Development Tax revenues. The ordinance will become effective ten
days after the date of enactment, unless vetoed by the Mayor. The ordinance provides that the
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revenues previously allocated to the City of Miami, which is 20 percent of collections, be
retained by the County; that the funds be expended within the municipal boundaries of the City
of Miami, and that the County decide which projects to fund. If the City would like to make any
recommendations regarding funding for a particular project or set of projects using Tourism
Development Tax funds, please feel free to contact me." Now, I'm trying to be diplomatic here,
but 1 guess there's kind of two prongs here. One is, I was curious as to how my colleagues feel
about the County apparently taking position that this little lowly City of Miami isn't qualified to
make its own decisions about where to spend Tourism Development Tax dollars any longer, and
we've been doing it for how many decades this has been many place, but apparently, we no
longer have the internal qualifications to make shows decisions on our own, and it's always
better if your big brother can take care of you from ahigh, wherever that may be, and so
apparently, we do have big brother looking over us very carefully and making sure that we make
no mistakes. Sure hope they don't. The other question I have is a legal question, and I would
like to urge my colleagues to support a request that our City Attorney review the original
enabling legislation for the Community Development tax dollars, including the part that carved
out 20 percent of those dollars for the City of Miami. I know Miami Beach has a carve -out also.
I don't know who else does, but to determine whether or not the County is acting within the laws
that created this thing, number one, and number two, to let us know what steps, if any, we might
take to change that action and/or to mods -- and I'm going to suspect that the enabling
legislation came out of Tallahassee, but maybe we need to -- because we're not qualified to make
those decisions on our own, maybe we need to be lobbying Tallahassee to do away with the tax
countywide, do away with the tax countywide because I'm not so sure that the County is any
more qualified to make decisions in terms of how we ought to spend our money than we are, so
Mr. City Attorney --
Jorge L. Fernandez (City Attorney): Yes.
Vice Chairman Winton: -- and my colleagues, those are my two requests, but 1 don't know what
your thoughts are.
Chairman Gonzales. All right. Is that a motion?
Vice Chairman Winton: That -- so moved.
Chairman Gonzalez: All right.
Commissioner Spence -Jones: I just have some comments on that, Commissioner Winton, but --
Mr. Fernandez: Commissioner.
Chairman Gonzalez: OK. Do we --? We have a motion on the floor. Do we have a second?
Commissioner Spence -Jones: Second.
Chairman Gonzalez: We have a second. Discussion. Commissioner Spence -Jones, you're
recognized.
Commissioner Spence -Jones: Well, 1 think -- I wanted to at least give him the opportunity to
respond to Commissioner Winton's -- and I don't know if the Manager has. I just want to add
something to that, but do you want to respond to what Commissioner Winton has asked you?
Mr. Fernandez: No. Basically, I take the motion to be direction to the City Attorney to do an
analysis of the Tourist Development Tax and, you know, give you legal direction as to how to
proceed, vis-a-vis the County's taking back the sole authority for making decisions and
expenditure, and explore alternatives of how else it can be handled.
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Vice Chairman Winton: You know -- and by the way, 1 have a great idea in terms of a trade-off
for them. The citizens of Miami pay 5.2 mills in taxes to the County every year. All of our
citizens pay for that. Don't know if we get that much in service back, but I would suggest that if
they need to make the decision about the Tourist Development tax that's collected in our city
that's really theirs, that maybe the trade-off is that the 5.2 mills that they collect from all of our
residents, that all of that money be sent back to the -- that we make decisions in terms of how
they spend our taxpayers' money somewhere in our City. That's -- I would do that trade-off.
Joe Arriola (City Manager): Commissioners, if you allow me. As long as we're asking the
Attorney to look into this thing, because the threats have come down very seriously as of last
week, that they will also eliminate the -- they want to eliminate the Omni CRA (Community
Redevelopment Agency) and the Overtown CRA, that he should look into the legal rights that
they might have to do so, because they have said that that's what they're going to bring to their
Commission next is the elimination of both CRAs and for them to keep all the money, so I would
suggest that, as long as we're looking into that particular item, that we should look at the other
two items, too.
Commissioner Spence -Jones: I just --1 really have to make a comment on this. It's -- I needed
to have clarity first. The funds that were collected, Mr. City Attorney, are we saying -- those
funds that were -- those taxes that were collected before went to -- they used to come to the City
and now they're no longer going to come to the City?
Mr. Fernandez: Well, the County collected them --
Commissioner Spence -Jones: Right.
Mr. Fernandez: -- and then the County gave the City a percentage. 1 don't know exactly --
Commissioner Spence -Jones: They gave it to the City --
Mr. Fernandez: -- what percent.
Commissioner Spence -Jones: -- or to the Bureau? It was the City?
Mr. Fernandez: Right.
Commissioner Spence -Jones: So we would, in return --
Mr. Fernandez: And you made all the decisions as to how they were spent, and you have a list of
authorized expenditures. You could not use it for any other purpose other than those listed in the
statutes, but that was the sole discretion of the City to make that decision.
Commissioner Spence -Jones: OK. Just so that we all have a sense, that my colleagues and the
folks in the audience and the folks that are watching, what is the dollar amount? Do we have
any idea how much dollars, at this point, we're talking about?
Mr. Arriola: It's the total collection, and 1 will get -- Linda --
Commissioner Spence -Jones: Because 1 mean, that's really important --
Mr. Arriola: -- give you some of the --
Commissioner Spence -Jones: -- for us --
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Mr. Arriola: But it's about $4 million --
Commissioner Spence -Jones: OK.
Mr. Arriola: -- but understand what they're saying is that from now on, if we want to spend any
money, we have to go to them and ask them to give us permission to spend the money, and it's an
absolute tactic that they're using to --
Vice Chairman Winton: And Commissioner --
Mr. Arriola: -- punish the City because --
Vice Chairman Winton.: Commissioner --
Mr. Arriola: -- we don't agree with them --
Vice Chairman Winton: -- may I make --
Mr. Arriola: -- on certain things.
Vice Chairman Winton: -- one more point to you about this?
Commissioner Spence -Jones: Sure. 1 want to finish my point, though, on this point --
Vice Chairman Winton: I'm sorry.
Commissioner Spence -Jones: -- but you can --
Vice Chairman Winton: Because if you take what they're doing to its next most logical
extension, in their mind --
Commissioner Spence -Jones: Yeah.
Vice Chairman Winton: -- they also collect -- they collect all of our ad valorem taxes, so is the
next step then going to be that "Well, you guys can't spend your ad valorem tax money either
without getting our approval," so I'm sorry, so --
Mr. Arriola: Well, that's where they're heading.
Commissioner Spence -Jones: Well, I -- let -- I -- so you told me the dollar amount and 1
understand the dollar amount. My concern and -- out of all of it is, you know, already, you
know, we count on the County to provide us, like Commissioner Winton said earlier, support in
certain areas based upon the taxes that we give them, and there's even questions sometimes
whether or not we get everything that we need to get from that. I am really concerned about our
neighborhoods, you know, now lose -- the possibility of them once again losing something, you
know, and it all be determined whether or not the County feels the projects or the County feels
that they're the right projects or right things to have happen within our communities --
Mr. Arriola.: Commissioner --
Commissioner Spence -Jones: -- and they already have enough municipalities to run --
Mr. Arriola: Commissioner --
Commissioner Spence -Jones: -- or support, so now we're going to turn in -- one of the largest
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municipalities turn something else over to them to handle and do?
Mr. Arriola: Commissioner, obviously, they couldn't handle it anyway. They can't handle their
own problems, but like again -- I'm going back -- this is nothing but a strong-arm tactics. It's
like they -- where the little boy and the little boy's not --
Commissioner Spence -Jones: But the people lose.
Mr. Arriola: Absolutely, and --
Commissioner Spence -Jones: You know, the people --
Mr. Arriola: They --
Commissioner Spence -Jones: -- of the community lose from it.
Mr. Arriola: The County Commission has forgotten that they get elected by our people, and
these are our taxes. It's basically the same issue that I had with the bonds this past week with
them is that they have a feeling that it's their money.
Commissioner Spence -Jones: Um -hum.
Mr. Arriola: It is really not their money. It really is our money. All they act is as the collection
agency, but somehow, they're now feeling that they're going to be big brothers and they're not
going to let us spend the money. It's just bringing a little more bureaucracy and slow down the
process because, like 1 said, there are other issues on the table and they're just trying to force the
other issues by pretty much trying to strangle our ability to function as a government.
Commissioner Spence -Jones: So now your next statement regarding the Omni CRA and, you
know, the expansion of the CRA -- the Overtown --
Vice Chairman Winton: Forget about the expansion.
Commissioner Spence -Jones: -- Park --
Mr. Arriola: Forget the expansion. We're talking about the existing CRA.
Vice Chairman Winton: They're -- they want to wipe out the two CRAs completely.
Commissioner Spence -Jones: OK, so already my community -- I'm -- and I don't mean to say
anything about anybody else's district because 1 can only speak for mine that will be affected by
the CRAs not being there.
Mr. Arriola: Absolutely.
Commissioner Spence -Jones: You know --
Vice Chairman Winton: Hugely.
Commissioner Spence -Jones: -- this is ridiculous.
Mr. Arriola: I couldn't agree with you more.
Commissioner Spence -Jones: It's crazy that we should even be having this discussion about
ending --
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Mr. Arriola: You're right.
Commissioner Spence -Jones: -- the CRA when, quite frankly, the folks from Overtown have not
been able to even benefit from the CRA.
Mr. Arriola: Yes, ma'am.
Commissioner Spence -Jones: They're finally getting a chance to, hopefully, be able to benefit
from it, and there's -- now we're saying the CRA is over --
Mr. Arriola: It could be. I mean --
Vice Chairman Winton: That's their --
Commissioner Spence -Jones: -- or the possibility --
Vice Chairman Winton: -- position.
Mr. Arriola: I'm not saying --
Commissioner Spence -Jones: -- it could be over?
Mr. Arriola: Commissioner, I'm not saying it's over.
Commissioner Spence -Jones: Yeah, but the idea --
Mr. Arriola: Their resolution that bring --
Commissioner Spence -Jones: -- is they could --
Mr. Arriola: -- it to the table is to kill it --
Commissioner Spence -Jones: -- but the idea --
Mr. Arriola: -- and that's what I'm asking the -- our attorneys to look into it to avoid this
conflict.
Commissioner Spence -Jones: But Mr. Manager -- and I'm not making --
Mr. Arriola: Yeah.
Commissioner Spence -Jones: -- this about you. I just want my colleagues --
Mr. Arriola: Oh, I know.
Commissioner Spence -Jones: -- to understand that once we start allowing for this to continue --
and the --
Mr. Arriola: We can.
Commissioner Spence -Jones: -- citizens. The citizens -- I see a lot offolks from Overtown sitting
out there. If we don't make -- if we do not let -- if you guys do not let your voices be heard, you
know --
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Vice Chairman Winton: Bingo.
Commissioner Spence -Jones: -- to your County Commissioners and folks out there that, you
know, we cannot allow for this to happen. You know, finally, you know, the thing with the CRA
is moving and now you're not going to be able to benefit from it? This is ridiculous. This is
crazy.
Mr. Arriola: Couldn't agree with you more, Commissioner.
Chairman Gonzcilez: All right. Commissioner Regalado.
Commissioner Regalado: Thank you, Mr. Chairman. 1-- remember, I'm sure that three of us
are board members of MSEA (Miami Sports & Exhibition Authority) remember that when we
approve the sell of the Miami Arena, I asked them, you asked them, everybody asked -- the first
question to be asked is do we have a guarantee from the County that the revenue that was used
by TD (tax development) money to pay the Miami Arena bonds will continue to come to the City
of Miami? And 1 remember, yes, we have the assurances. My only question is do we have it in
writing or this was just --? I remember that the Manager --
Mr. Arriola: Yeah.
Commissioner Regalado: -- said at that time that, yes, we do --
Mr. Arriola: Yes.
Commissioner Regalado: -- have their assurances.
Mr. Arriola: Yeah. Remember, Commissioner, they're not saying they're taking the money away
from us.
Commissioner Regalado: No. 1 understand what you're saying.
Mr. Arriola: You know what I'm saying?
Commissioner Regalado: 1 understand what you're saying.
Mr. Arriola: So, yes, we do, by the way. That's the answer, but in their kind of sneaky way,
they're not saying we're going to take the money away from you. What we're going to do is make
it very difficult for you to spend the money, and that they -- we have to go to them to approve
every project. For instance, some of that money, as you know, was going to go to the Orange
Bowl -- to renovations of the Orange Bowl, et cetera, et cetera. Now, before we do that, as we
have a right to, we would have to go to them and get them to say --
Vice Chairman Winton: Beg.
Mr. Arriola: -- OK, we want to do the Orange Bowl, and suppose somebody says, well, we don't
think that's a good project. We would rather have you spend the money in whatever. They think
that they have that right, and I think that that's the -- what we need to get from our Law
Department, what rights do they really have to tell us how to spend our own money, but, yes, the
money's not leaving us; it's just -- it's being --
Commissioner Spence -Jones: Managed --
Mr. Arriola: -- strangled --
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Commissioner Spence -Jones: -- by them.
Mr. Arriola: Managed. That's the word, sir.
Chairman Gonzalez: All right. Thank you. Mr. City Attorney.
Mr. Fernandez: Yes, we will be reporting to you completely on these issues. We would need to
have the nature of the correspondence or the nature of the dealings or transactions between the
City and the County so that we can review those because we have not been privy to any of those
discussions or meetings or correspondence. 1 haven't seen that letter that Commissioner Winton
referred to, but just for the sake of very, very brief clarification, specialty taxes, taxes like those,
or collections from CRA, or Tourist Development Tax, or any other of those specially created by
statute taxes, they're are creatures of statues, and they have very specific controls and
mechanisms, and they favor the County's positions. Generally speaking, that's just a very broad
statement. 1 have 14 years of experience as County attorney and I can tell you that this issue that
you're visiting now, the relationship between cities and counties with regard to these specialty
taxes is a point of contention between cities and counties because the statutes have been
relatively unfair to cities, giving the counties greater power and greater latitude, generally
speaking. However, over the past several years, the legislature has taken to make corrections in
what has been brought to their attention has been abuses on the part of big brother County,
vis-a-vis smaller municipalities. That's a very broad brush approach to the issue that you're
beginning to confront.
Commissioner Regalado: Yeah, but Mr. City Attorney, if I may. Miami Beach has a special
relationship with the Greater Miami Convention and Visitors Bureau. They do get their revenue
stream directly, and no one is able to tell them. They have a different setup than the City and the
County, because you know, we do, 1 think, more than 20 percent. The last -- I remember when I
was a member of that board many years ago, it was like 31 percent of the revenues are from the
City of Miami, and then 34, 35 from Miami Beach, and then the rest, Unincorporated Dade
County and other municipalities, so Miami Beach, it would be wise to explore their relationship -
Mr. Fernandez: Yes.
Commissioner Regalado: -- because they have a different setup in taking.
Mr. Arriola: Can 1--? Commissioner, if you recall, about two years ago, when this whole
Marlins stuff started, that they went and they took the money away from the City -- they pretty
much doing what they did They took the money away from the City of Miami Beach, and then
their kind of settlement, if you want to call it, was that they put in the bond issue --
Commissioner Regalado: Right.
Mr. Arriola: -- the fifty million --
Commissioner Regalado: Fifty million.
Mr. Arriola: -- dollars --
Commissioner Regalado: Fifty million dollars.
Mr. Arriola: -- but the relationship is basically the -- exactly the same thing. At that time, they
exercised their right, as a County, at the total complaint and lawsuits and everything of Miami
Beach, if you recall, they went and took the money. Then they repaid them through the bond
issue to settle the issue, but they literally went in and took the money from them.
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Commissioner Regalado: With the only difference that they let Miami Beach to handle their own
bond money in terms of --
Mr. Arriola: Um -hum.
Commissioner Regalado: -- decision -making process either for the Convention Center or for the
Jackie Gleason. I mean, they are debating that now, as we speak, so --
Mr. Arriola: As we do. What they've basically done now is they want to take that right away
from us to make our own decision, which is what they just passed, sir.
Chairman Gonzalez: All right. We had a motion on the floor and we had a second. Yes,
Commissioner.
Vice Chairman Winton: Can I make one last comment? And that is that there's a reason for all
of this and there's one reason, and it's Parrot Jungle. Parrot Jungle is the reason that the
County is playing major big brother with us, and 1 think the County's tax ticks, frankly, are
reprehensible, but I will also say that I think that the way we handled the Parrot Jungle issue
with the County was not appropriate, and I've said that to the Mayor, said to the Manager. I
think there's -- I think that, in some fashion or another, we need to figure out how to solve the
Parrot Jungle issue that meets everyone's needs; that's the taxpayers of the County, the taxpayers
of the City, and frankly, Parrot Jungle. Parrot Jungle, we don't want Parrot Jungle to fail.
Who's going to take over that thing? We want it to succeed, so there have to be some steps taken
to put them on better financial footing as it relates to this whole renegotiation thing. That's the
trigger to all of this. That's said, however, I will suggest to you that even before this happened --
I've kind of watched the -- this County movement, this big brother County movement, and I think
that, Mr. City Attorney and Mr. Manager, we really do need to begin to look at a whole host of
these kinds of things because I think this is a movement. I don't think this is -- you know, I know
that this was the trigger, but we've seen this kind of thing in the past, and it is a movement on the
part of the County that we need to begin to brace ourselves for, and if that includes going to
Tallahassee next year to change whatever legislation we have to change -- and 1 remember,
during the battle over taking home rule away from Miami -Dade County, that we sat on the
sidelines. That wasn't our battle, but I'm afraid that the County is making this home rule issue
our battleground, and if need be, maybe we go to Tallahassee and help lead the charge to
restructure this County government to work like every other county in the state of Florida instead
of this unique big brother system that it's currently got and it's exercising against the citizens and
taxpayers of the City of Miami.
Commissioner Spence -Jones: And I just have to add on to you, Commissioner Winton. My
biggest issue and concern about this whole thing is for Parrot Jungle to affect the residents of
Overtown; that this is being put over our heads --
Vice Chairman Winton: Bingo.
Commissioner Spence -Jones: -- because of -- whatever situation is going on with Parrot Jungle.
The people of Overtown should not have to suffer because of it. It's wrong --
Vice Chairman Winton: Hundred percent wrong.
Commissioner Spence -Jones: -- so you know, there need -- we need to really, really look at how
we handle this situation because I'm telling you, 1'!! be the first one down to County Hall and
where else we need to be to make sure that the people of Overtown finally get what they deserve.
Mr. Arriola: Commissioner, it's funny you say that because the Commissioner that -- the two
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Commissioners that represents your district, too, at the County level voted for this, so you know,
that's something that we have to keep in mind, that 1 guess they forgot your -- the people in your
neighborhood when they voted for this.
Commissioner Spence -Jones: No.
Commissioner Sanchez: Mr. --
Commissioner Spence -Jones: I --
Chairman Gonzalez: All right.
Commissioner Spence -Jones: -- listen, I'm hoping everyone in here hears loud and clear and out
there hears loud and clear --
Mr. Arriola: I understand.
Commissioner Spence -Jones: -- so that they need to call their County Commissioners and say
that we will not stand for Overtown residents not getting what they deserve. All these years
they've been waiting, and now the County wants to hold a project that just got here on Parrot
Jungle that none of us are going to benefit from.
Mr. Arriola: Yes, ma'am.
Commissioner Spence -Jones: Please.
Mr. Arriola: I couldn't agree with you more.
Vice Chairman Winton: Bingo.
Chairman Gonzalez: All right. Commissioner Sanchez, you're recognized.
Commissioner Sanchez: Thank you, Mr. Chairman. I think all those arguments could be made
at the County, and 1 could tell you this much. We're not the first city and we won't be the last
municipality to have a disagreement with the County, but I do want to say this, and 1 think it's
important that we continue the diplomatic course and maintain our communications open with
the County to try to resolve these issues. There are issues that not only affect Overtown or
Wynwood; it affects all the residents of the City of Miami, so Mr. City Manager, I think my
advice to you -- and 1 could only give you advice or I could direct you -- is to continue the
diplomatic course. It's called the "art of compromising, " because the last thing that we need to
get into is finger -pointing. Because I do believe that we both are, the City and the County, at
fault on this issue, and at the end of the day, although government's involved, the people who
suffer are our people, the City residents.
Chairman Gonzalez: All right.
Mr. Arriola: Yeah. Commissioner, that -- very good -- I speak as -- and I've told you many
times. My first call in the morning is to George Burgess. You know, we have a relationship, but
we talk quite a bit every morning. The funny part about that you have to understand on this one
-- this is where I need your help -- is that at our level, we can work it out, but there's three or
four Commissioners on the other side that are playing big brother and are playing tough guys --
by the way, they do not represent a single citizen in the City of Miami. They're from outside the
City of Miami -- that are -- and you could just hear their little speeches at their meetings that
really want to punish the City of Miami constantly, and this has to be something that you guys
got to very much get involved, because at our level, we'll work it out. It's -- the impasse right
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Meeting Minutes May 25, 2006
now is at the level of County Commissioners.
Chairman Gonzalez: All right. We had a motion and we had a second. It's been a half an hour
discussion.
Vice Chairman Winton: Sorry.
Chairman Gonzalez: All in favor, say "aye."
The Commission (Collectively): Aye.
DISTRICT 3
COMMISSIONER JOE SANCHEZ
D3.1 06-00841 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION CREATING A CITY OF
MIAMI ("CITY") WORKING GROUP TO DEVELOP A CITY VETERANS'
ASSISTANCE PROGRAM WHOSE TASKS WILL INCLUDE BUT NOT BE
LIMITED TO THE DEVELOPMENT AND/OR ENHANCEMENT OF A CITY
VETERANS' HOUSING ASSISTANCE PROGRAM, AND A CITY VETERANS'
EMPLOYMENT ASSISTANCE PROGRAM; SAID WORKING GROUP WILL
REFERENCE RECOMMENDATIONS PRESENTED BY THE CHAIRMAN'S
TASK FORCE ON VETERANS' HOMEOWNERSHIP DURING THE
NOVEMBER 3, 2005, CITY COMMISSION MEETING; MEMBERSHIP OF SAID
WORKING GROUP WILL INCLUDE REPRESENTATIVES FROM A CROSS
SECTION OF CITY DEPARTMENTS ASSURING THAT CITY SERVICES ARE
STREAMLINED TO BEST MEET THE NEEDS OF THE VETERANS WITHIN
THE CITY, AND ARE AS FOLLOWS: HECTOR MIRABILE OF THE
DEPARTMENT OF EMPLOYEE RELATIONS, BARBARA
RODRIGUEZ-GOMEZ, ROBERT TAZOE AND WILLIAM PORRO OF THE
DEPARTMENT OF COMMUNITY DEVELOPMENT, AND PABLO CANTON OF
THE NEIGHBORHOOD ENHANCEMENT TEAM; DIRECTING SAID
WORKING GROUP TO REPORT A QUARTERLY VETERANS' ASSISTANCE
REPORT TO THE CITY COMMISSION BEGINNING JULY 13, 2006.
06-00841 Legislation.pdf
Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Winton
R-06-0323
Chairman Gonzalez: Commissioner Sanchez, you have an item.
Commissioner Sanchez: Yes, 1 do, Mr. Chairman. Thank you so much. I will be -- try to be as
brief as possible on this. This resolution, we have been working on it. As a matter of fact, we
discussed it in the last two Commission meetings. We just had to work out to create the proper
language to make sure that it does work, and it pertains to providing housing assistance to the
veterans that are coming back. As you know, we have 8,500 South Florida men and women that
are serving overseas, deployed in Iraq and Afghanistan, and they're serving out their different
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City Commission
Meeting Minutes May 25, 2006
operations. One of them is Operation Iraq Freedom and the other one is Operation Enduring
Freedom. As you know, they're coming back, and as they come back to a city, they come back to
a new city, a city which has housing costs that are, at times, out of the reach of many, and 1 can
honestly say that I've made it my number one priority for affordable housing not only to all those
who want to accomplish the American dream, but all those that have gone overseas to sacrifice
their lives for the sake of democracy. Whether we agree with the war or we don't agree with the
war, that's perfectly fine, but I could tell you this much. They're our men and women. They are
our brothers and sisters or nephews or uncles that are out there and coming back to the city.
This resolution that has been crafted would allow them the opportunity to come back, and
through assistance, just not assistance as to pertaining to housing, it also set forth a program to
be proactive in creating an initiative to provide affordable housing opportunities for veterans,
financial literacy, technical assistance programs to assist veterans in achieving the dream of
home ownership in our community. At this time, I'd like to introduce Eileen Marcial from the
Veteran's Administration, and while she walks up, I do want to take the opportunity to praise
certain individuals that have worked very hard with my office, my staff, myself, to create this
great legislation that is way overdue, and that is Major Hector Mirable, who is also a veteran of
the war, and he's also a City employee, so at this time, I'd like to introduce Ms. Marcia!, who will
speak on the item, and then I would like to introduce the motion and ask my colleagues to
support it unanimously. Thank you.
Eileen Marcia! Broton: Thank you, Commissioners, for inviting us back. We are really pleased
that you care so much about our combat veterans. 1 want you to know that this was our first
outreach effort. As a citizen of the City of Miami, I chose to come to our City first. 1 can assure
you that this is a landmark movement on your part. I can assure you that on behalf of Steve
Lucas, our medical center director, we will share this with our entire system and Washington,
and it's really critical that you know that we are probably the most diverse area throughout the
entire government system, and you send a message loud and clear that you care about your
neighbors, you care about this country, and in a diverse area such as this, it's an extraordinary
message, so 1 want to thank you.
Commissioner Sanchez: 1 want to thank you for allowing me to play a very small part in this
great victory for all of us. Thank you.
Ms. Broton: We're going to do wonderful things. We will also be hosting a community
breakfast, so when you give me a point of contact, we want to make sure -- also, I want you to
know that there are people in this audience who step forward last time and said that they and
their companies really want to be a part of it as well, so thank you all so much.
Commissioner Sanchez: Thank you so much, and 1 don't want to --
Priscilla A. Thompson (City Clerk): I'm --
Commissioner Sanchez: -- leave somebody else who worked very hard with us, David Marko --
Ms. Broton: Oh, David, yes.
Commissioner Sanchez: -- who helped us tremendously, so thank you so much, David.
Ms. Broton: Thank you.
Ms. Thompson: I'm sorry, Commissioner.
Commissioner Sanchez: At this time --
Ms. Thompson: Commissioner, may I please get the name on the record?
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Meeting Minutes May 25, 2006
Commissioner Sanchez: Oh, I apologize, Madam Clerk.
Ms. Broton.' Eileen Marcia! Broton.
Commissioner Sanchez: See, 1 confused her when 1 introduced her. All right. Mr. City
Attorney, could you read the resolution into the record? Do you have a copy of it?
Jorge L. Fernandez (City Attorney): Yes.
The Resolution was read by title into the public record by the City Attorney.
Commissioner Sanchez: So moved, Mr. Chairman.
Chairman Gonzalez: All right. There is a motion.
Commissioner Regalado: Second.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: There is a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
Commissioner Spence -Jones: I just want to make a real comment before Mr. Cutler does. 1
want to commend you, Commissioner Sanchez, for at least thinking about veterans because a lot
of times they go unnoticed --
Commissioner Sanchez: Absolutely.
Commissioner Spence -Jones: -- you know, and they go and they fight for this country and they
come back here and they're not --
Commissioner Sanchez: They're homeless in our streets.
Commissioner Spence -Jones: Right, so I just want to commend you for your leadership on that.
Commissioner Sanchez: Thank you so much.
Chairman Gonzalez: All right. Yes, sir.
Charles Cutler: Charles Cutler, 706 Northwest 4th Avenue, on behalf of the Veterans
Employment Transition Service and the veterans throughout the City of Miami, we just want to
say thank you. We really do appreciate it.
Chairman Gonzalez: Thank you, sir.
DISTRICT 4
COMMISSIONER TOMAS REGALADO
DISTRICT 5
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Meeting Minutes May 25, 2006
COMMISSIONER MICHELLE SPENCE-JONES
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PUBLIC HEARINGS
PH.1 06-00789 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Planning ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS), AFFIRMATIVE VOTE,
AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDINGS THAT IT IS MOST
ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"), TO WAIVE
COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION
18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
APPROVING THE SELECTION OF VILLAGE MARKETING BUREAU, INC.
("PROVIDER"), TO PROVIDE THE REQUIRED SERVICES RELATED TO THE
REMAINING THREE (3) QUADRANTS OF THE MIAMI 21 PROJECT, IN
SUPPORT OF THE MIAMI 21 INITIATIVE, AS STATED HEREIN, IN AN
AMOUNT NOT TO EXCEED $125,000; FUNDED BY CAPITAL
IMPROVEMENT PROJECT NO. 311047, B #30341; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY AND THE
PROVIDER, FOR SAID PURPOSE.
06-00789 Legislation.pdf
06-00789 Exhibit.pdf
06-00789 Exhibit 2.pdf
06-00789 Exhibit 3.pdf
06-00789 Exhibit 4.pdf
06-00789 Exhibit 5.pdf
06-00789 Exhibit 6.pdf
06-00789 Summary Form.pdf
06-00789 Memo.pdf
06-00789 Memo 2.pdf
06-00789 Notice of public hearing.pdf
Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0330
Chairman Gonzalez. All right. PH.1.
Carmen Sanchez (Assistant Director, Planning): Good morning, Commissioners. Carmen
Sanchez, Department of Planning. The item before you is a resolution to waive competitive bids;
approving the selection of Village Marketing to provide required services related to the
remaining three quadrants of the Miami 21 project.
Chairman Gonzalez: All right.
Commissioner Spence -Jones: OK.
Chairman Gonzalez: This is a public hearing. Anyone from the public that wants to address this
item, please come forward. Seeing none, hearing none, the public hearing is closed.
Vice Chairman Winton: So moved.
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Meeting Minutes May 25, 2006
Chairman Gonzalez Comes back to the Commission.
Commissioner Spence -Jones: 1 have a question on it.
Chairman Gonzalez: We have a motion.
Commissioner Sanchez: Second for the purpose of discussion.
Chairman Gonzalez: We have a second. Discussion.
Commissioner Spence -Jones: I just want to be very, very clear, very clear. This is the Village
Marketing Bureau, and I understand that we have to get Miami 21 moved. The first quad
(quadrant) really affects my district and Commissioner Winton's district, so that whatever
happens regarding getting information out to the public -- and I'm assuming that this group --
and 1 know Sylvia, she's a great group -- great marketing firm. I have no issues with the firm
that's doing it. I just want to be clear that when we're talking about marketing and getting the
residents out and involved in these workshops or these meetings that are taking place with Miami
21, we have to have a dierent approach to reach the Little Haiti community and the Overtown
community.
Vice Chairman Winton: Bingo.
Commissioner Spence -Jones: 1 know for a fact that my residents in Little Haiti and Overtown do
not know what's happening with Miami 21. 1 would like to actually -- I want to -- if there -- I
know I got a -- we got a second on it, but I'd like -- is there any way, Mr. Chairman, I can bring
this back and add something to this motion, please?
Chairman Gonzalez: Sure.
Commissioner Sanchez: It's under discussion.
Commissioner Spence -Jones: OK, so I would like to move this item, but 1 would like for the
Administration to make sure that Village Marketing Bureau actually partners with local
marketing firm in those particular areas, those particular communities, to make sure that Little
Haiti knows it's happening. There's a d4erent way to reach that group, and the same thing in
the Overtown area. I do not want us to pass something that's going to affect the residents of the
City for 50 years with this new Zoning Code and the folks in the community do not know about it
Ms. Sanchez: Absolutely.
Commissioner Spence -Jones: -- so I want to make sure that I have a commitment today that that
will happen.
Ms. Sanchez: Absolutely, and we'll get back to you as far as the outreach to those particular
communities and what we're doing to make sure that the word gets out.
Commissioner Spence -Jones: So I want to make sure we put on the record that Village
Marketing Bureau will at least partner with another local marketing firm or whoever it is to
make sure that they're targeting those particular communities.
Ms. Sanchez: Absolutely, Commissioner.
Commissioner Spence -Jones: OK.
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Commissioner Sanchez: Mr. Chairman.
Commissioner Regalado: Mr. Chairman.
Chairman Gonzalez: All right. Commissioner Sanchez.
Commissioner Sanchez: If I may just to take the opportunity that -- just to take the opportunity.
Sylvia Cejas has been in this city for quite a long time.
Commissioner Spence -Jones: Yes.
Commissioner Sanchez: She has been a champion promoting downtown, and of course, she has
the knowledge and the track record of a very good publicist, so I'm glad to see that, you know,
we have someone who has devoted her time -- so many time and effort has gone into pro bono
projects. I'm glad to see that, finally, you got one with the City, so 1 wish you the best.
Sylvia Cejas: Thank you.
Commissioner Regalado: Mr. Chairman.
Chairman Gonzalez: All right. Yes.
Commissioner Regalado: How will we --? Because Commissioner Spence -Jones brought
something and that is important --
Commissioner Spence -Jones: Yeah, it is very important.
Commissioner Regalado: -- and it's the outreach to the resident. We all know that people that
are really interested in Miami 21, they go to every meeting. I mean, throughout the City, they
go; same faces sometimes, but how do we tell the people that will be impacted in the next
quadrants what is -- where is going to be the meeting. 1 mean, we cannot expect everyone to see
a note on the business section of the Herald or Miami Today.
Commissioner Spence -Jones: Right.
Commissioner Regalado: We need to have some kind of -- and I --
Ms. Sanchez: Commissioners --
Commissioner Regalado: Now, I found out that it's Sylvia Cejas; she knows about marketing,
but what 1 have not been able to understand, how are we reaching the people to let them know?
Ms. Sanchez: Well, we use various sources. For this particular quadrant, we've used PSAs
(Public Service Announcements) on Channel 9. We have inserts in the Miami Today and
advertisement. We have press releases through community calendars. We have radio PSAs. We
have provided flyers. We have provided cards with the meeting dates. There's been banners.
We have business -- Miami 21 fact sheets to business owners on the boulevard. We have a
website; it links directly to the Miami 21 dot org, so we have an array of different avenues to
make sure that the community is advised of the upcoming meetings and what it means -- what
Miami 21 means and how it affects them. Just recently, on May 13, we had an open house, so to
speak, for Miami 21. It was held at the Coconut Grove Expo Center, where everyone was
invited, and we spoke about --
Commissioner Regalado: But how do you invite everyone?
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Meeting Minutes May 25, 2006
Ms. Sanchez: Well, through those sources that I just spoke to you about, so we --
Commissioner Regalado: OK, but she just said that --
Commissioner Spence -Jones: 1 don't want that -- that is not reaching the folks in Overtown and
Commissioner Regalado: That's what I'm saying.
Commissioner Spence -Jones: -- and Little Haiti. That's why 1 want to be very clear, because we
cannot talk -- we cannot say we're changing a Code for the next 50, 60 years and the folk -- once
it gets approved, then people from Overtown, people from Little Haiti are going to be like what
happened? Because the same people that keep coming to the same meetings -- and I'm not
taking anything away from them, and I understand that they're, you know, connected and they're
able to get the information, but it's the folks that have to work every single day, that do not -- you
know, have their little small businesses that are going to be affected by this that do not -- they're
not getting the information, so maybe the City Administration needs to look to find additional
resources to help promote it so that they can promote it the --
Ms. Sanchez: Commissioner, if --
Commissioner Spence -Jones: -- way that it needs to happen.
Ms. Sanchez: -- we have to go out and put flyers on every door to make sure that the residents
are advised of the upcoming meetings, we're prepared to do that --
Commissioner Spence -Jones: But --
Ms. Sanchez: -- and we've done it in the past in other marketing efforts throughout the City. We
want to make sure that we address each and every citizen. This is important to them. It's
important to the City as a whole, so if we're not reaching out -- and you're hearing that
(UNINTELLIGIBLE) from your constituents, then please let us know immediately; we will
address the issue immediately.
Commissioner Spence -Jones: I just want to make sure the same -- if -- and I don't want to --
we've already talked about this, so I just want to be very clear that if Sylvia -- if the company
Village Marketing Group is handling it, Sylvia, I don't have a issue with at all. I just want to
make sure she's partnering with somebody that knows how to reach out to the Haitian community
and knows how to reach out to Overtown. It's a different way to reach that -- those groups, and
it's not --
Ms. Sanchez: And we'll look --
Commissioner Spence -Jones: -- necessarily Channel 9.
Ms. Sanchez: -- for your leadership -- we'll look towards your leadership to let us know --
Commissioner Spence -Jones: No problem.
Ms. Sanchez: -- what that will be. Thank you.
Commissioner Regalado: Yeah, but that brings another question. Commissioner Spence -Jones
is saying that she needs to partner with a local outlet that understand Overtown, so what
happened when we do the other quadrants?
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Meeting Minutes May 25, 2006
Ms. Sanchez: The same will apply for the other quadrants, Commissioner.
Commissioner Regalado: You mean to partner with another --
Ms. Sanchez: If necessary to get the word out, I'm sure --
Commissioner Regalado: Maybe Sylvia --
Ms. Sanchez: -- that Ms. Cejas --
Commissioner Regalado: -- can explain, you know. I -- could you?
Sylvia Cejas: With the --
Commissioner Regalado: Because I mean, she knows the City --
Ms. Cejas: Sylvia --
Commissioner Regalado: -- around.
Ms. Cejas: -- Morales Cejas, Village Marketing Bureau, 28 West Flagler Street, and I respect
your comments. 1 can tell you that every effort will be made to look at each individual
community and do a grassroots effort that's appropriate for that community. You have my
assurance of that, and I'm perfectly fine with having that be part of the motion.
Commissioner Sanchez: Call the question.
Chairman Gonzalez: Al! right. We already had a public hearing. The public hearing was
closed. We had a motion and we had a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
[Later..]
Chairman Gonzalez: I think the gentleman that want to speak on PH.1 is back. Welcome.
You're recognized. I hope that you'll be short because we're almost done with the agenda.
Herschel Haynes: I shall be. My name is Herschel Haynes. I'm cochairman of Miami
Neighborhood United. I did not hear, Mr. Chairman, you open the floor for Miami
Neighborhood 21 [sic]. I just wanted to thank all of you that supported the Miami
Neighborhood 21 [sic] needs help and 1 appreciate that. I was at the meeting Overtown, and
there were some key questions that were -- was asked and they were deferred, and one of the key
questions that I want to share with you was -- had to do with Miami Neighborhood dealing with
the Code, Miami Neighborhood and the -- what's going to happen as a result of all of the
building, and is the sewer system that we have adequate, and Miami Neighborhood deferred that
question, and 1 think that's a huge problem because with all of the overbuilding that our citizens
are seeing, our former chair, Mr. Horacio, came here and he addressed that very thing in terms
of overbuilding as it relates to how America sees Miami doing a lot of overbuilding and how
they're going to make the adjustments to accommodate, so I really would appreciate this
Commission -- and that it affects the codes and they are changing codes. If you, our
Commission, duly elected officials, would like at that with a fine-tooth comb, because as 1 --
Commissioner from District 5 made reference to -- it will impact future citizens, and we don't
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City Commission
Meeting Minutes May 25, 2006
want our bays, you know, not right for -- as we sometime hear it now, you can't swim because
you know why --
Chairman Gonzalez: Well, let --
Mr. Haynes: -- so thank you.
Chairman Gonzalez: -- me -- I'm going to give you a short answer. I have done some building
myself -- not myself but the agency that I work for in Allapattah years ago. Before you -- when
you submit your plans to build a building, you need to have capacity of water and capacity of
sewer. If you don't have capacity of both infrastructure, they deny your permit, so that's -- you
know --
Mr. Haynes: Well -- and Commissioner, in that regard, 1 would simply -- I was just applauding
your soberness and your attentiveness to futuristically our citizens --
Chairman Gonzalez: Yeah.
Mr. Haynes: -- and also the taxpayers, but we (UNINTELLIGIBLE), and so then 1 would just
say that hopefully, you will have the people doing the presentation --
Chairman Gonzalez: All right.
Mr. Haynes: -- with twen -- Miami 21 to be so aware that they can answer the questions and not
defer the questions to the County, and she did defer that particular question to the County. She
said the County will take care of that, and we want the City of Miami to be able to address our
concerned citizens' regards in those regards. Thank you.
Chairman Gonzalez: All right. Thank you very much.
PH.2 06-00790 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MERCEDES
SUBDIVISION," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY
DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL
CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET
FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE
PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS
SHOWN ON THE PLAT; ACCEPTING THE COVENANT TO RUN WITH THE
LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC
WORKS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
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City Commission
Meeting Minutes May 25, 2006
06-00790 Legislation.pdf
06-00790 Exhibit.pdf
06-00790 Exhibit 2.pdf
06-00790 Exhibit 3.pdf
06-00790 Exhibit 4.pdf
06-00790 Exhibit 5.pdf
06-00790 Exhibit 6.pdf
06-00790 Summary Form.pdf
06-00790 Legal Description.pdf
06-00790 Public Hearing Memo.pdf
06-00790 Notice of Public Hearing.pdf
06-00790 Public Works Memo.pdf
06-00790 Public Work Notice.pdf
06-00790 Legal Description 2.pdf
Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones
Absent: 1 - Commissioner Regalado
R-06-0331
Chairman Gonzalez: All right. PH.3.
Priscilla A. Thompson (City Clerk): PH.2?
Vice Chairman Winton: PH.2.
Commissioner Sanchez: 2.
Chairman Gonzalez: I'm sorry, PH.2. PH.2.
Stephanie Grindell: Stephanie Grindell, director of Public Works. PH.2 is a resolution
accepting the proposed plat of Mercedes Subdivision, which is located along Louise Street and
Center Street north of West Trade Avenue.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
address the Commission on this item, please come forward. Seeing none, hearing none, the
public hearing is closed.
Vice Chairman Winton: Move it.
Commissioner Sanchez: Second.
Chairman Gonzalez: We have a motion and we have a second All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
PH.3 06-00870 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Public Facilities ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AFTER AN ADVERTISED PUBLIC HEARING, AUTHORIZING THE CITY
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City Commission
Meeting Minutes May 25, 2006
MANAGER TO EXECUTE A FIRST AMENDMENT TO LEASE AGREEMENT
("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
THE CITY OF MIAMI ("CITY") AND BEASLEY-REED ACQUISITION
PARTNERSHIP, A DELAWARE PARTNERSHIP, FOR THEIR LEASING OF
APPROXIMATELY TWO AND TWO -TENTHS (2.2) ACRES OF THE CITY'S
PROPERTY IN VIRGINIA KEY, MIAMI, FLORIDA, WITH SAID AMENDMENT
PROVIDING FOR: 1) AN EXTENSION FOR SIX ADDITIONAL YEARS
("EXTENSION TERM") COMMENCING ON SEPTEMBER 3, 2007 AND
EXPIRING SEPTEMBER 2, 2013; 2) MUTUAL TERMINATION RIGHTS UPON
180-DAYS PRIOR WRITTEN NOTICE COMMENCING IN THE SECOND
YEAR OF THE EXTENSION TERM; AND 3) AN INITIAL INCREASE IN RENT
TO $150,000 ANNUALLY, COMMENCING SEPTEMBER 3, 2007, PLUS
SALES AND USE TAX, IF APPLICABLE; FURTHER DIRECTING THE CITY
MANAGER TO PROVIDE THAT FIFTY PERCENT (50%) OF THE RENTAL
REVENUE BE PROVIDED TO THE VIRGINIA KEY PARK TRUST AND THAT
THE REMAINING FIFTY PERCENT (50%) BE RESERVED FOR
IMPROVEMENTS RELATED TO THE IMPLEMENTATION OF
RECOMMENDATIONS TO BE CONTAINED IN THE UPDATED VIRGINIA KEY
MASTER PLAN.
06-00870 Legislation.pdf
06-00870 Exhibit.pdf
06-00870 Exhibit 2.pdf
06-00870 Public Hearing Memo.pdf
06-00870 Notice of Public Hearing .pdf
06-00870 Summary Fact Sheet SUB.pdf
Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones
Absent: 1 - Commissioner Regalado
R-06-0332
Chairman Gonzalez: PH.3.
Laura Billberry: Good morning. Lori Billberry, Public Facilities. The item before you is a
resolution authorizing the City Manager to execute an amendment to the lease agreement with
Beasley -Reed Acquisition Partnership for their leasing of approximately 2.2 acres on Virginia
Key for a broadcast tower antenna. Pursuant to the City Charter, the Commission, by a
four -fifths vote, can authorize a one-time extension of a lease in exchange -- during the last five
years of the lease for the purpose of funding capital improvements. The extended term cannot
exceed 25 percent of the original term or ten years, whichever is less. The City and Beasley had
previously commenced negotiations of this extension back in 2004, and the City procured two
appraisals at that time, reflecting a market rent of 82 and 83,000, respectively. The negotiations
were postponed, however, due to the undertaking of the Virginia Key master plan. In lieu of
waiting for the master plan to be completed at this time, we have negotiated a six year extension,
which includes a provision that after September 3, 2008, either party may terminate the
agreement by providing 180-days notice. The amendment further provides for rent to increase to
150,000 per year, commencing September 3, 2007, and it will have a five percent annual
increase commencing September 3, 2009. I did distribute a substitute item earlier today, and
that substitute item was amended to reflect a phasing of the capital improvements due to the
potential cancellation of the agreement. Beasley will spend no less than 50,000 in phase I,
which must be completed by September 2, 2009. Some of the items that will be included in that
include a generator fuel cell resetting post, backfilling the tower base to protect the pier and
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Meeting Minutes May 25, 2006
ground system, and painting of the electrical building. They'll additionally be spending 50,000
by September 2, 2010 for additional improvements, including replacement of the antenna's main
generator.
Commissioner Sanchez: So moved.
Vice Chairman Winton: Second. Dis --
Chairman Gonzalez: All right. We have a motion --
Vice Chairman Winton: -- discussion.
Chairman Gonzalez: -- and we have a second. We're going to have a discussion. This is a
public hearing. Anyone from the public that wants to address the Commission on this item,
please come forward. Seeing none, hearing none, the public hearing is closed. Discussion.
Vice Chairman Winton, you're recognized, sir.
Vice Chairman Winton: First of all, 1 want to recognize staff. I think, in light of all that we have
going on in Virginia Key, I think they've done an outstanding job of working this extension so
that it can meet their needs, the City's needs, and fits within whatever the plan ultimately comes
for Virginia Key, and the only modification or request that I would make, if my colleagues would
go along with it, is that the revenue that's generated from this rental, that 50 percent of it go to
the Virginia Key Beach Trust for their ongoing operations, and 50 percent of it go into a reserve
account to pay for whatever it is we've got to pay for relative to either the master plan or the
actual -- not the master plan because that's already funded, sorry -- into the implementation of a
master plan for Virginia Key. That's my --
Commissioner Sanchez: So you want to keep 50 percent.
Vice Chairman Winton: 1 want 50 percent Virginia Key itself for implementation of the plan,
and 50 percent to Virginia Key Trust because they're always scraping for money also to continue
that effort.
Commissioner Sanchez: So you want to keep the hundred percent?
Vice Chairman Winton: Hundred percent, heck, yeah.
Joe Arriola (City Manager): Hey, yeah, yeah, keep the profit. Don't keep the --
Vice Chairman Winton: Profit? Shoot, in the City, we never have a profit.
Mr. Arriola: Keep the additional money.
Chairman Gonzalez: All right. We had a motion and we --
Vice Chairman Winton: OK, 90 percent.
Chairman Gonzalez: -- have a --
Jorge L. Fernandez (City Attorney): And I want to make --
Vice Chairman Winton: I'm willing to negotiate.
Mr. Fernandez: -- that the --
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Meeting Minutes May 25, 2006
Chairman Gonzalez: Ninety percent.
Mr. Fernandez: -- Mr. Chairman, that the City Clerk has the revised --
Ms. Billberry: Yes, she does.
Mr. Fernandez: OK, thank you. You have the revised version?
Ms. Thompson: Yes, I have the substitute.
Mr. Fernandez: OK. Substitute, right.
Chairman Gonzalez: I opened the public hearing and I closed the public hearing.
Commissioner Sanchez: The item is still under discussion, correct, Mr. Chairman?
Vice Chairman Winton: Right.
Mr. Fernandez: Right.
Ms. Thompson: Yes, we haven't voted yet.
Commissioner Sanchez: OK. Mr. Chairman, could I be recognized?
Chairman Gonzalez: Sure.
Vice Chairman Winton: No.
Commissioner Sanchez: Thank you.
Chairman Gonzalez: You're recognized.
Commissioner Sanchez: Johnny, for the sake of harmony. 1 had some concerns with it, but it
has been cleared through the background information on the capital improvements side as to
City Code. Of course, it requires capital improvements, and it just needed to be well defined,
and this amendment does that, so I'm OK with it now.
Ms. Billberry: Thank you.
Chairman Gonzalez: All right.
Vice Chairman Winton: Are you OK with my amendment?
Mr. Arriola: He just took your money.
Vice Chairman Winton: It's awfully quiet in here.
Commissioner Sanchez: He's always taking our money.
Chairman Gonzalez: All right. We have a motion and we have a second, and we had an
amendment, right?
Vice Chairman Winton: Right.
Chairman Gonzalez: So --
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10:30 A.M.
PH.4 06-00820
Department of
Community
Development
Vice Chairman Winton.: It's been awfully quiet on the amendment so far, though.
Chairman Gonzalez: -- does the seconder of the motion accepts the amendment?
Vice Chairman Winton: Ah, man.
Commissioner Sanchez: Yes.
Chairman Gonzalez. All right. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
Ms. Billberry: Thank you.
Chairman Gonzalez: All right. I understand there was a gentleman that want to speak on PH 1,
even though I opened the public hearing and closed the public hearing.
Unidentified Speaker: Let me get her.
Chairman Gonzalez: You know, people need to be paying attention, because if you're talking to
each other and then, you know --
Unidentified Speaker: He was paying attention, but he went so fast and there were three women
who didn't want --
Chairman Gonzalez: All right, OK. Well, try to get him to -- afford him the opportunity to
speak; otherwise, they will be saying in the Herald tomorrow that I'm a dictator; that I don't
allow people to speak.
Commissioner Sanchez: I think they've said that already.
Chairman Gonzalez: The Herald loves me. Oh, yeah. No, they have said worse than that. They
have said a lot worse than that.
Commissioner Sanchez: That's the price you pay for being Chair.
Chairman Gonzalez: Well, you know, Jorge Mas Canosa had a theme in reference to them, and
I learned that theme very, very well, so --
Mr. Arriola: So did 1.
Commissioner Sanchez: All right, where are we at?
Chairman Gonzalez: Hello? Where's the gentleman? This is for today. All right, I'm sorry.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY
DEVELOPMENT GRANT FUNDS, IN THE TOTAL AMOUNT OF $100,000,
FROM NEIGHBORS AND NEIGHBORS ASSOCIATION, INC.; ALLOCATING
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Meeting Minutes May 25, 2006
SAID FUNDS, TO THE BUSINESSES/BUSINESS OWNERS, AS SPECIFIED
IN "ATTACHMENT A," ATTACHED AND INCORPORATED, TO PROVIDE
ECONOMIC DEVELOPMENT ACTIVITIES UNDER THE
MICRO -ENTERPRISE ASSISTANCE GRANT PROGRAM; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN
SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID ENTITIES, FOR
SAID PURPOSES.
06-00820 Legislation.pdf
06-00820 Exhibit.pdf
06-00820 Exhibit 2.pdf
06-00820 Exhibit 3.pdf
06-00820 Exhibit 4.pdf
06-00820 Exhibit 5.pdf
06-00820 Exhibit 6.pdf
06-00820 Summary Form.pdf
06-00820 Public Notice.pdf
06-00820 Pre-Legislation.pdf
Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0325
Chairman Gonzalez: All right. Now we're going to go into public hearings. It's exactly 10:34 in
the morning. Good morning --
Barbara Gomez -Rodriguez (Director, Community Development): Good morning.
Chairman Gonzalez: -- Ms. Rodriguez.
Ms. Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. PH 4.
Vice Chairman Winton: PH (Public Hearing) what?
Ms. Gomez -Rodriguez: PH.4.
Vice Chairman Winton: Oh.
Chairman Gonzalez: What about --
Commissioner Spence -Jones: What -- PH. I?
Vice Chairman Winton: What happened to 1 and 2?
Commissioner Spence -Jones: Oh, we have a time certain?
Ms. Gomez -Rodriguez: This was time certain. That's why I thought you were calling me.
Chairman Gonzalez: Oh, I'm sorry. PH4. All right.
Ms. Gomez -Rodriguez.: Basically, we are requesting approval to transfer $100, 000 from
Neighbors and Neighbors that was originally funded on June 24, 2003 to individual business
through a Micro -Enterprise Program, and the businesses will be the following: Denise Ross
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Meeting Minutes May 25, 2006
Layton d/b/a (doing business as) Blessed Catering, $5, 000; Browdis Thomas d/b/a Browdis
Place, $5, 000; Allen Musgrove d/b/a Green Acres Lawn Service, $5, 000; Rahjell Morris Wright
d/b/a New Alliance Property Investor, $5, 000; Kevin Lamont Watkins d/b/a Nivek's Feet &
Heavy Lace Enterprise, $5, 000; One Touch Changes Everything, LLC, $5, 000; James Lincoln
Pasley d/b/a Pasley Home Improvement, $5, 000; L Z Pippens, Jr. d/b/a Pippens Landscaping,
$5, 000; Sweet Jesus Graphics, Incorporated, $5, 000; Darron Derrain Cromer d/b/a Cromer
Landscaping, $5, 000; Charlie Parking, Jr. d/b/a Just for Kids, $5, 000; Richard E. Proctor d/b/a
Proctor Care -- Car Care, $5, 000; Jackie L. Chester d/b/a JS Trucking, $5, 000; James P.
Washington 11 d/b/a, The One Day Man, Inc., $5, 000; Elijah Young d/b/a Eli Ribs & Take Out,
$5, 000; Renita Holmes d/b/a Holmes Business & Property Service, $5, 000; Henry Precott
Taylor d/b/a Presco H. & Taylor Lawn Service, $5, 000; Patrick Varence d/b/a Pat's Tree
Service, $5, 000; Theron Wells d/b/a Theron's Rib Shack, $5, 000; Henry Farmer d/b/a Express
Janitorial Service, $5, 000.
Carolyn Umobit: Good morning.
Chairman Gonzalez: All right. Good morning. Your name and address for the record, please,
and each speaker is going to have two minutes, so please try to be within your two minutes.
Madam City Clerk, will you please set the clock? Thank you. Yes, you're recognized.
Carolyn Umobit: My name is Carolyn Umobit, and 1 am CEO (Chief Executive Officer)/founder
of One Touch Changes Everything, LLC. I'm on the behalf of Neighbors and Neighbors and
we're here to say thank you for allowing this loan to be a grant, and we're ready to start our
companies. We're a small businesses.
Chairman Gonzalez: Very good. Thank you. Good morning, sir.
Ricky Robinson: Commissioners, I just want to say -- good morning. My name is Ricky
Robinson. I'm the president of Sweet Jesus Graphics. We just coming to say thank you for
transitioning this loan into a grant, and we thank you. We've been waiting for three years,
matter of fact, and we would just want to know when the monies is going to come through? It's
very necessary for us, you know, a small business that's trying to survive. It's a shot in our arm
to help boost businesses to help employ dierent individuals in our jobs and help expand our
businesses. We just want to say we truly appreciate you all coming forth and helping us, you
know, and we just want to say thank you for -- Neighbors and Neighbors for helping us as well.
We just want you all to know that we appreciate what you're trying to do for us as small
businesses to keep us surviving, and it's a hard thing dealing with economics today and the
problems that we're facing as small businesses. We just want to say thank you once again for
your help, and we hope that we'll see the money soon, like in 30 days, Amen, so y'all have a nice
day. Thank you once again.
Chairman Gonzalez: All right. Thank you, sir.
Leroy Jones: Leroy Jones, Neighbor and Neighbors Association, 180 Northwest 62nd Street.
Again, I want to echo, I'd like to thank the City of Miami. I'd like to thank Ms. Rodriguez's office
for really sitting down and us figuring out the best way to do this process. Like they said, we've
been going on this for three years, but I know it's a model, so 1 know the kinks and stuff have to
be worked out, but we looking it -- forward to moving forward with this so that we can get it
done, so that I could get it past me because I've been working on it so long and 1 want to get it
behind so 1 can pick up new projects. After this resolution, if it's passed by this Board, I would
like to meet with Ms. Rodriguez so that we can go ahead on and begin what we need to do so the
information can be submitted so we can be done with it. I'd like to thank you, Commissioner, for
working with us on this project. I haven't --1 didn't get the chance to thank this Board for
appointing me to the Code Enforcement Board. 1 really appreciate that. I really appreciate this
Board feeling comfortable with -- and believing in my ability to serve the City of Miami. I really
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Meeting Minutes May 25, 2006
want --1 really commend you all and let you all know that I'm going to do a great job serving on
the Code Enforcement Board in protecting the City, as well as the business owners and the
residents of the City of Miami, so I didn't get a chance to thank the Board for appointing me to
the Code Enforcement Board, but 1 do want to thank you, Commissioner, for feeling comfortable
with my ability to do so, and I thank each and every one of you that voted for me. Thank you so
very much.
Chairman Gonzalez: Thank you, Leroy.
Mr. Jones: It's an honor. It's an honor.
Chairman Gonzalez: Next speaker, please.
Commissioner Spence -Jones: That's it.
Mr. Jones: That's --
Chairman Gonzalez: That's it?
Mr. Jones: -- we didn't want to waste a bunch of --
Chairman Gonzalez: All right.
Mr. Jones: We didn't want to waste --
Chairman Gonzalez: Anyone else from the public? Seeing none, hearing none, the public
hearing is closed. Commissioner Spence -Jones.
Commissioner Spence -Jones: Thank you, Mr. Chairman. 1 do want to acknowledge Ms.
Barbara Rodriguez. Looking lovely today, Ms. Rodriguez.
Ms. Gomez -Rodriguez: Thank you, thank you.
Commissioner Sanchez: Yeah.
Commissioner Spence -Jones: I was like, who's this star that walked up to the podium, but I want
to thank you for your hard work. We worked very hard with NANA (Neighbors and Neighbors
Association) to really make sure that we're able to do this. For many of these businesses, it's
them starting over for the second time. Leroy, you know, anything that we can do from my
district's perspective to support your continued efforts, you know, just know that you can count
on us and our office to do that, and to the businesses. We know how hard it is to keep businesses
going and moving, and you've been waiting for three years to get this, so I'm just glad that today
it is actually happening, and we will work hard to make sure we don't take another three years
for them to get --
Ms. Gomez -Rodriguez: Whoa.
Commissioner Spence -Jones: -- a check, right, Ms. Rodriguez?
Ms. Gomez -Rodriguez: That's right.
Commissioner Spence -Jones: All right. Thank y'all.
Chairman Gonzalez: All right. We hear a motion?
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Meeting Minutes May 25, 2006
Commissioner Spence -Jones: So moved.
Commissioner Sanchez: Second.
Chairman Gonzalez: We have a motion and we have a second. Discussion.
Vice Chairman Winton: Mr. Chairman.
Chairman Gonzalez: Yes, Vice Chairman.
Vice Chairman Winton: I don't understand what we're doing because -- so the fact that this has
taken three years -- and 1 heard that they haven't gotten a check yet -- I don't understand.
Ms. Gomez -Rodriguez: It was a program -- that it was a pilot program that we were going to
start three years ago through the Commissioner's district, and it was going to be a very different
program than what it is today. Neighbors and Neighbors was going to be giving out loans to
certain businesses in the community to serve a target population, and that didn't work out neither
for Neighbors and Neighbors or the City because of the restrictions of the loan. When the
Commissioner Spence -Jones came into office and knew that this had been going on both ways,
we sat around and we said, this does not work. Through a micro -enterprise program, we were
able to accomplish, number one, a grant of $5, 000 to each business, which what had been the
promise from the beginning, and second of all, Neighbors and Neighbors said, "We'll give back
the money -- we haven't used it. We haven't done anything -- if you can give it direct to the
business, " which is the way we could do it --
Mr. Jones: OK.
Ms. Gomez -Rodriguez: -- so it was something that I think they learned, as --
Mr. Jones: Yeah.
Ms. Gomez -Rodriguez: -- well as we did, and we were able to accomplish the ultimate goal.
Mr. Jones: Yeah. It would have been --
Vice Chairman Winton.: And how do we measure success at the end of the day?
Ms. Gomez -Rodriguez: There --
Mr. Jones: Well, we will monitor it. NANA -- Neighbors and Neighbors is still going to monitor
and issue reports to the City of Miami.
Ms. Gomez -Rodriguez: There are some program requirements, and this is basically to help them
with certain aspects of their business; some is to buy capital, some is to buy equipment, so there
are certain things that we did, so that's why 1 think this is totally new. We've never done it
before.
Vice Chairman Winton: So each business -- they've analyzed each particular business and what
their specific needs are.
Ms. Gomez -Rodriguez: Correct.
Vice Chairman Winton: This isn't a --
Ms. Gomez -Rodriguez: no.
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Vice Chairman Winton:: -- one -shoe -fits -all?
Ms. Gomez -Rodriguez: No.
Commissioner Spence -Jones: No.
Ms. Gomez -Rodriguez: What Neighbors and Neighbors did was, there is an application per
businesses of exactly where is the money going and what is their accomplishment.
Vice Chairman Winton: And I think that -- and the reason I asked is because I think that's the --
you can give away money all day long, and there's a long history of government --
Ms. Gomez -Rodriguez: Right.
Vice Chairman Winton: -- giving away money. The question is whether or not you can provide
real assistance to a business that makes them --
Ms. Gomez -Rodriguez: Right.
Vice Chairman Winton: -- successful, which is what our mission is --
Ms. Gomez -Rodriguez: Right.
Vice Chairman Winton: -- and so that's the reason 1 asked if there were specific criteria that
we're going to -- that are going to allow us to measure performance as we --
Ms. Gomez -Rodriguez: Yes.
Vice Chairman Winton: -- move forward, because if it is successful and you can measure that
success, you know, then you've got a real model that you want to follow.
Ms. Gomez -Rodriguez: Right.
Mr. Jones: For the Commissioners to feel a little more comfortable, it was a open competitive
process, it was advertised to the newspaper, where everybody that fit that profile could apply;
they went through a selections committee that interviewed them and selected them. Not only
that, we even went a step forward and registered them to Miami -Dade Community College for
some entrepreneurship training, which they already started --
Ms. Gomez -Rodriguez: Right.
Mr. Jones: -- so not only we feel comfortable of the process -- we did credit checks, so we had
them even pay for a credit checks so that we can help clean up their credit and see where their
credit was, so we went through a lengthy process.
Ms. Gomez -Rodriguez: Right.
Mr. Jones: It wasn't just that they came in, they filled out a application, they was selected; that
was it. They took out time to sign up, register for Miami -Dade Community College --
Ms. Gomez -Rodriguez: Yep.
Mr. Jones: -- to take some entrepreneurship training, because I'm trying to encourage them how
important it is that small businesses be trained in how to operate their business.
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Ms. Gomez -Rodriguez: Right.
Mr. Jones: Most small businesses don't stay around long enough or don't move to the next level
because they just have a dream and a few dollars to open up a business and they stay stationary,
so we went as far as even register them to a college to get --
Ms. Gomez -Rodriguez: Right.
Mr. Jones: -- some certificates once they complete the process, and the paper trail, so I think we
did -- went way beyond the call of duty because 1 see the uniqueness of this program and
because I want it to last, and 1 want you all to possibly consider it again and maybe even
welcome it in your district, because like them, it's some people that fit they profile live in your
district, so --
Commissioner Spence -Jones: And, Leroy, these are people that are hav -- basically, having a
second chance --
Mr. Jones: Right.
Commissioner Spence -Jones: -- correct?
Mr. Jones: Second chance. They --
Commissioner Spence -Jones: So --
Mr. Jones: -- basically are convicted felons that made some mistakes in their life, and --
Commissioner Spence -Jones: And they deserve to have --
Mr. Jones: -- but got some --
Commissioner Spence -Jones: -- to have a second chance.
Mr. Jones: -- business -- entrepreneurship training, but they deserve to have a second chance,
like myself you know. I'm very successful now. I run a $1.95 million program through
Miami -Dade County.
Commissioner Spence -Jones: And you run it well.
Mr. Jones: The only program of its kind in the country, the Mom and Pop Grant Program,
which every district in Dade County and the City of Miami benefit from, the only one in -- of its
kind in the country. One thousand, five hundred and forty-seven d?erent businesses have
benefited from this program, have a great track record. Matter of fact, they going to -- they
doing a Mom and Pop TV (television) show. It's going to start airing on the County real soon, so
watch it next month, OK.
Commissioner Sanchez: A reality show?
Mr. Jones: No. A Mop and Pop Grant TV show.
Commissioner Spence -Jones: Thank you, Leroy.
Mr. Jones: Watch it, OK.
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PH.5 06-00874
Department of
Community
Development
Commissioner Spence -Jones: Thank you.
Mr. Jones: All right. Thank you.
Chairman Gonzalez: All right. All right. We had a motion and we had a second. All in favor,
say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
Mr. Jones: Thank y'all.
Chairman Gonzalez.: Thank you very much.
Mr. Jones: Thank you.
Commissioner Sanchez: And I certainly wish each and every one of you success. 1 know it's not
easy starting a business, and you know, success --
Commissioner Spence -Jones: Or keeping it going.
Commissioner Sanchez: -- and may God be on your side.
Mr. Jones: We're going to keep y'all informed, Commissioner. We're going to also make sure
we give the reports to Barbara and make sure you all get some reports so you'll know where they
at, OK. Thank you.
Chairman Gonzalez: Very good.
Commissioner Spence -Jones: Thank you.
Chairman Gonzalez: Thank you.
Unidentified Speaker: Thank you.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE 31ST YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FUND POLICIES, AS
SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR
SINGLE FAMILY REPLACEMENT HOMES.
06-00874 Legislation.pdf
06-00874.Exhibit.PDF
06-00874 Summary Form.pdf
06-00874 Text File Report.pdf
06-00874 Housing Program Summary.pdf
Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0326
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Barbara Gomez -Rodriguez (Director, Community Development): PH.5, we are requesting a
policy change for a replacement home. Basically, these are homes that are considered unsafe,
and we demolish their house and we rebuilt them a new home, and what we're requesting at this
time is, number one, that the maximum amount of dollars be increased from $120, 000 to
$150, 000. With the $150, 000, there's three things we do: We demolish the house, we pay for
relocation, and we pay for the construction of the new house. The other thing that we're saying
also is that it's a deferred forgivable loan at interest of zero to three percent based on the income
for a 30 year term. They have the right to sell the property, but we have the right to share in the
gain. Zero to three years, we will have a hundred percent of the City's pro rata share of the gain
will be -- we will receive. Three to thirty years, we will, each year, five percent up and down.
We will share on the gain generated and the borrowers will receive the difference, and that's
basically the two changes that we have.
Vice Chairman Winton: So you're saying, at the end of 30 years that it's a complete grant?
Ms. Gomez -Rodriguez: Yes.
Commissioner Sanchez: So this is just a policy change.
Ms. Gomez -Rodriguez: It's a policy change.
Chairman Gonzalez: All right.
Vice Chairman Winton: Motion with comment.
Commissioner Sanchez: Second for the purpose of --
Chairman Gonzalez: All right. We have --
Commissioner Sanchez: -- discussion for your comment.
Chairman Gonzalez: -- a motion and a second. Discussion. Vice Chairman Winton, you're
recognized.
Vice Chairman Winton.: I'm not comfortable with the conversion to a total grant, and 1 will tell
you why. The issue of affordable housing is an issue that this country's going to deal with for
decades and decades and decades. We don't have more land. Cities are getting more crowded,
and particularly -- and forget about America. Let's just focus here in our own neighborhood.
We don't have anymore land. People are still coming down here, so unless hurricanes finally
discourage people from moving to Miami, which I don't think is going to happen, we're going to
continue to have population increase, which puts pressure on housing costs, because unlike
cities like Houston or Dallas or Atlanta where you can go -- you know, I start at 20 miles out,
then I go 30 miles out, then Igo 40 miles out, then Igo 50 miles out and there's never an end, we
don't have that option here, and so the ability to provide affordable housing is going to be a
long-term battle, and my view -- and I've said this before -- is that any funding we provide for
affordable housing needs to be --1 don't care if it's zero interest. That doesn't bother me at all.
Chairman Gonzalez: Right.
Vice Chairman Winton: 1 like that idea. That's a real huge benefit, but at the end of the day
when the owners refinance or sell, we want a mechanism to get as much of that money back into
a pool, and think about this. If we start today -- and that's not going to help us today. It's not
going to help us during our legacy here, but 20 years from now --
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Chairman Gonzalez: We'll have --
Vice Chairman Winton: -- if all the money that we spend over the next 20 years comes back in,
you could end up with a pool for affordable housing 20 and 30 years from now that could
conceivably be literally hundreds of millions of dollars for our residents. It's a huge thing, but if
you make it grants from this point on, then every single year forever, you're back to clawing and
scrapping and trying to figure out where you get enough money to make a dierence.
Commissioner Spence -Jones: OK. I just want to -- because when you -- when 1 got briefed on
this --
Ms. Gomez -Rodriguez: Right. Commissioner --
Commissioner Spence -Jones: -- whole replacement in housing --
Ms. Gomez -Rodriguez: -- one of the things is that if they sell, we get our money back, plus the
gain, so they have to live the property 30 years. Thirty years from now, it's a grant. This --
Vice Chairman Winton: Well, that's my point. Still my point.
Ms. Gomez -Rodriguez: -- but if they do anything in between, we will get our money back,
number one. Number two, this is a program that we're using for the elderly.
Commissioner Spence -Jones: Yeah, the seniors.
Ms. Gomez -Rodriguez: This is -- the problem that we have is that there is a lot of elderlies that
live in our City that have really bad shape houses.
Vice Chairman Winton: I'm not arguing that point.
Ms. Gomez -Rodriguez: Right, so --
Vice Chairman Winton: I'm arguing the point, 30 years from now, those elderly -- if they're
elderly --
Commissioner Sanchez: Aren't going to be around.
Vice Chairman Winton: -- now, they're likely not going to be here.
Commissioner Spence -Jones: Yeah, but there'll be new elderly.
Vice Chairman Winton: No -- yes, and that's exactly my point, and we have no money for the
new elderly because we gave it as a grant to that one family.
Commissioner Spence -Jones: Um -hum.
Vice Chairman Winton: I'm saying, get our money back at the end of the day whenever the end
of the day comes, and then you have another $100, 000 --
Ms. Gomez -Rodriguez: Yeah.
Vice Chairman Winton: -- that goes into the pool for the next elderly --
Ms. Gomez -Rodriguez: Yeah.
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Vice Chairman Winton: -- and if you give it as a grant to that one family, it's gone forever.
Commissioner Spence -Jones: But -- now, let me just be clear. If they sell -- I was told, if they
sell -- let's say --
Ms. Gomez -Rodriguez: We get our money back.
Commissioner Spence -Jones: -- you get your -- we get our money back.
Vice Chairman Winton: No, but at the end of 30 years --
Commissioner Sanchez: They don't -- you don't --
Vice Chairman Winton: She just said it. If they hold it for 30 years in the family -- because that
elderly person going to be elderly --
Commissioner Spence -Jones: Right.
Vice Chairman Winton: -- they're going to hold it in the family for 30 years, and at the end of 30
years, it becomes a grant to the family, whoever is the heir to that --
Ms. Gomez -Rodriguez: Well --
Commissioner Spence -Jones: Well, let --
Chairman Gonzalez: And maybe the heir is rich.
Commissioner Spence -Jones: OK. I don't know. I'm sure that --
Vice Chairman Winton.: Yeah, could be young.
Commissioner Spence -Jones: -- probably some of the Commissioners --
Vice Chairman Winton: Yeah, yeah, they could be rich by then.
Commissioner Spence -Jones: -- can probably agree with me, but in my particular district, like
Little Haiti and Overtown and Liberty City, I mean, me just touring those neighborhoods and
seeing many of the elderly folks 70 and 80 years old, just -- I mean, just -- the houses that they
have to live in -- or they're having to live in after hurricanes that hit them --
Vice Chairman Winton: That's not my argument. I'm --
Commissioner Spence -Jones: OK.
Vice Chairman Winton: -- in complete agreement with that particular point about the need for
elderly housing today. I'm simply talking about our ability to --
Ms. Gomez -Rodriguez: Thirty years.
Vice Chairman Winton: -- provide elderly housing assistance 25 years from now and 20 years
from now and 10 years from now --
Commissioner Sanchez: Right.
Vice Chairman Winton: -- because the program's designed --
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Ms. Gomez -Rodriguez: Right.
Vice Chairman Winton: -- so that -- and like I said, 1 don't care if she said zero to three percent
interest.
Ms. Gomez -Rodriguez: Yeah, that's --
Vice Chairman Winton: Make it interest free. That's even better because then they don't have
any debt service to make, but once --
Commissioner Spence -Jones: Well, the City's going to totally change in 30 years.
Ms. Gomez -Rodriguez: The --
Vice Chairman Winton.: Yeah, a lot can change in 30 years.
Ms. Gomez -Rodriguez: Right.
Vice Chairman Winton: Get our money back, and we have an opportunity to respend [sic] it
again.
Ms. Gomez -Rodriguez: Yeah. The issue that 1 know that the Commissioner has been having is
that they cannot pay anything. They don't have the resources.
Vice Chairman Winton: That's my -- I'm agreeing. I'm agreeing.
Ms. Gomez -Rodriguez: Right.
Vice Chairman Winton: That's why I'm saying --
Ms. Gomez -Rodriguez: What they're say --
Vice Chairman Winton: -- forget about the three percent interest.
Ms. Gomez -Rodriguez: -- well, we can do a loan at the 30 year, then you're going to have to
recapture everything because while they're alive, they don't have no income.
Commissioner Spence -Jones: Yeah.
Vice Chairman Winton: They don't have any income.
Ms. Gomez -Rodriguez: Between the taxes and the insurance --
Commissioner Spence -Jones: The seniors are struggling --
Ms. Gomez -Rodriguez: -- they just cannot pay.
Commissioner Spence -Jones: -- to survive.
Vice Chairman Winton: I'm not arguing that point. 1 mean, Barbara, why are you making this
argument? I'm not arguing that point.
Ms. Gomez -Rodriguez: No.
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Vice Chairman Winton: Am 1 saying that we need to charge them money while they're alive?
Have 1 said that?
Ms. Gomez -Rodriguez: No. What I'm saying --
Vice Chairman Winton: I haven't.
Ms. Gomez -Rodriguez: -- we can do a loan at 30 years.
Vice Chairman Winton: What?
Ms. Gomez -Rodriguez: We can have a loan at 30 years.
Vice Chairman Winton: It should be an interest free loan that gets recaptured when the house is
sold and there needs to be a formula for refinancing so that they can't refinance it up so high
that --
Ms. Gomez -Rodriguez: No, they cannot.
Vice Chairman Winton: -- if you take it over, that you can't get anything out.
Ms. Gomez -Rodriguez: Yeah. We don't let them refinance.
Vice Chairman Winton: OK, so then it should be a loan for 30 years interest free --
Ms. Gomez -Rodriguez: Right.
Vice Chairman Winton: -- so they don't ever have to pay a dime, and at the end of 30 years,
when they sell it -- and it's going to be their heirs that sell it; it's not going to be them. When
their heirs sell it --
Ms. Gomez -Rodriguez: OK.
Vice Chairman Winton: -- the City gets its $100,000 back; it goes into affordable housing pool,
and if we've done that with every single deal with do for the next 30 years, you'll have hundreds
of millions of dollars in a City pool, which will be unprecedented in America. That's my point.
Commissioner Sanchez: That I agree with.
Ms. Gomez -Rodriguez: So, basically we will do --
Commissioner Sanchez: That I agree with.
Ms. Gomez -Rodriguez: OK. Instead of a deferred forgivable loan, say that it will be a loan at
interest rate of zero to three percent, based on their income, and we will -- on a term of a 30
year.
Commissioner Sanchez: Interest free.
Chairman Gonzalez: Yeah.
Vice Chairman Winton: Well, I don't --
Ms. Gomez -Rodriguez: Interest free regardless of income.
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Chairman Gonzalez: You're right. You're a hundred percent right.
Ms. Gomez -Rodriguez: OK.
Vice Chairman Winton: I'm not bothered by the -- because if they're low enough income to
qualms, then why charge them interest?
Chairman Gonzalez: Exactly.
Ms. Gomez -Rodriguez: OK.
Chairman Gonzalez: Exactly.
Commissioner Sanchez: All right, so is that --?
Chairman Gonzalez: All right.
Commissioner Sanchez: So -- wait, and so --
Chairman Gonzalez: We had a motion.
Commissioner Sanchez: -- your resolution has been amended.
Ms. Gomez -Rodriguez: It's been amended to be a loan at an interest of zero percent for a term
of 30 years.
Commissioner Sanchez: Right.
Chairman Gonzalez: It's zero to three, right? It's depending on income.
Commissioner Sanchez: So we would have to come back and create legislation for that fund that
he wants to put together?
Ms. Gomez -Rodriguez: No. It goes automatically. I -- the regulation says that you have to put
it back to affordable housing --
Commissioner Sanchez: OK.
Ms. Gomez -Rodriguez: -- so that is there.
Commissioner Sanchez: All right.
Chairman Gonzalez: But 1 thought 1 understood that you said that it was going to be zero to
three percent, depending on income.
Ms. Gomez -Rodriguez: What the Commissioner amended it was to be zero percent --
Chairman Gonzalez: OK.
Ms. Gomez -Rodriguez: -- loan for a 30-year term.
Chairman Gonzalez: Because one thing that we're not taking into consideration here is that
there's going to be an automatic price increase on the property as time goes by.
Vice Chairman Winton: Automatic what?
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Chairman Gonzalez: The value of the property --
Vice Chairman Winton: Yeah.
Chairman Gonzalez: -- is going to increase --
Commissioner Spence -Jones: Which means the taxes --
Chairman Gonzalez: -- as time goes by, so --
Commissioner Spence -Jones: -- and all of that.
Ms. Gomez -Rodriguez: Are you going to --
Chairman Gonzalez: Pardon me?
Ms. Gomez -Rodriguez: Is the change -- will the change include anything on the gain or do you
want to keep the gain?
Commissioner Spence -Jones: They're not going to be able to afford that.
Vice Chairman Winton: What gain?
Chairman Gonzalez: No. If we --
Vice Chairman Winton: No. They get the gain.
Chairman Gonzalez.: We collect the money -- no. They can keep the gain, right?
Vice Chairman Winton: Yeah. They -- the family gets the gain. We just get our principle back.
Chairman Gonzalez: Yeah, we just get our money back.
Ms. Gomez -Rodriguez: OK, so you -- because what we have here is that we share the gain.
Vice Chairman Winton: I don't --
Ms. Gomez -Rodriguez: No.
Vice Chairman Winton: No.
Ms. Gomez -Rodriguez: OK.
Vice Chairman Winton: Let the fam -- get our money back. If we get our principle back, we can
build a huge --
Chairman Gonzalez: Exactly.
Ms. Gomez -Rodriguez: OK.
Vice Chairman Winton: -- pool --
Chairman Gonzalez: We can (UNINTELLIGIBLE).
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PH.6 06-00655
Department of
Community
Development
Vice Chairman Winton: -- over 30 years --
Ms. Gomez -Rodriguez: Zero percent, 30 year.
Vice Chairman Winton: -- and let the family have the gain.
Chairman Gonzalez: Right.
Ms. Gomez -Rodriguez: We got it, so that's --
Vice Chairman Winton: I mean, that could --
Chairman Gonzalez: All right.
Vice Chairman Winton: -- move families into middle -income America relatively quickly. Let
them keep the gain. We just get our principle back. That's all we want.
Commissioner Sanchez: I would --
Ms. Gomez -Rodriguez: OK.
Commissioner Sanchez: -- second the amendment.
Ms. Gomez -Rodriguez: OK.
Chairman Gonzalez: All right. We have a motion and we have a second, as amended. All in
favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE CITY OF MIAMI DEPARTMENT OF
COMMUNITY DEVELOPMENT'S 31ST YEAR HOUSING PROGRAM
POLICIES FOR HOMEOWNERSHIP ACTIVITIES, AS ATTACHED AND
INCORPORATED.
06-00655 Legislation.pdf
06-00655 Exhibit 1.PDF
06-00655 Exhibit 2.pdf
06-00655 Summary Form.pdf
Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0327
Chairman Gonzalez: PH.6.
Barbara Gomez -Rodriguez (Director, Community Development): OK.
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Chairman Gonzalez: No. I'm sorry, PH.7, right?
Commissioner Sanchez: No, 6.
Ms. Gomez -Rodriguez: 6.
Chairman Gonzalez: 6, 6.
Ms. Gomez -Rodriguez: OK. We're also requesting a change. This is a policy change, so we will
see what Commissioner Winton -- this one we're changing our subsidy from $30, 000 to $40, 000
on our down payment assistant. This was a forgivable loan, so this is basically what you had
before, but here we do have, as our policy right now, that we do share the gain.
Vice Chairman Winton: Well, I just want to be consistent, and I've said this --
Ms. Gomez -Rodriguez: OK.
Vice Chairman Winton: -- all along. This isn't something new I've said. I've been saying this
for several years now, that I don't -- and sharing in the gain, I've never heard before, so this is a
bit of a surprise for me. 1 never anticipated us sharing in the gain, but I've always espoused the
point that we ought to recover all, all, all --
Ms. Gomez -Rodriguez: OK.
Vice Chairman Winton: -- money that we put out. I'm not afraid of zero interest. 1 think that
helps the family so they don't have any ongoing checks they have to write. They got enough
struggle already, but at the end of the day -- and we know, in a market like this, the values are
going to be higher over 20 or 30 years, and so let them keep all the gain, but we get our
principle back and it goes into the fund.
Ms. Gomez -Rodriguez: This will be exactly the only amendment that we would have to do, will
be on the gain.
Vice Chairman Winton.: That's -- that would be --
Ms. Gomez -Rodriguez: That would be --
Vice Chairman Winton: 1--
Ms. Gomez -Rodriguez: -- the amendment.
Vice Chairman Winton: -- would move the motion with the modification.
Commissioner Sanchez: Second.
Chairman Gonzalez: All right.
Commissioner Sanchez: Dis -- well, after the public, I'd like to discuss the item.
Vice Chairman Winton.: Oh, I'm sorry. Right.
Commissioner Sanchez: Public hearing. Public hearing.
Chairman Gonzalez: OK. What was your amendment again? How is this going to be?
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Ms. Gomez -Rodriguez: The amendment will be -- there is a -- if you look at your attachment,
attachment says that it's a forgivable loan, which is exactly what you approved on the
replacement home --
Chairman Gonzalez: The $40, 000.
Ms. Gomez -Rodriguez: We increased --
Vice Chairman Winton: It goes to 40.
Ms. Gomez -Rodriguez: -- 30 to $40, 000 --
Chairman Gonzalez: Forty, right.
Ms. Gomez -Rodriguez: -- for down payment assistant.
Chairman Gonzalez: That will be forgivable.
Ms. Gomez -Rodriguez: It is -- yes. The way it is here, it says forgivable loan after the 30 year
affordability.
Vice Chairman Winton: And I'm saying make it returnable just like the other.
Ms. Gomez -Rodriguez: Right.
Chairman Gonzalez: Just like the other, yeah.
Vice Chairman Winton.: Right. Zero interest is fine with me.
Chairman Gonzalez: So they sell the house and make some profit, they give us back our --
Ms. Gomez -Rodriguez: Right.
Chairman Gonzalez: -- our 40,000.
Vice Chairman Winton: Bingo. That's my --
Chairman Gonzalez: All right. We have a motion and we have a second. It's a public hearing.
Anyone from the public that wants to address the Commission, please come forward --
Commissioner Sanchez: Discussion.
Chairman Gonzalez: -- on this item, affordable housing for the poor people of the City of
Miami.
Nina West: Hello. This is Nina West, 3690 Avocado Avenue, Coconut Grove, Florida. I just
have a question. When we have these items on the agenda, it says "with attachments," but there
is no way to know what the items are about if we can't get the attachments from the Internet or
anywhere, so we would just like to know -- it's the same thing as with the Stephanie Grindell
thing with the "where is the plat?" Again, we don't know where the plat is. We'd like to know
what the resolution is about before the Commission meeting, not to hear it for the first time when
we stand up here, so --
Vice Chairman Winton: Yeah, can we figure out how to do that?
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Commissioner Sanchez: Well, don't you get a copy of the agenda through the City Clerk's
Office?
Ms. West: We get a copy of the agenda and it says "with attachments," but we have --
Chairman Gonzalez: They want the backup.
Ms. West: -- no way to get the attachments because the attachments --
Vice Chairman Winton: There's no attachments.
Ms. West: -- are not --
Chairman Gonzalez: OK.
Ms. West: -- attached.
Chairman Gonzalez: They want the backup documents, probably, right?
Ms. Gomez -Rodriguez: The City Clerk.
Vice Chairman Winton: Yes. I'm sorry. I'm not the chairperson.
Priscilla A. Thompson (City Clerk): Commissioners, the attachments are on-line through
Legistar. They can go right into --
Commissioner Sanchez: Yes.
Ms. Thompson: -- the Legistar hub and --
Vice Chairman Winton: Oh, great.
Ms. Thompson: -- pull down all the attachments, along with the agenda.
Vice Chairman Winton: So tell her how --
Ms. Thompson: They're posted by Friday.
Vice Chairman Winton: Hey, Nina, could you meet with her, just understand -- let her --
Ms. Thompson: It's very easy.
Vice Chairman Winton: -- tell you exactly how to do that?
Ms. Thompson: We --
Vice Chairman Winton: OK.
Commissioner Sanchez: All right.
Chairman Gonzalez: All right. Anyone else from the public? All right. Seeing none, hearing
none, the public hearing is closed. All in favor -- you have discussion?
Commissioner Sanchez: Well, you know what; I'll meet with you in person on this.
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PH.7 06-00873
Department of
Community
Development
Ms. Gomez -Rodriguez: OK.
Commissioner Sanchez: OK. This is just an amendment. I just -- I was -- had some words about
how much money's going into the program; it was closed in October; it's opening up now, and I
just wanted to ask you if you thought the numbers were realistic, but we'll get into that later on
because of the affordable housing initiatives, so no discussion --
Chairman Gonzalez: OK.
Commissioner Sanchez: -- for the sake of time.
Chairman Gonzalez.: All right. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE REVISED CITY OF MIAMI ("CITY")
LOCAL HOUSING ASSISTANCE PLANS ("LHAP"), ATTACHED AND
INCORPORATED, FOR THE PERIOD OF JULY 1, 2004 THROUGH JUNE 30,
2007, FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE
FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP")
PROGRAM; AUTHORIZING CHANGING THE REPLACEMENT HOME,
HOMEBUYER AND HOMEOWNERSHIP DEVELOPMENT PROGRAM
POLICIES, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE
MODIFIED LHAP FOR REVIEW AND APPROVAL BY THE FLORIDA
HOUSING FINANCE CORPORATION; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S), TO
IMPLEMENT THE TERMS AND CONDITIONS OF THE SHIP PROGRAM AND
THE LHAP.
06-00873 Legislation.pdf
06-00873 Exhibit.pdf
06-00873 Exhibit 2.pdf
06-00873 Exhibit 3.pdf
06-00873 Summary Form.pdf
06-00873 Text File Report.pdf
06-00873 Text File Report 2.pdf
Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0328
Chairman Gonzalez: PH.7.
Barbara Gomez -Rodriguez (Director, Community Development): PH. 7 is getting approval of
those two resolution that you have just approved and incorporated in our local housing assistant
plan that gets approved by the State, and I would have to make the adjustment that you made on
PH.6--
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PH.8 06-00819
Department of
Community
Development
Chairman Gonzalez: All right.
Ms. Gomez -Rodriguez: -- and PH.5.
Chairman Gonzalez: That's a no-brainer. This is a public hearing. Anyone from the public that
wants to address the Commission on this item, please come forward. All right. Seeing none,
hearing none, the public hearing is closed; comes back to the Commission. Do I hear a motion
on this item?
Commissioner Sanchez: So moved.
Vice Chairman Winton: So moved.
Commissioner Regalado: Second.
Chairman Gonzalez: We have a motion and we have a second. Discussion. No discussion. All
in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING RESOLUTION NO. 05-0357, ADOPTED MAY
26, 2005, BY AMENDING THE ATTACHMENT HERETO, TO REFLECT THAT
THE PARCEL OF LAND CONVEYED TO MIAMI DREAM HOME INVESTMENT
GROUP, INC., LOCATED AT 1525 NORTHWEST 60 STREET, MIAMI,
FLORIDA, WILL BE DEVELOPED AS A NEW CONSTRUCTION
MULTI -FAMILY RENTAL PROJECT CONSISTING OF SEVEN (7), UNITS
FOR LOW INCOME PERSONS, AS SPECIFIED IN "ATTACHMENT A,"
ATTACHED AND INCORPORATED; FURTHER CLARIFYING THAT SAID
PROPERTY WILL BE CONVEYED TO THE CITY OF MIAMI UPON
ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR SAID PROJECT;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENT(S), FOR SAID PURPOSE.
06-00819 Legislation.pdf
06-00819 Exhibit.pdf
06-00819 Summary Form.pdf
06-00819 Text File Report.pdf
06-00819 Pre-Attachment.pdf
06-00819 Pre -Attachment 2.pdf
06-00819 Pre -Attachment 3.pdf
Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0329
Barbara Gomez -Rodriguez (Director, Community Development): PH (Public Hearing) --
Chairman Gonzalez: PH.8.
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PH.9 06-00824
Department of
Community
Development
Ms. Gomez -Rodriguez: -- 8, we are requesting approval. On May 25, 2005, we transfer a
partial [sic] of land to Miami Dream Home for single-family homes. After meeting with the
developer, we have decided that we will -- we're doing a multifamily rental project consisting of
seven units for seniors, and now we are requesting that you give us permission to amend the
conveyance.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
address the Commission in reference to this item, please come forward. Seeing none, hearing
none, the public hearing is closed. It comes back to the Commission. Do I hear a motion?
Commissioner Spence -Jones: So moved.
Commissioner Sanchez: So moved.
Vice Chairman Winton: So moved.
Commissioner Regalado: Second.
Vice Chairman Winton: Second. Third.
Chairman Gonzalez: We have a motion and --
Vice Chairman Winton: Fourth.
Chairman Gonzalez: -- we have a second. Discussion. No discussion. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH
PARCEL REVERTER PROVISIONS, TWO (2) CITY OF MIAMI OWNED
PARCELS OF LAND LOCATED AT 6005 NORTHWEST 15 AVENUE, MIAMI,
FLORIDA AND 1687 NORTHWEST 58 TERRACE, MIAMI, FLORIDA, AS
LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED,
TO MIAMI DREAM HOME INVESTMENT GROUP, INC., FOR THE
DEVELOPMENT OF AFFORDABLE HOUSING FOR ELIGIBLE LOW AND
MODERATE INCOME FAMILIES; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), FOR SAID
PURPOSE.
06-00824 Legislation.pdf
06-00824 Exhibit.pdf
06-00824 Summary Form.pdf
WITHDRAWN
Barbara Gomez -Rodriguez (Director, Community Development): And --
Chairman Gonzalez: PH.9.
Ms. Gomez -Rodriguez: -- PH.9, we are going to pull it.
Vice Chairman Winton: You're pulling?
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Chairman Gonzalez: PH.9 --
Ms. Gomez -Rodriguez: Yes.
Chairman Gonzalez: -- is being pulled. All right.
Ms. Gomez -Rodriguez: That's it.
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Meeting Minutes May 25, 2006
RE.1 06-00787
Department of
Capital
Improvement
Programs/Transpor
tation
RESOLUTIONS
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") 2005-2006
MULTI -YEAR CAPITAL PLAN ("PLAN"), ATTACHED AND INCORPORATED,
AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2005) AND
PURSUANT TO CHAPTER 18/ ARTICLE IX/DIVISIONS 1 AND 2 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/FINANCIAL
INTEGRITY PRINCIPLES," TO SET FORTH THE CITY'S FISCAL NEEDS
FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW
OF THE PLAN TO DETERMINE PROJECT PRIORITIES AND TO MODIFY
FUNDING ALLOCATIONS AS NECESSARY.
06-00787 Legislation.pdf
06-00787 Exhibit.pdf
06-00787 Exhibit 2.pdf
06-00787 Exhibit 3.pdf
06-00787 Exhibit 4.pdf
06-00787 Exhibit 5.pdf
06-00787 Exhibit 6.pdf
06-00787 Summary Form.pdf
Capital_PLan_FY06_Presentation. ppt
Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones
Absent: 2 - Commissioner Winton and Regalado
R-06-0335
Direction by Vice Chairman Winton to the Administration to create a companion report
outlining the funds spent on capital improvements in the City of Miami from 1980 through 2001.
Direction by Commissioner Spence -Jones to the Administration to include a district -by -district
breakdown of the funds spent on capital improvements in the City of Miami in the report
previously requested by Vice Chairman Winton.
Chairman Gonzales: All right. The last item on the regular agenda is the financial update.
Priscilla A. Thompson (City Clerk): Actually, Chair --
Commissioner Spence -Jones: We miss --
Ms. Thompson: -- we still have RE --
Commissioner Spence -Jones: 1.
Ms. Thompson: -- 1 and RE.2.
Commissioner Spence -Jones: You missed those two.
Chairman Gonzalez: All right. You're right. RE. I.
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Mary Conway (Director): Mary Conway, Capital Improvements & Transportation. RE.1 is a
resolution to approve the City of Miami 2005/2006 Multi -Year Capital Improvement Plan, as
required by the City's Financial Integrity Ordinance number 11890, and we have a brief
PowerPoint presentation for you. Since the last capital plan was presented before the
Commission, the Capital Improvements and Transportation Office has been primarily focused on
delivering all of the projects that were in the 2004/2006 plan, the Homeland Defense projects, as
well as all of the other projects with variety of sources offunding. In the subsequent time, we
have been before the Commission with a variety of appropriation ordinances where we've
swapped projects between first and second series; we've had to make adjustments to project costs
based on the escalation that we're seeing in the marketplace because of competition in the
construction marketplace right now, and we've also allocated new revenue resources, such as
grants and impact fees and made other modifications. The process that we followed this year in
developing the capital plan has been a little bit different than in prior years because we have had
funding constraints associated with cost escalations on projects, and we've had to take some of
the revenues from this year's plan to make sure that we could complete the projects that were in
the prior years' plan, and we've continued to focus on making sure that all of the prior years'
commitments we're able to honor. In addition to delivering the Homeland Defense bond projects
and the other projects in the plan, we've also spent a great deal of time preparing the streets
bond that is a section within the capital plan that you'll be approving, if you approve the plan
that's before you today, and we've also continued our work on the Miami Streetcar project that
we hope to be able to present in the coming months in the fall to the Commission. What we will
be focusing on between now and next March is doing a more comprehensive assessment of
reaching out to the different departments and looking at additional unfunded needs on a citywide
basis and updating the portion of the appendix that can -- includes that information right now.
Regarding the Miami Streetcar project, we just wanted to briefly update the Commission
regarding the City -- the State of Florida's Growth Management Act that was approved last year
and signed into law, and specifically, the portion of that that deals with transportation
concurrency, and to make the nexus between the Streetcar project and the City's compliance with
transportation concurrency, and we'll make a more detailed presentation over the coming
months. We continue our efforts on the environmental analysis and the alternatives assessment
and we'll be back before the Commission. One of the good things that the State of Florida did
when they approved the Growth Management bill and tightened the requirements for municipal
governments statewide regarding concurrency is they put a lot offunding into the legislation,
and in regards to transportation, they have $1.1 billion in their '05/'06 fiscal year and have
committed to another $542 million recurring over the future years, and we've been coordinating
the Streetcar project very closely with the State of Florida Department of Transportation, and
they've committed to us to be 50 percent fund partners for that important transit project. Some
of the most significant changes that you'll see in this year's capital plan from last year's plan is,
as you're all very much aware, the City approved a revision to the impact fee structure that has
generated additional revenues primarily for parks, and we've done some allocation. We also
have the monies that the voters approved in the County's General Obligation Bond, and we've
also -- since the streets bond will be available later in the year, we have taken the monies that
would have gone for debt service on the streets bond and funded projects that were already
under development so they can start construction in the next few months. Regarding the impact
fees, the next slide shows you the projects that we have used park impact fees to fund some
nominal amounts. You'll see Little Haiti, Grapeland, and Jose Marti, and that's based on cost
escalation that we've seen in the marketplace, and we felt it was very important to honor our
commitment to the community to complete those projects as originally conceived. A month or so
ago, you approved the allocation of Bicentennial Seawall Phase III dollars from impact fees,
with a proviso that those monies would be replaced over the next several years with ad valorem
tax receipts from One Miami, and we are tracking that very closely in our office, as well as in the
Budget office, and then there have also been some monies assigned to Curtis Park for a new ball
field. The following slide lists the general obligation bond -- Miami -Dade County General
Obligation Bond allocations. Again, you'll see Little Haiti, Grapeland Park, linear parks, the
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Orange Bowl, and three flood mitigation projects that were the next highest priorities. On the
next slide you'll see eight projects where the City was able to take current year streets revenues
to fund the construction. There are two street infrastructure projects in Allapattah; additional
monies for downtown street infrastructure to continue the work that's already started that's
under construction right now; South Miami Avenue, which is the roundabout, and the lighting
and resurfacing project on the historic section of South Miami Avenue that is being funded, in
part, with County People's Transportation Plan dollars, as well as City funds. The
implementation of traffic calming devices in Silver Bluff and Shenandoah, which are two of the
last large neighborhoods that had studies in place, but have not yet had traffic circles built; 39th
Street and other road in the Design District, following 40th Street that we completed last year,
and the Spring Garden bridge repairs. That bridge has been closed for over six months, and
we're now ready to get that under construction and reopen the bridge. With that, Pilar Saenz,
assistant director, is going to take over.
Pilar Saenz (Assistant Director): Good morning. Pilar Saenz, Capital Improvements &
Transportation. The next slide, Commissioners, is a presentation of the six -year plan, which is
an $805.2 million plan over the six years, and what this presents is that the streets and sidewalks
fund -- these are the 11 d fferent funds that we have the projects grouped into and that also
follows our financial system, which has these 11 funds, and what this shows you is that the
streets and sidewalks fund is the largest fund in the plan at 39.7 percent, and the Parks and
Recreation and Public's Facilities [sic] funds are the second and third largest funds. The
following, by funding type, is a presentation of all our d fferent funding sources, which we group
into seven categories. Obviously, the biggest chunk of this pie is our City bonds, which account
for 50.1 percent of the funding, and of course those -- that includes our Homeland Defense
bonds, as well as our proposed streets bond. The funded proportion is a requirement by the
Financial Integrity Ordinance, which requires us to breakdown projects by whether they are
funded -- fully funded, partially funded, or unfunded, and what this shows us is that the
unfunded, in addition to the shortfall of partially funded projects, is 45 percent of the total
estimates in the plan. In the appendix, there is a list of unfunded projects, in the appendix in the
plan, for reference and that's also required to be shown by the Financial Integrity Ordinance.
Ms. Conway: The next slide is just outlining the various revenue sources that will be used for
debt service for the proposed streets bond. Again, that will be approved with this plan, and those
include the transit half -cent surtax, local option gas char -- gas tax, and parking surcharge, and
we were able, when we individually briefed you, to provide you with the maps and the listing of
all the projects that are intended to be built with the streets bond proceeds. I'm also happy to
share with the Commission that regarding the Homeland Defense Bond, that our latest data that
we put together this week shows that we have expended 60 percent of the Homeland Defense
Bond first series proceeds, and we're well on track to be fully expended so that we'll be in a
better position to go out for future bonds based on our successful commitment and expenditure of
the existing bond. The next slide we put in just to highlight for you a handful of projects that are
very important to the City that are actively under development, design, permitting that do have
some funding shortfalls that will need to be addressed by this body and by the Administration to
allow these projects to advance into construction. The first is the police training facility that has
a little over a $16 million shortfall. Now, that number may be reduced significantly based on a
collaboration that we're working on right now with Miami -Dade County School Board to have a
joint facility, but a worst -case estimate; we want to just share it and put it before you. Again, we
expect that number to come down quite a bit. In addition, we have five fire stations; I, 10, 11
that are existing stations that either need to be drastically remodeled and upgraded or torn down
and replaced, as well as new fire stations for the north part of the City, and the south, 13 and 14;
one, where we're already acquired the land; the other where that's still a pending item, and for
those collectively, we anticipate that the existing funding will allow us to build two, possibly
three, of those fire stations, but there will be additional funding needed to complete the
remaining ones, and then the Wagner Creek Seybold Canal dredging project is something that
the City's been working on for quite a few years. Commissioner Spence -Jones has brought it up.
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We've discussed it previously before. We were very successfully able this year to put another
four -- little over $4 million on that project, so we have right now about $8 million offunding on
that project, but still are anticipating that we may need up to another 11 million to finally dredge
and clear that channel of contamination, and then we just put a brief mention regarding the
Orange Bowl project. Jones Lang LaSalle's already begun their efforts, and part of the first task
will be determining the final scope and what'll be proposed in a finance plan, and that'll be
brought back before you separately.
Ms. Saenz: This next slide is particularly interesting. It is an expenditure history over the last
five years, and what it shows is an increasing rate of investment in the City's infrastructure. As
you can see, in 2000 we were at 27.1 million in expenditures throughout the capital funds; in
2005 we were almost at $95 million; from 2004 to 2005 alone, the increase was 73.1 percent,
and we expect that, for this current fiscal year, 2006, we'll probably hit, all things remaining
pretty much the same and continuing our efforts, the $100 million range, and of course, this is
due to several initiatives on behalf of the Administration and the programs implemented by our
Department, Capital Improvements.
Ms. Conway: The last slide is also a requirement of the financial integrity ordinance, and this is
an issue that you've brought up many times at previous Commission meetings, which is how will
we be addressing the revenues that are required to deal with operating impacts, so when we do a
street improvement project, when we put new facilities in a park or create a new park, such as
Little Haiti, what will be the associated impacts to the operating budget that Larry Spring brings
before you, and this is an attempt to lay out, based on input from the departments in
coordination with the Budget Office, and with that, we'll be happy to answer any questions you
may have.
Chairman Gonzalez: All right. Any questions?
Vice Chairman Winton: Well, 1 would like to say to staff and the Manager that this report is
outstanding. I think it's -- it gives us a very clear picture of our immediate past history and
certainly a clear picture of where we need to go and the shortfalls that we are facing to get
where we want to go. I would also, however --1 don't even know if it's possible, but I would like
to get a companion report that shows how much money we spent on capital improvements in this
City -- same kind of list as you had on a couple of pages prior -- from 1980 to 2001, because my
guess is going to be that there's a lot of blanks, and that the amount offunding in the prior
20 plus years was relatively small and came from very few sources, and that the amount of
funding that essentially this Commission has commissioned, if you will, will be dramatic, and 1
think that that dramatic difference is something that needs to go on the public record. We've had
a huge increase in growth in our city, and that growth hasn't gone without a commitment of this
Commission, the Mayor, and the management team to make real improvements to our
neighborhoods, to our streets, to public facilities, and 1 think that many times, the difference
between the prior 20 years and now is forgotten by many, and it's interesting because I was
going through my file cabinet at my downtown office yesterday looking for something and I
found a copy of the May, 1 think, 8 to 13, issue of New Times, May 8 to 13, the year 2000, which
was not that long ago. Everybody should look that article up. That was a picture that said -- the
headline was -- not to denigrate anybody, but the headline on that one was "Loco Joe is back,"
or something to that effect. You know, we had great turmoil in the year 2000 at City Hall, and 1
think that our ability to show where and how the City operated in -- from 1980 to 2001, versus
where we are today, is a dramatic difference that we ought to be talking about.
Joe Arriola (City Manager): Commissioner, there's something else I want to remind you. If you
remember, that for a period of ten years, from the '90s almost to the year 2000 -- and that's one
of the things that the Blue Ribbon Committee discovered -- was that a lot of the money that was
so-called CIP (Capital Improvement Programs) money that were in capital improvement and it
was called CIP money, that actually went to the general fund --
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Vice Chairman Winton: Bingo.
Mr. Arriola: -- and while it might show that this were capital improvement project, the truth of
matter, for a period of seven or eight years, all that money actually was just a reversal back, and
that's when all the audits showed that a lot of that money that was called capital improvement
money was nothing but general fund money that was spent and not actually on infrastructure,
but we'll get you a report of that.
Vice Chairman Winton: I think that'd be great.
Commissioner Spence -Jones: I --
Chairman Gonzalez: All right. Any --
Commissioner Spence -Jones: -- just --
Chairman Gonzalez: Yes.
Commissioner Spence -Jones: I just have one comment.
Chairman Gonzalez: You're recognized
Commissioner Spence -Jones: I definitely want to commend Mary and Pilar and the City
Manager for just putting together a great report. 1 know the last Commission meeting, 1 had
asked for some sort of update as to where we were with the capital improvement plan, and this is
excellent, so I just wanted to at least acknowledge staffers for doing such an excellent job in
making that happen. 1 do want to just add -- just like Commissioner Winton had one thing that
he'd like to see added to the report -- if it's possible, I'd like to have a breakdown by the district -
- by each one of our districts, so that we have a sense of -- I mean, because this report is more
from a global perspective, but I'd like to be able to respond to the constituents and residents by
telling them exactly what's happening within my district, and if I can get an official breakdown
and status of those particular projects and then monies attached to them, that would be very
helpful so that 1 could respond to the residents, and then last but not least. I know you and I
talked on a one-on-one, Mary, regarding making sure that if there's -- most of this -- these
projects were actually created, you know, for my district prior to me getting there, so I just want
to make sure that if 1 see that there are things that are more of a priority within my district, that I
can always revisit this back with you to make sure that they're handled.
Ms. Conway: That's correct, and we'll work with you to address that.
Commissioner Spence -Jones: OK.
Chairman Gonzalez: Commissioner Sanchez.
Commissioner Sanchez: Thank you, Mr. Chairman. This resolution sets forth the City's fiscal
needs for the CIP, which is capital improvements, on an annual plan. However, it could be
modified as we go along. That's the beauty of it. 1 am glad to see that we have focused on just
about all the areas that we need to address. As Commissioner Winton stated, I've been here now
eight years, and I could honestly tell you that in the eight years that I have been here, the City
today is more organized and better planned to meet the feature's needs, even when we focus on
today transit, which we didn't even discuss years ago. It was something that -- first of all, we
didn't have the money to do it, but now we're really focused on a new aspect of the City to
improving our transit, but 1-- as I look at the 205/206 [sic] capital plan by funding, there are
two areas that I want to really elaborate on, and one is the disaster recovery. Why disaster
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recovery is so important? Because last year we had two hurricanes, and as you know, we don't
get hundred percent funding from FEMA (Federal Emergency Management Agency); we have to
eat some of that cost, and it was in the neighborhood of about 13 or $12 million that we had to
pay out of our general fund to meet the expenses. You have set aside -- or the funding summary
for that category is 41.3, I believe, right, $41.3 million?
Ms. Pilar: Commissioner, the disaster recovery is the 6.5, the lighter shade of blue.
Commissioner Sanchez: Is it 6.5? OK, I'm sorry. Exactly, and I just wanted to know is that
sufficient for that? Because it's the least amount on this pie, and I want to have assurance from
the Administration -- and 1 know it would be our number -one priority, if we were hit with a
hurricane, to act as expeditiously as possible to recover. Do you think that 6.5 million or 0.8
percent of this pie is enough? I think it's a very intelligent question to be asked. It needs to be
addressed by this Administration.
Mr. Arriola: We -- with two hurricanes, sir, we -- I guess this is a little rough number, but
they're pretty good numbers -- was 7.2 for two hurricanes.
Commissioner Sanchez: For two hurricanes, and I certainly don't expect to hit by two
hurricanes again.
Mr. Arriola: Sure hope not.
Commissioner Sanchez: I mean, I pray to that, but do you think that the amount that you set
aside on that is sufficient as to the $6.5 million?
Mr. Arriola: I think so. I think we're a lot smarter this year, and we're going to be even more
efficient than we were last year, so we're all pretty confident with that number, sir.
Commissioner Sanchez: All right, and as to the projects, Madam Director, you know, the biggest
responsibility that we have as legislators or policy makers in this legislative body is that for the
first time in many years, the City's really seeing a lot of projects out there. We're focusing on the
right things. I think we're focusing on public safety; we're focusing on our parks, and I think that
one of the assurance that 1 would like to get from the Administration is that all projects need to
have three categories that are very, very important. One is cost certain, time certain, and
project certain, because -- you know, and I understand there are some times things that are out
of our control and we can't control those things, and the projects exceed, but one of the things
that 1 continue to observe as we meet our obligation to fulfill all these projects in our community
is cost overrun in a lot of these projects. We need to start focusing on better business practice or
better government, smart government, et cetera, et cetera, et cetera, to make sure that these costs
overrun don't continue on these projects. In other words, we need to hold the contractors, or
whoever's in charge, put their feet on the fire; it's their responsibility, and that's something that 1
would ask, through the Administration, to focus on with Capital Improvements in the future. The
other concern that I have -- and I know I said two, but really one just came to my mind -- is that
with all these projects that are going on in our city, I think that we really need to put -- pay very
close attention to the maintenance aspect of it. Why do I say maintenance aspect of it? You're
starting to see that we're coming on-line with projects that 1 consider state-of-the-art. You're
talking about the water theme park. You're talking about a $5 million gymnasium at Jose Marti.
You're talking about Little Haiti Park. You're talking about projects that are going to be utilized
by the shareholders of this government, which is the people, and we need to make sure that these
projects are properly maintained. Because I've always said it, and every chance I get, we have
to lead as an example. We have to make sure that our parks and our properties are well kept, in
Code, before we go after people and tell them that your property's not well maintained and
you're in violation. Well, you need to look at yourself in the mirror, so having said that, I want
to make sure that we do have a maintenance program in place to address all these new projects
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Meeting Minutes May 25, 2006
RE.2 06-00798
Department of
Capital
Improvement
Programs/Transpor
tation
that are coming in -line [sic], because you know, it's sad when you build a beautiful project, and
you visit it three years later and it looks like doo-doo or donkey dust, all right. It reflects on us,
and it's our responsibility to make sure that we do have the proper program in place to keep
them well maintained Could you elaborate a little bit on that?
Ms. Conway: I will tell you that we've heard that message loud and clear. That's why the last
slide was incorporated, that shows what the operating impact is going to be associated with this
project to make sure that that gets funded annually in the City's general budget, and I can also
assure you that the Parks Department, Public Works Department, Public Facilities, GSA
(General Services Administration) are all very much aware of the needs to maintain the facilities
as they come on-line, and CIP tries to work very closely with those departments so that they
know when the projects are completing and that we can do hand-offs, and we're still defining the
details to have that go as smoothly as possible, but everybody is very much focused on making
sure that we can maintain and preserve the investment that we're making with these capital
projects.
Commissioner Sanchez: And Madam Director, the last thing that I want to put on the record is
that we must do everything we can within our power to stick to the promise that is being made
here today to the taxpayers of the City of Miami. Thank you.
Ms. Conway: Thank you.
Chairman Gonzalez: All right. Did we had a motion?
Ms. Thompson: No.
Chairman Gonzalez: No. OK. We need --
Commissioner Sanchez: So moved.
Chairman Gonzalez: -- a motion to approve. OK. We need a second.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: We have a motion. We have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING AND APPROPRIATING TWO NEW CAPITAL
IMPROVEMENT GRANTS, IN THE TOTAL AMOUNT OF $1,200,000;
AMENDING THE CAPITAL IMPROVEMENTS PROJECTS APPROPRIATIONS
RESOLUTION NO. 05-0689, ADOPTED NOVEMBER 17, 2005, TO REVISE
CURRENT APPROPRIATIONS, INCLUDING HOMELAND
DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS, AMONG APPROVED
PROJECTS, AND APPROPRIATE NEW FUNDING INTO THE CAPITAL
IMPROVEMENT PROJECT NUMBERS SPECIFIED HEREIN; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE GRANT ACCEPTANCE
AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), AND ANY
NECESSARY DOCUMENT(S), TO IMPLEMENT ACCEPTANCE OF SAID
GRANTS.
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Meeting Minutes May 25, 2006
06-00798 Legislation.pdf
06-00798 Exhibit .pdf
06-00798 Exhibit 2.pdf
06-00798 Exhibit 3.pdf
06-00798 Exhibit 4.pdf
06-00798 Exhibit 5.pdf
06-00798 Exhibit 6.pdf
06-00798 Exhibit 7.pdf
06-00798 Summary Form.pdf
Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones
Absent: 2 - Commissioner Winton and Regalado
R-06-0336
Chairman Gonzalez: RE.2.
Mary Conway (Director, Capital Improvements Program & Transportation): RE.2 is a
resolution accepting and appropriating two new Capital Improvement grants and amending the
Capital Improvement Projects appropriation resolution number 05-0689, as amended. What --
basically, what we are doing with this resolution is accepting a grant of $325, 000 from the South
Florida Water Management District to fund shoreline stabilization and put in boat launches --
canoe/kayak small boat launches and educational signage at both Morningside and Margaret
Pace Park, and what we are also doing is accepting a second grant from the Florida Department
of Transportation on behalf of Miami -Dade College for the improvements on Northeast 4th
Street that was addressed earlier in CA.4 that the body approved -- Commission approved
earlier.
Chairman Gonzalez: All right.
Commissioner Sanchez: So what are you saying, this is a scrivener's error or what --?
Ms. Conway: No, no, no, no, no, that we are -- what we're doing here is you're accepting two
grants; one from the Department of Transportation and another from the South Florida Water
Management District. I'm just advising you that the DOT (Department of Transportation) grant
also related to item CA.4 that was approved earlier, where we are -- we will be developing and
implementing the construction of the improvements on Northeast 4th Street on behalf of
Miami -Dade College because the City is local agency program certified with the Department of
Transportation and the College is not, so we're partnering together, but this resolution is just
accepting two grants.
Commissioner Sanchez: And it pertains to CA.4 -- that's what you're saying, right?
Ms. Conway: The eight hundred and seven --
Commissioner Sanchez: -- which we voted on earlier today.
Ms. Conway: Yes.
Commissioner Sanchez: All right.
Ms. Conway.: Correct.
Chairman Gonzalez:. All right. Do we hear a motion?
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Meeting Minutes May 25, 2006
Commissioner Sanchez: So moved.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: We have a motion and we have a second on RE.2.
Ms. Conway: Chairman, excuse me. 1 apologize.
Commissioner Sanchez: You need to amend it, right?
Ms. Conway: Yes. I have a substitute item.
Chairman Gonzalez: As amended.
Commissioner Sanchez: That's why I asked if there was an error. I mean, a --
Chairman Gonzalez: Right.
Commissioner Sanchez: -- scrivener's error.
Ms. Conway: There was. There was --
Chairman Gonzalez: We have a --
Ms. Conway: -- an erroneous scrivener's error in section 2 that made some reference to a CVS
(Consumer Value Stores) pharmacy. It was a typographical error. This one is removing that
and basically saying that the City Manager is authorized to sign the grant agreements in
substantially the attached form. That's the nature of the correction from what was in your book
to what I just handed you. Thank you.
Chairman Gonzalez: All right.
Commissioner Sanchez: All right.
Chairman Gonzalez: We have a motion and we have a second on RE.2, as amended.
Commissioner Sanchez: As amended.
Chairman Gonzalez: All in favor, say "aye."
Commissioner Sanchez: Aye, as amended, for the record.
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the right. Motion carries. Now, we go to --
Commissioner Sanchez: Sometimes we sleep up here, but sometimes we're awake.
Ms. Conway: Thank you.
RE.3 06-00770 RESOLUTION
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Meeting Minutes May 25, 2006
Department of
Capital
Improvement
Programs/Transpor
tation
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE DESIGN FOR THE "BRYAN PARK
NEW TENNIS CENTER," PROJECT B-30134, DATED FEBRUARY 20, 2006,
PREPARED BY THE DEPARTMENT OF CAPITAL IMPROVEMENTS AND
TRANSPORTATION ("DEPARTMENT"); DIRECTING THE DEPARTMENT TO
IMPLEMENT SAID PROJECT.
06-00770 Legislation.pdf
06-00770 Exhibit.pdf
06-00770 Summary Form.pdf
DEFERRED
A motion was made by Commissioner Regalado, seconded by Commissioner Sanchez, and was
passed unanimously, to defer item RE.3 to the City Commission meeting currently scheduled for
June 22, 2006.
Chairman Gonzalez: We go back to PH. I.
Commissioner Regalado: Mr. Chairman.
Chairman Gonzalez: Oh, I'm sorry.
Commissioner Regalado: R --
Chairman Gonzalez: I have a request to bring RE 3. It's -- the item is going to be deferred by
Commissioner Regalado, so --
Commissioner Regalado: But I need to explain, Mr. Chairman, and the reason I'm asking for
your indulgence on this matter is that we have here several residents and representatives -- also
several attorneys that are representing the -- some of the parents and some of the residents, and
they are all working pro bono, and they need to go work in their jobs. Bryan Park is -- it was a
symbol of people fighting for the green area and parents fighting for the rights of the children,
but after many, many, many, many meetings, we now can say that both sides are willing to
compromise and work, and the old plans that the City had, they are no longer the plans. The
people of the Bryan Park area, the Shenandoah Homeowners Association, we have met with
them several times; they have met with the parents; we have met with the parents, and what any -
- everybody concerned wants -- and we are already inform Mary Conway and Alicia Cuervo -- is
to have a few days for the residents and the parents to meet with the City planners to discuss, for
one, the downsizing of the community center. Everybody agrees that this community center has
to go, the one there, because it's damaged; has a structural problem, so we need a new
community center in Bryan Park; everybody agrees, but everybody agrees now that we have to
downsize. The original plans were no good; they're very big, and grandstands, and all that, and
so everybody is in agreement. The second thing that everybody agrees is that the residents need
a lot of space and green areas, and -- that we could save space if we rearrange the tennis court
as they are located right now, and the third thing, on the waiver of the parking, everyone, but
especially the residents, want a covenant that would run with the zoning variance for the parking
waiver inside the park, whereby the City will commit to keep the green area as presented --
Chairman Gonzalez: But --
Commissioner Regalado: -- in the final plan.
Chairman Gonzalez: -- what we're doing now is we're deferring the item. I mean --
Commissioner Regalado: Yes --
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Meeting Minutes May 25, 2006
Chairman Gonzalez: -- we're not --
Commissioner Regalado: -- but --
Chairman Gonzalez: -- because you know --
Commissioner Regalado: -- what I'm trying to explain -- because 1 think we have several
gentlemen -- we have an attorney. We have -- Tucker Gibbs is representing the residents, and
probably, if we can get Tucker -- hey, Tucker, OK -- he's representing the attorneys, and he's
aware of everything that -- and 1-- good morning.
Tucker Gibbs: Good morning.
Chairman Gonzalez: All right, but one -- but Commissioner Regalado, one thing that I don't
want to do is to start, you know, public hearing --
Commissioner Regalado: No, no.
Chairman Gonzalez: -- and all that on the item.
Commissioner Regalado: Just to put on the record what we are doing in terms of asking for two
or three weeks --
Chairman Gonzalez: OK
Commissioner Regalado: -- for the parents and the residents to meet with the planners, and
Mary --
Chairman Gonzalez: All right, so --
Commissioner Regalado: -- already knows about this. She has agreed to set the appointment
come next Tuesday, I think.
Chairman Gonzalez: All right, so --
Mr. Gibbs: And we're very pleased with that and in favor of that.
Chairman Gonzalez: Good, so what we need is a motion to defer.
Commissioner Regalado: Motion to defer.
Commissioner Sanchez: Second.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: We have a motion and we have a second to defer RE.3. Since we're
deferring, there is no public hearing because we're deferring the item.
Unidentified Speaker: No, no, I don't --
Chairman Gonzalez: You will have an opportunity --
Mr. Gibbs: Thank you.
Chairman Gonzalez: -- to speak on the item once the item is heard. All in favor, say "aye."
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The Commission (Collectively): Aye.
Chairman Gonzalez: Motion carries. Now we --
Commissioner Regalado: Now, Mr. Chairman --
Chairman Gonzalez: -- go back to PH.1.
Commissioner Regalado: Mr. Chairman, we have the issue of the PZ (planning & zoning) item.
Commissioner Sanchez: That could be deferred, too.
Chairman Gonzalez: That should be deferred, too --
Commissioner Regalado: But the attorney --
Chairman Gonzalez: -- right?
Commissioner Regalado: -- has to put something on the record regarding this --
Jorge L. Fernandez (City Attorney): Yeah.
Commissioner Regalado: -- item.
Mr. Fernandez: What -- with regard to the PZ item, you can wait to defer that to this afternoon
when it comes up, but basically, given the fact of the reason for the deferral of your RE.3 item, it
will be my advice that the Administration or that the City pulls the appeal. The City is appealing
the decision of the --
Chairman Gonzalez: All right.
Mr. Fernandez: -- Zoning Board, and what would be appropriate so that this item can then
travel with a new design or the new arrangements that get made with staff can travel to the
Zoning Board again without any of the impediments of a pending appeal and things like that, so
whenever you decide to take your P&Z item 32 that's related to this matter, my recommendation
is going to be to --
Chairman Gonzalez-. Pull it.
Mr. Fernandez: -- withdraw the appeal so that this item, once it gets reworked, then can either
perhaps not have to go back to the Zoning Board, or if it goes back to the Zoning Board, it goes
back without the pending appeal.
Chairman Gonzalez: All right.
Commissioner Regalado: Well, what --
Chairman Gonzalez: On that comment.
Commissioner Regalado: -- he's trying to say -- and just to, 1 guess, make it simple for the
residents and the people here on Bryan Park is that since there will be a redesign, the parking
spaces may change, and this is because the City Attorney is advising to withdraw the appeal,
because on the other design, zoning requires several parking spaces, but because of the
downsize, we now are faced with a different request from the zoning. This is why we need to
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Meeting Minutes May 25, 2006
defer the zoning matter, too.
Commissioner Sanchez: No, we don't need to defer the zoning. You need to withdraw it.
Chairman Gonzalez: Withdraw it.
Commissioner Regalado: Well --
Mr. Fernandez: When you get to it --
Commissioner Regalado: -- withdraw the --
Mr. Fernandez: -- withdraw it.
Commissioner Regalado: -- appeal --
Vice Chairman Winton: Appeal.
Commissioner Regalado: -- and that would be --
Chairman Gonzalez: But that we'll do when we go into the PZ agenda. All right. Let's go back
to PH.1, please, public hearing.
Commissioner Regalado: We need to --
Chairman Gonzalez: Pardon me?
Commissioner Regalado: -- vote.
Chairman Gonzalez: We already did on the deferral --
Mr. Fernandez: You voted on the --
Chairman Gonzalez: -- didn't we?
Mr. Fernandez: -- deferral of RE. 3.
Commissioner Regalado: Oh, OK.
Chairman Gonzalez: We already voted on the deferral.
Commissioner Regalado: And a time --
Chairman Gonzalez: On the PZ.
Commissioner Regalado: -- to come back -- no -- on --
Chairman Gonzalez: In two weeks? Next Commission meeting or --
Commissioner Sanchez: No. It's -- you're going to need more time than that.
Chairman Gonzalez: -- more?
Mr. Fernandez: Four weeks.
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Commissioner Regalado: On the second meeting in June.
Mr. Fernandez: Second meeting.
Chairman Gonzalez: Second meeting in June. All right.
Commissioner Regalado: On the second meeting in June.
Chairman Gonzalez: Very good.
RE.4 06-00795 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS
Fire -Rescue (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING; WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA; AUTHORIZING AN AWARD OF A CONTRACT TO
TEN-8 FIRE EQUIPMENT, INC., FOR THE IMMEDIATE REPAIR OF A
DAMAGED BASKET ON AERIAL 1, FOR THE DEPARTMENT OF
FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $36,310; ALLOCATING
FUNDS FROM THE FIRE ASSESSMENT ACCOUNT CODE NO.
109001.280905.6.840.
06-00795 Legislation.pdf
06-00795 Summary Form.pdf
06-00795 Memo.pdf
06-00795 Letter.pdf
06-00795 Requisition.pdf
06-00795 Sales Order.pdf
Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Winton
R-06-0333
Chairman Gonzalez: Well, you know, I'm going to move to RE.4. 1 believe it's Fire. Anybody
here from the Fire Department? Welcome, morning.
Maurice Kemp: Thank you. Good morning. Deputy Chief Maurice Kemp, Fire -Rescue. This is
Chairman Gonzalez: All right.
Deputy Chief Kemp: -- a resolution to allow us to repair Quint 1, which is one of our three big
basket trucks that --
Chairman Gonzalez: OK.
Deputy Chief Kemp: -- received damage recently.
Chairman Gonzalez: I think this one is a no-brainer. This is a public hearing. Anyone from the
public that wants to address the Commission on this item, please come forward. Seeing none,
hearing none, comes back to the Commission.
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Commissioner Sanchez: So moved.
Commissioner Spence -Jones: So moved.
Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
Deputy Chief Kemp: Thank you.
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DISCUSSION ITEM
DI.1 06-00774 DISCUSSION ITEM
Department of DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET
Finance OUTLOOK.
06-00774 Summary Form.pdf
DISCUSSED
Chairman Gonzalez: Now we go to DI.1.
Commissioner Sanchez: Which one?
Chairman Gonzalez: DI.1.
Commissioner Spence -Jones: DI.1.
Chairman Gonzalez: Update and budget outlook.
Commissioner Sanchez: Oh.
Larry Spring (Chief of Strategic Planning, Budgeting & Performance): Good afternoon,
Commissioners. Larry Spring, chief of Strategic Planning, Budgeting & Performance. I'm
giving my budget update as of the period ended March 31, 2006. Yes, sir.
Commissioner Sanchez: Is there a presentation or for this or you just --?
Mr. Spring: No, no, no. This is just my general update. There -- I just want to put on the record
that the City, as of that forecast date, is showing a favorable budget variance of approximately
$16 million; 5 million of that positive variance is due to better-than-expected collections on
revenues, particularly in the area of charges for services and intergovernmental revenue. In that
category, our state -shared revenue and our half -cent sales tax are better than expected. On the
expense side, our savings are primarily due to the large number of vacancies that are citywide,
so we're forecasting about a $9.8 million savings -- salary savings over the remainder of the
fiscal year. Last month I spoke to the Commissioners about bringing my mid -year budget
amendment forth. We've had some issues --
Commissioner Sanchez: Adjustment.
Mr. Spring: Adjustment.
Commissioner Sanchez: Not an amendment, an adjustment.
Mr. Spring: -- forth to the Commission. We've had a couple of things that have come up,
capital -related, that we're reconsidering, so I'm going to be bringing forth that amendment as of
June -- the first June meeting, and I'll have sufficient time to come meet with you. As of this time,
I am preparing for the overall 2007 budget process. That being said, I'm asking now, in a public
forum, that the Commissioners consider -- and you don't have to get back to me right now -- but
July 18 or July 25 as the date of the preliminary budget workshop that we do every year, so if
your staff can kind of check your calendars on those two dates, and you know, get back to my
individually, and then we'll bring -- we'll take, I guess, the necessary legislative steps to have
that date set.
Commissioner Sanchez: All right.
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Meeting Minutes May 25, 2006
Chairman Gonzalez: I have a question. You were going to do a mid -year adjustment or --
Commissioner Spence -Jones: Yeah.
Mr. Spring: Yeah, that's what I just -- yeah.
Commissioner Sanchez: He just said --
Mr. Spring: I just put that on the record. A couple of issues came up in the capital area related
to lighting -- the lighting project at the Orange Bowl, so I had to pull it back to make some
adjustments to what we're going to present. I'll present it at the next meeting.
Chairman Gonzalez: At the next meeting?
Mr. Spring: At the next -- yeah, the next Commission meeting.
Chairman Gonzalez: All right, but you have it ready, right?
Mr. Spring: For the most part, yes.
Chairman Gonzalez: All right. Thank you very much --
Mr. Spring: Thank you, Commissioner.
Chairman Gonzalez: -- for your report.
Commissioner Sanchez: I look --
Chairman Gonzalez: Mr. --
Commissioner Sanchez: -- forward to the workshop.
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Meeting Minutes May 25, 2006
PART B
Chairman Gonzalez: That concludes the regular agenda. Mr. City Attorney, we're going to
open the PZ (Planning & Zoning) agenda, so --
Jorge L. Fernandez (City Attorney): It is noon.
Chairman Gonzalez: It is noon, yeah.
Mr. Fernandez: -- and it's up to you --
Chairman Gonzalez: But I want to know --
Mr. Fernandez: -- what you want to do.
Chairman Gonzalez: -- if we're going to have -- if we have any items that we're going to be defer
Mr. Fernandez: Yes.
Chairman Gonzalez: -- that we know about, because we have public sitting in here -- we don't
want -- I don't want to make them --
Commissioner Spence -Jones: Yeah.
Chairman Gonzalez: -- come back at 2 o'clock, and then, at 4:30, tell them, you know, your item
is going to be deferred.
Mr. Fernandez: Correct.
Chairman Gonzalez: That's totally unfair.
Mr. Fernandez: As announced earlier, PZ 6 and 7, PZ. 16 and 17 are being deferred.
Chairman Gonzalez: So PZ.6 and 7 and PZ.16 --
Mr. Fernandez: 16 --
Chairman Gonzalez: -- and 17.
Mr. Fernandez: -- are being deferred, correct.
Chairman Gonzalez: -- are being deferred.
PZ.1 06-00380mm RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A
MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES 13, 17 AND 22
OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE HOTEL DE
L'OPERA PROJECT, LOCATED AT APPROXIMATELY 1771 NE 4TH
AVENUE, MIAMI, FLORIDA, TO ALLOW THE MODIFICATION OF THE
PREVIOUSLY APPROVED MIRAMAR CENTRE PHASE II AND III,
PURSUANT TO RESOLUTION NO. 01-0199, ADOPTED FEBRUARY 22,
2001, TO CONSTRUCT AN APPROXIMATE 400-FOOT, 34-STORY HIGH
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Meeting Minutes May 25, 2006
MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 350
HOTEL ROOMS, APPROXIMATELY 44,606 SQUARE FEET OF CLASS A
OFFICE SPACE, APPROXIMATELY 5,886 SQUARE FEET OF RETAIL
SPACE, AND APPROXIMATELY 309 TOTAL PARKING SPACES; DIRECTING
TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
City of Miami Page 9! Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
06-00380mm - PAB Fact Sheet.pdf
06-00380mm - PAB Analysis.pdf
06-00380mm - PAB Legislation.pdf
06-00380mm - Exhibit A.pdf
06-00380mm - Exhibit B.pdf
06-00380mm - Zoning Map.pdf
06-00380mm - Aerial Photo.pdf
06-00380mm - Traffic Sufficency Letter (3.1.06).pdf
06-00380mm - IDRC Comments (2.15.06).pdf
06-00380mm - UDRB Reso (2.15.06).pdf
06-00380mm - Public Works Comments (1.31.06).pdf
06-00380mm - MDAD Comments (1.24.06).pdf
06-00380mm - School Board Comments (1.23.06).pdf
06-00380mm Front Cover.PDF
06-00380mm Table of Contents.PDF
06-00380mm MUSP Application.PDF
06-00380mm Affidavit.PDF
06-00380mm Disclosure.PDF
06-00380mm Exhibit A.PDF
06-00380mm Dec. of Restr. Covenants.PDF
06-00380mm Warranty DeedTax Forms.PDF
06-00380mm Resolution No. 01-199.PDF
06-00380mm Corporate Resolution.PDF
06-00380mm Corporate Docs.PDF
06-00380mm Directory of Principals.PDF
06-00380mm Project Data Sheet.PDF
06-00380mm Zoning Map.PDF
06-00380mm Addendum to Application.PDF
06-00380mm Project Description.PDF
06-00380mm Minority Employment PIan.PDF
06-00380mm Traffic Impact Statement.PDF
06-00380mm Appendix A.PDF
06-00380mm Appendix B.PDF
06-00380mm Appendix C.PDF
06-00380mm Appendix D.PDF
06-00380mm Appendix E.PDF
06-00380mm Appendix F.PDF
06-00380mm Appendix G.PDF
06-00380mm Appendix H.PDF
06-00380mm Appendix I.PDF
06-00380mm Appendix J.PDF
06-00380mm Appendix K.PDF
06-00380mm Site Utility Study.PDF
06-00380mm Economic Impact Analysis.PDF
06-00380mm Survey.PDF
06-00380mm Plans.PDF
06-00380mm Inside Photo.PDF
06-00380mm Addendum to MUSP Application.PDF
06-00380mm PAB Reso.pdf
06-00380mm Revised School Impact Analysis.pdf
06-00380mm CC Analysis.pdf
06-00380mm CC Legislation.pdf
06-00380mm CC Fact Sheet.pdf
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Meeting Minutes May 25, 2006
REQUEST: Major Use Special Permit for the Hotel de ('Opera
Project
LOCATION: Approximately 1771 NE 4th Avenue
APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of
Tibor Hollo, Owner
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with
conditions*.
PLANNING ADVISORY BOARD: Recommended approval with
conditions* to City Commission on April 5, 2006 by a vote of 8-0.
*See supporting documentation.
PURPOSE: This will allow the development of the Hotel de ('Opera project.
Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones
Absent: 1 - Commissioner Regalado
R-06-0337
Lourdes Slayk (Assistant Director, Planning & Zoning): PZ. I is a Major Use Special Permit --
Priscilla A. Thompson (City Clerk): I'm sorry. We do have to swear in.
Ms. Slazyk: Oh, yes.
Commissioner Sanchez: Abs --
Commissioner Spence -Jones: Oh.
Chairman Gonzalez: Yeah, we need to swear in the --
Commissioner Sanchez: Madam Clerk --
Chairman Gonzalez: -- witness.
Commissioner Sanchez: -- you're always on the ball.
Chairman Gonzalez: Right.
Ms. Thompson: If you --
Chairman Gonzalez: And Madam City Clerk, when we come back after lunch, remind me to do
the swearing in again.
Ms. Thompson: Yes, sir. Those of you who are here, if you are going to be speaking on a P&Z
(Planning & Zoning) item, I do need you to please stand and raise your right hand so you can be
sworn in.
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The City Clerk administered oath required under City Code Section 62-1 to those persons giving
testimony on zoning issues.
Ms. Thompson: Thank you.
Chairman Gonzalez: All right.
Jorge L. Fernandez (City Attorney): Mr. Chairman.
Chairman Gonzalez: PZ.1.
Ms. Slazyk: PZ.1 is a Major Use Special Permit for the Hotel de L'Opera Project. This is
located at 1771 Northeast 4th Avenue. This is a modification to the Major Use Special Permit
that was originally granted for the Opera Tower project, which is currently under construction.
This is the phase 111 of that. It will consist of a 34-story high mixed -use structure. It'll have
approximately 350 hotel rooms, 44,606 square feet of Class A office space, 5,886 square feet of
retail space, and approximately 309 parking spaces. It has been recommended for approval,
with conditions, in your package by the Planning Advisory Board and the Planning Department.
The only condition of any consequence regarding the design -related issues has to do with
replacing some proposed metal louvers with an artistic glass treatment that'll propose -- with a
proposed lighting feature into the design of the openings.
With these conditions, we recommend approval.
Chairman Gonzalez: All right. Is there any opposition to PZ 1? Any opposition to PZ I? OK, I
see none.
Mr. Fernandez: Yes.
Vice Chairman Winton: Here comes --
Chairman Gonzalez: Oh, I'm sorry. I'm sorry.
Dolly McIntyre: Not necessarily opposition.
Mr. Fernandez: You need to state --
Ms. Thompson: I'm sorry. I'm sorry. I need your name and address --
Chairman Gonzalez: Your name and address.
Ms. Thompson: -- for the record.
Ms. McIntyre: My name is Dolly McIntyre. I'm with the Miami Woman's Club at 1737 North
Bayshore Drive. It's not necessarily opposition at this point; it's here to hear and to be able to
oppose, if necessary.
Chairman Gonzalez: OK.
Commissioner Sanchez: Point well taken, ma'am.
Chairman Gonzalez: All right.
Vicky Garcia -Toledo: Good afternoon. For the record, Vicky Garcia -Toledo, with offices at the
Wachovia Center, the law firm of Bilzen Sumberg. The project in front of you today is a
substantial modification to an already -approved Major Use Special Permit. It calls for a change
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Meeting Minutes May 25, 2006
of use from institutional, as previously approved, to a true mixed -use of the first hotel north of
the Miami River in the last 25 years in the City of Miami, as well as office use, and its own
parking. The lobby will be on the ground floor surrounded by retail. It will also remove --
release the covenant that was originally put on this property because now you actually have a
design and a commitment through the Major Use Special Permit.
Chairman Gonzalez: All right.
Commissioner Sanchez: I'm sorry, I didn't get that. It would release the covenant?
Ms. Garcia -Toledo: It would release the original covenant that was put on this property for
zoning purposes back in the early '90s when it was rezoned. The City -- that was the only way
the City, at the time, could make sure that we would come back every time we had a parcel to
build out.
Vice Chairman Winton: Oh.
Ms. Garcia -Toledo: Now, the three parcels -- Bay Parc Plaza Tower, Opera Tower -- Bay Parc
Plaza is built out and fully occupied; Opera Tower is under construction, and this is the third
piece of the puzzle, and it will now have this MUSP (Major Use Special Permit).
Chairman Gonzalez: All right, and you accept the conditions, right?
Ms. Garcia -Toledo: Yes, sir.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
address this item, please come forward.
Commissioner Sanchez: Ma'am, would you like to speak on the item? Would you like to ask any
questions or --?
Vice Chairman Winton: You must step --
Ms. McIntyre: I'd like to know the nature of the changes to an already Major Use Special
Permit, and take this opportunity to say that we can't wait for Miami 21 to be in place so that our
zoning is going to be predictable and 1 won't have to be here to find out what more they're asking
for --
Commissioner Sanchez: I agree.
Ms. McIntyre: -- and it's more and more and more, and 1 want to hear what this "more" is and
how it's going to impact us at the Miami Woman's Club. The last rainstorm we had, we were
absolutely flooded in the streets there; you couldn't get through because there's no place for
water to drain anymore. That's one small impact of what's going on down there, and I just want
to know what more do they need? There's already so much more there.
Chairman Gonzalez: Thank you, ma'am.
Ms. Garcia -Toledo: Through the Chair, if I may --
Chairman Gonzalez: Yes, please.
Ms. Garcia -Toledo: -- address. The flooding issue is a problem that Bayshore Drive is below
flood elevation. One of your capital improvements for this area is that the grade of that road is
going to come up, so that's not a problem created by any of the projects there. It is just an
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inherent problem when the streets were laid in, and that is being addressed through your CIP
(Capital Improvements Program) program.
Chairman Gonzalez: All right.
Commissioner Sanchez: All right.
Chairman Gonzalez: OK.
Commissioner Sanchez: Public hearing is closed?
Vice Chairman Winton: Now, the question --
Chairman Gonzalez: Public hearing is closed.
Vice Chairman Winton: I'm sorry.
Chairman Gonzalez: Comes back to the --
Vice Chairman Winton.: The question about what's different, and she may have put that on the
record, but I sat down a little --
Ms. Garcia -Toledo: The d4erence is that the third tower that was approved two or three years
ago with Opera Tower called for indus -- industrial. Excuse me -- institutional use with the idea
that the -- that third tower would be used for some maybe educational -related activities. Right
now there is more of a demand for hotel, and so we are taking what is permitted under the land
use and zoning in this parcel of land and creating office space, which we think are going to be in
demand due to the PAC (Performing Arts Center) in the area, and putting in a new hotel of 350
rooms.
Ms. Slazyk: That's right. I was --
Vice Chairman Winton: OK.
Ms. Slazyk: -- just going to explain it to you, yeah.
Chairman Gonzalez: All right.
Vice Chairman Winton: I'm going to move PZ.1 --
Commissioner Sanchez: Second.
Vice Chairman Winton: -- and got a couple comments.
Chairman Gonzalez: OK.
Commissioner Spence -Jones: And I have a comment.
Chairman Gonzalez: We have a motion and a second on PZ.I. Discussion. Mr. Vice Chairman,
you're recognized.
Vice Chairman Winton: First of all, I think that this is an appropriate project for this specific
site. I think it fits perfectly in with what Miami 21 does represent relative to grouping high
density stuff, so I think that -- I think this is a perfect fit and it's not far from transit, and that's a
perfect fit. I would -- and I think the design of this project is -- at least what I can see of it so far
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-- really looks spectacular. I think there's two requests I have. One is that the Miami Woman's
Club is a very, very crucial institution in the area. I know that the developer, Tibor Hollo, has
said that many times himself and I would hope that y'all could do some things in conjunction
with the development of this project to help us move the Miami Woman's Club in the direction
that we want to move the Miami Woman's Club in, and you know, that's -- there's some -- maybe
y'all could help do a little adoption of the Miami Woman's Club to help with some of those
issues, and the other issue is related to hiring. This has worked particularly well downtown.
We've been trying to work out a program with that -- what's that --
Commissioner Spence -Jones: South Florida --
Vice Chairman Winton: -- damned agency --
Commissioner Spence -Jones: Work.
Vice Chairman Winton: -- that collects --
Commissioner Spence -Jones: South Florida Work?
Vice Chairman Winton: -- all the money? -- South Florida Work Force. Let's see, 1 think for
three years now, I've been trying to work out a program in South Florida Work Force that
collects all the money to do job training in the City of Miami. We still don't have a program
worked out with them, but the developers downtown created a -- their own -- when we call it
Miami Works -- their own work force program that they've essentially funded; they've operated
through volunteers, and Tim Weller's the key guy that's really run that with MDM, and I would
encourage you all to team up with them because you don't have to reinvent the wheel. They're
doing a great job of going out and recruiting qualified, entry-level people from the City of Miami
to get into the construction industry, and so this is a perfect vehicle, and so I want to encourage
you all to do the same thing; work with them so that we can get those entry-level jobs in a great
industry, which is construction, get these people trained and in the workforce, and once we train
them, as you all know, they'll be in the workforce forever, and so that's my other request.
Otherwise, I'm fine.
Commissioner Spence -Jones: I just want to also add that I think this is a great project definitely
in that particular area. One of the things I can really, you know, say about it is, you know, not
just only from the perspective of providing, you know, jobs to complete the building, which I
think is awesome; it is also going to provide jobs on a en -- from an entry-level perspective, you
know, once the building gets there, long-term jobs, which is very, very important. Being so close
to the Overtown area, the Wynwood area, a lot -- there's going to be a lot of entry-level positions
that could be made available to, you know, residents. Only thing 1 would ask, Vicky, is that we
at least try to work along with, I guess, the Miami Works or --
Vice Chairman Winton: Right.
Commissioner Spence -Jones: -- South Florida Work Force to --
Vice Chairman Winton: No, Miami Works, because South Florida Work Force --
Commissioner Spence -Jones: OK.
Vice Chairman Winton: -- doesn't work.
Commissioner Spence -Jones: OK -- South Florida Work Force to assist with the hotel training
part of it; maybe there's some sort of training piece that could be added to this so that local
residents can really benefit from a project actually coming.
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Jerome Hollo: Good afternoon, Commissioners. Jerome Hollo, here for the developer. We will
definitely --
Vice Chairman Winton: Name.
Mr. Hollo: Jerome Hollo. We will definitely work with Tim and Miami Works once we get this
up and running and have a place to be able to train the people, and as far as the Miami
Woman's Club, we've always felt that that's an important and integral part of that Omni area,
downtown area there, so we're happy to work with them as well.
Vice Chairman Winton: Great.
Chairman Gonzalez: All right. This is a resolution, right?
Commissioner Spence -Jones: Um -hum.
Ms. Garcia -Toledo: Yes.
Mr. Fernandez: Yes.
Chairman Gonzalez: So all in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
PZ.2 06-00376mu RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO.
11000, AS AMENDED, FOR THE WEST BRICKELL CENTRE PROJECT, TO
BE LOCATED AT APPROXIMATELY 240-270 AND 290 SOUTHWEST 10TH
STREET AND 245, 251-253, 255 AND 267 SOUTHWEST 11TH STREET,
MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 165-FOOT,
14-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF
APPROXIMATELY 192 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH
RECREATIONAL AMENITIES; APPROXIMATELY 2,780 SQUARE FEET OF
ANCILLARY RETAIL SPACE; AND APPROXIMATELY 323 TOTAL PARKING
SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR")
BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND
STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
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06-00376mu 1- Cover -West Brickell.pdf
06-00376mu 2 - Table of Contents.pdf
06-00376mu TAB A - Letter of Intent.pdf
06-00376mu TAB B - MUSP Application.pdf
06-00376mu TAB C - Zoning Write-up.pdf
06-00376mu TAB D - Legal Description.pdf
06-00376mu TAB E - Aerial.pdf
06-00376mu TAB F - Atlas Page 37.pdf
06-00376mu TAB G - Old Project Data Sheet.pdf
06-00376mu TAB H - Warranty Deeds and Tax Forms.pdf
06-00376mu TAB I - Ownership List and Mailing Labels.pdf
06-00376mu TAB J - State of Florida Corporate Documents.pdf
06-00376mu TAB K - Directory of Project Principals.pdf
06-00376mu TAB L - Project Description.pdf
06-00376mu TAB M - Minority Construction Employment Plan.pdf
06-00376mu TAB N - Sufficiency Letter and Traffic Study.pdf
06-00376mu TAB 0 - Site Utility Study.pdf
06-00376mu TAB P - Economic Impact Study.pdf
06-00376mu TAB Q - Drawings.pdf
06-00376mu - PAB Fact Sheet.pdf
06-00376mu - PAB Analysis.pdf
06-00376mu - Zoning Map.pdf
06-00376mu - Aerial Photo.pdf
06-00376mu - IDRC Comments (1.31.06).pdf
06-00376mu - Traffic Sufficency Letter (1.31.06).pdf
06-00376mu - UDRB Reso (1.18.06).pdf
06-00376mu - MDAD Comments (12.22.05).pdf
06-00376mu - School Board Comments (12.18.05).pdf
06-00376mu - Public Works Comments (12.16.05).pdf
06-00376mu - PAB Legislation.pdf
06-00376mu - Exhibit A.pdf
06-00376mu - Exhibit B.pdf
06-00376mu TAB G - Revised Project Data Sheet.pdf
06-00376mu PAB Reso.pdf
06-00376mu Revised School Impact Analysis.pdf
06-00376mu CC Analysis.pdf
06-00376mu CC Legislation.pdf
06-00376mu CC Fact Sheet.pdf
REQUEST: Major Use Special Permit for the West Brickell
Centre Project
LOCATION: Approximately 240-270 and 290 SW 10th Street
and 245, 251-253, 255 and 267 SW 11th Street
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Tiner
USA, Inc.
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with
conditions*.
PLANNING ADVISORY BOARD: Recommended approval with
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conditions* on April 5, 2006 to City Commission by a vote of 9-0.
*See supporting documentation.
PURPOSE: This will allow the development of the West Brickell
Centre project.
Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones
Absent: 2 - Commissioner Winton and Regalado
R-06-0338
Chairman Gonzalez. PZ.2.
Vicky Garcia -Toledo: Thank you.
Lourdes Sla--yk (Assistant Director, Planning & Zoning): PZ.2 is the West Brickell Center Major
Use --
Jerome Ho/lo: Thank you.
Ms. Slazyk: -- Special Permit. This is located at approximately 240 to 270 and 290 Southwest
10th Street, and 245, 251, 253, 255, and 267 Southwest 11 th Street. This project consists of a
14-story high mixed -use structure with 192 multifamily residential units. It's been recommended
for approval with conditions in your package from the Planning Advisory Board and also the
Planning Department. The conditions have to do with -- there are some design -related
conditions having to do with final landscape plan requiring review and approval; retail space
shall be oriented to the street in order to activate the street and provide entrance to pedestrians.
We want this retail space to have entrances from the public sidewalk, and also the articulation of
the parking garage on the east and west sides of the property need to be detailed with screening
within the opening so that the cars and garage lights are hidden from view and will not disturb
inhabitants of the adjacent properties. With these conditions, we recommend approval.
Chairman Gonzalez: All right. Good afternoon.
Ben Fernandez: Good afternoon, Mr. Chair, members of the Board. Ben Fernandez, 200 South
Biscayne Boulevard, on behalf of the property owner and the developer. This is in an area of
West Brickell that is in dire need of redevelopment. It start -- finally starting to happen between
95 and 2nd Avenue. We're in accordance with all of the Department's conditions. We don't have
any objectors. We had a favorable recommendation from the Planning Advisory Board and from
the UDRB (Urban Development Review Board). This is a project that's near two city parks, near
95, near a Metrorail station, near major transit; it's geared toward young professionals, and
we're here to answer any questions that you have regarding the project.
Chairman Gonzalez: Thank you. This is a public hearing. Anyone from the public that wants to
speak in opposition or in favor of this project, please come forward. Seeing none, hearing none,
the public hearing is closed; comes back to the Commission.
Commissioner Sanchez: So moved.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: We have a motion and we have a second. It's a resolution. All in favor,
say "aye."
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The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
Commissioner Sanchez: I'm sorry. Did it have any conditions?
Chairman Gonzalez: Yeah, with conditions.
Ms. Slazyk: With conditions.
Commissioner Sanchez: OK.
Chairman Gonzalez: With conditions. They say they accept the conditions.
Commissioner Sanchez: For the record, approved with conditions.
Chairman Gonzalez: Pardon me?
Commissioner Sanchez: With conditions.
Chairman Gonzalez: With conditions, right. They said that they will accept the conditions.
PZ.3 06-00386mu RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO.
11000, AS AMENDED, FOR THE SEVEN 7 PROJECT, TO BE LOCATED AT
APPROXIMATELY 2728 NORTHEAST 2ND AVENUE, 169 NORTHEAST
27TH STREET AND 167 NORTHEAST 28TH STREET, MIAMI, FLORIDA, TO
CONSTRUCT AN APPROXIMATE 183-FOOT, 18-STORY HIGH MIXED -USE
STRUCTURE TO BE COMPRISED OF APPROXIMATELY 88 TOTAL
MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES;
APPROXIMATELY 4,018 SQUARE FEET OF RETAIL SPACE; AND
APPROXIMATELY 139 TOTAL PARKING SPACES; PROVIDING FOR
CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING
TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
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06-00386mu Outside Cover.PDF
06-00386mu Table of Contents.pdf
06-00386mu TAB A - Letter of Intent.pdf
06-00386mu TAB B - MUSP Application.pdf
06-00386mu TAB C - Zoning Write-Up.pdf
06-00386mu TAB D - Legal Description.pdf
06-00386mu TAB E - Aerial.pdf
06-00386mu TAB F - Zoing Atlas Page 23.pdf
06-00386mu TAB G - Project Data Sheet.pdf
06-00386mu TAB H - Warranty Deeds & Tax Forms.pdf
06-00386mu TAB I - Ownership List & Mailing Labels.pdf
06-00386mu TAB J - State of Florida Corporate Documents.pdf
06-00386mu TAB K - Directory o Project Principals.pdf
06-00386mu TAB L - Project Description.pdf
06-00386mu TAB M - Minority Construction Employment Plan.pdf
06-00386mu TAB N - URS Letter and Traffic Impact Analysis.pdf
06-00386mu TAB 0 - Site Utility Study.pdf
06-00386mu TAB P - Economic Impact Analysis.pdf
06-00386mu TAB Q - Site Plans of Property.PDF
06-00386mu - PAB Fact Sheet.pdf
06-00386mu - PAB Analysis.pdf
06-00386mu - PAB Legislation.pdf
06-00386mu - Exhibit A.pdf
06-00386mu - Exhibit B.pdf
06-00386mu - Zoning Map.pdf
06-00386mu - Aerial Photo.pdf
06-00386mu - IDRC Comments (2.15.06).pdf
06-00386mu - UDRB Reso (2.15.06).pdf
06-00386mu - Traffic Sufficency Letter (1.16.06).pdf
06-00386mu - MDAD Comments (12.1.05).pdf
06-00386mu - School Board Comments (11.16.05).pdf
06-00386mu - Public Works Comments (11.15.05).pdf
06-00386mu PAB Reso.pdf
06-00386mu Revised School Impact Analysis.pdf
06-00386mu CC Analysis.pdf
06-00386mu CC Legislation.pdf
06-00386mu CC Fact Sheet.pdf
REQUEST: Major Use Special Permit for the Seven 7 Project
LOCATION: Approximately 2728 NE 2nd Avenue, 169 NE 27th
Street and 167 NE 28th Street
APPLICANT(S): Ben Fernandez, Esquire, on behalf of R & L
Development, LLC
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with
conditions*.
PLANNING ADVISORY BOARD: Recommended approval with
conditions* to City Commission on April 5, 2006 by a vote of 9-0.
*See supporting documentation.
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PURPOSE: This will allow the development of the Seven 7
project.
Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones
Absent: 1 - Commissioner Regalado
R-06-0339
Chairman Gonzalez: All right, PZ3.
Lourdes Sla_ryk (Assistant Director, Planning & Zoning): PZ.3 is a Major Use Special Permit
for a project called Seven 7. It is located at approximately 2728 Northeast 2nd Avenue, 169
Northeast 27th Street, and 167 Northeast 28th Street. It's within the Wynwood/Edgewater NET
(Neighborhood Enhancement Team) district. The project will be an 18-story high mixed -use
structure. 1t will have approximately 88 multifamily residential units, 4,000 square feet of retail
space, and approximately 139 parking spaces. The Planning Department is recommending
approval. The condition here -- there is a condition here about their parcel three. There's a
parcel that's located across the street from the property that they have combined with this
property for the additional FAR (floor/area ratio), and they're proposing to leave that area as a
recreational area to serve the project. We're recommending that the additional FAR provided by
this piece of property be excluded from the project, in that the smaller lot will remain unbuilt and
thus resulting in a parcel that is out of scale with the neighborhood. We also believe that the
first two floors within the garage have to be modified to allow internalized loading off of 28th
Street and the amenity deck above the commercial •space shall be added to the landscape plans
and detailed before they get a building permit, and if -- with those conditions, we recommend
approval.
Chairman Gonzalez: All right.
Ben Fernandez: Thank you.
Chairman Gonzalez: Yes, sir.
Mr. B. Fernandez: Mr. Chair, members of the Board, again, Ben Fernandez, 200 South
Biscayne Boulevard, here on behalf of the property owner, R.L. Development. With me is our
project architect, Mr. Dean Lewis. This is a project that is on the west side of 2nd Avenue. It's
across from the Edgewater overlay SD-20 special district. We believe that this is a project that's
going to help to close the gap between development on -- along Biscayne Boulevard and
development in Midtown. This is just south of the Midtown area. It's -- everything between 2nd
Avenue and the FEC (Florida East Coast) railway is entirely zoned C-1 and C-2. There is a
little new development in this area. This is one of the new projects coming to the area. We think
it's a very exciting project. Your UDRB (Urban Development Review Board) recommended
approval of it, as did your Planning Advisory Board. The project does have a separate lot that
Lourdes mentioned, which is across 28th Street, a small lot that we intend to utilize as a
handball court. It's a very small. It's approximately 4,000 square feet, Dean, approximately, in
size?
Dean Lewis: Thirty-seven hundred.
Mr. B. Fernandez: Thirty-seven hundred square feet subsize lot, and that's the only thing that we
could really do for it, but it's a nice amenity; it's very dierent for the area, so we would ask that
you approve the project without the condition that staff mentioned with regard to this particular
lot because we think that it is a positive amenity for the product, and 1-- and Mr. Lewis is here;
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he can walk you through the plan, if you're interested in hearing more about it.
Vice Chairman Winton: Before you go there, could 1 hear your comment then about --
Commissioner Sanchez: Yeah.
Vice Chairman Winton: -- the lot again?
Commissioner Spence -Jones: Yeah, because --
Ms. Slazyk: This is a little lot that's across the street --
Vice Chairman Winton: Right.
Ms. Slazyk: -- and what they're doing by including it in the project, all the FAR goes to the
project. That means that this pretty much stays an unbuildable lot, and what they're doing is
using it as amenity space for the people that live in this project to have a squash or racquetball
or handball court over there.
Commissioner Spence -Jones: So is it going to be for the public? I mean, can the public --
Ms. Slazyk: 1--
Commissioner Spence -Jones: -- utilize it?
Ms. Slazyk: -- don't know if they've --
Vice Chairman Winton: No, no, no, no.
Mr. B. Fernandez: It is for the public.
Ms. Slazyk: They've --
Mr. B. Fernandez: It will be --
Ms. Slazyk: -- opened it for the public?
Mr. B. Fernandez: -- for the public.
Commissioner Spence -Jones: Oh --
Mr. B. Fernandez: It will be.
Commissioner Spence -Jones: -- so it's public use?
Mr. B. Fernandez: Yes.
Mr. Lewis: Yes, absolutely.
Vice Chairman Winton: Well -- but how big is this lot again?
Mr. B. Fernandez: Thirty-seven.
Mr. Lewis: Thirty-seven hundred.
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Vice Chairman Winton: What can you build on 3700 square feet anyhow?
Mr. Fernandez: Yeah, exactly.
Ms. Slazyk: A residence.
Vice Chairman Winton: I beg your pardon?
Ms. Slazyk: A residence. It's an undersized property, but you can build on it.
Mr. B. Fernandez: But the area is entirely zoned C-I and C-2 --
Vice Chairman Winton: Yeah, yeah.
Ms. Slazyk: I know.
Mr. B. Fernandez: -- so it's unlikely.
Vice Chairman Winton: You're not going to build a --
Ms. Slazyk: 1--
Vice Chairman Winton: -- single-family house here.
Ms. Slazyk: Well, the thing is -- taking that FAR to make something bigger on one side of the
street that will forever leave that -- instead of merging it with properties on its own side of the
street, it will forever stay nothing, other than a racquetball court --
Vice Chairman Winton: Or green.
Ms. Slazyk: -- or green -- well --
Commissioner Spence -Jones: Or a overgrown lot.
Ms. Slazyk: Or an overgrown lot.
Vice Chairman Winton: Or an overgrown lot.
Ms. Slazyk: It's leaving something that's going to always be out of scale, unless it's merged with
another piece of property on its own side of the street and developed, you know, in accordance
with -- yeah.
Vice Chairman Winton: Well, how many square feet did they get to transfer over?
Ms. Slazyk: I don't know the exact number.
Mr. Lewis: Seven thousand square feet, and we --
Ms. Thompson: I'm sorry. I need your name for the record, please.
Chairman Gonzblez: Your name, right.
Mr. Lewis: Sorry. Dean Lewis, architect. Seven thousand square feet, approximately, and --
Ms. Slazyk: Plus it's bonuses.
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Mr. Lewis: No. That's -- that is --
Ms. Slazyk: That's with the bonuses?
Mr. Lewis: With the bonus, yeah, and we are still within the C-1 zoning envelope. We're not
increasing or asking for any height additions. It's really not even a full floor.
Commissioner Spence -Jones: Are they --
Mr. Lewis: We have eight units afloor. We thought that was actually a better contribution than
to try to build something on that lot that was clumsy and awkward and wouldn't work, and you
try and go multifamily there, which is what is appropriate for its zoning, it -- the geometry
doesn't work, and to allow public access to a cool amenity like a primarily green space
opens -to -sky squash court we thought would be great. In addition, we also have a second park
attached to the site on the north/west corner.
Commissioner Spence -Jones: Can 1 ask a question. Is this a res -- across the street is -- from
what I'm seeing here, is this residential at all or just all commercial?
Mr. Lewis: Commercial.
Commissioner Spence -Jones: So there's not even no housing over there at all.
Mr. Lewis: That's right.
Vice Chairman Winton: This is all commercial.
Chairman Gonzalez: Commercial.
Mr. Lewis: Exactly.
Mr. B. Fernandez: All the way to the FEC.
Vice Chairman Winton: Right.
Commissioner Spence -Jones: So the only person really that's going to be using the squash ball
or racquetball court is the -- OK.
Vice Chairman Winton: And I'm sorry; I interrupted you. You were putting your comments on
the record, so I -- you should continue.
Mr. Lewis: No, other than the fact that we're very excited about the project. It's a single -loaded,
elegant, concaved curvedfacade with a two-story brise-solei! component; a roof terrace,
panoramic pool opponent on the roof as I mentioned, that offers a new image presence for this
in-between, underdeveloped area just south of Midtown Miami, which is 35 stories; this is only
17. The parking block is totally integrated into the project. We have a two-story retail on the
street; eyes on the street are assured. There's a secondary amenity terrace on top of the roof of
the retail, as you can see in the perspectives, and we're offering fabulous views of the bay, north
and south as well, in the project, so we hopefully will receive your recommendation for approval.
Any other questions of -- be available.
Chairman Gonzalez: All right. This is a --
Commissioner Spence -Jones: It's actually a beautiful project, and I think that it's definitely
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going to do a lot for that area to begin bringing it up. I'm just glad that you guys proffered
adding the -- what is it, squash ball?
Mr. Lewis: Yes, yeah.
Commissioner Spence -Jones: Is that like racquetball?
Mr. Lewis: Yeah, it is.
Commissioner Spence -Jones: OK.
Mr. Lewis: It's handball or racquetball. You can play on the same court.
Commissioner Spence -Jones: So that -- I think that's -- that would definitely be a great amenity
to the area that does not have any residential, but 1 would just like to --
Mr. Lewis: Thank you.
Commissioner Spence -Jones: -- recommend, though, because you are in the heart of Wynwood
and I'm always trying to support local artists from the Wynwood area, I would like to see you
guys infuse some art from local artists in the area.
Mr. Lewis: Absolutely.
Commissioner Spence -Jones: I mean, that provides them with a great opportunity to expose
their works.
Mr. Lewis: We have it --
Ms. Slazyk: Adding that as a condition?
Mr. Lewis: -- planned for the park that's attached to the northwest corner of this site.
Commissioner Spence -Jones: Thank you, Ms. Lourdes.
Ms. Slazyk: 1 was just asking --
Chairman Gonzalez: All right. This is a --
Ms. Slazyk: -- if that's going to be added as a condition or --?
Commissioner Spence -Jones: I would like that to be added --
Ms. Slazyk: OK.
Commissioner Spence -Jones: -- to the condition, if possible.
Ms. Slazyk: All right.
Vice Chairman Winton: What's that?
Commissioner Spence -Jones: Just -- it's in the Wynwood area; just the local artists in the area.
If they're going to utilize art in the project, to consider the local artists --
Vice Chairman Winton: Right, absolutely.
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Commissioner Spence -Jones: -- in the Wynwood area.
Vice Chairman Winton: I'm a hundred percent in favor.
Commissioner Spence -Jones: Sure.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
address the Commission on this item --
Vice Chairman Winton: Lourdes --
Chairman Gonzalez: -- please come forward.
Vice Chairman Winton.: -- somebody behind you wants to get to the microphone.
Chairman Gonzalez: Lourdes, someone behind you --
Commissioner Spence -Jones: Somebody behind you.
Chairman Gonzalez: -- wants to use the mike.
Darrell Roberts: I just -- my name is Darrell Roberts. I live in 1825 Northwest 5th Place. I just
wanted to find out what location this project is going to be built at?
Vice Chairman Winton: It's just south of 29th Street on 2nd Avenue.
Mr. Roberts: Second Avenue?
Commissioner Spence -Jones: Yeah.
Chairman Gonzalez: And 29th Street.
Commissioner Spence -Jones: You can come around and take a look in the front, if you want.
Mr. Roberts: Yeah, take a look.
Vice Chairman Winton: See, Midtown's above it.
Commissioner Spence -Jones: See that big open lot over there? He may not know what Midtown
is. See the big empty lot up top? Show him up top. There's already a major development
happening on that corner.
Vice Chairman Winton: It's on 29th Street.
Unidentified Speaker: (INAUDIBLE).
Vice Chairman Winton: Well, I don't know if that's Wynwood or not. That's not Wynwood.
That's almost Edgewater.
Mr. Lewis: It's 27th and 281h.
Vice Chairman Winton: Yeah.
Commissioner Spence -Jones: It's not Overtown.
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Chairman Gonzalez: All right. Anyone else from the public? Seeing none, hearing none, the
public hearing is closed; comes back to the Commission.
Vice Chairman Winton: I'd like to move PZ.3, but I don't want to include Lourdes's --
Mr. B. Fernandez: Condition.
Ms. Slazyk.: You want to exclude condition 11 a.
Vice Chairman Winton: Bingo.
Commissioner Sanchez: Second.
Commissioner Spence -Jones: Wait, wait, wait, wait. What are we saying now? We want to
exclude --
Vice Chairman Winton: I'm excluding --
Ms. Slazyk: You're letting --
Commissioner Spence -Jones: -- the squash ball thing?
Vice Chairman Winton: I'm -- no. I'm -- we're allowing squash ball --
Commissioner Spence -Jones: OK.
Jorge L. Fernandez (City Attorney): Right.
Vice Chairman Winton: -- and we're allowing them to transfer the development rights --
Mr. Fernandez.: Exactly.
Vice Chairman Winton: -- from the squash ball court to the primary project.
Ms. Slazyk: Exactly.
Mr. Fernandez.: Right.
Ms. Slazyk: -- so you're exclude -- it's approval with the conditions, excluding 11a.
Mr. Fernandez: Exactly.
Vice Chairman Winton: Correct. So moved.
Chairman Gonzalez: All right. We have a motion and we have a second with excluding
condition 11a, is that correct?
Ms. Slazyk: Correct, correct.
Chairman Gonzalez: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right.
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Priscilla A. Thompson (City Clerk): Chair --
Chairman Gonzalez: The --
Ms. Thompson: -- I just -- Chair, if 1 could. I'm sorry. I just want to make sure the record is
correct. Excluding that condition, Lourdes, does that now modem your resolution?
Ms. Slazyk: Correct.
Ms. Thompson: Thank you.
Chairman Gonzalez: All right.
Mr. Lewis: Thank you very much.
Chairman Gonzalez: The Planning agenda is going to stand in recess until 2:30 this afternoon.
Commissioner Sanchez: Let's do 4.
Chairman Gonzalez: Pardon me?
Commissioner Sanchez.: Let's do 4.
Vice Chairman Winton: I got --
Ms. Slazyk: What time?
Chairman Gonzalez: It's 2:30 -- it's 12:30.
Vice Chairman Winton: Yeah.
Ms. Slazyk: 2:30.
Vice Chairman Winton: I gotta go.
Commissioner Sanchez: All right. Well, one of the Commissioner has --
Chairman Gonzalez: 12:30.
Commissioner Sanchez: -- to go; come back.
PZ.4 06-00402mu RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO.
11000, AS AMENDED, FOR THE 1080 BRICKELL PROJECT, TO BE
LOCATED AT APPROXIMATELY 1110 BRICKELL AVENUE, MIAMI,
FLORIDA, TO CONSTRUCT AN APPROXIMATE 491-FOOT, 43-STORY HIGH
MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 315
TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL
AMENITIES; APPROXIMATELY 1,250 SQUARE FEET OF RETAIL SPACE;
AND APPROXIMATELY 691 TOTAL PARKING SPACES; PROVIDING FOR
CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING
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TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE
DATE.
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- PAB Fact Sheet.pdf
- PAB Analysis.pdf
- Zoning Map.pdf
- Aerial Photo.pdf
- ZB Minutes Page (3.27.06).pdf
- Traffic Sufficency Letter (1.31.06).pdf
- IDRC Comments (1.31.06).pdf
- UDRB Resos (1.18.06).pdf
- School Board Comments (1.4.06).pdf
- Public Works Comments (12.22.05).pdf
- Aviation Comments (12.22.05).pdf
- PAB Legislation.pdf
- Exhibit A.pdf
- Exhibit B.pdf
MUSP PAB Reso.pdf
MUSP CC Analysis.pdf
Variance CC Fact Sheet.pdf
Variance CC Analysis.pdf
Variance ZB Reso.pdf
CC Legislation.pdf
MUSP CC Fact Sheet.pdf
Outside Cover.PDF
Inside Cover.PDF
Table of Contents.PDF
I. Project Information.PDF
Tab A - Letter of Intent.PDF
Tab B - Major Use Special Permit Applications.PDF
Tab C - Zoning Write -Up with Plans (Version 1).PDF
Tab C - Zoning Write -Up with Plans (Version 2).PDF
Tab D - Zoning Atlas.PDF
Tab E - Project Data Sheet.PDF
Tab F - Special Warranty Deed.PDF
Tab G - Ownership List.PDF
Tab H - State of Florida Documents.PDF
Tab I - Owner Authorization Letter.PDF
Tab J - Directory of Project Principals.PDF
II. Project Description.PDF
III. Supporting Documents.PDF
Tab 1 - Minority Construction Employment Plan.PDF
Tab 2 - Traffic Impact Analysis.PDF
Tab 3 - Site Utility Study.PDF
Tab 4 - Economic Impact Study.PDF
Tab 5 - Survey of Property.PDF
Tab 6 - MUSP without Variance (Version 1).PDF
Tab 6 - MUSP with Variance (Version 2).PDF
REQUEST: Major Use Special Permit for the 1080 Brickell
City of Miami Page 111 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
Project
LOCATION: Approximately 1110 Brickell Avenue
APPLICANT(S): Adrienne F. Pardo, on behalf of 1080 Brickell
LLC, as Contract Purchaser and 1110 Brickell Venture Par LLC,
as Owner
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with
conditions*.
PLANNING ADVISORY BOARD: Recommended approval with
conditions* to City Commission on April 19, 2006 by a vote of
8-0.
ZONING BOARD: Recommended denial of a Variance to City
Commission on March 27, 2006 by a vote of 4-2.
*See supporting documentation
PURPOSE: This will allow the development of the 1080 Brickell project.
Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0341
Chairman Gonzalez: PZ 4. PZ 4.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.4 is a Major Use Special Permit
for the 1080 Brickel1 project. This is a Major Use Special Permit for a 43-story high mixed -use
structure. It'll be comprised of approximately 315 multifamily residential units with recreational
amenities, 1,250 square feet of retail space, and 691 total parking spaces. This does include
FAR (floor/area ratio) bonuses. It's been recommended for approval with conditions by the
Planning Department, and approval with conditions by the Planning Advisory Board. The
Planning Department conditions related to design have to do with additional details needed to
be provided for the louvers on the garage screening with enlarged views, colors, materials, and
wall section. As they continue designing this, we want to see what their final details are,
including the aesthetic look with block lighting for at night. The north garage elevation has to
include some architectural features resembling the rest of the building to break up the massive
wall of louvers, and the landscape plan has to include the entire site, including the existing 1110
office building. What you really have before you tonight is two options, an option A and an
option B, one with variance and the other without, and I'll let the applicant explain that to you.
Chairman Gonzalez: Good afternoon.
Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue.
I'm here today on Mr. -- on behalf of Mr. Alan Ojeda, the developer of Rilea Group, has a
contract for purchase on the subject property. This property is located at 1080 Brickell Avenue,
and it's located between Brickell Avenue on the east side and Southeast lst Avenue on the west
side, and the picture that you have in front of you, the building fronts on Southeast 1st Avenue,
where you -- we have a picture, a rendering of the building right here. We're requesting a Major
Use Special Permit. We have a total of 315 units; 784 allowed on this particular site. This
building is located in the SD-5 Brickell district. It's a total of 43 stories. It's very much in
context with what is going on in this particular neighborhood. Directly to the north of this
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City Commission
Meeting Minutes May 25, 2006
property is 1060 Brickell Avenue; that has two towers that are under construction at the current
time, and then to the direct south is the Colonial Bank building. We have two versions, that
Lourdes had mentioned, before you. We've been working on this project for a long time when we
filed the Major Use Special Permit, and just for the record, we do accept the conditions of staff.
We've gone before the Urban Development Review Board, and when we were before the board,
they had suggested that we should file for a variance and move the project closer to Southeast
1st Avenue. That moves it about ten feet closer, so we had filed an application. We paid for the
variance application on that, and we had filed an alternative without it being ten feet closer.
This is in keeping, though, with the area. Across the street, it's zoned SD-7, and actually, there
are no setbacks for the property right across the street. This one, we still have a ten foot
setback, and then we --
Vice Chairman Winton: Right across --
Ms. Pardo: -- have these --
Vice Chairman Winton: -- which street?
Ms. Pardo: Southeast 1st.
Vice Chairman Winton: OK.
Ms. Pardo: Southeast 1st -- so we have the -- we have a ten foot setback, and we have a
rendering over there. You can see like a plaza area, and then we will also have the sidewalk
area, so you still have a great deal of area, about additional 15 feet in front there where the
building is still set back from the street. It's approximately like 25 feet. We went before the
Planning Advisory Board, and they recommended approval of this project. We went before the
Zoning Board with regards to the variance. There was a motion for approval, and it was a vote
of 4/2 to approve. There is a provision, though, in the regulations for the Zoning Board that you
have to have five votes for approval, so it was a technical denial, but we did have the majority of
the board. We're requesting that you approve it with the variance, and we think it's going to be a
great addition for this particular area. It's a beautifully designed building. I have Mr. Ojeda
here who'd like to talk to you. We are requesting some affordable housing bonus. It's
approximately a million dollars that will be going into the Affordable Housing Trust fund, and
then there is the -- it's just a -- like a -- two percent of the PUD (Planned Unit Development)
bonus. We're not requesting the full amount of the PUD bonus, nor are we requesting the full
amount of the number of units that could be built on this particular site, so at this point in time,
I'd like Mr. Ojeda to talk to you briefly, and then we can answer any questions that you might
have.
Alan Ojeda: Good afternoon. Alan Ojeda, 1000 Brickell Avenue. Mr. Chair, Mr. Vice Chair,
Commissioners, thank you very much for this opportunity. 1 would like, first of all, to thank staff
for all the help that they have guide us through all these process and for their recommendation
of approval. Aside of what Adrienne said, we also got the Planning Advisory Board 8/0 support.
1 would like to think that our previous and completed projects are liked by our residents, our
tenants, and the public, and this will be no exception. The whole design integrates a full urban,
powerful design, and as Adrienne said, aside of the positive economic impact, we're contributing
around the -- a little bit around a million dollars to the affordable housing bonuses, and the
other final thing 1 would like to add is that we're exploring deeply these new concepts of green
buildings. Green buildings means less consumption of electricity and more conservation of
water, less pollution, so we're -- we will be looking into all these new avenues that I think that
are a must for our future, for our energy, for clean air, for many reasons, so we were starting to
look into these technical things that -- and having said that, if you have any questions -- thank
you very much.
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City Commission
Meeting Minutes May 25, 2006
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
address the Commission in reference to this item, please come forward. Seeing none, hearing
none, the public hearing is closed; comes back to the Commission. Commissioner Winton.
Commissioner Sanchez: So moved --
Commissioner Spence -Jones: Second.
Commissioner Sanchez: -- with the variance.
Chairman Gonzalez: Pardon me?
Commissioner Sanchez: So moved with the variance, right?
Chairman Gonzalez: Correct?
Vice Chairman Winton: I've got a couple of questions, though. In the documents that I've read,
it says there's 1,250 square feet of retail. Is that accurate?
Ms. Slazyk: One thousand, two hundred and fifty square feet.
Vice Chairman Winton: Well, I'm -- 1,250 square feet is nothing.
Chairman Gonzalez: It's nothing.
Vice Chairman Winton: I mean, you might as well have none, and I'm trying to understand how
that idea fits in terms of what we've been doing, particularly -- you know, 1 know -- I understand
how originally we designed Brickell Avenue, that you had setbacks and didn't --
Ms. Slazyk: Exactly.
Vice Chairman Winton: -- do the kinds of things that we wouldn't allow today. We wouldn't --
the Brickell that we see today wouldn't have been -- the buildings wouldn't have been built the
same way if we were doing it today, but this also backs up on Miami --
Ms. Slazyk: Ist Avenue.
Vice Chairman Winton: -- Avenue or just 1st?
Ms. Slazyk: 1st Avenue.
Ms. Pardo: Just lst. Actually, it's not -- the building isn't directly on Brickell.
Ms. Slazyk: They're building it behind --
Vice Chairman Winton: Oh, it's behind the --
Ms. Slazyk: -- the --
Vice Chairman Winton: -- other --
Ms. Slazyk: -- yes.
Ms. Pardo: Behind the office --
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Meeting Minutes May 25, 2006
Vice Chairman Winton: OK, OK --
Ms. Pardo: -- building, yes.
Vice Chairman Winton: -- so all the more --
Ms. Pardo: It's not on Brickell.
Vice Chairman Winton: -- so --
Ms. Slazyk: That's why they wanted to push it closer to 1st.
Vice Chairman Winton: -- and that's -- and see, I think that's a good idea --
Ms. Slazyk: That's a very good idea.
Vice Chairman Winton: -- but it seems to me there should be more retail on that side because
that's the very area where you've already got more and more and more pedestrian traffic being
generated, people walking from building to building to building, and going from restaurant to
restaurant to whatever they're doing, and 1,200 square feet -- you know, you take that --1 don't
know what that occupies. I can't tell from here whether that's a half a block or a block, but you
almost, in essence, kind of take that out of the picture. I mean, I see a couple little cute little
awnings there, but it's -- I don't -- I just don't know if it has the same impact, and you need to
help me here, and you, too.
Mr. Ojeda: This is 1st Avenue. Brickell is over here, so we have provided this retail. This is
what we have been asked to provide as back of house, meaning the entrance of the trucks, et
cetera, et cetera --
Vice Chairman Winton: Oh, OK.
Mr. Ojeda: -- so what's left -- and well try to rework to come up with as much room as we can,
is this --
Vice Chairman Winton: There's not much left, yeah.
Mr. Ojeda: -- so --
Vice Chairman Winton: Yeah. I understand the issue.
Ms. Slazyk: They only have a small street frontage. Their --
Vice Chairman Winton: Very.
Ms. Slazyk: -- long side is an interior block.
Commissioner Sanchez: There's not much left.
Vice Chairman Winton: Yeah, and --
Mr. Ojeda: No.
Vice Chairman Winton: -- well -- and so that takes away the argument that I was making
because the fact of the matter is the walking distance is very, very short. It isn't this long wall
where there's no activity there. In fact, half of their walking distance, or a third of it -- because a
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City Commission
Meeting Minutes May 25, 2006
third of it is the entryway, a third of it's retail, and the other third is, I'm going to assume, your
lobby.
Ms. Slazyk: The residential --
Mr. Ojeda: Yes.
Ms. Slazyk: -- lobby.
Vice Chairman Winton: Yeah, OK, so I'm OK.
Ms. Slazyk: If anything, maybe they can rework and get the residential lobby a little smaller, but
it's not going to make that much more square --
Vice Chairman Winton: Yeah, but you don't want --
Ms. Slazyk: -- footage.
Vice Chairman Winton: -- to ruin your lobby either.
Commissioner Sanchez: All right.
Ms. Slazyk: It's -- yeah, it's kind of moot.
Vice Chairman Winton: I'm done.
Chairman Gonzalez: All right. It's a resolution. We had a motion and a second. All in favor,
say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
Mr. Ojeda: Thank you very much.
PZ.5 06-00384mu RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO.
11000, AS AMENDED, FOR THE AJA ON THE BAY (FKA ELECTRA ON THE
BAY) PROJECT, TO BE LOCATED AT APPROXIMATELY 709 AND 721
NORTHEAST 26TH STREET, AND 700 NORTHEAST 26TH TERRACE,
MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 439-FOOT,
41-STORY HIGH RESIDENTIAL STRUCTURE TO BE COMPRISED OF
APPROXIMATELY 129 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH
RECREATIONAL AMENITIES; AND APPROXIMATELY 150 TOTAL PARKING
SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR")
BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND
STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
City of Miami Page 116 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
06-00384mu - PAB Fact Sheet.pdf
06-00384mu - PAB Analysis.pdf
06-00384mu - PAB Zoning Map.pdf
06-00384mu - Aerial Photo.pdf
06-00384mu - Traffic Sufficency Letter (2.27.06).pdf
06-00384mu - UDRB Reso (2.15.06).pdf
06-00384mu - IDRC Comments (2.15.06).pdf
06-00384mu - Aviation Comments (1.9.06).pdf
06-00384mu - School Board Comments (1.6.06).pdf
06-00384mu - Public Works Comments (1.3.06).pdf
06-00384mu - PAB Legislation.pdf
06-00384mu - Exhibit A.pdf
06-00384mu - Exhibit B.pdf
06-00384mu PAB Reso.PDF
06-00384mu CC Analysis.pdf
06-00384mu CC Zoning Map - MODIF.pdf
06-00384mu CC Legislation.pdf
06-00384mu CC Fact Sheet.pdf
06-00384mu Outside Cover.PDF
06-00384mu Inside Cover.PDF
06-00384mu Table of Contents.PDF
06-00384mu I. Project Information.PDF
06-00384mu Tab A - Letter of Intent.PDF
06-00384mu Tab B - Major Use Special Permit Application.PDF
06-00384mu Tab C - Zoning Write-Up.PDF
06-00384mu Tab D - Zoning Atlas.PDF
06-00384mu Tab E - Project Data Sheet.PDF
06-00384mu Tab F - Deed-Computer.PDF
06-00384mu Tab G - Ownership List.PDF
06-00384mu Tab H - State of Florida Documents.PDF
06-00384mu Tab I - Directory of Project Principals.PDF
06-00384mu II. Project Description.PDF
06-00384mu III. Supporting Documents.PDF
06-00384mu Tab 1 - Minority Construction Employment Plan.PDF
06-00384mu Tab 2 - Traffic Impact Analysis.PDF
06-00384mu Tab 3 - Site Utility Study.PDF
06-00384mu Tab 4 - Economic Impact Study.PDF
06-00384mu Tab 5 - Survey of Property.PDF
06-00384mu Tab 6 - Drawings Submitted.PDF
06-00384MU Analysis for MUSP.pdf
06-00384MU Submittal-Corres..pdf
06-00384MU Submittal -Committee Reso..pdf
06-00384MU Submittal-PAB Reso..pdf
06-00384MU Submittal.pdf
06-00384mu Legislation.Sub.pdf
REQUEST: Major Use Special Permit for the Aja on the Bay Project
LOCATION: Approximately 709 and 721 NE 26th Street, and 700 NE 26th
Terrace
APPLICANT(S): Adrienne F. Pardo, Esquire, and Gilberto Pastoriza, Esquire,
City of Miami Page 1l7 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
on behalf of Electra on The Bay, LLC
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with conditions*.
PLANNING ADVISORY BOARD: Recommended approval with conditions*
excluding condition #11 b in the Development Order to City Commission on May
3, 2006 by a vote of 5-4.
*See supporting documentation
PURPOSE: This will allow the development of the Aja on the Bay project.
Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter
be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado
Absent: 1 - Commissioner Spence -Jones
R-06-0343
Chairman Gonzalez: PZ5.
Lourdes Slazyk (Assistant Director, Planning & Zoning): 5. On 5, we just handed out a revised
PAB (Planning Advisory Board) resolution to you. It -- inadvertently, there was a typo. It said
condition I1B; it should have been condition IIA.
Chairman Gonzalez: For what? For PZ 5?
Ms. Slazyk: Yeah, PZ 5. That was handed out to you a few moments --
Chairman Gonzalez: Yes.
Ms. Slazyk: -- ago.
Chairman Gonzalez: It says revised.
Ms. Slazyk: PZ 5 is a Major Use Special Permit for the Aja on the Bay project. This is located
at 709, 721 Northeast 26 Street.
Chairman Gonzalez: That's the other Electra?
Ms. Slazyk: This is -- it was formerly Electra on the Bay.
Chairman Gonzalez: Oh, OK.
Ms. Slazyk: It is now Aja on the Bay.
Vice Chairman Winton: But this is totally different than Electra I and II.
Commissioner Sanchez: Yeah.
Commissioner Spence -Jones: Yeah.
Ms. Slazyk: Yeah. This one is not in the --
Chairman Gonzalez.: Oh, it's different?
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City Commission
Meeting Minutes May 25, 2006
Ms. Slazyk: -- Design District.
Vice Chairman Winton: Yeah. It's totally dfferent.
Ms. Slazyk: To be very clear --
Chairman Gonzalez: OK.
Ms. Slazyk: -- this is not in the Design District. It's on 26th Street on the bay. The request is for
a 41-story residential structure to be comprised of approximately 129 multifamily residential
units. The Planning Department is recommending approval with the condition that the bonuses
not be granted here. The bonuses -- it's consistent with our recommendation when Onyx II came
before you, that the bonuses throw the project a little bit out of scale for this neighborhood. The
Planning Advisory Board, however, disagreed. That's why the PAB resolution that I handed out
to you a moment ago is important. They recommended approval with the -- with all the
conditions, except condition 11A. Condition 11A was that the project be brought down to scale
to the maximum allowed by the current base zoning without the PUD (Planned Unit
Development) and Affordable Housing Trust fund bonuses, so the Planning Department
recommends approving the project without the bonuses, and the PAB recommended approving
with the bonuses.
Vice Chairman Winton: And what did we do with the other project?
Ms. Slazyk: You granted the bonuses.
Vice Chairman Winton: Oh.
Commissioner Sanchez: You granted them.
Vice Chairman Winton: No, not -- yeah.
Commissioner Sanchez: No, we granted them.
Vice Chairman Winton: Yeah. Well, yeah, yeah, yeah.
Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue.
I'm here today on behalf of the property owner. With me here as well on behalf of the property
owner is Mr. Danny Tantleff our architect, Kobi Karp. We also have our traffic expert, Mr.
Richard Garcia. This particular project is located right on Biscayne Bay, between Northeast 26
Terrace on the north and 26 Street on the south. We're request -- we are requesting approval of
129 residential units, and that's the reason that we're before you for the Major Use Special
Permit. Well, that's not the -- the reason is we're requesting for the additional bonuses. Because
of the bonuses that staff is recommending denial of -- it's a total of about 50,000 square feet,
those bonuses, and out of that, the affordable housing portion is about 27,000 square feet, where
we would be paying into the trust fund $335, 000. It was because of those bonuses that we're
required to apply for a Major Use Special Permit. Because we have less than 200 units, we're
not required to, per the Code, so we have 129 units. With regards to parking spaces, we have
150. We exceed the required minimum. The area -- the reason that the PAB had granted our
request with the bonuses is they looked at the area, and we had explained to them that we had
looked at other projects, all the other projects that are gone on -- that have been approved in this
particular area. This is the Edgewater neighborhood. It's zoned R-4, which is high density, and
it also has an SD-20 overlay. This SD-20 overlay and the R-4 was in place many, many years
ago to help this particular neighborhood, and the neighborhood had supported it at the time.
Since then, there's been a great deal of development that the City has seen. You have the Blue
over by 36 Street; you have some Ice projects, those were Class H. You have the Platinum,
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Meeting Minutes May 25, 2006
which is at 589 stories. This has additional PUD and affordable housing bonuses. There's the
Onyx II that had requested the affordable housing, as well, and in that one, I have -- I'm going to
submit into the record the recommendations of staff. It's about 12 different projects in this
particular area, and in all of them, staff did recommend approval of the bonus, which I'd like to
put into record. The only one they didn't recommend approval was on Onyx II, and on that one,
they had a piece of property next door that they were developing as -- like an open park area,
and they put the FAR (floor/area ratio), though, on one parcel, and it was my understanding, at
the time, it was because they were putting the FAR from the smaller parcel all onto one parcel
that staff had recommended -- I mean, that was the discussion we had on Onyx 11, so all the other
projects -- and I'll put this into the record -- have had recommendations of approval for the
bonus, and here we're not talking a huge bonus, but you're talking enough of a bonus that it
makes the difference for this particular project, whether it makes it successful or not, because
without that bonus, he wouldn't have needed to go through the MUSP (Major Use Special
Permit) process, and as you know, the MUSP process takes approximately eight months. We've
spent a lot of time going through the internal design review, going before the Urban
Development Review Board, the Large -Scale Development Committee of the City. We went to
Planning Advisory Board, and they all recommended favorably on this. We also -- at the
Planning Advisory Board, one of the property owners in the neighborhood off of Northeast 26
Street, which is on the south side -- she's not right on the same block, but she's across the street -
- she had concerns with regards to construction activities going on in the area, so we had spoken
with her -- she's here today -- and I had sent her a letter saying that there were certain things
that we would do with regards to the construction because she's got some construction going on
on the Onyx I building that's under construction right now, so we had said that we'll have a
consultant on board and that they'll have weekly meetings with regards to safety, and I told her
and additionally, we'd give a number so we can address that, and I'd just like to put this into the
record as to some of the things we said, and we will continue to work with her as well. One of
her other concerns with regards to this particular project was with the ingress and egress and
the traffic onto certain streets. The street on her side is a full width street. It's a right-of-way of
50 feet, but she was concerned it's small. We originally had the ingress and egress going on the
north side. Staff had requested us to revise that and have it go through, and we had taken away
our egress from the building on the north, but I'd like to state on the record that we'd like to work
with the Planning Department to include that egress back on the north side so that people would
have a choice. You could go out either direction, and therefore, the traffic leaving the building
wouldn't leave from all -- from only one side, and I'm hoping that gives her more comfort with
regards with this particular project. I've been working on this matter with Mr. Gil Pastoriza,
who's been my cocounsel on this, and Gil is going to address for you briefly, and then we can
have Mr. Karp go through the project as well with regards to the benefits that are being
provided on the bay walk. Currently, you don't have an open bay walk here, and Gil is going to
walk you through that because this is going to be opening it up. It'll have a bay walk, and we've
had prior projects that have been approved in the area, and then of course, we'd like to reserve
any rebuttal time, if that's necessary on this.
Gilberto Pastoriza: Good afternoon. Mr. Chairman, members of the Commission, Gil
Pastoriza, 2665 South Bayshore Drive, and I'm going to talk to you a little bit about the bay
walk, what we've done with the bay walk, and some of the improvements that we're intending to
build on -- at the end of the streets, and we picked up some of these ideas from your Miami 21,
and basically, right now you have some of the pictures of the way that the streets ends. This --
26 Street is a dead-end; 26 Terrace is pretty blocked by walls and all kinds of gates so that --
one of the things that we did when the bay walk was designed was to open this up for the public.
We're opening the 26 Terrace all the way to the bay and creating here like a small plaza at the
end of the property. We're doing the same thing on 26 Street, where we're also creating a small,
little plaza at the end, and then we're providing the bay walk connecting through -- to the Onyx
project on this side so that there will be a continuous bay walk where right now, if you see some
of the pictures, there's a very narrow distance between the existing building and the bay walk.
We're widening the bay walk. We're providing amenities. We're not placing any of our
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Meeting Minutes May 25, 2006
recreational structures, such as pools or anything. It's going to be a totally open, public
accessible bay walk from both 26 Street and 26 Terrace. We're going all the way to the
centerline on 26 Terrace so that the project to the north someday would also connect. We're
connecting to the project to the south, and basically, just creating another piece of the bay walk,
another piece of the puzzle. So that you know, we went before the Miami -Dade County Shoreline
Review Committee, and the Shoreline Review Committee approved the bay walk here, and we
ask that you also approve not only the bay walk, but that you approve the project. Thank you.
Ms. Pardo: 1 would just like to -- if there's need for any rebuttal or if you have any questions, we
would request that you approve it with the bonus. It's extremely important, and like I said, the
entire reason for bringing it forward as a MUSP was with the bonus. If the bonuses were there -
- weren't there, it would -- it could allow for the same number of units, but bigger units. It would
allow for the same amount of height. It doesn't make much difference there. It would just be
taking away square footage from the project, which they believe is extremely important in order
to make it viable, and we believe that it is totally consistent with this particular neighborhood,
and it --
Vice Chairman Winton: And you're paying how much into the Affordable Housing Trust fund?
Ms. Pardo: Three hundred and thirty-five thousand 'cause it's not a huge amount of square
footage that's being requested.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
address the Commission in reference to this project, please come forward.
Kathleen Cuartas: Hello.
Chairman Gonzalez: Hi.
Ms. Cuartas: My name is Kathleen Cuartas. I'm here because I'm the owner of 708 Northeast
26 Street. I have a 27-story tower now under construction on -- to my east, and now we're going
to have the 40-story, if it's passed, structure to the north of me. 1 hope you've all gone to the
street and seen how narrow this street is. I feel that, at the end of the street, you've taken part of
the area to make the park where I feel we need a turnaround This is a street that goes for two
blocks without any way out to the south. There's no intersections. Can I --? I don't know what -
Commissioner Sanchez: Sure. There's a -- ma'am, there's a map.
Ms. Cuartas: This street is -- now there's always -- it's really a two-way street, but only one way
to get pass because there's cars that park here all the time. This is very densely populated, and I
don't know -- I keep thinking of in emergencies or -- sometimes there's lots of blockage problems
on this street, and I thought that, yes, it's nice to have this green area, and the builder owns this
piece here, but I feel also he could allow some kind of turnaround and it's just awful, and
remember, backing -- cars that back up are cars -- most likely, they're the cars that could hit a
child because it's those backups that make life for children very difficult, and that's why you have
it where school buses are forbidden to back up, so I just would like you to consider that part, and
1 know this is off the subject a bit, but we have a drainage problem here. The construction to my
east has blocked the drains with a lot of debris, and before they start anything new, I hope we
can get the City out, and I'm here so you see my face and remember when I phone you about this
if it's not taken care of and I thank you very much.
Chairman Gonzalez: Thank you, ma'am.
Ms. Pardo: I could just add that we'll work with Public Works and see if we can make it a little
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Meeting Minutes May 25, 2006
wider at the end of the street, and we'll see what we can do with regards to Public Works with
that.
Chairman Gonzalez: Anyone else from the public? Seeing none, hearing none, the public
hearing is closed. It comes back to the Commission.
Vice Chairman Winton: Mr. Chairman -- and the comments that the lady's made are comments
I've been making about Edgewater since the very first major project came there, and I think her
comment about the turnaround area there is something that, frankly, I think it's going to benefit
the project also because that is an issue. You all know it's an issue, and 1 think y'all ought to
work with staff and figure out how you can actually do something that creates a better
turnaround on --
Mr. Pastoriza: On 26 Street.
Vice Chairman Winton: -- 26 Street because I think that is going to be a real issue. I think it is
going to impact your ability to make your buyers happy, and definitely will improve the
neighborhood, so 1 think you should absolutely do that. I'm prepared to make a motion to
approve -- what is this, PZ5?
Ms. Slazyk: Yes.
Chairman Gonzalez: PZ5.
Vice Chairman Winton: -- PZ.5 with the bonuses because 1 think that the -- that we've all had
the long discussions about Edgewater and the density and everything, and that battle is long
past, but getting $335, 000 into the Affordable Housing Trust fund is something I'm very
interested in; it's a major issue here. I don't -- it's not going to have any real significant impact
on that neighborhood, but the 335,000 could definitely have an impact on how we deal with
affordable housing, which is the reason why I'm going to make the motion to approve PZ5 with
the bonus.
Ms. Slazyk: OK, and --
Chairman Gonzalez: All right. We have --
Ms. Slazyk: -- I guess --
Chairman Gonzalez: -- a motion.
Vice Chairman Winton: And whatever conditions you have.
Ms. Slazyk: What that is is you're going to exclude condition 11A, which is what the PAB
recommended, so for the City Clerk, this is a modified resolution.
Chairman Gonzalez: All right. Do I hear a second?
Commissioner Regalado: Second.
Chairman Gonzalez: We have a motion and we have a second. It's a resolution. All in favor,
say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
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Meeting Minutes May 25, 2006
Unidentified Speaker: Thank you.
Ms. Pardo: Thank you very much.
PZ.6 06-00085 ORDINANCE
DEFERRED
Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF
THE PROPERTIES LOCATED AT APPROXIMATELY 1720 AND 1771
NORTHWEST 33RD STREET, MIAMI, FLORIDA, FROM "DUPLEX
RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES;" MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
06-00085 Legislation (Version 1).pdf
06-00085 & 06-00085a Exhibit A.pdf
06-00085 Analysis.pdf
06-00085 Land Use Map.pdf
06-00085 & 06-00085a Aerial Map.pdf
06-00085 Application & Supporting Docs.pdf
06-00085 FR Fact Sheet 04-27-06.pdf
06-00085 Submittal.pdf
06-00085 SR Fact Sheet 05-25-06.pdf
06-00085 FR Fact Sheet 06-08-06.pdf
06-00085 FR Legislation (Version 2).PDF
06-00085 SR Fact Sheet 06-22-06.pdf
REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to
"Major Institutional, Public Facilities, Transportation and Utilities" to Change the
Future Land Use Designation of the Miami Comprehensive Neighborhood Plan
LOCATION: Approximately 1720 and 1771 NW 33rd Street
APPLICANT(S): Richard A. Pankey, President, on behalf of Allapattah
Baptist Church
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended denial due to the failure to
obtain the required five affirmative votes in favor of the plan amendment to City
Commission on January 4, 2006 by a vote of 3-2. See companion File ID
06-00085a.
PURPOSE: This will change the above properties to Major Institutional, Public
Facilities, Transportation and Utilities.
DEFERRED
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PZ.7 06-00085a ORDINANCE Second Reading
DEFERRED
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 19, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
FROM "G/I" GOVERNMENT AND INSTITUTIONAL AND "R-2" TWO-FAMILY
RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 1720 AND 1771
NORTHWEST 33RD STREET, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
06-00085a Legislation.pdf
06-00085 & 06-00085a Exhibit A.pdf
06-00085a Analysis.pdf
06-00085a Zoning Map.pdf
06-00085 & 06-00085a Aerial Map.pdf
06-00085a ZB Reso.pdf
06-00085a Application & Supporting Docs.pdf
06-00085a FR Fact Sheet 04-27-06.pdf
06-00085a SR Fact Sheet 05-25-06.pdf
06-00085a FR Fact Sheet 06-08-06.pdf
06-00085a SR Fact Sheet 06-22-06.pdf
REQUEST: To Amend Ordinance No. 11000, from "G/I" Government and
Institutional and "R-2" Two -Family Residential to "C-1" Restricted Commercial
to Change the Zoning Atlas
LOCATION: Approximately 1720 and 1771 NW 33rd Street
APPLICANT(S): Richard A. Pankey, President, on behalf of Allapattah
Baptist Church
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended approval to City Commission on February
13, 2006 by a vote of 5-3. See companion File ID 06-00085.
PURPOSE: This will change the above properties to C-1 Restricted
Commercial.
DEFERRED
PZ.8 06-002131u ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF
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City Commission
Meeting Minutes May 25, 2006
THE PROPERTIES LOCATED AT APPROXIMATELY 620, 630, 640
SOUTHWEST 7TH STREET AND 665 SOUTHWEST 8TH STREET, MIAMI,
FLORIDA, FROM
"MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED
COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
06-002131u Legislation.pdf
06-002131u & 06-00213zc Exhibit A.pdf
06-002131u Analysis.pdf
06-002131u Land Use Map.pdf
06-002131u & 06-0021 3zc Aerial Map.pdf
06-002131u School Impact Review Analysis.pdf
06-002131u PAB Reso.pdf
06-002131u Application & Supporting Docs.pdf
06-00213Iu FR Fact Sheet.pdf
06-002131u SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 10544, from "Medium Density
Multifamily Residential" to "Restricted Commercial" to Change the Future Land
Use Designation of the Miami Comprehensive Neighborhood Plan
LOCATION: Approximately 620, 630, 640 SW 7th Street and 665 SW 8th
Street
APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Miami
Automotive Retail, Inc.
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City Commission
on February 1, 2006 by a vote of 5-0. See companion File ID
06-00213zc.
PURPOSE: This will change the above properties to Restricted Commerical.
Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
12811
Chairman Gonzalez: PZ 8.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.8 and 9 are second reading
companion items. This is for a change of land use and zoning. It's been -- this is for the
property at 620, 630, 640 Southwest 7th Street and 665 Southwest 8th Street. The change of
land use is from medium density multifamily residential to restricted commercial. It's been
recommended for approval by the Planning Department, the Planning Advisory Board, and
adopted by the City Commission first reading in April.
Chairman Gonzalez: OK. This is a second reading also. Go ahead.
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Meeting Minutes May 25, 2006
Vicky Garcia -Toledo: Good afternoon, Commissioners.
Chairman Gonzalez. Good afternoon.
Ms. Garcia -Toledo: Vicky Garcia -Toledo, with offices at the Wachovia Center. I am here
representing Brickell Motors. I did a full presentation for you last month. If you wish me to do
so again, I'll be happy to, if it's necessary, or answer any questions you have.
Commissioner Sanchez: No, you don't.
Chairman Gonzalez: All right.
Commissioner Sanchez: You don't need to.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
address the Commission in reference to this item, please come forward. Seeing none and
hearing none, the public hearing is closed; comes back to the Commission. Commissioner
Sanchez, it's your district.
Commissioner Sanchez: Yes, so move --
Commissioner Spence -Jones: Second.
Commissioner Sanchez: -- second reading.
Vice Chairman Winton: Second
Chairman Gonzalez: All right. We have a motion and we have a second. It's an ordinance. Mr.
City Attorney.
Jorge L. Fernandez (City Attorney): Yes.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Gonzalez: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been adopted on second reading, 5/0.
PZ.9 06-00213zc ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL AND "SD-12"
BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL AND
"SD-25" SOUTHWEST 8TH STREET SPECIAL OVERLAY DISTRICT FOR
THE PROPERTIES LOCATED AT APPROXIMATELY 620, 630 AND 640
SOUTHWEST 7TH STREET AND 665 SOUTHWEST 8TH STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A."
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City Commission
Meeting Minutes May 25, 2006
06-0021 3zc Legislation (Version 2).pdf
06-002131u & 06-0021 3zc Exhibit A.pdf
06-0021 3zc Analysis.pdf
06-00213zc Zoning Map.pdf
06-0021 3zc Aerial Map.pdf
06-0021 3zc ZB Reso.pdf
06-00213zc Application & Supporting Docs.pdf
06-0021 3zc ZB Fact Sheet.pdf
06-0021 3zc FR Fact Sheet.pdf
06-0021 3zc SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 11000, from "R-3" Multifamily
Medium -Density Residential and "SD-12" Buffer Overlay District to "C-1"
Restricted Commercial and "SD-25" SW 8th Street Special Overlay District to
Change the Zoning Atlas
LOCATION: Approximately 620, 630 and 640 SW 7th Street and 665 SW
8th Street
APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Miami
Automotive Retail, Inc.
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
ZONING BOARD: Recommended approval to City Commission on March
27, 2006 by a vote of 5-1. See companion File ID 06-002131u.
PURPOSE: This will change the above properties to C-1 Restricted
Commercial and SD-25 SW 8th Street Special Overlay District.
Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
12812
Chairman Gonzalez: PZ.9.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.9 is the companion. The request is
from R-3 with the SD-12 overlay to a C-1 and the SD-25 overlay. This has also been
recommended for approval by Planning Department, approval by the Zoning Board, and
granted by the Commission first reading in April.
Chairman Gonzalez: This is also a second reading. This is also public hearing. Anyone from
the public that wants to address this item, please come forward. I see none; I hear none, so the
public hearing is closed.
Commissioner Sanchez: PZ.9?
Chairman Gonzalez: Yes, sir.
Commissioner Sanchez: So move.
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City Commission
Meeting Minutes May 25, 2006
Commissioner Spence -Jones: Second
Chairman Gonzalez.: We have a motion and we have a second. It's an ordinance. Mr. --
Jorge L. Fernandez (City Attorney): Yes.
Chairman Gonzalez: -- City Attorney.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Gonzalez: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been adopted on second reading, 5/0.
Vicky Garcia -Toledo: Thank you.
PZ.10 06-003511u ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING THE LAND USE DESIGNATION OF
THE APPROXIMATE 2.83± ACRES OF PROPERTIES LOCATED WITHIN
AND APPROXIMATELY BOUNDED BY NORTHWEST 17TH STREET TO THE
NORTH, INTERSTATE 1-95 TO THE EAST, NORTHWEST 15TH STREET TO
THE SOUTH, AND NORTHWEST 7TH AVENUE TO THE WEST, MIAMI,
FLORIDA; FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
06-00351Iu - PAB Fact Sheet.pdf
06-00351Iu - Analysis.pdf
06-003511u - Concurrency.pdf
06-003511u - PAB Comp Plan Map.pdf
06-003511u - PAB Zoning Map.pdf
06-003511u - PAB Aerial Photo.pdf
06-003511u - PAB Legislation.pdf
06-00351Iu PAB Reso.PDF
06-003511u CC Land Use Map.pdf
06-003511u & 06-00351zc CC Aerial Map.pdf
06-003511u Legislation (Version 2).pdf
06-003511u & 06-00351zc Exhibit A.pdf
06-003511u FR Fact Sheet.pdf
06-003511u SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "General
Commercial" to Change the Future Land Use Map of the Miami Comprehensive
Neighborhood Plan
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Meeting Minutes May 25, 2006
LOCATION: Approximately bounded by NW 17th Street to the north, Interstate
1-95 to the east, NW 15th Street to the south, and NW 7th Avenue to the west
APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommened approval to City Commission
on March 15, 2006 by a vote of 6-2. See companion File ID 06-00351zc and
related File IDs 06-003521u, 06-00352zc and 06-00799zt.
PURPOSE: This will change the above properties to General Commercial.
Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones
Absent: 1 - Commissioner Regalado
12807
Chairman Gonzalez: All right. I'm going to start on PZ.10 to PZ 14, which are
noncontroversial items.
Vice Chairman Winton: Where are we, PZ.10?
Chairman Gonzalez: PZ.10, which is in reference to Camillus House and University --
Vice Chairman Winton: Oh, OK.
Chairman Gonzalez: -- of Miami --
Vice Chairman Winton: Got it.
Chairman Gonzalez: -- and Northwest 7th Avenue. PZ 10, and they are second reading.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.10 and 11 are companion items.
This is a second reading change of land use and zoning. It's been recommended for approval by
the lower boards and passed by the City Commission first reading in April. This is for the
property bounded by 17th Street to the north, 1-95 to the east, 15th Street to the south, and 7th
Avenue to the west, from industrial to general commercial.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
speak on this item, in opposition of this item, please come forward. All right. Seeing none,
hearing none, the public hearing is --
Vice Chairman Winton: Wait, wait, wait.
Chairman Gonzalez: -- closed.
Vice Chairman Winton: Wait, wait.
Chairman Gonzalez: Mariano.
Mariano Cruz: I am in favor of the change on zoning --
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Meeting Minutes May 25, 2006
Vice Chairman Winton: Mariano.
Mr. Cruz: -- because it's about time.
Chairman Gonzalez: We need your name and address.
Vice Chairman Winton: Mariano.
Mr. Cruz: (UNINTELLIGIBLE) we need that, but you know --
Vice Chairman Winton: Mariano.
Mr. Cruz: -- the new administration is --
Vice Chairman Winton: Your name.
Chairman Gonzalez: Your name and address.
Mr. Cruz: Oh, Mariano Cruz, 1227 Northwest 26 Street. The new administration is always
willing to deal with dfferent -- all the administration have a (UNINTELLIGIBLE) attitude. This
is what we're going to do it. Take it -- but now it's completely different.
Chairman Gonzalez: Thank you very much.
Commissioner Sanchez: So move.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: All right.
Vice Chairman Winton: Second.
Chairman Gonzalez: We have a motion and we have a second. All in -- I'm sorry. It's an
ordinance, right? Yes, it is.
The Ordinance was read by title into the public record by the Assistant City Attorney.
Chairman Gonzalez: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been adopted on second reading, 4/0.
PZ.11 06-00351zc ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S), AMENDING PAGE NO. 23 OF THE ZONING ATLAS OF
ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FOR THE APPROXIMATE 2.83± ACRES OF PROPERTIES
LOCATED WITHIN AND APPROXIMATELY BOUNDED BY NORTHWEST
17TH STREET TO THE NORTH, INTERSTATE 1-95 TO THE EAST,
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Meeting Minutes May 25, 2006
NORTHWEST 15TH STREET TO THE SOUTH, AND NORTHWEST 7TH
AVENUE TO THE WEST, MIAMI, FLORIDA; FROM "I" INDUSTRIAL TO "C-2"
LIBERAL COMMERCIAL (SEE MAP OF EXACT PROPERTIES ATTACHED
HERETO AND COMPLETE LEGAL DESCRIPTIONS ON FILE); MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
06-00351zc PAB Fact Sheet.pdf
06-00351zc - PAB Zoning Map.pdf
06-00351zc - PAB Aerial Photo.pdf
06-00351zc - PAB Legislation.pdf
06-00351zc PAB Reso.PDF
06-00351zc CC Analysis.pdf
06-00351zc CC Zoning Map.pdf
06-003511u & 06-00351zc CC Aerial Map.pdf
06-00351zc Legislation (Version 2).pdf
06-003511u & 06-00351zc Exhibit A.pdf
06-00351zc FR Fact Sheet.pdf
06-00351zc SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 11000, from "I" Industrial to "C-2" Liberal
Commercial to Change the Zoning Atlas
LOCATION: Approximately Bounded by NW 17th Street to the north, Interstate
1-95 to the east, NW 15th Street to the south, and NW 7th Avenue to the west
APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City Commission
on March 15, 2006 by a vote of 6-2. See companion File ID
06-00351Iu and related File IDs 06-003521u, 06-00352zc and 06-00799zt.
PURPOSE: This will change the above properties to C-2 Liberal
Commercial.
Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones
Absent: 1 - Commissioner Regalado
12808
Chairman Gonzalez. PZ.11.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.11 is the companion zoning
change. This is from industrial to C-2. It's also been recommended for approval by the lower
boards and the Planning Department.
Chairman Gonzalez: This is also a public hearing. Anyone from the public that wants to
address the Commission in reference to this item, please come forward. Seeing none, hearing
none, the public hearing is closed.
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Meeting Minutes May 25, 2006
Vice Chairman Winton: Move it.
Commissioner Sanchez: So move.
Vice Chairman Winton: Second.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: OK. We have a motion and we have a second. It's also an ordinance.
The Ordinance was read by title into the public record by the Assistant City Attorney.
Chairman Gonzalez: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been adopted on second reading, 4/0.
PZ.12 06-00352Iu ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF
THE PROPERTIES APPROXIMATELY BOUNDED BY NORTHWEST
20TH STREET TO THE NORTH, INTERSTATE 1-95 TO THE EAST,
NORTHWEST 17TH STREET TO THE SOUTH AND NORTHWEST 7TH
AVENUE TO THE WEST, MIAMI, FLORIDA FROM "INDUSTRIAL" TO
"GENERAL COMMERCIAL;" MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
06-003521u - PAB Fact Sheet.pdf
06-003521u - Analysis.pdf
06-003521u - Concurrency.pdf
06-00352Iu - Comp Plan Map.pdf
06-003521u - Zoning Map.pdf
06-003521u - Aerial Photo.pdf
06-00352Iu - PAB Legislation.pdf
06-00352Iu PAB Reso.PDF
06-003521u Legislation (Version 2).pdf
06-003521u & 06-00352zc Exhibit A.pdf
06-003521u FR Fact Sheet.pdf
06-003521u SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "General
Commercial" to Change the Future Land Use Map of the Miami Comprehensive
Neighborhood Plan
LOCATION: Approximately Bounded by Northwest 20th Street to the north,
Interstate 1-95 to the east, Northwest 17th Street to the south and Northwest 7th
Avenue to the west
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Meeting Minutes May 25, 2006
APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City Commission
on March 15, 2006 by a vote of 7-1. See companion File ID
06-00352zc and related File IDs 06-003511u, 06-00351zc and 06-00799zt.
PURPOSE: This will change the above properties to General Commercial.
Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
12809
Chairman Gonzalez: PZ.12.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 12 and 13 are companion items.
This is also second reading, change of zoning and land use. The property is bounded by
Northwest 20th Street on the north, 1-95 to the east, 17th Street to the south, and 7th Avenue to
the west. The request is from industrial to general commercial. It's been recommended for
approval by the Planning Department, Planning Advisory Board, and passed by the City
Commission, first reading, in April.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
address the Commission in reference to this item, please come forward. Seeing none, hearing
none, the public hearing is closed; comes back to the Commission.
Commissioner Sanchez: So move.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: We have a motion and we have a second. It's an ordinance.
The Ordinance was read by title into the public record by the Assistant City Attorney.
Chairman Gonzalez: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been adopted on second reading, 5/0.
PZ.13 06-00352zc ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 23 OF THE ZONING ATLAS OF
ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FOR THE APPROXIMATE 7.88± ACRES OF PROPERTIES
LOCATED WITHIN AND APPROXIMATELY BOUNDED BY NORTHWEST
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Meeting Minutes May 25, 2006
20TH STREET TO THE NORTH, INTERSTATE 1-95 TO THE EAST,
NORTHWEST 17TH STREET TO THE SOUTH AND NORTHWEST 7TH
AVENUE TO THE WEST, MIAMI, FLORIDA; FROM "I" INDUSTRIAL TO "C-2"
LIBERAL COMMERCIAL. (SEE MAP OF EXACT PROPERTIES ATTACHED
HERETO AND COMPLETE LEGAL DESCRIPTIONS ON FILE); MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
06-00352zc - PAB Fact Sheet.pdf
06-00352zc - Zoning Map.pdf
06-00352zc - Aerial Photo.pdf
06-00352zc - PAB Legislation.pdf
06-00352zc PAB Reso.PDF
06-00352zc CC Analysis.pdf
06-00352zc Legislation (Version 2).pdf
06-00352Iu & 06-00352zc Exhibit A.pdf
06-00352zc FR Fact Sheet.pdf
06-00352zc SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 11000, from "I" Industrial to "C-2" Liberal
Commercial to Change the Zoning Atlas
LOCATION: Approximately Bounded by Northwest 20th Street to the north,
Interstate 1-95 to the east, Northwest 17th Street to the south and Northwest 7th
Avenue to the west
APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City Commission
on March 15, 2006 by a vote of 7-1. See companion File ID 06-003521u and
related File IDs 06-003511u, 06-00351zc and 06-00799zt.
PURPOSE: This will change the above properties to C-2 Liberal Commercial.
Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
12810
Chairman Gonzalez: PZ.13.
Lourdes Sla_-yk (Assistant Director, Planning & Zoning): 13 is the companion zoning change
from industrial to C-2; also recommended for approval.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
address the Commission in reference to this item, please come forward. Seeing none, hearing
none, the public hearing is closed. It's an ordinance.
Vice Chairman Winton: Move it.
Commissioner Spence -Jones: Second.
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Meeting Minutes May 25, 2006
Vice Chairman Winton: Comment.
The Ordinance was read by title into the public record by the Assistant City Attorney.
Chairman Gonzalez: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been adopted on second reading, 5/0.
PZ.14 06-00799zt RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI AND CHARITY UNLIMITED OF
FLORIDA, FOR THE PURPOSE OF IMPLEMENTING A HOMELESS PLAN.
06-00799zt - PAB Fact Sheet.pdf
06-00799zt - PAB Legislation.pdf
06-00799zt - PAB Development Agreement.pdf
06-00799zt CC Legislation.pdf
06-00799zt Exhibit A (Legal Description).PDF
06-00799zt Exhibit B (CC Development Agrmt).pdf
06-00799zt CC Fact Sheet 05-25-06.pdf
06-00799zt CC Fact Sheet 06-08-06.pdf
REQUEST: To Implement a Homeless Plan
APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Withdrawn on May 17, 2006.
PURPOSE: This will aid the City's efforts to implement a Homeless Plan.
Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0340
Chairman Gonzalez: OK. PZ.14.
Vice Chairman Winton: Mr. --
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.14 is the consideration of a
resolution authorizing the City Manager to execute a development agreement for the purpose of
implementing a homeless plan. The Planning Department has recommended for approval.
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Chairman Gonzalez: All right. This is a -- this is a resolution, isn't it? Yeah.
Ms. Slazyk: Yes.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
address the Commission, please come forward. Seeing none, hearing none, the public hearing is
closed. We need a motion.
Vice Chairman Winton: Move it. Comment.
Commissioner Sanchez: Second.
Chairman Gonzalez: We have a motion and we have a second, and --
Commissioner Spence -Jones: And I also have a comment.
Chairman Gonzalez: -- discussion. Vice Chairman Winton.
Vice Chairman Winton: Mr. Chairman, I wanted to wait until the end because, you know, until
it's over, it's not over --
Chairman Gonzalez: It's not over.
Vice Chairman Winton: -- but -- and I know we said this last time, but I think there's new people
in the audience and maybe new people watching Net-9 (Miami Cable Television). 1 know that
the City of Miami Commission and its leadership has been working on solving the issue relative
to Camillus House for over 20 years --
Chairman Gonzalez: That's correct.
Vice Chairman Winton: -- and there's been a lot of different Commissions that have taken up the
issue over Camillus House, and it has been, at best, chaotic. There's been -- you know, long
before 1 got here, you know, you read that everybody's coming; there's going to be a 5/0 vote,
and it ends up a 5/0 vote, but it's the wrong direction, and what has happened here, in my mind,
is historic, and it wasn't another -- a different Commission. It wasn't that Commission, that
Commission, or that Commission; it was this Commission, with the leadership of the City, and
with the leadership of Camillus House people, who worked tirelessly with all communities
involved to make this what 1 consider to be an historic decision, which is our opportunity to take
one more step with the service provider, which is Camillus House, to absolutely solve the
problem of homelessness in the City of Miami, and Commissioner Regalado serves on the HAC
(Homeless Assistance Center) Board representing us, which is one big component of the issue,
and Camillus House has made a commitment to be the other big component in the issue relative
to homelessness in our city. 1 think they're going to do some fabulous things, and I want to thank
our Mayor, Administration, and my fellow Commissioners because I have lobbied for this issue
for many years, including long before I became a Commissioner, and my hat's off to all of you
for taking what I consider to be really the right step, for the first time in over 20 years, to do the
right thing in our community, so 1 want to thank all of you for the hard work that you've put into
it.
Chairman Gonzalez: Thank you. Commissioner Spence -Jones.
Commissioner Spence -Jones: I actually want to just ditto Commissioner -- Vice Chairman
Winton on that. I wasn't here for all of the drama, 1 guess, before, you know, it took place, but to
me, just the wonderful work that Camillus House has done, especially Somerville and their
working with homeless women and not nearly having enough places for people to live now --1
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Meeting Minutes May 25, 2006
mean, a serious waiting list is already taking place with the residents that they have. This is a
great step in the right direction, and it is in my district, and I welcome it and support it, and the
only thing that 1 would want to add, Mr. City Manager, on the development agreement for
Camillus House, I'd like to at least work hand -- or have our office work hand -in -hand with you
to make sure that we get community participation or involvement in it just in case there are
people that are not really aware of what's going to be happening in their immediate community,
and I think it's important for them to know, so I just would like to request -- I don't know if -- it's
just added on here as a -- do I just make this an official request to have that happen, Mr.
Chairman?
Chairman Gonzalez: I don't think so. 1 think you can ask the City Manager to --
Commissioner Spence -Jones: Mr. City Manager. OK, and Rosario, great job, and Camillus
House, we look forward to working with you.
Chairman Gonzalez: Any -- oh, sorry. Commissioner Regalado.
Commissioner Regalado: Thank you, Mr. Chairman, Mr. Vice Chairman. I also was waiting at
the end to make a -- some comments, and I was hoping that this will go today the way it did
because I have already placed in the agenda for tomorrow, the Homeless Trust meeting, a major
presentation of Camillus House. They are going to show the plans. They are going to explain
the whole project, and the Homeless Trust was eager to see this because when we approved the
ten-year plan to end homelessness several month ago, everyone agreed that without this
component, it would have been impossible to do it because of the downtown population, the
homeless, et cetera, so tomorrow, we will be having the Homeless Trust meeting at County Hall,
and Dr. (UNINTELLIGIBLE) will be there with his team to do the presentation, and the
Homeless Trust has committed, officially -- and Ron Book is chairman -- to help that program, in
any way it can, to expedite any issues that could arise in this project, so you know, I will be
honored tomorrow to -- in the morning, to present the Camillus House leadership to the
Homeless Trust, and 1-- I'm just also very happy that this has a closure, so I've seen the plans
and the plans are spectacular, and tomorrow, the whole Trust board will be looking at the plan.
Thank you.
Chairman Gonzalez: Commissioner Sanchez. OK, I'm going to speak last. For many years, 1
led the charge of opposition to Camillus House coming to Allapattah, and I encountered with the
support of many community activists -- one of them is here present today, which is Mariano Cruz
-- because we felt that we could not allow anyone to impose something in our community.
Unfortunately, the past leadership of Camillus House didn't really knew how to deal with the
different communities, and how to sit down at the table and negotiate and compromise, and I
have to recognize that the new director of Camillus House and the people that have been
involved in this process, they came to the table with an open mind. Also, the
(UNINTELLIGIBLE) and the participation of the University of Miami, with their proposed
project for that site in conjunction with Camillus House, I think was the trigger that made the
community accept the plan and say -- not only accept it, but come out and supported it, and like I
said, the day that we made the announcement at the site of the project, 1 didn't even -- not only
agree with the presentation and with the project, but I feel very proud of being a supporter of
this new proposition, and 1 think it's going to be something that is going to be great because it's
going to solve a problem that have existed in the City of Miami for many, many years, as you
say, Mr. Vice Chairman, without a solution. This Commission found a solution to the problem, a
solution that is acceptable to both neighborhood and the communities, and also that is going to
bring not only the Camillus House site to this piece of land, but it's also going to bring a big, big
important project from the University of Miami that is going to be providing close to 5,000 new
jobs for this city, for the people of this city, so I'm very proud to have been part of these meetings
and negotiations with the City Manager and the parties involved, and I think today is a great
day. It's something that is going to go into history of what we have achieved in this City of
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Meeting Minutes May 25, 2006
Miami, so with that, I'm going to ask that everybody in favor say "yes."
The Commission (Collectively): Yes.
Chairman Gonzalez: Anybody in opposition? 1 see none, so --
Ms. Slazyk: OK. Let me just add for the record --
Chairman Gonzalez: -- the item passed.
Ms. Slazyk: -- real quick, this does require two readings, pursuant to the Florida Statutes, and
at this hearing, I'm supposed to announce the next hearing on this, which will be June 8.
Chairman Gonzalez: But you're talking about PZ 14 --
Ms. Slazyk: PZ.14.
Chairman Gonzalez: -- because the other ones we --
Ms. Slazyk: Development --
Chairman Gonzalez: -- already did.
Ms. Slazyk: -- agreements are governed by the Florida Statutes, and it's coming to you twice.
The next one will be on June 8, so for the public, it will be noticed, but --
Chairman Gonzalez: Very good.
Ms. Slazyk.: -- it's supposed to be announced here, so you'll --
Chairman Gonzalez: All right.
Ms. Slazyk: -- see it one more time.
Chairman Gonzalez: OK. Let's go back to --
Applause.
Commissioner Sanchez: Save that for tonight, when the Heat plays.
Chairman Gonzalez: All right.
PZ.15 06-00367zt ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 9,
SECTION 906.9 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, BY ADDING PROVISIONS FOR
TEMPORARY AUTO SALES, REQUIRING ISSUANCE OF CLASS I SPECIAL
PERMIT; PROVIDING FOR CRITERIA; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
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06-00367zt - PAB Fact Sheet.pdf
06-00367zt - PAB Legislation.pdf
06-00367zt PAB Reso.PDF
06-00367zt Legislation (Version 2).pdf
06-00367zt FR Fact Sheet.pdf
06-00367zt SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 11000 Text
APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City Commission
on March 15, 2006 by a vote of 8-0.
PURPOSE: This will allow temporary automobile sales by Class I Special
Permit subject to limiting conditions.
Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
12813
Chairman Gonzalez: All right. PZ.15.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.15 is a second reading ordinance
amending the text of Zoning Ordinance 11000. This is for provision of temporary auto sales.
It's been recommended for approval by the Planning Department, approval by the Planning
Advisory Board, and approved by the Commission first reading in April.
Chairman Gonzalez: All right. This is a public hearing also. Anyone from the public that wants
to address the Commission on this item, please come forward Seeing none, hearing none, the
public hearing is closed; comes back to the Commission. Do I hear a motion?
Commissioner Sanchez: So move.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: We have a motion and we have a second. All in favor -- I'm sorry. It's an
ordinance.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Gonzalez: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been adopted on second reading, 5/0.
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Meeting Minutes May 25, 2006
PZ.16 05-01525a ORDINANCE First Reading
DEFERRED
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF
THE PROPERTIES LOCATED AT APPROXIMATELY 1919, 1927, 1935, 1945
AND 1965 SOUTHWEST 9TH STREET, MIAMI, FLORIDA, FROM "DUPLEX
RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
05-01525a Legislation.pdf
05-01525 & 05-01525a Exhibit A.pdf
05-01525a Analysis.pdf
05-01525a Land Use Map.pdf
05-01525 & 05-01525a Aerial Map.pdf
05-01525a & 05-01525b School Impact Review Analysis.pdf
05-01525a PAB Reso.pdf
05-01525a Application & Supporting Docs.pdf
05-01525a FR Fact Sheet 03-23-06.pdf
05-01525a FR Fact Sheet 05-25-06.pdf
05-01525a FR Fact Sheet 06-22-06.pdf
REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to
"Restricted Commercial" to Change the Future Land Use Designation of the
Miami Comprehensive Neighborhood Plan
LOCATION: Approximately 1919, 1927, 1935, 1945 and 1965 SW 9th Street
APPLICANT(S): Renaissance Pointe, LLC
APPLICANT(S) AGENT: Javier F. Avif o, Esquire
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended denial due to the failure to
obtain the required five affirmative votes in favor to City Commission on
January 18, 2006 by a vote of 3-4. See companion File ID 05-01525.
PURPOSE: This will change the above properties to Restricted Commercial for
the proposed Renaissance Pointe Major Use Special Permit.
DEFERRED
PZ.17 05-01525 ORDINANCE First Reading
DEFERRED
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 39, OF THE ZONING ATLAS OF
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City Commission
Meeting Minutes May 25, 2006
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED
COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY
1919, 1927, 1935, 1945 AND 1965 SOUTHWEST 9TH STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN
"EXHIBIT A," CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
05-01525 Legislation (Version 1).pdf
05-01525 OLD Analysis.pdf
05-01525 OLD Application & Supporting Docs.pdf
05-01525 ZB Reso 12-12-05.pdf
05-01525 & 05-01525a Exhibit A.pdf
05-01525 Zoning Map.pdf
05-01525 & 05-01525a Aerial Map.pdf
05-01525 FR Fact Sheet 03-23-06.pdf
05-01525 FR Fact Sheet 05-25-06.pdf
05-01525 REVISED Analysis.pdf
05-01525 REVISED Application & Supporting Docs.pdf
05-01525 ZB Fact Sheet 06-12-06.pdf
05-01525 ZB Reso 06-12-06.pdf
05-01525 FR Legislation (Version 4).pdf
05-01525 FR Fact Sheet 06-22-06.pdf
REQUEST: To Amend Ordinance No. 11000, from "R-2" Two -Family
Residential to "C-1" Restricted Commercial to Change the Zoning Atlas
LOCATION: Approximately 1919, 1927, 1935, 1945 and 1965 SW 9th Street
APPLICANT(S): Renaissance Pointe, LLC
APPLICANT(S) AGENT: Javier F. Avino, Esquire
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
ZONING BOARD: Recommended of approval with a condition* to City
Commission on December 12, 2005 by a vote of 7-1. See companion File ID
05-01525a.
PURPOSE: This will change the above properties to C-1 Restricted
Commercial for the proposed Renaissance Point Major Use Special Permit.
DEFERRED
PZ.18 06-00155a ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF
THE PROPERTIES LOCATED AT APPROXIMATELY 1950 NORTHWEST 1ST
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Meeting Minutes May 25, 2006
AVENUE AND 1905 NORTHWEST 1ST COURT, MIAMI, FLORIDA, FROM
"GENERAL COMMERCIAL" AND "INDUSTRIAL" TO
"RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
06-00155a Legislation.pdf
06-00155 & 06-00155a Exhibit A.pdf
06-00155a Analysis.pdf
06-00155a Land Use Map.pdf
06-00155, 06-00155a & 06-00155b Aerial Map.pdf
06-00155 & 05-00155a School Impact Analysis.pdf
06-00155a PAB Reso.pdf
06-00155a Application & Supporting Docs.pdf
06-00155a FR Fact Sheet 03-23-06.pdf
06-00155a FR Fact Sheet 04-27-06.pdf
06-00155a FR Fact Sheet 05-25-06.pdf
06-00155a FR Fact Sheet 06-22-06.pdf
REQUEST: To Amend Ordinance No. 10544, from General Commercial and
Industrial to Restricted Commercial to Change the Future Land Use Map of the
Miami Comprehensive Neighborhood Plan
LOCATION: Approximately 1950 NW 1st Avenue and 1905 NW 1st Court
APPLICANT(S): Javier F. Avif o, Esquire, on behalf of A-1 Management
Corporation
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended approval to City Commission
on February 1, 2006 by a vote of 5-0. See companion File ID
06-00155.
PURPOSE: This will change the above properties to Restricted Commercial for
the proposed Avenue One Major Use Special Permit.
CONTINUED
A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and
was passed unanimously, with Vice Chairman Winton and Commissioner Regalado absent, to
defer items PZ 18 and PZ.19 to the City Commission meeting currently scheduled for June 22,
2006.
Commissioner Spence -Jones: 1 also had a -- I'm sorry. I also had -- are we --? I just want to
add -- I also -- I thought that PZ.18 and PZ.19 was also being deferred.
Jorge L. Fernandez (City Attorney): 1 have no notice of that. Those are --
Chairman Gonzalez: PZ 18.
Mr. Fernandez: -- 1950 Northwest 1st Avenue --
Commissioner Spence -Jones: Yes.
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Mr. Fernandez: -- and 1905 --
Commissioner Spence -Jones: Is PZ.18
Mr. Fernandez: -- Northwest 1st Court.
Commissioner Spence -Jones: -- and 19 being deferred? I was told that earlier.
Chairman Gonzalez: OK.
Mr. Fernandez: Yes.
Chairman Gonzalez: PZ.18 and PZ.19.
Lucia Dougherty: Yes, Mr. Chairman. Lucia Dougherty, with offices at 1221 Brickell Avenue. I
would like a one -month continuance of those two cases.
Commissioner Sanchez: So moved.
Chairman Gonzalez: OK We have a motion --
Commissioner Spence -Jones: Second.
Chairman Gonzalez: -- and we have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Ms. Dougherty: Thank you very much.
Chairman Gonzalez: To continue PZ.18 and 19 --
Lourdes Slazyk (Assistant Director, Planning & Zoning): To the June --
Chairman Gonzalez: -- for the --
Ms. Slazyk: PZ (Planning & Zoning).
Chairman Gonzalez: -- second meeting --
Commissioner Sanchez: Yes.
Chairman Gonzalez: -- in June, correct?
Commissioner Spence -Jones: Yes.
Commissioner Sanchez: Second meeting in June, Madam Counsel.
Chairman Gonzalez: Lucia, Lucia, second meeting in June.
Commissioner Sanchez: Could you put that on the record, please?
Ms. Dougherty: To the second meeting in June. Thank you very much.
Chairman Gonzalez: Great. Any other items to be deferred? Lourdes, anything?
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Ms. Dougherty: Nope --
Chairman Gonzalez: No?
Ms. Slazyk: -- no other ones to be deferred, that I know of.
Chairman Gonzalez: Mr. City Attorney, nothing. OK. What do you want to do? Do you want
to take a few items now or --
Commissioner Sanchez: I mean, could we take some of the noncontroversial PZs?
Chairman Gonzalez: -- do you want to break for lunch?
Commissioner Sanchez: I mean, we should.
Commissioner Spence -Jones: Are there any?
Commissioner Sanchez: Yeah, there are a bunch of them that are noncontroversial.
Ms. Slazyk: Yeah.
Commissioner Spence -Jones: OK.
Ms. Slazyk: PZ.1 is a --
Commissioner Sanchez: Just don't try to sneak the controversials [sic] up now, you know.
Ms. Slazyk: No, no. Typically, we put them at the end of the agenda, so if we start at the
beginning, we should be fine.
Commissioner Sanchez: All right.
Chairman Gonzalez: All right.
PZ.19 06-00155 ORDINANCE
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
FROM "I" INDUSTRIAL AND "C-2" LIBERAL COMMERCIAL TO "C-1"
RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1950 NORTHWEST 1ST AVENUE AND 1905
NORTHWEST 1ST COURT, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
First Reading
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Meeting Minutes May 25, 2006
06-00155 Legislation.pdf
06-00155 & 06-00155a Exhibit A.pdf
06-00155 Analysis.pdf
06-00155 & 06-00155b Zoning Map.pdf
06-00155, 06-00155a & 06-00155b Aerial Map.pdf
06-00155 ZB Reso.pdf
06-00155 Application & Supporting Docs.pdf
06-00155 FR Fact Sheet 03-23-06.pdf
06-00155 FR Fact Sheet 04-27-06.pdf
06-00155 FR Fact Sheet 05-25-06.pdf
06-00155 FR Fact Sheet 06-22-06.pdf
REQUEST: To Amend Ordinance No. 11000, from I Industrial and C-2 Liberal
Commercial to C-1 Restricted Commercial to Change the Zoning Atlas
LOCATION: Approximately 1950 NW 1st Avenue and 1905 NW 1st Court
APPLICANT(S): Javier F. Avino, Esquire, on behalf of A-1 Management
Corporation
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended approval to City Commission on January 23,
2006 by a vote of 8-0. See companion File ID 06-00155a.
PURPOSE: This will change the above properties to C-1 Restricted
Commercial for the proposed Avenue One Major Use Special Permit.
CONTINUED
A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and
was passed unanimously, with Vice Chairman Winton and Commissioner Regalado absent, to
defer items PZ 18 and PZ 19 to the City Commission meeting currently scheduled for June 22,
2006.
[The minutes for PZ. 19 can be found under PZ.18. J
PZ.20 06-003591u ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND
USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY
CHANGING THE LAND USE DESIGNATION FOR THE APPROXIMATE 0.54±
ACRES OF PROPERTIES LOCATED AT APPROXIMATELY 27 AND 29
NORTHWEST 34TH TERRACE AND 34 NORTHWEST 35TH STREET,
MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" AND "MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
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Meeting Minutes May 25, 2006
06-00359Iu - PAB Fact Sheet-REVISED.pdf
06-003591u - PAB Analysis-REVISED.pdf
06-003591u - PAB Legislation.pdf
06-00359Iu CC Analysis - MODIF.pdf
06-003591u - Concurrency.pdf
06-003591u - Comp Plan Map.pdf
06-003591u - Aerial Photo.pdf
06-00359Iu - Application Documents.pdf
06-003591u PAB Reso.pdf
06-003591u CC Application & Supporting Docs.pdf
06-00359Iu CC Legislation (Version 2).pdf
06-003591u Exhibit A.pdf
06-00359Iu CC FR Fact Sheet.pdf
06-003591u CC SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 10544, from Duplex Residential and
Medium Density Multifamily Residential to General Commercial to Change the
Future Land Use Map of the Miami Comprehensive Neighborhood Plan
LOCATION: Approximately 27 and 29 NW 34th Terrace and 34 NW 35th
Street
APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of North Miami Avenue
LLC
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City Commission
on April 19, 2006 by a vote of 8-0. See companion File IDs 06-00409zc and
06-00359mu.
PURPOSE: This will change the above properties to General Commercial for
the proposed Midtown Park Major Use Special Permit.
Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be
PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones
Absent: 1 - Commissioner Regalado
Chairman Gonzalez: PZ20.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.20 and 21 are companion land use
and zoning change. This is for the property at 27 and 29 Northwest 34th Terrace and 34
Northwest 35th Street. The request is from duplex residential and medium density multifamily
residential to general commercial. The zoning change is from R-2 and R-3 to C-2. This is a
component of a Major Use Special Permit, which you will be seeing at your next Commission
meeting, for the Midtown Park Major Use Special Permit. We have recommended approval of
the land use and zoning changes, and they've been recommended for approval by the Planning
Advisory Board and the Zoning Board.
Commissioner Sanchez: It's --
Chairman Gonzalez: All right.
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City Commission
Meeting Minutes May 25, 2006
Commissioner Sanchez: -- been recommended for approval by everyone?
Ms. Slazyk: Everyone.
Adrienne Pardo: Hello. My name is Adrienne Pardo -- you got here very quickly. This is
beautiful -- with law offices at 1221 Brickell Avenue. I'm here today on behalf of the property
owner. We are requesting approval of the rezoning and the comprehensive plan. We can go
through a full presentation. We have recommendations of approval. We accept all of staffs
conditions, and the Chairman is asking me, I think, to just see if you might have questions with
regards to this particular matter. Like I said, we have had all recommendations of approval,
and it's a beautiful project. We've incorporated -- this particular project, we've incorporated --
we also have a Major Use Special Permit, so we'll be back again for second reading on the
major use, and this is the project. You've seen it before, where we've incorporated --
Vice Chairman Winton: Oh, this is the one where we had the --
Chairman Gonzalez: That's what I thought.
Vice Chairman Winton: -- where I had all the original heartburn and --
Ms. Pardo: Yes.
Vice Chairman Winton: -- staff --
Commissioner Spence -Jones: Yes.
Vice Chairman Winton: OK. I'm --
Ms. Pardo: Yes, so you've seen it --
Vice Chairman Winton: I've seen it.
Ms. Pardo: -- as an alley closure. We've --
Vice Chairman Winton: So --
Ms. Pardo: -- incorporated principles of Miami 20 --1 mean, we've got retail along all four -- I
mean, retail on all four side, lining the garage on all four sides. We've incorporated a park into
this project on the west side, and if you'd like --
Vice Chairman Winton: Yeah. Move.
Ms. Pardo: -- everybody's shaking their heads --
Commissioner Sanchez: Second.
Ms. Pardo: -- so --
Vice Chairman Winton: Move PZ 20.
Chairman Gonzalez: OK. We have a motion and we have a second. It's an ordinance, but
before -- we have to open it for public input. Anyone from the public that wants to address the
Commission in reference to this item, please come forward. I see none and 1 hear none. We
have a motion and we have a second. It's an ordinance.
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Meeting Minutes May 25, 2006
The Ordinance was read by title into the public record by the City Attorney.
Chairman Gonzalez: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 4/0.
PZ.21 06-00409zc ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
FROM "R-2" TWO-FAMILY RESIDENTIAL AND "R-3" MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL TO "C-2" LIBERAL COMMERCIAL, FOR
THE PROPERTIES LOCATED AT APPROXIMATELY 27 AND 29
NORTHWEST 34TH TERRACE AND 34 NORTHWEST 35TH STREET,
MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A,"
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
06-00409zc Analysis.pdf
06-00409zc Zoning Map.pdf
06-00409zc Aerial Map.pdf
06-00409zc Application & Supporting Docs.pdf
06-00409zc ZB Fact Sheet.pdf
06-00409zc ZB Reso.pdf
06-00409zc CC Legislation (Version 2).pdf
06-00409zc CC Exhibit A.pdf
06-00409zc CC FR Fact Sheet.pdf
06-00409zc CC SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential
and R-3 Multifamily Medium -Density Residential to C-2 Liberal Commercial to
Change the Zoning Atlas
LOCATION: Approximately 27 and 29 NW 34th Terrace and 34 NW 35th
Street
APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf North Miami Avenue,
LLC
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
ZONING BOARD: Recommended approval to City Commission on March 27,
2006 by a vote of 6-0. See companion File IDs 06-00359Iu and 06-00359mu.
PURPOSE: This will change the above properties to C-2 Liberal Commercial
for the proposed Midtown Park Major Use Special Permit.
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Meeting Minutes May 25, 2006
Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this
matter be PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones
Absent: 1 - Commissioner Regalado
Chairman Gonzalez: PZ.21.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.21 is the companion. This is for
change of zoning to C-2. It has 120 foot height limit. It's been recommended for approval by
everybody, and we recommend approval.
Vice Chairman Winton: So move.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: OK. We have a motion and we have a second. This is also a public
hearing. Anyone from the public that wants to address the Commission on this item, please come
forward. I see none, 1 hear none. Public hearing is closed. It's an ordinance.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Gonzalez: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 4/0.
Adrienne Pardo: Thank you.
Chairman Gonzalez: Thank you.
PZ.22 06-00401Iu ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND
USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY
CHANGING THE LAND USE DESIGNATION FOR THE APPROXIMATE 1.64±
ACRES OF PROPERTIES LOCATED AT APPROXIMATELY A PORTION OF
600 BRICKELL AVENUE AND 57 SOUTHEAST 7TH STREET, MIAMI,
FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL"; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
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Meeting Minutes May 25, 2006
06-004011u - PAB Fact Sheet.pdf
06-00401Iu - Analysis.pdf
06-004011u - Concurrency.pdf
06-004011u - Comp Plan Map.pdf
06-004011u - Zoning Map.pdf
06-004011u - Aerial Photo.pdf
06-004011u - Application Documents.pdf
06-004011u - PAB Legislation.pdf
06-004011u PAB Reso.pdf
06-004011u CC Application & Supporting Docs.pdf
06-004011u CC Legislation (Version 2).pdf
06-004011u CC Exhibit A.pdf
06-004011u CC FR Fact Sheet.pdf
06-00401 LU Submittal-Maps.pdf
06-004011u CC SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 10544, from Office to Restricted
Commercial to Change the Future Land Use Map of the Miami Comprehensive
Neighborhood Plan
LOCATION: Approximately a Portion of 600 Brickell Avenue and 57 SE 7th
Street
APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of 600 Brickell, LLC
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City Commission
on April 19, 2006 by a vote of 8-0. See companion File ID 06-00481a, related
File ID 06-00481 and companion File ID 06-00401mu.
PURPOSE: This will change the above properties to Restricted Commercial for
the proposed 600 Brickell Major Use Special Permit.
Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter
be PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
Chairman Gonzalez: PZ 22.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZs (Planning & Zoning) 22, 23, and
24 are companion items. These are a series of land use and zoning changes for the 600 Brickell
Avenue and 57 Southeast 7 Street properties. The land use request is from office to restricted
commercial. The zoning change is from SD-5 to SD-7, and then there is another zoning
amendment for the SD-19. This is a complicate -- actually, the graphics there are probably a
better way to explain it. When the SD-5 and SD-7 boundaries were drawn over twenty -some odd
years ago, there was a bump in the zoning change, where a part of SD-5 went further into the
Central Brickell area. If you look at the graphics in your package, you'll be able to see. This --
the bump in the SD-5 was probably done to follow the property ownership at the time. What this
developer is seeking to do is to move this line back to where it should have been to create a
straight line between the SD-5 and SD-7 districts, which separates Brickell Avenue from Central
Brickell. We're recommending approval of that except for two of the lots. They're pulling the
property -- or the zoning boundary a little bit closer to Brickell Avenue than what we consider to
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Meeting Minutes May 25, 2006
be a logical extension of the category. They're doing this for a reason; that they want to develop
an office building on this property in conjunction with future phases for residential, but the SD-5
and 7 zoning districts were set up to grant a little bit higher FARs (floor/area ratios) for
residential than for office. This was done at a time when we were trying to encourage residential
into the downtown area. Now it's -- there's an office building that wants to be there, and the
FARs don't work for them, but they're also requesting the SD-19 bonuses -- or change of FAR
with SD-19 in order to be able to do this. The other mechanism that most of the other developers
have used is the bonuses, where we get money into our Affordable Housing Trust fund. What
they're doing with this project -- and we're in favor of the project. That -- you know, that's not
the issue. It's a great office project with a tremendous open space, a park space for Brickell
Avenue, but the playing with the zoning lines to get the FAR to work without contributing into
the trust funds is manipulating the FAR, you know, in a way that everybody else has done it a
little bit differently, so it isn't the project. It's how they're moving the zoning and land use
boundaries to get the FARs they need without doing it the way everybody else did, so we
recommend approval of a portion of their request, excluding two of the lots that are closest to --
actually, I'!l read which lot numbers so it's --
Vice Chairman Winton: Do we know what the trust fund payments would be if that, as you
called it, manipulation didn't occur?
Commissioner Sanchez: Trading horses.
Ms. Slazyk: You know what, 1 don't think I -- we figured that out. I don't know if their architect
had done that, but I do not know what that would be. It's --
Vice Chairman Winton: Anybody?
Ms. Slazyk: -- only limited to a 1.0 is what they could get -- or 1.0 FAR is what they could get by
paying, so if we knew their gross lot areas, 1 could probably calculate it.
Vice Chairman Winton: It probably wouldn't be a bad exercise to -- for someone to figure that
out.
Gilberto Pastoriza: May I? Good afternoon, Mr. Chairman, members of the Commission.
Gilberto Pastoriza, 2665 South Bayshore Drive. I'm here on behalf of the applicant, 600
Brickell LLC. 1 think that you need to see what it is that -- what the product that it is that we're
bringing to you today because we need to put things in perspective. We have what I think is a
truly unique, first of its kind product in Brickell Avenue. This is the only project that you have in
downtown or Brickell Avenue that has a significant public space. This project has almost
three-quarters of an acre of a public plaza on the northeast corner on Brickell Avenue and 6
Street, so I think that sometimes there's a tradeoff, and 1-- you will see, when our -- when Mr.
Alan Ward, from Sasaki Consultants, who is our consultant who did our park, you will see what
kind of efforts we have undertaken and the kind of monies that are being spent to have this very
unique, exclusive, one of its kind locations on Brickell Avenue. The project itself,
Commissioners, it is Miami 21. In fact, if we were under Miami 21 today, we would not need any
kind of readjustments of zonings. We would not need any of the things that we're requesting
today. Under Miami 21, we will be permitted the amount of FARs that we're seeking. We would
be permitted the uses, and Commissioner Winton, this morning I was sitting here today, and you
made a statement that developers were biting into the sidewalk. They were eating into the
sidewalk. Commissioner and members of this Commission, 1 will tell you that this development
exceeds the ten foot additional perimeter requirement along the streets that Miami 21 would
have required here, so we are incredibly enhancing the sidewalk and the interaction of
pedestrians.
Vice Chairman Winton: But Gil, just so you understood my point this morning, it was about
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Meeting Minutes May 25, 2006
during construction.
Mr. Pastoriza: Construction, OK Well, I thought that also you would have taken one step
further, after it gets developed, the fact that we're, you know, widening the sidewalks on all sides
of this project. Also, the way that this project, its inter -- design and interface with the street
scene -- this project, sir, if 1 could, it is a two-phase project. The first phase being an office
building with -- and we also talked about meaningful retail space. We have a total amount of
ground level retail space of over -- almost 18,000 square feet of retail space that will be around
on all sides, into the plaza, and in the second phase building. All the loading is internal. We
have minimized the number of curb cuts that we could do here. We do believe that if you put this
project in balance, yes, it is true that we do not have a -- an affordable housing contribution
here, but the fact really remains is that we're more than putting it back into the community by
creating this almost 40,000 square feet of public open space with passive and hardscape [sic]
scene. We tried to make this project as consistent as possible with Miami 21, and in fact, under
Miami 21, we would not have really needed to be doing any of these kinds of rezonings because,
if you see in the map that I gave you, that is the Miami 21 -- proposed Miami 21 designation for
this area, which is P636. I would like to bring our architect, Rod Henderer, from KTP -- KTKL -
- RTKL (Rogers Taliaferro Kostritsky Lamb), I'm sorry, and then our designer of the plaza, Mr.
Ward, that -- so that they can go into more detail of what we're really bringing to the table with
this project.
Rod Henderer: Good afternoon. My name is Rod Henderer. I'm with RTKL. I'm from
Washington, D.C., and I'd like to give a brief presentation on the project for 600 Brickell.
Before you is basically a nighttime rendering of the project. It's a two-phase project with a
lower 35-story tower to be built in the first phase, a higher mixed -use tower to be built sometime
in the future in the second phase. The cornerstone for this project is really the public plaza, as
Gil talked about. I draw parallels to this with Rockefeller Center. 1 think this is really -- has the
capability of being the Rockefeller Center of Miami, reasonably scaled down for Miami. It's not
quite as big, but the real heart and soul of this project is this public plaza. This public plaza in
scale is just about the same scale as the Rockefeller Center's plaza in New York. As -- just to
familiarize everybody -- I'm sure you know where it is -- it's at the intersection of Brickell
Avenue, between 6th and 7th Streets. These are photographs of the existing site. This is an
aerial photograph looking down on the site. Currently, there's a small eight -story building on
the northeast corner. Most of the site is, in fact, surface parking lot. These diagrams basically
show the access to the site. The site has the advantages that it has; vehicular access off of 95
without having to go onto Brickell Avenue, which I think is an advantage. The site is also well
connected and well positioned between two PeopleMover stations, so public transportation is
there to facilitate movement of people in and out of the project. Now what I have up here are
two diagrams. The diagram on the left is a diagram of what I would call the predominate
building type currently on Brickell Avenue. You build a high-rise building on Brickell Avenue, it
comes direct to the ground, and behind that, you build a parking garage. It's a very simple
formula to build, not very complex. It's a very simple formula to build The orange represents
the amount of space in these buildings that contribute to the urban life of Brickell Avenue,
contribute to the urban life of the City. The diagram on the right is the diagram for this project.
We are pushing the larger tower to the back of the site. We are rotating a first tower in order to
create this public plaza. The benefit of it in doing this diagram is the creation of this public
plaza, and it's -- will be a meaningful space, but with that also comes the issue of how you
handle parking. Parking in this particular case gets elevated above a monumental -- and I call it
a monumental podium, and built above that. We roughly estimate that the cost of doing this -- of
creating the public plaza and the inefficiencies associated with building a more complex parking
structure -- is really in the neighborhood of about $10 million. This is -- represents a $10
million investment on the part of the owners and the developers on this project to return
something of significant civic value to the City of Miami, and it will, again, be not a private
space, but a public space. This is an elevated view looking down on the space. The red
represents the amount of the public plaza, and the red -- excuse me, and you can basically see
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that depicted in the aerial perspective. With me today is Alan Ward. He's a principal with
Sasaki, the landscape architects for the project, and he'll talk in greater length about the plaza
design.
Alan Ward: My name is Alan Ward. I'm a landscape architect with Sasaki Associates. We're
based in Watertown, Massachusetts, outside of Boston, and Brickell Avenue is known all over the
country as a great address, a great street in Miami, but as a pedestrian -- and as you look at this
street as an outsider, the pedestrian environment on Brickell really isn't that great. The
sidewalks vary in widths. There isn't that much continuity block -to -block, and there really isn't
that kind of heart or focus or gathering space the way you see these spaces work in other cities,
so our aim here was to create a vital urban space, a space that will be kind of a magnet for
people, something that will really attract people all times of the day, into the evening; create that
kind offocus and bring the attention to the public realm to the sidewalk level on Brickell. Now
how do you create such a space? There's been a lot of research done on successful urban spaces
in this country, looking at examples over the last 20 years or so. These are some of the findings
that you see in each of these successful spaces, and what we've tried to do is integrate this
research into the making of this place, and 1 don't need to go through all of these, but a key
aspect is that in addition to making a beautiful design, there's also a kind of social dimension to
making these places, and as part of that, we're bringing a cafe/food service into the public space.
We're bringing a kiosk to serve coffee and beverages, movable seating. We're trying to make it a
stunning design, but also something that really serves to attract people to use this space, and
design it with an understanding of the climate, to create shade when you need shade and so
forth. These are some examples of spaces that we've done in other parts of the country which
have been informed by these principles. The other dimension that you see in these successful
spaces -- they also -- where there's some reoccurring design elements, such as many different
places to sit with a lot of variety, kind of an eye-catching use of water, a range of seating, a fair
amount offlexibility. We want to have the ability to stage events here, have concerts at
lunchtime, set up tents in the space, so there is that element offlexibility built into the design as
well. The design, as you see here, has kind of two distinct zones. There's an open paved plaza,
which widens as you move towards Brickell. It allows the views into the space from the street,
invites people in, that leads back to the phase II building, and then there's a zone to the north
which has quite a different scale. It's a zone that is covered with the shade of live oak trees. It
really aims to be a garden space that attracts people at quite a different scale than the broad
open plaza, and within that space is the cafe pavilion that serves food, beverages; at the west
end, another food and beverage kiosk; at the east end, with movable chairs. Water is a key part
of this. You can see these kind of bands of water wall that kind of opens up towards Brickell, a
more active sort of form of water, and then there's a reflecting pool right in the heart of the
space in the garden. We've also looked beyond the boundaries of just the site. The planting that
we're showing on Brickell Avenue matches the planting proposed for 500 Brickell, so it starts to
set a framework for a bigger idea of how you could repeat a treatment along Brickell and create
some continuity along this street. Also, the garden -- the reflecting pool points to the east
towards the church, so it kind of points beyond the site itself. Here it is at a larger scale showing
the garden space in contrast to the larger open paved plaza. It's kind of a contrast of the
monumental and civic -scaled with a human -scaled and intimate garden space. Here's a section -
- on the left is phase 1 building, the open plaza adjacent to it, then the garden zone and this
cafe/restaurant within it, and then 6 Street, slightly lower elevation, but still with views into the
space. This is a section cut through the open plaza looking north with this continuous seat wall,
so people will gather there at lunchtime, we assume, and then you can see how the water wall
opens up with views from Brickell, and then a longitudinal section right through the garden
looking back to the phase I building. There's a couple kind of preliminary sketches that start to
give you a feel of how inviting this will be as you look into the space from the east towards phase
I building on the left, phase II beyond. A view within the garden looking back towards the phase
II building, and then these are examples from some of our other projects of the kind of feel we're
trying to create within this space of being under the shaded grove and some of the opportunities
for the kind of planting within that kind of more human -scaled space, so finally, just to conclude,
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Meeting Minutes May 25, 2006
our sense is that this is an opportunity to set a precedent that will help turn the emphasis more to
the pedestrian on Brickell and create that kind of focus and gathering space that this kind of
world -class important street lacks today.
Mr. Henderer: I have two footnotes I'd like to make, and I'd really like to reemphasize two
things. First off, this is not just another Miami project. This is a project that, our perspective, is
a project of world -class stature, and it will be, I think, known in many respects the way
Rockefeller Center is known in New York eventually when it's finally built out. The second issue
is our client, our developer for the project, the owners for this project, is fully committed to
making this a LEEDs (Leadership in Energy and Environmental Design) rated project. There is
a full buy -in. We have hired a LEEDs consultant, and there is commitment to make this a silver
rated building. This will be the first large major project in downtown Miami that will be a silver
rated building.
Chairman Gonzalez: Thank you.
Mr. Pastoriza: 1 would just like to conclude by saying a couple of things. First is, so that you
understand, that we're seeking -- what we're ultimate seeking here with the SD-19 overlay is a
reduction in the amount of FARs that we could have built. With our request for the rezoning to
SD-7 -- SD-7 has an 8.0 coefficient FAR total, and it's distributed with 5.75 going towards
residential, 2.25 going to nonresidential. What we have done is -- since we wanted to do an
office project, what we did is we decreased the residential, and this is what your SD-19 is all
about. It's a total decrease in FARs. It's just a change from residential to office so that, at the
end of the day, the total FAR that we're seeking under the SD-19 is 6.25, could have done 8;
residential, 5.75, dropping it down to 3; and nonresidential to 3.25. I would again remind you
that we studied Miami 21. We've studied what the City has already put out there for Miami 21,
and under Miami 21, we would not have needed to do any of this, and the amount of FAR that
we're seeking is consistent with Miami 21. I would tell you that everybody that we have
presented this project to, the Urban Development Review Board, the Zoning Board, and the
Planning Advisory Board, they were all very, very, very ecstatic about the type of development
that we're bringing in here. The plaza, the public open space, they all voted for this project, so
what I would like you to do, please, is to vote on first reading as presented and not with the
exclusion of the two lots, nor the SD-19, so we are here to answer questions. That's about it.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
address the Commission in reference to this item, please come forward. All right. Seeing none
and we hear none, the public hearing is closed; comes back to the Commission.
Vice Chairman Winton: This is a number of items, right?
Ms. Slazyk: Yes --
Chairman Gonzalez: Three items.
Vice Chairman Winton: So the first step is --
Ms. Slazyk: -- 22, 23, and 24.
Vice Chairman Winton: OK, so I'm going to move PZ.22.
Commissioner Regalado: Second.
Chairman Gonzalez: All right. We have a motion and we have a second on PZ.22. It's an
ordinance. Mr. City -- Madam City Attorney.
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The Ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Gonzalez: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance is passed on first reading, 5/0.
PZ.23 06-00481a ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
FROM "SD-5" BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT
TO "SD-7" CENTRAL BRICKELL RAPID TRANSIT
COMMERCIAL -RESIDENTIAL DISTRICTS AND "SD-19" DESIGNATED F.A.R.
OVERLAY DISTRICT, TO INCREASE THE NON-RESIDENTIAL F.A.R. FROM
2.25 TO 3.25 AND REDUCE THE RESIDENTIAL F.A.R. FROM 6.0 TO 3.0
FOR A TOTAL F.A.R. OF 6.25, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 57 SOUTHEAST 7TH STREET AND A PORTION OF 600
BRICKELL AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED
IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
06-00481a Legislation.pdf
06-00481a Exhibit A.pdf
06-00481a Analysis.pdf
06-00481a Zoning Map.pdf
06-00481a Aerial Map.pdf
06-00481a ZB Reso.pdf
06-00481a Application & Supporting Docs.pdf
06-00481a FR Fact Sheet.pdf
06-00481a Submittal-Maps.pdf
06-00481a SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 11000, from SD-5 Brickell Avenue Area
Residential -Office District to SD-7 Central Brickell Rapid Transit
Commercial -Residential Districts and SD-19 Designated F.A.R. Overlay District,
to Increase the Non -Residential F.A.R. from 2.25 to 3.25 and Reduce the
Residential F.A.R. from 6.0 to 3.0 for a Total F.A.R. of 6.25 to Change the
Zoning Atlas
LOCATION: Approximately 57 SE 7th Street
Avenue
APPLICANT(S): Gilberto Pastoriza, Esquire,
FINDINGS:
PLANNING DEPARTMENT: Recommended
and a Portion of 600 Brickell
on behalf of 600 Brickell, LLC
approval of the change to SD-7
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Meeting Minutes May 25, 2006
excluding Lot 3 and Lot 7 and denial of the change to SD-19.
ZONING BOARD: Recommended approval to City Commission on March 13,
2006 by a vote of 5-3. See companion File ID 06-004011u, related File ID
06-00481 and companion File ID 06-00401 mu.
PURPOSE: This will change the above properties to SD-7 Central Brickell
Rapid Transit Commercial -Residential Districts and SD-19 Designated F.A.R.
Overlay District, to increase the non-residential F.A.R. from 2.25 to 3.25 and
reduce the residential F.A.R. from 6.0 to 3.0 for a total F.A.R. of 6.25 for the
proposed 600 Brickell Major Use Special Permit.
Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be
PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
Chairman Gonzalez: PZ.23. It's a companion.
Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. This is one of the two zoning
changes.
Chairman Gonzalez: All right. It's also a public hearing. Anyone from the public that wants to
address the Commission? Seeing none, public hearing is closed.
Vice Chairman Winton: I'm going to move PZ.23, and -- but include lot 3 and 7, and agree to
the change to SD-19, and the reason for that -- although, Lourdes, I think your original thought
was correct. However, what 1 didn't understand about this project is that they are bringing very,
very significant public value to the table in that in the most expensive land in Florida -- well,
maybe Palm Beach might, some way or another, get a little higher than that -- you know, we've
got almost an acre of land that's dedicated to public access, and 1 think that's very significant,
and the revenue that could be derived, if they would have converted that to real use, is
significant, so I think that there is a significant contribution to the public benefit, and as a
consequence, I'm not bothered by the change in those two lots, so that's my motion and my logic.
Commissioner Sanchez: Second.
Chairman Gonzalez: All right. We have a motion and we have a second, with an amendment.
It's an ordinance.
The Ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Gonzalez: And including lot 3 and 7, correct?
Gilberto Pastoriza: Yes.
Vice Chairman Winton: Yes.
Mr. Pastoriza: That's the way it is.
Ms. Slazyk: Just so the record's clear, it's as requested by the applicant.
Mr. Pastoriza: Right, as requested by us.
Chairman Gonzalez: Requested by the applicant.
Mr. Pastoriza: Yes.
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Meeting Minutes May 25, 2006
Chairman Gonzalez.: All right. Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, as modified, 5/0.
Chairman Gonzalez: PZ (Planning & Zoning) --
Ms. Slazyk: No, no, no, no.
Mr. Pastoriza.: No, no, no, not modified.
Chairman Gonzalez: No.
Ms. Slazyk: As requested by the applicant.
Chairman Gonzalez: By the applicant.
Ms. Slazyk: No modifications.
Ms. Thompson: Thank you.
PZ.24 06-00481 ORDINANCE
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
FROM "SD-7" CENTRAL BRICKELL RAPID TRANSIT
COMMERCIAL -RESIDENTIAL DISTRICTS TO "SD-7" CENTRAL BRICKELL
RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICTS AND "SD-19"
DESIGNATED F.A.R. OVERLAY DISTRICT, TO INCREASE THE
NON-RESIDENTIAL F.A.R. FROM 2.25 TO 3.25 AND REDUCE THE
RESIDENTIAL F.A.R. FROM 6.0 TO 3.0 FOR A TOTAL F.A.R. OF 6.25, FOR
THE PROPERTIES LOCATED AT APPROXIMATELY 33 AND 45
SOUTHEAST 7TH STREET AND 38, 40 AND 44 SOUTHEAST 6TH STREET,
MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A,"
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
First Reading
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06-00481 Legislation.pdf
06-00481 Exhibit A.pdf
06-00481 Analysis.pdf
06-00481a ZB Zoning Map.pdf
06-00481 CC Zoning Map.pdf
06-00481 Aerial Map.pdf
06-00481 ZB Reso.pdf
06-00481 Application & Supporting Docs.pdf
06-00481 FR Fact Sheet.pdf
06-00481 Submittal-Maps.pdf
06-00481 SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 11000, from SD-7 Central Brickell Rapid
Transit Commercial -Residential Districts to SD-7 Central Brickell Rapid Transit
Commercial -Residential Districts and SD-19 Designated F.A.R. Overlay District,
to Increase the Non -Residential F.A.R. from 2.25 to 3.25 and Reduce the
Residential F.A.R. from 6.0 to 3.0 for a Total F.A.R. of 6.25 to Change the
Zoning Atlas
LOCATION: Approximately 33 and 45 SE 7th Street and 38, 40 and 44 SE 6th
Street
APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of 600 Brickell, LLC
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended approval to City Commission on March 13,
2006 by a vote of 6-2. See related File IDs 06-004011u and 06-00481a, and
companion File ID 06-00401mu.
PURPOSE: This will change the above properties to SD-7 Central Brickell
Rapid Transit Commercial -Residential Districts and SD-19 Designated F.A.R.
Overlay District, to increase the non-residential F.A.R. from 2.25 to 3.25 and
reduce the residential F.A.R. from 6.0 to 3.0 for a total F.A.R. of 6.25 for the
proposed 600 Brickell Major Use Special Permit.
Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be
PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
Chairman Gonzalez: PZ.24 is also a companion.
Lourdes Sla_-yk (Assistant Director, Planning & Zoning): Yes. PZ.24 is the second of the zoning
changes, asking for the same things but for the other property on the 6th Street side, so --
Chairman Gonzalez: OK. This also requires a public hearing. Anyone from the public that
wants to address the Commission? Seeing none and hearing none, the public hearing is closed.
It also comes back to the Chairman -- to the Vice Chairman.
Vice Chairman Winton: So I'm moving, to be consistent here -- what am I moving?
Ms. Slazyk: Just approval as requested by the applicant.
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Meeting Minutes May 25, 2006
Chairman Gonzalez: As requested by the applicant.
Vice Chairman Winton: Thank you. So move.
Julie O. Bru (Deputy City Attorney): An ordinance of the Miami --
Chairman Gonzalez: Do 1 hear a second?
Ms. Bru: -- City Commission, with attachments --
Vice Chairman Winton: We need a second.
Commissioner Sanchez: Second.
Ms. Bru: Oh, I'm sorry.
Chairman Gonzalez: Go ahead now.
Ms. Bru: OK.
The Ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Gonzalez: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 5/0.
Mr. Pastoriza: Thank you. Happy Memorial Day.
Vice Chairman Winton: Thank you.
Chairman Gonzalez: Same to you.
PZ.25 06-00356Iu ORDINANCE
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION
FOR THE APPROXIMATE 0.20± ACRES OF PROPERTY LOCATED AT
APPROXIMATELY 3840 NORTHWEST 7TH STREET, MIAMI, FLORIDA,
FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED
COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
First Reading
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06-003561u - PAB Fact Sheet.pdf
06-003561u - Analysis.pdf
06-003561u - Concurrency.pdf
06-003561u - Comp Plan Map.pdf
06-003561u - Zoning Map.pdf
06-003561u - Aerial Photo.pdf
06-003561u - Application & Supporting Docs.pdf
06-003561u - PAB Legislation.pdf
06-003561u PAB Reso.PDF
06-003561u CC Legislation (Version 2).pdf
06-00356Iu & 06-00356zc CC Exhibit A.pdf
06-003561u CC FR Fact Sheet.pdf
06-00356LU Submittal-Composite.pdf
06-003561u CC SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 10544, from Medium Density Multifamily
Residential to Restricted Commercial to Change the Future Land Use Map of
the Miami Comprehensive Neighborhood Plan
LOCATION: Approximately 3840 NW 7th Street
APPLICANT(S): Simon Ferro, Esquire, on behalf of Hasred Inc., Contract
Purchaser and Mavicmar Inc., Owner
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City Commission
on March 15, 2006 by a vote of 8-0. See companion File ID 06-00356zc and
related File ID 06-00440zc.
PURPOSE: This will change the above property to Restricted Commercial.
Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this
matter be PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones
Absent: 1 - Commissioner Sanchez
Chairman Gonzalez: PZ.25.
Lourdes Sla_ryk (Assistant Director, Planning & Zoning): PZ.25 and 26 are companion items for
land use and zoning change. The property is 3840 Northwest 7th Street. The request is from
medium density multifamily residential to restricted commercial, with the zoning going from R-3
to C-1. This has been recommended for approval by the Planning Department, approval by the
Planning Advisory Board, and approval by the Zoning Board. This piece of property is the last
R-3 property at the intersection here of 7th Street and 38th Court. The rest of it -- that corridor
is already commercial, so we recommended approval.
Chairman Gonzalez: Is there any opposition to this item?
Roy Levi: Yeah.
Chairman Gonzalez: You are in opposition?
Mr. Levi: I'm in opposition, yes. (INAUDIBLE).
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Vice Chairman Winton: OK.
Priscilla A. Thompson (City Clerk): Commissioners, Chairman.
Chairman Gonzalez.: All right. No, don't worry. We'll call you.
Ms. Thompson: Chairman, just can 1 be clear on something, please? Mr. Levi has signed up for
PZ.27. Lourdes, is this part of --? Are there three items there?
Chairman Gonzalez: Pardon me?
Ms. Slazyk: Yeah. The -- after 25 and 26, 27 is for an SD-12 right next door, but first you -- you
know --
Commissioner Regalado: Yeah, but it's different.
Ms. Slazyk: -- 25 and 26 are companion; 27's related It's next door.
Lucia Dougherty: It makes sense to actually do all three of them at the same time, if you want to
Ms. Slazyk: All right. Then --
Ms. Dougherty: -- put that in the record.
Ms. Slazyk: -- on the PZ.27, the request is to add the SD-12 overlay buffer to the property that's
in green on this chart so that it can serve for surface parking for the subject property on 25 and
26.
Chairman Gonzalez: All right.
Ms. Slazyk: It has also been recommended for approval.
Vice Chairman Winton: OK.
Chairman Gonzalez: OK, Lucia. Go ahead.
Ms. Dougherty: Good evening -- or good afternoon, Mr. Chairman, members of the
Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on behalf
of the owner and applicants, and with me are the principals, Dr. Stuart Harris and Celina
Alvarez. The property is located on Northwest 7th Street and 38th Court. It's -- you'll notice
that it's the only yellow in this sea of red, and that is because this is medium density multifamily
and everything else on the street and everything else surrounding it is restricted commercial, so
the first application that we're asking for is to rezone this to restricted commercial, and I think
that there is this concept of reverse spot zoning. Everybody talks about spot zoning as a bad
thing. This is the opposite. This is reverse spot zoning, where you leave a piece of property that
is like all the rest of the properties in a derent category, and this medium density residential is
inappropriate. By the way, across the street here is the Kmart shopping center, and this is the
bank, the United -- it's First National Bank --
Unidentified Speaker: Bank of America now.
Ms. Dougherty: Bank of America bank, and right here is the Flagler Dog Track, so this is the
first request that we're making is for a C-I restricted commercial, which is the same -- which is
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across the street.
Chairman Gonzalez: Is that an empty lot --
Ms. Dougherty: Currently, no.
Chairman Gonzalez: -- or is there a building there?
Ms. Dougherty: It's got a multifamily building on it --
Commissioner Regalado: It's a very --
Ms. Dougherty: -- a R-3 multifamily --
Commissioner Regalado: -- very old building.
Chairman Gonzalez: 1 can't picture it.
Commissioner Regalado: Like a --
Ms. Dougherty: Yes, it's a very old --
Commissioner Regalado: -- duplex.
Ms. Dougherty: -- in fact, I'll show you a photograph in a minute of it.
Commissioner Regalado: It's a -- like one-story houses.
Ms. Dougherty: It's actually -- no, it's a two-story multifamily building.
Commissioner Regalado: Yeah.
Chairman Gonzalez: OK.
Ms. Dougherty: Then behind it are the lots that we are requesting to be -- have a overlay. Leave
it residential, but have an overlay of SD-12 in order to park -- parking to service our existing
use, and with that, I'd really like Dr. Stuart Harris to tell you a little bit about his business 'cause
I think you'll find it very interesting.
Stuart Harris: Chairman and Commissioners, my name is Dr. Stuart Harris. I'm here today
with my business partner, Ms. Celina Alvarez, and this request for zoning that we have is more of
a business issue than it is a development issue, and I'd like to give you a little background so you
can understand why we are making this request. We opened our medical business in this
location ten years ago. It was an existing office building that had been operated by an insurance
company, which went bankrupt and the State repossessed the building, and it was an empty
building that we were fortunate enough to be able to purchase. When we opened the business,
after about five years, we did an expansion immediately adjacent; added approximately 15,000
square feet, and we had not had any problems in particular with parking for all those years.
However, in the last couple of years, there are certain factors that have influenced our business
that have caused us not to have sufficient parking, and they're very simple. One is our business
is medical research. There is an FDA (Food and Drug Administration) requirement to
computerize all medical records now. We've had to put in a very large, huge computer system
and hire ten computer people to operate it. Yet, at the same time, we have had to keep the paper
medical system because for reproducibility, you have to have both systems in parallel. Also,
after ten years of being in business at this location, we have accumulated a huge number of
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medical records and these are constantly being audited by our clients, which are large
pharmaceutical companies, and lastly, we, of course, have had to add ancillary administrative
staff, like bookkeepers and people to maintain the facility, and that's our parking problem. These
workers are people that work Monday through Friday, 8 to 4, and we just simply do not have
enough parking for them. Our medical operation, which goes 24 hours a day, 7 days a week, of
course, there's ample parking for, but we do not have the parking during normal business hours
that we need for the backup. We have not been blind to this. We have rented space across the
street at the bank building. They have a large parking lot. Unfortunately, as most of the people
in this room know, the central shopping plaza, as well as the Flagler Dog Track, are probably
the two biggest relatively undeveloped pieces of land in the City of Miami. They will not extend
our lease because they know that ultimately they will redevelop. I don't know if it'll be in two
years or five years, or whatever, but we've been there for ten years. We're there to stay, and we
don't want to have our business jeopardized by not knowing what's going to be developed around
us. We're very committed to the City. More than 33 of our 120 employees, including myself, live
in the City of Miami. Our full-time physicians are all graduates of the University of Miami
medical school and residency programs. I, myself, was born in Miami; went to Palmetto High;
attended medical school at Duke University; returned to Miami to start this business with my
partner. My partner, Celina, is a graduate of the University of Miami. Her recently deceased
husband was chief resident of OB/GYN (Obstetrics/Gynecology) at the University of Miami
School of Medicine. Her father, Manuel Rodriguez, is a well-known cardiologist, who's been in
practice in the Miami area for over 20 years until he recently retired. We have -- most of our
clients that are large pharmaceutical companies come from New York, New Jersey,
Pennsylvania, Chicago on a daily basis. They use the hotels and restaurants in Miami. Our
programs use a local restaurant to do all the catering. We are committed to this location and
this neighborhood, and we would, you know, appreciate your approval so we can maintain our
business in this area. Thank you.
Chairman Gonzblez: Thank you.
Ms. Dougherty: I think that one of the things that he didn't tell you is that he actually started the
first Pollo Tropical in this location -- how many years ago?
Mr. Harris: 1988.
Ms. Dougherty: -- in 1988, so he's been committed to this particular neighborhood for a pretty
long time, so again, the issue is parking, and we have exactly 50 parking spaces, and as you
heard, we have 100 employees, and this was a preexisting use with 50 parking spaces, and in
phase I, we intend to put a parking lot both on the commercial side as well as the -- behind it,
and we would have 82 spaces, so we have an additional 22 parking spaces.
Mr. Harris: Thirty-two.
Unidentified Speaker: Thirty-two.
Ms. Dougherty: Thirty-two parking spaces. Thank you. Math was never my thing. On phase II,
we have -- we were intending to put 8,000 square foot additional administration --
administrative offices, and I'd like to show you the rendering as done by Isaac Sklar, who is our
architect, and is here this afternoon. I brought a photograph of our existing parking lot so you
can see the congestion that we have on a daily basis, and when we went to the Planning Advisory
Board, we had some folks come from the neighborhood who said this is a great -- this is a good
facility, these are good neighbors, except that everybody parks in our neighborhood, so if we
could solve your parking problem, which is what we're trying to do today, this would be a benefit
to everyone, so the issue is we've -- creating jobs. We want to sustain the jobs. This is a business
that we want to keep in Miami, and we want to make sure that it stays here and becomes viable,
and therefore, has the infrastructure, such as parking, that we need to keep it here for its
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continued success, and it also solves the parking problems for the neighborhood. We've been
recommended for approval by the staff, the Planning Advisory Board, and the Zoning Board.
We have recommendations of approval -- actually, we have letters of support from the folks who
live in the single-family neighborhood across the -- the single-family homes directly across the
street, and 1 will submit them for the record, and 1 have a petition from the 50 employees who
live in the City of Miami who also worker -- work -- employees of this particular company, and I
have their petitions here. With that, I'd like to reserve some time for rebuttal.
Chairman Gonzalez: All right. OK. This is a public hearing. Anyone from the public that
wants to address the Commission in reference to this item, please come forward.
Roy Levi: My name is Roy Levi. I live at 3889 Northwest 6th Street, and my property --1 moved
there in 1959. (UNINTELLIGIBLE). It's a three-family --1 mean, I'm sorry, a three -bedroom,
one bath home. It's been that way since we owned it, and it's -- and that's that way now. It's
never been changed at all; has been no additions to it, and it remains the same as it was. We've
kept it up, maintained it, raised a family, and hopefully, we'll enjoy our retirement there. I'm
against the intrusion into our neighborhood. He gives out the impression that he is a pristine
businessperson. He's been there for quite a while, and I just make a little bit -- take a little of
your time just a minute --1 have a recording that --
[An audio recording was played at this point.]
Vice Chairman Winton: May I --?
Mr. Levi: Thank you. Thank you so much for listening to that. 1 have to listen to that regularly
on an irregular basis.
Vice Chairman Winton: What is it?
Chairman Gonzalez: What is that?
Mr. Levi: It's a generator that's about maybe 50 to 100 feet from my backyard, best I can see,
and I'm not quite sure how far away from the porch it is. I'm inside my Florida room and I'm
recording this just this past month. It goes off regularly. It goes off during the night. I
understand there's a cause for it. They don't have adequate electricity, but it gives us a
(UNINTELLIGIBLE). I don't know what you're going to do with this as a commercial -- this
residential -- this apartment house, what it's going to do. Are you bringing it into a commercial,
and are we going to have this same noise? So I don't know the situation there, so what we're
doing -- yeah, I'm against this, of course. It's going to ruin my neighborhood. Now you've got --
1 think you're -- they're talking about the property on 7th Street. I hope you are because that's
what I'm talking about now. They also petitioned you for the two pieces of property at 600
Northwest 38th Court and 3885 Northwest 6 Street, which abuts my property. Now they've taken
the six properties -- the six lots on Northwest 7th Street. Now they want -- are we addressing the
two pieces of property on 6 -- on 38th Court and the Northwest 6 Street?
Vice Chairman Winton: Yes.
Mr. Levi: We are? This is all together?
Vice Chairman Winton: Yes.
Mr. Levi: Oh, very good. All right, then 1'!l -- I'm kind of apprehensive about complaining too
much about what happened, but I will. I don't think it should be done. Look at the -- you can see
that what it looks like. There's going to be four people -- pieces of property that are going to
remain residential, and that is -- seems kind of ridiculous. 1 don't know what they're going to do
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in the future, whether they're going to put a high-rise or what they do on that property, but if
you're going to change something, change the whole neighborhood. Change my property to
commercial; change the other three lots to commercial and make it -- our lots much more
expensive and much more valuable, so it's just the way we go. I'd rather not put it in my
neighborhood, and I hope you do see -- oh, I want to applaud you for your assistance to the
veterans that are returning from Iraq, and 1 hope you do well with them. Thank you much.
Chairman Gonzalez: Thank you, sir.
Commissioner Sanchez: Thank you.
Chairman Gonzalez: Anyone else from the public? Yes, sir. Yes, you.
Miguel Alvarez: Hello. Good afternoon, Mr. Chairman, Vice Chairman, Commissioners. My
name is Miguel Alvarez. 1 am the owner of the restaurant Don Camaron, located at 501
Northwest 37th Avenue, right across from the Flagler Dog Track and just a few blocks away
from Seaview Research. I have a business relationship with Seaview Research for several years
now. Our relationship has produced significant amount of commerce and jobs for many
residents in the area. I know Seaview is in serious need of parking because I see it on a daily
basis. I'm here today in support of their effort to gain additional parking. Thank you.
Chairman Gonzalez: Thank you. Anyone else? All right. Seeing none, I'm going to close the
public hearing; bring it back to the Commission. Commissioner Regalado, you're recognized.
Commissioner Regalado: Thank you very much, Mr. Chairman, and that is the area that we
represent, and the issue in that area, the main complaint in that area is parking. Whenever there
is an activity on the dog track, you can see the signs over there on 38th all the way to 3rd Street:
"No Parking Anytime During Events." Then when there is a fair on the central shopping center,
most of the stores tell the employees to go park somewhere, and those who can park in Chairman
Gonzalez area, and those who are not able to park in the Chairman's district, they cross 7th
Street and park south of -- in front of the residents, and then we get the complaints. That is the
major complaint in the area. Definitely, anyone who's trying to do parking that will avoid this
situation in the residential area, for me, it's welcome. We had a similar situation about three
years ago with the medical doctor's office in Coral Way and 31st Avenue, and some of the
residents came here and said, well, you know, we don't want this SD-12 because it is an
intrusion, like the gentleman said, but they also complained about the cars blocking their
driveways, and them not be able to park. Today we get thanks from those residents because the
way that the Commission approved that is, well, you can only do parking, but you have to have a
fence. You have to have landscaping. You have to have lights. You have to have security,
which, in turn, has helped the area. The complaints have all but decreased. The medical
doctor's office, who has a security guard all the time, will be able now to lease some of the
parking at night to the restaurants the restaurant that has been built right across the street in
Coral Way, who does not have parking, so, to me, it really makes sense, and 1 would ask the
resident, which I think he deserves to be heard because he's here since the morning, to go by on
Coral Way and 21st Terrace -- 31st Avenue and see what is there on 21st Terrace, and if you are
able to do that, then it's worth it because it doesn't look like a parking. It looks like a protected
residential area. Actually, they bought palm trees, and we have beautiful palm trees. On the
issue of the generator, 1 would tell you that several places that do have generator have to have
them encased or enclosed, or whatever. That would be up to Building and Zoning. 1 know that
for a fact because my across -the -street neighbor bought a big generator, and Zoning and
Building had to get involved; an inspector had to go, and he has to have it enclosed, and we will
not bother the residents, so I think that that's another issue, and I think, you know, the resident is
right, if they going to have the generator on for whatever reason. I think --1 don't know much
about this business, but since I follow the news, just now a company that does the same thing that
you do is closing for good and moving to New Jersey, and the building is been demolished in
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Meeting Minutes May 25, 2006
Biscayne Boulevard, as we all know -- SFBC (South Florida Bioavailability Clinic), I think it
was called -- and they're going to lay off 257 employees, and of course, those clients of these
people will be moving on, and hopefully, will be moving on to our district, but -- so that will be
an issue of parking, so Mr. Chairman, I'm willing to move PZ.25 for -- to accept the Planning
Department recommendations.
Chairman Gonzalez: All right. We have a motion on PZ.25. Do 1 have a second?
Commissioner Spence -Jones: Second.
Chairman Gonzalez: And we have a second. It's an ordinance. Discussion.
Vice Chairman Winton: Yes.
Chairman Gonzalez: Discussion, Commissioner Winton.
Vice Chairman Winton: Discussion. I'm more bothered by this because -- I understand what the
applicant's trying to do and agree with what he's trying to do, so 1 don't have a quarrel with that.
What I'm concerned about is what comes later -- and we've had this discussion before -- but once
-- you have those two lots in green --
Ms. Dougherty: Are staying residential. We're not changing the zoning on that.
Vice Chairman Winton: Oh, the zoning stays residential?
Ms. Dougherty: Correct.
Commissioner Regalado: Yeah, yeah, yeah, yeah.
Vice Chairman Winton: Oh, OK, OK.
Commissioner Regalado: It's SD-12.
Vice Chairman Winton: OK.
Commissioner Regalado: SD-12.
Vice Chairman Winton: OK. Well, I was -- I had forgotten that the SD-12 -- if --
Ms. Dougherty: Right.
Vice Chairman Winton: The SD-12 actually requires that it stay R-1, and it can't be changed, no
matter what, in the future.
Ms. Dougherty: You know, that's correct, and one of the things that Commissioner Regalado
mentioned is why it looks residential is because the SD-12 requires us to come back and get a
special exception and have a 20-foot landscape buffer with --
Vice Chairman Winton: Great.
Ms. Dougherty: -- a wall all the way --
Vice Chairman Winton: OK.
Ms. Dougherty: -- around it.
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Vice Chairman Winton: Then I think the last point -- and Commissioner Regalado spoke to it,
but I think we ought to put more teeth in it. I think that the gentleman here deserves to have
quiet enjoyment in his house, and I think that --
Commissioner Regalado: Absolutely.
Vice Chairman Winton: -- as a condition of acceptance of this application -- some -- we can't
require that the --?
Ms. Slazyk: No. You can't put conditions on a zoning change --
Ms. Dougherty: We could do it on the --
Commissioner Regalado: But we can put --
Ms. Slazyk: -- but they can proffer something.
Ms. Dougherty: -- special --
Commissioner Regalado: -- well, we can --
Vice Chairman Winton: Well, yeah.
Commissioner Regalado: No, but we can put a covenant on the SD-12.
Vice Chairman Winton: No, I --
Ms. Slazyk: They can proffer --
Vice Chairman Winton: -- would require a proffering of either changing out the generator,
doing whatever you have to do to that generator to make it quiet because there is no reason why
the neighbor should have to put up with the loud noise of that emergency generator when it's --
and 1 know you have to -- you got to turn those things on periodically or they won't work, and it's
that periodic turn -on that creates the huge noise, and I don't think that's acceptable, and so 1
would be much more inclined to vote in favor of this if there was some sort of proffering here.
Ms. Dougherty: We will definitely address that issue, but it also can be made a condition when
we come back for the special exception. You can't condition the rezoning --
Vice Chairman Winton: Oh.
Ms. Dougherty.' -- but you can condition the special exception --
Vice Chairman Winton: Great --
Ms. Dougherty: -- so that can be something that we can --
Vice Chairman Winton: -- so y'all can work --
Ms. Dougherty: We will address it before then though.
Vice Chairman Winton: -- on that, and when it comes --
Ms. Dougherty: Yes.
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Vice Chairman Winton: -- back here, then well have the answer; is that correct?
Ms. Dougherty: Correct.
Vice Chairman Winton: OK, great.
Chairman Gonzalez: All right. It's an ordinance. Madam City Attorney, would you please read
the ordinance?
The Ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Gonzalez: Roll call, please.
Ms. Thompson: Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 4/0.
PZ.26 06-00356zc ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 25 OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1"
RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3840 NORTHWEST 7TH STREET, MIAMI, FLORIDA,
MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
06-00356zc Analysis.pdf
06-00356zc Zoning Map.pdf
05-00356zc Aerial Map.pdf
06-00356zc Application & Supporting Docs.pdf
06-00356zc ZB Fact Sheet.pdf
06-00356zc ZB Reso.PDF
06-00356zc CC Legislation (Version 2).pdf
06-003561u & 06-00356zc CC Exhibit A.pdf
06-00356zc CC FR Fact Sheet.pdf
06-00356ZC Submittal-Composite.pdf
06-00356zc CC SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily
Medium -Density Residential to C-1 Restricted Commercial to Change the
Zoning Atlas
LOCATION: Approximately 3840 NW 7th Street
APPLICANT(S): Simon Ferro, Esquire, on behalf of Hasred Inc., Contract
Purchaser and Mavicmar Inc., Owner
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FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
ZONING BOARD: Recommended approval to City Commission on April 24,
2006 by a vote of 7-0. See companion File ID 06-00356Iu and related File ID
06-00440zc.
PURPOSE: This will change the above property to C-1 Restricted Commercial.
Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this
matter be PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones
Absent: 1 - Commissioner Sanchez
Chairman Gonzalez: PZ.26 --
Lucia Dougherty: Thank you very much.
Chairman Gonzalez: -- is a companion. It's also a public hearing. Anyone from the public that
wants to address the Commission in reference to this item, please come forward. Seeing none,
hearing none, the public hearing is closed.
Commissioner Regalado.' Move --
Chairman Gonzalez: Commissioner Regalado.
Commissioner Regalado: --PZ26.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: OK. We have a motion and we have a second. It's also an ordinance.
The Ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Gonzalez: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has --
Chairman Gonzalez: PZ.27.
Ms. Thompson: -- been passed on first reading, 4/0.
PZ.27 06-00440zc ORDINANCE
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "R-1" SINGLE-FAMILY
RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 3885 NORTHWEST 6TH
STREET AND 600 NORTHWEST 38TH COURT, MIAMI, FLORIDA, MORE
First Reading
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City Commission
Meeting Minutes May 25, 2006
PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
06-00440zc Analysis.pdf
06-00440zc Zoning Map.pdf
06-00440zc Aerial Map.pdf
06-00440zc Application & Supporting Docs.pdf
06-00440zc ZB Fact Sheet 04-10-06.pdf
06-00440zc ZB Fact Sheet 04-24-06.pdf
06-00440zc ZB Reso.pdf
06-00440zc CC Legislation.pdf
06-00440zc Exhibit A.pdf
06-00440zc CC FR Fact Sheet.pdf
06-00440ZC Submittal-Composite.pdf
06-00440zc CC SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family
Residential to R-1 Single -Family Residential with an SD-12 Buffer Overlay
District to Change the Zoning Atlas
LOCATION: Approximately 3885 NW 6th Street and 600 NW 38th Court
APPLICANT(S): Simon Ferro, Esquire on behalf of Hasred, Inc.
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
ZONING BOARD: Recommended approval to City Commission on April 24,
2006 by a vote of 5-2. See related File IDs 06-00356Iu and 06-00356zc.
PURPOSE: This will change the above properties to R-1 Single -Family
Residential with an SD-12 Buffer Overlay District.
Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this
matter be PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones
Absent: 1 - Commissioner Sanchez
Lourdes Slayk (Assistant Director, Planning & Zoning): PZ20 --
Chairman Gonzalez: PZ27.
Ms. Slazyk: This is the request to add the SD-12 buffer overlay district to 3885 Northwest 6
Street and 600 Northwest 38th Court. It's been recommended for approval by the Planning
Department and by the Zoning Board.
Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants
to address the Commission, please come forward. Yes, sir.
Roy Levi: Is that the 600 Northwest 38th Court?
Chairman Gonzalez: Yes, sir.
Mr. Levi: OK. I'm still here. Like I've indicated, I've been with my house --
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Chairman Gonzalez: We need your name and address, please.
Mr. Levi: My name is Roy Levi. I live at 3889 Northwest 6 Street. I purchased the house in
1959, and I have made no additions or corrections to the house. 1 appreciate being here and I
applaud you again for your support of the veterans. My concern is about changing any zoning
in our neighborhood that might hurt -- they've talking about the parking, how they fill up. I've
heard that story. They do have special programs at the dog track and they will fill up my street
and all the other streets in the neighborhood, but by having this particular parking for these
people that will not help the neighborhood. It will, of course, increase the traffic trifold It has
to do that. If they going to have this new residential come in or they have a new building that's
going to come in and have offices in it, they going to have to have two cars to apartment or
whatever they put in, and it's going to increase the traffic. It's going to be -- we have young
children in the neighborhood now. Luckily, they are coming back, so we do have high density in
our neighborhood in the apartment houses and in the multifamily dwellings. I guess there's 90
percent of the families' houses in our neighborhood between Flagler Street and 7 Street and
42nd Avenue and 37th Avenue, 90 percent have additions to their houses, so appreciate the fact
that we do have a lot of young people, a lot of young children in our neighborhood and that they
do have young children that are going to school and they'll be walking in the neighborhood. By
putting in this as a parking lot -- they have two nice houses there. One has had an addition to
the backside of it, 1 didn't notice that, and they've almost added 20 -- I guess, 20 by 40 foot
additions to the house. That's 600 Northwest 38th Court that's had an addition since the last
time I knew about it, since 1998, so it's going to be a hazard to the neighborhood. I know that 1
shouldn't complain about these things because it's a probability -- you wouldn't believe this, but
they added to my tax rolls. I've had three -bedroom, one bath house all the time, and you know,
for a period of time there in the last two or three years, they added an extra half bath to my tax
rolls so that my taxes, at one point in time, were increased to one and a half baths, and 1 think
that's kind of scary once in a while, and I know the Building and Zoning Department, or
somebody from the -- they're going to haul off my cars as abandoned vehicles, and my wife, who
was alive at that time, we both used our cars everyday, and that was a real shock to the system to
come out one day and see that there's an abandoned tags or big things upon my windshield that
said that, hey, man, you don't live here no more, and so I'm concerned about that. 1 hope I don't
have any other problems, but maybe we can deal with them. Thank you very much. Appreciate
your time, and thank you.
Chairman Gonzalez: Thank you, sir.
Commissioner Regalado: Thank you.
Chairman Gonzalez: Anyone else from the public? All right. Seeing none and hearing none,
the public hearing is closed; comes back to the Commission.
Commissioner Regalado: Mr. Chairman, when do we get the proffer and the covenant in terms
of this property? Is it -- are we do it now, Madam City Attorney, or --?
Julie O. Bru (Deputy City Attorney): 1 believe the recommendation of the Planning Department
is to wait when we come back with the special exception --
Chairman Gonzalez: Right.
Ms. Bru: -- and at that time, we can include that.
Commissioner Regalado: So when would you be coming with a special exception?
Ms. Dougherty: We intend to apply next month.
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Commissioner Regalado: I'm sorry?
Ms. Dougherty: We intend to apply next month, and remember, we can't use the property for
anything other than residential until we get the special exception --
Ms. Slazyk: Exactly.
Commissioner Regalado: 1 understand.
Ms. Dougherty: -- and the special exception will not allow us to enter our parking lot from the
residential. We have to do it from -- you know.
Commissioner Regalado: Of course, of course. That is a -- but what I was going to tell you is
that -- and that is up to the property owner. When you come back, you should have resolved at
least the issue of the noise with some kind of design to enclose the generator or whatever it takes.
Also, if you can bring, for the benefit of the people -- and I really understand and this resident
has gone through any other issues not related to this, which I think should be addressed
somehow -- but to have at least some drawings of what would be the landscaping fronting the
residential street.
Ms. Dougherty: We have one here today. This is a post rendering. Again, the Planning
Department hasn't seen it, so they may ask for some more additional landscaping. This is, again
-- has not gone through the system, so the Planning Department may have comments, but this
would be -- the residential street will have a wall, and it will have landscaping -- 20-foot
landscape buffer before the wall, so there'll be street, 20-foot landscape buffer and wall and no
entrances to this from the residential side.
Commissioner Regalado: OK. Thank you. I'll move PZ.27.
Chairman Gonzalez: All right. We have a motion on PZ.27 --
Commissioner Spence -Jones: Second.
Chairman Gonzalez: -- and we have a second. It's an ordinance. Madam City Attorney.
Ms. Bru: Yes.
The Ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Gonzalez: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 4/0.
Ms. Dougherty: Thanks very much.
PZ.28 06-00396Iu ORDINANCE
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF
THE PROPERTY LOCATED AT APPROXIMATELY 3921 WEST FLAGLER
First Reading
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Meeting Minutes May 25, 2006
STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" AND "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED
COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
06-00396Iu Legislation.pdf
06-003961u & 06-00396zc Exhibit A.pdf
06-003961u Analysis.pdf
06-003961u Land Use Map.pdf
06-003961u & 06-00396zc CC Aerial Map.pdf
06-003961u School Impact Analysis.pdf
06-00396Iu PAB Reso.pdf
06-003961u Application & Supporting Docs.pdf
06-00396Iu FR Fact Sheet.pdf
06-00396LU Declaration of Restrictive Covenants.pdf
06-003961u SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 10544, from Medium Density
Multifamily Residential and Single Family Residential to Restricted
Commercial to Change the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan
LOCATION: Approximately 3921 West Flagler Street
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Premier
Management and Investments Company, Inc.
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended approval to City
Commission on March 1, 2006 by a vote of 6-1. See companion File ID
06-00396zc.
PURPOSE: This will change the above property to Restricted Commercial.
Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter
be PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Gonzalez
Chairman Gonzalez: PZ.28.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.28 and 29 are companion items for
a land use and zoning change. The property address is 3921 West Flagler Street. The request is
from medium density multifamily residential and single-family residential to restricted
commercial, with the change of zoning from R-1 and R-3 to C-1. The Planning Department has
recommended denial. The Planning Advisory Board has recommended approval of the land use
change, and the Zoning Board had a motion to approve that failed, which constituted a
recommendation of denial for the companion zoning change.
Chairman Gonzalez: All right.
Ben Fernandez: Good evening, Mr. Chair, members of the Commission. Ben Fernandez, 200
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South Biscayne Boulevard, here on behalf of the property owner. With me is our project
architect, Mr. Javier Font, also with me is Mr. Carlos Gil, Sr., the property owner, and we are
here -- this application is actually in the same area that you were just looking at. This is the
Flagler Dog Track, and you were just considering the property that was right -- that's right here.
This property is here on Flagler Street, just sort of catty -corner from it, about three blocks away.
What's interesting about this area -- that's what's similar about this application to the prior
application. It's on a major street. It's on Flagler Street, a major commercial corridor. Every
single property from 37th Avenue to 42nd Avenue along this corridor is zoned either commercial
or office. Everything that you see here in orange or red along this corridor is already restricted
commercial or office except for this piece in the middle, which is brown. It's R-3, and the reason
that it's R-3 is because unlike many of the other corridors in our city that have benefited from
redevelopment, this property still looks like this. This is the backside of the property. These are
the apartment buildings that are on there now, and this is the surface parking area that extends
from Flagler Street all the way to Flagler Terrace, which is over here. As you can see, the view
that the neighbors have is a broken chain link fence and a sea of parking with zero landscaping.
We are requesting a rezoning in order to make this property consistent with every other property
along 7th Street. We have had absolutely zero objections from the area residents. Mr. Gil's
office is directly across the street from this property. He has a vested interest in this property,
and we have, additionally -- although we're not required to do this by the Code -- we have
submitted a site plan to the Department, and the Department has responded to our comments,
given us internal design review comments. We've been addressing those comments, and we've
also proffered a declaration of restrictions, which is going to require that the property owner,
essentially, design a plan that is consistent with the internal design review comments that we've
received, and the covenant that you have that we've passed out requires that the development
along Flagler Terrace be a maximum of 25 feet in height.
Vice Chairman Winton: How many, 25?
Mr. B. Fernandez: Twenty-five feet in height, directly across Flagler Terrace. Behind that, it
can go to 50 feet in the middle of the project. The idea of this rezoning is simply to facilitate the
redevelopment of the lots facing Flagler Street by increasing the intensity on those lots, but
assuring that we will maintain a residential transition into the Flagler Terrace area. This is an
area that, of course, is close to the airport. It's got retail, a major retail shopping center just
down the street. It's got an excellent access to major transportation corridors everywhere.
We've gotten a favorable recommendation from the Planning Advisory Board. They understood
our arguments and recommended approval of this application, and we have also submitted
revised plans to the Department. 1 think we're very close to getting them to agree with us that
this is a good application, and what we would ask you to do is to approve this application on
first reading and allow us to proffer -- finalize the terms of this covenant, finalize the internal
design review process. By the time we get to second reading, I think that everyone will be very
comfortable with this, including the Department, and really we're here to answer any questions
you have about the application. We've also, I might note, sat down with the School Board, and
we've agreed to proffer a covenant to the School Board that will address our additional impacts
to the area schools. Although the area schools are all operating within acceptable utilization
rates, we have agreed to proffer a covenant that will mitigate the impact of our project on
schools.
Commissioner Regalado: Well, the next -- the closest school will be Kinloch, which is about
three blocks away on 41st and Northwest Flagler Terrace, and that school is under the limit.
Well, now with this class reduction, we don't know, but it's acceptable -- it has acceptable levels
now. The other issue, Mr. Chairman, is that --
Vice Chairman Winton: Let me do the public hearing.
Commissioner Regalado: OK.
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Vice Chairman Winton: Is that your presentation?
Mr. B. Fernandez: Well, yes. I just wanted to point out that this is the -- this is what is across
the street now. In terms of compatibility with Flagler Street, you have office buildings already in
the area. This is another sample -- this is the other corner, the office building that's there, so we
think that this is introducing a mixed -use. A residential with ground floor retail use in this area
is really what Flagler needs. There isn't a lot of pedestrian activity on Flagler the way you have
it on Coral Way and the way you have it on 8 Street, and what we think that this is the kind of
product that's going to begin to generate that kind of walking activity from 39th to where you
have a shopping center on 37th -- you have a major shopping center on 37th Avenue.
Vice Chairman Winton: That's your presentation?
Mr. B. Fernandez: That's it. Thank you.
Vice Chairman Winton: OK. This is a public hearing. Anyone -- this is PZ28. Anyone from the
-- this is 28 or 29?
Jorge L. Fernandez (City Attorney): Yes, 28.
Vice Chairman Winton: PZ28 or 29?
Commissioner Sanchez: 29.
Priscilla A. Thompson (City Clerk): 28.
Mr. Fernandez: No, no, you're on --
Ms. Slazyk: It's --
Commissioner Regalado: 20 --
Mr. Fernandez: -- 28.
Vice Chairman Winton: 28, right?
Commissioner Sanchez: 28?
Vice Chairman Winton: Right.
Ms. Slazyk: Yeah, 28 and --
Mr. Fernandez: This is the comp. plan --
Ms. Slazyk: -- 29.
Mr. Fernandez: -- change.
Vice Chairman Winton: Anyone from the public like to comment on PZ28? Anyone from the
public? If not, the public hearing is closed. Commissioner Regalado.
Commissioner Regalado: Yes. Thank you very much, Mr. Chairman. 1 know that area, and --
well, I'm sorry to say and I'm really a little ashamed to say that the only people that sometime
walk that sidewalk are the ladies of the night, and the police is taking care of that as we speak,
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so -- and you know, Mr. Fernandez was showing what is across the street. It is a very, very
different scene when you look at the other side of the street on Flagler Street because of the
situation of that property. I am, Mr. Chairman, ready to move this ordinance and wait for, on
the second reading, any covenent that we will be able to accept in terms of this residential scale
and in terms of what is going to be on northwest -- or fronting Northwest Flagler Terrace, which
is the residential area --
Ms. Slazyk: Exactly.
Commissioner Regalado: -- but the Flagler Street, the most logical thing is what you're trying to
do for Flagler Street. It's something that it needs to be done in Flagler. By the way, there is no
construction in Flagler, as we speak now, from 27th to --
Mr. B. Fernandez: 6th Avenue.
Commissioner Regalado: -- from Le Jeune, there is no construction at all in Flagler Street at
this moment, so Mr. Chairman, I'm moving PZ28 on the first reading.
Commissioner Sanchez: Second.
Vice Chairman Winton: We have a motion and a second. Discussion. I would like to make one
comment, and that is that absent the proffer that the developer brought forward, my vote was
clearly going to be "no" because I was very concerned about the intrusion on Northwest Flagler
Terrace, but the fact that you're bringing a height limit on Flagler Terrace, which fronts across
the street an R-1 neighborhood of 25 feet, is exactly what got me over the hump here, and
clearly, Flagler Street is a high density area. It has been for a long time; always has been,
always will be, so my hat's off to you all in terms of thinking about how you actually protect and
create the appropriate buffer between that higher density commercial frontage on Flagler and
the R-1 neighborhood directly behind it.
Commissioner Regalado: It's an ordinance.
Vice Chairman Winton: Is this an ordinance? Read the ordinance, please.
Mr. Fernandez: Yes, it is.
The Ordinance was read by title into the public record by the City Attorney.
Vice Chairman Winton: Roll call, please.
Ms. Thompson: Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 4/0.
PZ.29 06-00396zc ORDINANCE
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 32 OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
FROM "R-1" SINGLE-FAMILY RESIDENTIAL AND "R-3" MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 3921 WEST
First Reading
City of Miami Page 176 Printed on 6/20/2006
City Commission
Meeting Minutes May 25, 2006
FLAGLER STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED
IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
06-00396zc Analysis.pdf
06-00396zc ZB Zoning Map.pdf
06-00396zc ZB Aerial Map.pdf
06-00396zc Letter of Intent.pdf
06-00396zc Application & Supporting Docs.pdf
06-00396zc ZB Fact Sheet.pdf
06-00396zc ZB Reso.pdf
06-00396zc CC Zoning Map.pdf
06-003961u & 06-00396zc CC Aerial Map.pdf
06-00396zc Legislation (Version 2).pdf
06-003961u & 06-00396zc Exhibit A.pdf
06-00396zc CC FR Fact Sheet.pdf
06-00396zc CC SR Fact Sheet.pdf
REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family
Residential and R-3 Multifamily Medium -Density Residential to C-1 Restricted
Commercial to Change the Zoning Atlas
LOCATION: Approximately 3921 West Flagler Street
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Premier Management
and Investments Company, Inc.
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended denial upon a motion to approve, which
failed to City Commission on April 24, 2006 by a vote of 3-4, requiring five (5)
favorable votes. See companion File ID 06-003961u.
PURPOSE: This will change the above property to C-1 Restricted Commercial.
Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this
matter be PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Gonzalez
Vice Chairman Winton: PZ29, companion item.
Commissioner Sanchez: That's the proffer.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ29 is the companion. This is the
zoning change. If a proffered covenant is going to be accepted, this is the item where it should
be. I believe that something that for second reading we're going to continue to work with the
applicant on.
Vice Chairman Winton: Great.
Commissioner Sanchez: Counsel, could you put your proffer on the record?
Ben Fernandez: Absolutely. On PZ29, we proffer to covenant to provide a town home liner
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City Commission
Meeting Minutes May 25, 2006
along Flagler Terrace; that the maximum height of any development located within the first 25
feet from Flagler Terrace shall not exceed 25 feet, and the following 50 feet shall not exceed 50
feet in height; that we will complete the internal design review process prior to applying for a
building permit, consistent with the C-1 zoning district, and that the maximum building height
shall not exceed a height above 63 -- a 63-degree angle line, commencing from the setback line.
Commissioner Regalado: Thank you.
Commissioner Sanchez: All right. So move.
Commissioner Spence -Jones: Second.
Vice Chairman Winton: We have a motion. We have a second, and I'm assuming that is
accepting the proffered covenant in your motion --
Commissioner Sanchez: Absolutely.
Vice Chairman Winton: -- and with the direction that the developer's going to continue to work
with Planning staff on the things that they have to do between now and second reading. Is that
correct?
Commissioner Sanchez: Yes, sir.
Vice Chairman Winton: OK, so we have -- did 1 do the public hearing?
Jorge L. Fernandez (City Attorney): No, not yet.
Commissioner Sanchez: No.
Vice Chairman Winton: This is a public hearing. PZ29, public hearing. Anyone from the
public like to comment on PZ29? Seeing none, the public hearing is closed We have a motion
and a second with the proffer. Any further discussion? If not, read the ordinance, please.
Mr. Fernandez: Yes.
The Ordinance was read by title into the public record by the City Attorney.
Vice Chairman Winton: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 4/0.
Mr. B. Fernandez: Thank you.
Vice Chairman Winton: Thank you. Mr. City Attorney, I would like to call for a 10-, 15-minute
recess --
Mr. Fernandez: Fine.
Vice Chairman Winton: -- and --
Commissioner Sanchez: Which one is this?
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Meeting Minutes May 25, 2006
Vice Chairman Winton: -- reconvene at --
Ms. Slazyk: That's for PZ 30. Just --
Vice Chairman Winton: Yes.
Commissioner Sanchez: All right.
Vice Chairman Winton: Yes. I'm sorry?
Ms. Slazyk: This is -- what's being handed out right now is a substitute resolution for PZ.30 --
Vice Chairman Winton: OK, so --
Ms. Slazyk: -- so for the break take -- you can take a look.
Commissioner Spence -Jones: How long?
Vice Chairman Winton: Fifteen minutes, so that would be 25 of 6 we should be back.
PZ.30 03-0415 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO.
11000, AS AMENDED, FOR THE KUBIK AT MORNINGSIDE PROJECT, TO
BE LOCATED AT APPROXIMATELY 5600-5780 BISCAYNE BOULEVARD,
MIAMI, FLORIDA, TO BE PROPOSED AS TWO 14-STORY BUILDINGS WITH
TWO DESIGN OPTIONS WITH THE "ALTERNATIVE A" OPTION
COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 41,745 SQUARE
FEET OF RETAIURESTAURANT SPACE, AND APPROXIMATELY 422
TOTAL PARKING SPACES; OR THE "ALTERNATIVE B" OPTION WHICH IS
COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 33,046 SQUARE
FEET OF RETAIURESTAURANT SPACE, AND APPROXIMATELY 362
TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA
RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS
OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
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03-0415 MUSP Fact Sheet 05-06-04.pdf
03-0415 MUSP Analysis.PDF
03-0415 Zoning Map.pdf
03-0415 Aerial Map.pdf
03-0415 PAB Resos.PDF
03-0415 Special Exception Fact Sheet.pdf
03-0415 Sp Exception Analysis.PDF
03-0415 MUSP Application.PDF
03-0415 ZB Reso.PDF
03-0415 Sp Exception Application & Supp Docs.PDF
03-0415 Plans.PDF
03-0415 Legislation.PDF
03-0415 Exhibit A (Development Order).PDF
03-0415 Exhibit B - Alt A (Legal Description).PDF
03-0415 Exhibit B - Alt B (Legal Description).PDF
03-0415 Exhibit C - Alt A (Project Data).PDF
03-0415 Exhibit C - Alt B (Project Data).PDF
03-0415 - submittal.pdf
COM M-4-22-4. ppt
03-0415 - submittals.pdf
03-0415 - submittal - Women Club.pdf
03-0415 - submittal - Morningside.pdf
03-0415 - submittal - Kubik.pdf
03-0415 - submittal - U of M.pdf
03-0415 - submittal - law analysis.pdf
03-0415 Outside Cover.PDF
03-0415 Inside Cover with Photos.PDF
03-0415 Table of Contents.PDF
03-0415 Article I - Project Information.PDF
03-0415 Aerial.PDF
03-0415 Zoning Atlas.PDF
03-0415 Project Data Sheet.PDF
03-0415 Computer Tax Printout - Deed.PDF
03-0415 Ownership List.PDF
03-0415 Directory of Project Principals.PDF
03-0415 Article 11 - Project Description.PDF
03-0415 Article III - Supporting Documentation.PDF
03-0415 Minority Construction Employment Plan.PDF
03-0415 Traffic Impact Analysis.PDF
03-0415 Site Utility Study.PDF
03-0415 Economic Impact Analysis.PDF
03-0415 Survey of Property.PDF
03-0415 MUSP Fact Sheet 04-22-04.pdf
03-0415 MUSP Fact Sheet 06-10-04.pdf
03-0415 Kubik Analysis - Sec 1305 Booklet.PDF
03-0415 Booklet Index.PDF
03-0415 Booklet Exhibit A.PDF
03-0415 Booklet Exhibit B.PDF
03-0415 Booklet Exhibit C.PDF
03-0415 Booklet Exhibit D.PDF
03-0415 Booklet Exhibit E.PDF
03-0415 Booklet Exhibit F.PDF
03-0415 Booklet Exhibit G.PDF
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03-0415 Circuit Court Orders.pdf
03-0415 June 10, 2004 CC Resolution.pdf
03-0415 June 10, 2004 Transcripts.pdf
03-0415 May 6, 2004 Transcripts.pdf
03-0415 April 22, 2004 Transcripts.pdf
03-0415 MUSP Fact Sheet 05-25-06.pdf
Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0344
Chairman Gonzalez: (INAUDIBLE) the Planning & Zoning agenda. PZ.29, right?
Commissioner Sanchez: No.
Chairman Gonzalez: No?
Jorge L. Fernandez (City Attorney): No.
Commissioner Sanchez: 30.
Vice Chairman Winton: 30.
Mr. Fernandez: 28 and --
Chairman Gonzalez: I'm sorry.
Mr. Fernandez: -- 29 have already passed You're --
Chairman Gonzalez: PZ.30.
Mr. Fernandez: Yeah. Mr. Chairman, if I may introduce Item PZ.30 for you --
Chairman Gonzalez: Definitely.
Mr. Fernandez: -- hopefully, it will clarifi, what this item is all about and what options you have.
First, let me address and explain to you the procedural posture of this case, of this matter in
front of you. Just to make sure that I refresh your recollection, this is an application for a Major
Use Special Permit at 5600 through 5780 Biscayne Boulevard. On June of 2004, almost two
years ago, the City Commission approved the MUSP (Major Use Special Permit) with
conditions. The Morningside Civic Association appealed to the appellate division of the circuit
court, and the appellate division of the circuit court considered the appeal using the three prong
test that is typically applied by appellate bodies when reviewing decision of lower tribunals.
They considered the question of whether the Commission afforded everyone due process,
whether the Commission based its decision on competent substantial evidence, and whether the
Commission applied the correct law. That was the work that the circuit court appellate division
did. The appellate division agreed and therefore denied the petition or the appeal in front of
them, upholding your decision. Your decision was upheld by the circuit court appellate division.
However, the Morningside Association took a further appeal to the Third District Court of
Appeal [sic], and they conducted what we call a second tier review and only considered the
following: whether the appellate division of the circuit court applied the correct law and
whether the appellate division of the circuit court afforded due process, so here you have the
Third DCA (District Court of Appeals), as an appellate body, reviewing the work of the appellate
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division of the circuit court, which was reviewing the work that you had done, and so it really
went, went, went up. At that point, the Third DCA ruled as follows: the Third DCA held that the
appellate division of the circuit court applied the wrong law, and so the Morningside
Association, in a sense, prevailed. The Third DCA found that the lower court should have
considered the amended version of 1305 that requires the City Commission to make written
findings with respect to the design criteria set forth in 1305. There had been an amendment to
1305 providing for those types of findings, and the appellate court, you know, ruled that the
circuit court appellate division, nor, therefore, this Commission had taken that into account.
They sent the matter back, or remanded it, to the Commission for the limited purpose of making
written findings with respect to the design criteria that is required under amended Section 1305.
They did not overturn your decision in granting the MUSP. They just remanded it to you and is
telling you that you must make specific -- or not specific, but you must make written findings with
regard to the design criteria found in 1305. Any comments, therefore, permitted by this
Commission of the respective counsel for the parties should be limited to the --
Commissioner Sanchez: Findings.
Mr. Fernandez: -- findings by this Commission of the -- those design criterias [sic] that you
have, and that's the limited presentation that you should allow both sides to make in front of you.
Lourdes Slazyk will also, at the time that you would consider appropriate -- and I believe she's
already done that. She's given you the resolution that contains all of the 1305 criterias [sic] for
you to make all of those determinations and findings, so you may proceed by opening it to both
counsel, limiting them, giving them equal time, and then you proceeding to consider the
resolution that has been placed in front of you.
Chairman Gonzalez: All right. I'm going to allow each counsel five minutes for their
presentation --
Michael Sastre: OK. I --
Chairman Gonzalez: -- and then I'm going to bring it back to the Commission.
Priscilla A. Thompson (City Clerk): Chair, 1 don't know if everyone has been sworn in; some
people came in later.
Commissioner Sanchez: Well, let's swear them in.
Chairman Gonzalez: OK. Let's swear them in.
Mr. Sastre: I apologize, Commissioners. I've got a preliminary objection to what has been
stated as a ruling from the Third District Court of Appeal [sic]. My reading of the ruling is --
my reading of the ruling from the Third --
Ms. Thompson: I'm sorry.
Mr. Sastre: -- District Court of Appeal [sic] --
Ms. Thompson: Chair, I'm sorry. 1 don't --1 need a name and --
Mr. Sastre: 1 apologize. My name is Michael Sastre. I am an attorney with a address of 100
Southeast 2nd Street, Miami, Florida. I represent Cesar Hernandez -Canton, the Morningside
Civic Association, Elvis Cruz, and other similarly situated residents of Morningside. Before 1 get
into presenting what I believe --
Mr. Fernandez: Even before he gets to make his argument, he needs to be sworn in. Everyone
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needs to be sworn in.
Chairman Gonzalez: Everybody needs to be sworn in.
Ms. Thompson: Anyone that has not been sworn in already, can you please stand and raise your
right hand if you're going to test?
The City Clerk administered oath required under City Code Section 62-1 to those persons giving
testimony on zoning issues.
Commissioner Sanchez: I'm sorry. I think you're just --
Ms. Thompson: Thank you.
Commissioner Sanchez: -- swearing in the attorney. This is not a public hearing.
Chairman Gonzalez. Right, it's not a public hearing. It's only the attorneys, right, Mr. City
Attorney?
Mr. Fernandez: Correct.
Chairman Gonzalez: OK. All right.
Mr. Sastre: Yes. With all due respect -- and this is a procedural -- this is a preliminary matter
before I even get to presenting any argument. I have a serious discrepancy with the advice --
and with all due respect to the City Attorney, the decision from the Third District Court of
Appeal [sic] was not simply that the Eleventh Circuit Court of Appeal [sic] applied the wrong
law, but that the City Commission -- again, with all due respect -- applied the wrong law, the
wrong version of Section 1305.2. As you all recall in January 17 of 2004, the -- Section 1305.2
was amended substantially, almost in its entirety. Prior to that, there was a 1992 version of it.
The application from Kubik, the process started in 2003, but in February of 2004, they
substantially changed their application and they went forward before this Commission and this
Commission's initial order relied upon the previous version of 1305.2, the one that was in effect
before -- from 1992 onwards, so with -- again, the -- what the Third District Court of Appeal
[sic] has done is remanded it all the way back down to the City Commission for a new hearing,
not with new evidence, but with consideration of the new law, the law that went into effect on
January 17 of 2004, because Kubik substantially changed their original application in --
Ms. Dougherty: 1 don't think --
Mr. Sastre: -- February of --
Ms. Dougherty: -- anybody has a --
Mr. Sastre: -- 2004.
Ms. Dougherty: -- disagreement with that.
Mr. Fernandez: Mr. Chairman, the ruling of the Chair is that each party, each side would have
five minutes. Either counsel, if they're not happy with the decision that 1 have made in advising
you, or with the ultimate decision that you may make, they're very welcome to continue to invoke
the jurisdiction of the courts to seek clarification of those position. That's the best legal advice
I'm giving you, and I suggest that you strictly adhere to the rules that you have set forth for both
counsel.
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Chairman Gonzalez: All right. All right. Who's going to be first?
Commissioner Sanchez: You want to flip for it?
Mr. Sastre: No. Frankly, I think this is a do -over of the old hearing under the new ordinance,
and I think it's their burden to satisfy --
Chairman Gonzalez: You're going to start.
Mr. Sastre: -- all of the critieria.
Chairman Gonzalez: I'm going to give you five minutes. Set the clock, please.
Commissioner Sanchez: All right.
Chairman Gonzalez. Clock is ticking.
Ms. Dougherty: Would you like me to proceed? Is that what you're saying?
Mr. Sastre: Yes. I don't --
Ms. Dougherty: All right.
Mr. Sastre: This isn't an appellate situation. 1 view this as a preliminary matter.
Ms. Dougherty.: All right. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here
today on behalf of the owner and the applicant. With me this afternoon is the owner/developer,
Paul Murphy, Jose Camilo Lega, and Camilo Alvarado, and again, this application first started
in September of 2003. The original application had a building that was two stories higher than
the one you see today. Because of community concerns, we amended the application. In
February of 2004, we had an amended application, and prior to that time, you amended your
City ordinance dealing with 1305.2. 1305.2, at that time, was a general statement. Because the
City Attorney at the time was fearful that 1305 was not specific enough, they made specific
findings out of the general findings. This was not supposed to be a substantial change in the
law. That's what everybody was told. The OmniPoint case was simply something that says we're
going to make something general more specific, so that's what your change was, a more specific
1305.2, which 1 would like to go through with you today. Your staff has given you a book, and
they've showed you all of the new criteria of 1305.2, and adjacent to that, there is the -- where
you're going to find how we answer those criteria in the record, but in addition to that, what I'd
like to show you on your monitor is exactly what we're talking about. First criteria, physical
context and environmental -- contextual environmental, taking into consideration urban form
and natural features. Well, Kubik has lined its entire project either with residential or retail. It's
saving the MiMo (Miami Modern) structure, which is the Andiamo Pizza, and it has a pedestrian
plaza that enhances the pedestrian activity. Kubik is oriented along Biscayne Boulevard,
creating a rhythm of the rest of Biscayne Boulevard, and its orientation respects the natural
context and features and views of Biscayne Bay [sic], and you'll find that in the record on
Exhibits A, C, F, and G. The siding would minimize the impact of parking and driveways. Well,
the driveway access has been minimized to one and concentrated in the commercial northeast
court, adjacent to the public parking lot; it is not on Biscayne Boulevard. Buildings on corner
lots should be oriented to the corner and public streets. Well, in this case, the building is
oriented -- the orientation addresses all the corners on Biscayne Boulevard and 58th Street, 4th
Court, and the commercial and public uses. The project shall be designed to comply with all
applicable landscape ordinances, and by the way, if you look in your record, every one of these
sections are referred to in a specific place in the record. The project takes into account FDOT
(Florida Department of Transportation) landscaping for Biscayne Boulevard, as suggested by
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the design review. We've also -- providing a continuous canopy of shade trees along the edge of
the curbs. Response to neighborhood context. Again, the architectural character of the
neighborhood is inspired by the other buildings, including the other MiMo buildings along
Biscayne Boulevard inspire the architecture of this project. We are saving, again, the Andiamo
Pizza, which is a MiMo structure designed by Robert Law Weeds [sic]. We have the pedestrian
plaza, which complements the 55th Street Station pedestrian plaza, and the master plan also
complements the 55th Street Station with 24,000 square feet of commercial office and retail
space at ground level, and again, the entire building is lined with liner uses. Respond to
neighborhood context. Again, the gallery strip, the vegetation, the green canopy. We've taken
into consideration all of those things, and this is a green building. The towers are setback from
the pedestal, and again, this is to create a transition in bulk and scale. You can see on this
diagram the transition that we're making with the 45-degree angle, and again, it's two floors less
than the original application, which we did to meet the neighborhood concerns, and at the
neighborhood -- the people who did support us was the Bayside Neighborhood Association,
Shane Grabber, David Trece, and Bob Flanders at the hearing. We used architectural style that
articulates the colors derivative of the MiMo architecture, again, taking into consideration the
styles and materials derivative in the surrounding area. Articulate the building facade, vertically
and horizontally. The articulation is -- takes, again, the form of the composition of the MiMo
architecture, which is present on Biscayne Boulevard. Would you like me to continue?
Chairman Gonzalez: You need additional time?
Ms. Dougherty: Yes, sir.
Chairman Gonzalez: OK, go ahead. Then 1 will give him the same exact amount of time.
Commissioner Sanchez: Equal time.
Ms. Dougherty: Kubik -- the pedestrian interaction. The Kubik design promotes pedestrian
interaction by alleviating -- activating the pedestrian path and commercial retail and
workspaces along the ground floor.
Commissioner Sanchez: Madam Clerk, could you keep the clock going so they both have equal
time, please?
Ms. Dougherty: We have design facades that create and correspond with the human scale,
activating the pedestrian path and the commercial retail and living spaces in a rhythmic form of
the architecture. We have provided -- does not have any blank walls, which is one of the
criteria. Don't have any blank walls where they can be avoided, and there are none in this
particular building. You provide usable space that allows the convenient and visible pedestrian
access from public sidewalk. Again, we have a open pedestrian walk, we have an open plaza,
and we have an open pedestrian way, which you'll see diagrammatically in orange on this
diagram. Landscape and planters complement the public gathering. We've wrapped around
entire landscape, which continues -- with a continuous shade canopy, which addresses this
particular section. We have also designed it in a way to minimize conflict. We've concentrated
our driveways to serve and park the garage on 4th Street, minimizing any conflict points, and
provide ample peripheral pedestrian traffic and path, and by the way, we also increased our
parking during our second -- that was one of the issues, was there sufficient parking -- and
during our second submission, or our amended submission, we put about 200 additional parking
spaces. We minimized the number of widths in driveway and curb cuts by only having one, and
you may recall, there was one of 4th Court as well as one on 58th before. All parking is
internalized, and the entrance is behind the building, which is -- addresses your vehicular access
and parking issue, and the surface parking areas as -- are created as a distinct buffer. We've
relocated all the parking driveways on 4th Court. There are no driveways on 58th. The
driveway widths have been reduced, and all parking is internalized, and again, landscaping and
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screening is something that is desirable. We've done it in a way to enhance the neighborhood,
and all the parking levels have been wrapped with commercial uses. Signage will conform with
the City of Miami's regulations. There are no signage, actually, and our lighting will be
provided in accordance with the City's lighting standards, and with that, I would ask you to
support your staffs recommendation and enter findings consistent with 1305.2.
Chairman Gonzalez: Thank you. Yes, sir.
Mr. Sastre: Mr. Chairman --
Commissioner Sanchez: Seven minutes and thirty seconds.
Chairman Gonzalez: Counsel used what, seven minutes?
Commissioner Sanchez: And thirty seconds.
Chairman Gonzalez: Seven minutes and thirty -- OK.
Ms. Thompson: Unfortunately, 1 can't set seconds, so do you want to round it up to eight?
Commissioner Sanchez: Eight is fine.
Chairman Gonzalez: That's fine, eight.
Ms. Thompson: Thank you.
Chairman Gonzalez: Go ahead.
Mr. Sastre: Mr. Chairman, lady and gentlemen of the Commission, I'll try to present this as
quickly as possible. My name is Michael Sastre. I represent Cesar Hernandez -Canton,
Morningside Civic Association, Elvis Cruz, and other similarly situated residents. Mr.
Hernandez -Canton is a resident at 471 Northeast 58th Street. He lives on the west side of the
boulevard. He lives directly across the street from the proposed Kubik development and from
the Miami Women's Club. He lives -- some of you may know the resident. It is the white picket
fence single -story, single-family home directly across from where the four-story Kubik garage is
to be located We are here today on rehearing the MUSP application for the proposed 150-foot
high, 293-unit condominium/retail project on the pie -shaped piece of land by 58th Street and
Andiamo, again, which I'm sure you all are familiar. We had agreed with counsel, and I believe,
with the City Commission that this would not be a de novo hearing. In other words, that no new
evidence would be presented, but we did agree that it was going to be a new hearing under the
correct version of Section 1305.2, as amended in January of 2004. As you all are aware, that
statute was amended and specific standards and criteria were set forth, which were required to
be complied with in a MUSP application, as well as special permits. It is our contention that not
only was that not considered back at the hearings back in 2004, but they certainly were not
applied. They certainly were not part of the development order. Throughout the appellate
proceedings, Kubik fought like crazy arguing that the previous version of 1305.2 applied. Now
they get the result from the Third District Court of Appeal [sic], and all of a sudden, it's as if
they thought that the new version applied all along. They did not. They were traveling -- and
they argued to the appellate court that they were traveling under the old Section 1305.2, and yet,
here today you're hearing a totally different story, but let me get to what the evidence in the
record was back in 2004, since we are arguing under the old evidence. The matter came out of
Planning & Zoning on April 7, 2004. It went to you all for Commission for the first of three very
contentious hearings on April 22 of 2004. What were the results of the Planning & Zoning April
7 findings? What did they specifically say? And I need to read these into the record They said
that it is found that the PUD (Planned Unit Development) bonus represents an increase in FAR
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that would allow an extremely large amount of potential development on this site. In the recent
Biscayne Boulevard corridor study, recommendations were made that limitations be placed on
the height of a development. The requested bonus results in a potentially taller structure that
does not contextually fit on this specific property. Therefore, it is found that with respect to these
recommendations, the subject proposal should be modified to eliminate the PUD bonus. Second,
they found that since the completion of the recent Biscayne Boulevard corridor study, concern
has arisen over the potential negative effect of building height immediately adjacent to Biscayne
Boulevard. The subject proposal should be modified with respect to height in order to produce a
project that is more in character with the context of Biscayne Boulevard as it relates to height.
Third, it is found that with respect to all additional criteria, as specified in Section 1305, the
proposal has been reviewed and found to be adequate, subject to compliance with the conditions
in the development order. Failure to comply with these conditions will result in a proposal that
does not comply with the criteria of Section 1305 and should not be approved. Mind you, that
was under the old version. Now we have a more stringent and detailed new version. Also, on
that same date -- this is taken from the April 7, 2004 Planning fact sheet and the analysis -- the
six page analysis, which is part of the record. They say, as conditions to going forward with this
project, the applicant shall modem the plans on file as submitted for the proposed project to
eliminate any FAR, floor/area ratio bonuses requested pursuant to Article V of the Zoning
Ordinance for a PUD. Second, the applicant shall continue to work with the Planning & Zoning
Department to reduce the proposed building height along Biscayne Boulevard. Such
modifications shall be subject to the final review and approval of the Planning & Zoning
director. That was a finding on April 7 --
Commissioner Sanchez: Counsel --
Mr. Sastre: -- when it came to --
Commissioner Sanchez: -- let me interrupt you for a minute.
Mr. Sastre: Absolutely.
Commissioner Sanchez: Madam Clerk, stop the clock for a minute. This is in front of this
Commission for a very limited purpose of making written findings. I think you need to focus on
the findings as to showing, at least myself and the other Commissioners, why this does not meet
the criterias [sic] for 1305. I think you need to focus on that. You've wasted already several
minutes and you haven't even touched on that. I think that's what's in front of us today as we --
as you have to present and convince or show evidence that this project does not meet the
criterias [sic] for 1305.
Mr. Sastre: Thank you. I appreciate that.
Commissioner Sanchez: All right.
Mr. Sastre: It is --
Commissioner Sanchez: Now Madam Clerk, start the clock again.
Mr. Sastre: As a preliminary matter, it is not the objector's burden to show any evidence. It is
the burden on the part of the applicant bringing forth a project to show evidence that they have
satisfied the criteria. In this case, there was no expert testimony on the issue of bulk, scale, or
height presented to the Commission, and that's in the record, and I will challenge on rebuttal for
Ms. Dougherty to specifically put into the record whatever evidence from an expert, from any
Planning & Zoning fact sheet as to the issue of the appropriateness of the height, the bulk, the
scale of this project as compares to single-family neighborhoods, as compares specifically to my
client's single-family home. There is no evidence in the record that supports that. It is not the
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objector's burden to present any evidence, just like in any other trial. It is the applicant's burden
to satisfy the criteria, and they didn't even satisfy the criteria of the old standard, which was
misapplied, and Planning & Zoning, when they came with their recommendations, they
themselves said it was too big, so the evidence is right there against the height and against the
scale with the project. It is there; it was there all the time from Planning & Zoning, so it is not
our burden to come forward with evidence opposing that. This is by far, at 150 feet, the --
almost twice as large as any other structure on Biscayne Boulevard from 50th Street all the way
through 87th Street. The second largest structure is a 91 foot building across the street, The
Falls, which was built illegally to the extent that they actually had to adopt a property inside the
boundary of Morningside and call it a condominium unit. That residence inside the guard gate
at 58th Street on Morningside is still listed in public records as a condominium unit because The
Falls structure had to literally buy that property to satisfy their FAR that they built with at the
time in the 1970s. This building, as proposed at 150 feet, is almost twice as tall -- and that
doesn't include the superstructure -- is almost twice as tall as the 91-foot Falls, which is the only
other building on the entire stretch of that area of Biscayne Boulevard that exceeds five stories,
so we think it is very clear, and we think that it is out of context and out of the neighborhood
context. It is too large; it is not to scale. It does not satisfy 1305.2 or the City's Comprehensive
Zoning Plan, and we think it should be rejected outright for not satisfying those standards. One
final thing 1 would like to recall for the record is Commissioner Winton and Ms. Dougherty had
a colloquy at 73 -- page 73, 74 of the old transcript hearings, where they discussed what is the
appropriate scale for a building on a corridor. Ms. Dougherty sided to Elizabeth Plater-Zyberk
spoke --1 know you're all familiar with her -- which refers to -- and she specifically referred to a
1/1 scale, where you take the front facade of the building and you look at the street that it fronts.
Biscayne Boulevard -- and the public records will document this -- is 80 feet across. If you apply
the 1/1 ratio, as set forth by Ms. Dougherty at that Commission meeting and as discussed in the
colloquy with Commissioner Winton at pages 73, 74 of the old transcript hearings, would allow
an 80-foot building, not a 1 5O foot building, and that's taking their own evidence that they put in
the record, siding to Elizabeth Plater-Zyberk, who we do not take issue with from that.
Chairman Gonzalez: Thank you.
Mr. Sastre: Thank you.
Chairman Gonzalez: Mr. City Attorney.
Mr. Fernandez: Yes, Mr. Chairman. Just to further clam the record, allow me to read to you
segments of the Third District Court of Appeals' decision that clarifies -- or that corroborates my
instructions to you. I'm reading from the opinion, and it says, "We conclude that the circuit
court panel applied the wrong ordinance in denying the petition and those departed from the
essential requirements of the law," so the finding against the circuit court panel was there. Now,
furthermore, the Third DCA also issued an opinion saying the matter shall be remanded by the
circuit court, so the Third DCA is telling the Third -- the circuit court appellate division what to
do. "It should remand to the City Commission for further proceedings consistent with this
court's opinion." What is the court's opinion? This is the court's opinion: The amended version
of the ordinance went into effect in January of 2004, amended version. There was an existing
ordinance that had this criteria. How was that amended version in 2004? It says the amended
version of the ordinance requires that the City Commission make certain written findings with
regard to seven different design criteria, which you didn't make, and that's how the amendment
to that 1305 -- in that particular, you failed, and that's what the court is telling you, that you
need to make certain written findings with regard to those criteria. Furthermore -- listen,
because this is very interesting -- the appellate court, the Third DCA said and observed that
when the application came before you, a presentation by Morningside quoted the criteria from
the new version, from the modified version. Further, the transcript indicates that the speakers
representing Morningside divided their presentation as to have each speaker address one of the
relevant seven criteria from the new version, so when this came to you in 2004, whether the
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applicant made those arguments or not, this Commission was fully apprised because
Morningside was making the arguments to you, but you failed because you didn't make specific
written findings.
Commissioner Sanchez: That's why it's here --
Mr. Fernandez: OK.
Commissioner Sanchez: -- today.
Mr. Fernandez: Thus, the correct ordinance -- the court, the Third DCA says, "Thus, the correct
ordinance was addressed in the proceedings below." You have addressed the correct ordinance.
You just failed to make certain written findings with regard to seven different design criteria.
That's what you're here for. Nowhere in this order does it say to set aside your decision granting
the MUSP. Nowhere else does it give any directions, but further, let me tell you what it says
here, the City Commission approved the project without making any of the written findings
required by amended Section 1305. That's the gravamen. 1 mean, that's a real issue that the
Third DCA has a problem with you. They don't have a problem with you having listened to the
testimony of Morningside or the applicant because, at the end of the day, you considered both
the old ordinance and the new ordinance. Both of them were presented to you. You just failed to
make the written findings. Furthermore, the court says -- they conclude that Morningside relied
on the correct version of 1305. They side with Morningside, the Third DCA, in the argument
that the modified version requiring findings was correct. It was before the City Commission, the
new 1305 was properly in front of the City Commission, and raised a point again in the circuit
court appellate review. Again, the attorney for Morningside may not agree with my
understanding of it, but my advice to you is that you're limited to make these written findings,
and as the applicant, the attorney for the developer, has walked you through the versions or her
understanding of how the record supports those written findings being made by you and counsel
for the neighborhood association, likewise, might have addressed the criteria, the design criteria
found in 1305.
Chairman Gonzalez. Thank you.
Ms. Dougherty: Mr. Chairman, could I have one minute of rebuttal?
Chairman Gonzalez: Yes, sure.
Ms. Dougherty: The -- first of all, I think that the counsel for the opponents would agree with me
that the PAB on April 7, not the staff, but the PAB recommended approval of this with the
bonuses. The staff made a recommendation not to have the bonuses, but you all agreed to have
the bonuses, and let me remind you why. Because the same building could be built with retail
fronting inward, without doors going outward, under the -- exactly the same FAR with no
bonuses. The bonuses are only for the purpose of having the retail open to the street, which is
what the City always wanted, and that's the reason you all agreed with our analysis to have the
bonuses because it's exactly the same building, and we have an expert, and that's -- our architect
was the expert in our hearing.
Chairman Gonzalez: All right.
Vice Chairman Winton: So now --
Chairman Gonzalez: Commissioners.
Vice Chairman Winton: I'm sorry.
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Commissioner Sanchez: Go ahead.
Vice Chairman Winton: Mr. City Attorney.
Mr. Fernandez: Yes.
Vice Chairman Winton: 1 heard that long explanation, and I thought 1 was kind of clear in terms
of what I'm supposed to do until I've listened to all the lawyers again, and not being a lawyer,
now I'm confused, so what am I doing?
Mr. Fernandez: Well --
Vice Chairman Winton: I mean, I know what the ultimate mission is here, but how am I getting
there? What am I supposed to --
Mr. Fernandez: Lourdes --
Vice Chairman Winton: -- specifically focus on?
Mr. Fernandez: Then again, perhaps you need to hear from staff because she has distributed to
you the modified version of the resolution that would contain the specific findings or the findings
that you are to consider, including pursuant to the court order.
Vice Chairman Winton: Lourdes. Well, 1 guess I could ask you a more simple question. Is this -
- is -- well, never mind.
Mr. Fernandez: It's a resolution that you have in front of you, with attachments, and the
attachments include the matrix of 1305, listing all of the criteria, and next to each criteria is for
you to determine, you know, whether -- and enter into a written finding if there has been
compliance by the development of those criteria.
Vice Chairman Winton: That's this.
Commissioner Sanchez: There're seven.
Mr. Fernandez: Yes.
Vice Chairman Winton: OK.
Commissioner Sanchez: There are seven design criterias [sic].
Vice Chairman Winton: I have ten.
Commissioner Sanchez: No, there's seven. You can't have ten.
Mr. Fernandez: In the proposed resolution that Ms. Slazyk distributed to you, it states that the
written findings with respect to the criteria set forth in Section 1305 of our Zoning Ordinance,
and then you turn to page 3 of 13, and there you have all the design review criteria, whether it
applies to this project and whether there has been compliance, and from the arguments of
counsel and from your review of the record below, because you have the transcript of the Zoning
Board hearing that considered this matter, you are then to make a determination and enter those
written findings, if the criteria is in fact applicable and if it has been complied with. Ms. Slazyk.
Lourdes Slazyk (Assistant Director, Planning & Zoning): Just for the record real quick, the
books that were distributed is exactly all of the documents from that record below, and the
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matrix and the analysis in the front shows how each of the documents in the --from the record
below, which is what you looked at when you made your initial decision, how they're each in
compliance with the criteria of 1305, so the draft resolution that's before you, what it does is it
basically says, if the Commission agrees that you had all the information in this book and that it
is was all part of what you looked at when you initially this Major Use Special Permit, if you con
-- deem it to be in compliance based on that book and that evidence, that draft resolution makes
those written findings.
Vice Chairman Winton: OK, so 1 guess 1 will start here then -- and 1 remember all of the debates
very clearly, and this is one of the few debates we had in all the neighborhoods where you had
significant number of people in favor of and a significant number of residents opposed to this
project, but I consider this project -- and counsel brought up the point about the single-family
home across the street, which is one of the individuals filing, and I would like to point out for the
record that that single-family home happens to be in an R-3 zone, so it isn't as though it's in an
R-1 zone. I have carefully reviewed the record and thought about the applicability to 1305.2 and
consider that this is a unique site and a unique location along Biscayne Boulevard where I think
this particular project does, in fact, meet the criteria related to 1305.2, and it is a function of its
unique location, its size, and it is a site that is literally surrounded by C-1, R-3, and SD-9, all
higher density zonings. 1t is not adjacent to an R-1 neighborhood. I agree that Biscayne
Boulevard isn't as wide in that particular area, but 1 think that the other steps that this particular
project took to blend into the neighborhood and its commitment to save the MiMo building,
which is Andiamo's restaurant -- and this was a part of the testimony before -- and the plazas
and the other things were exactly the kinds of things that made this particular project in that
particular location fit into 1305.2, and that's my particular feeling.
Commissioner Sanchez: OK.
Chairman Gonzalez: All right. Commissioner Sanchez.
Commissioner Sanchez: Thank you, Mr. Chairman. We're very limited as to the scope of what
we could discuss on this, and basically, as the -- our attorney suggested to us, and basically on
the ruling of the Third DCA, it has to be the written findings, which are seven design criterias
[sic], and let me just --
Vice Chairman Winton: Commissioner Sanchez, I'm sorry. Could 1 interrupt --? One thing --
Commissioner Sanchez: Sure.
Vice Chairman Winton: -- I forgot to put one thing on the record -- and the other key point
about this particular is -- also, it is on the west side of Biscayne Boulevard, west side of the
boulevard, surrounded by higher intensity zonings, so that's the last point I wanted to put on the
record.
Commissioner Sanchez: Well --
Chairman Gonzalez: OK.
Commissioner Sanchez: -- the bottom line is that we have to make written findings as to the
respect of the seven design criterias [sic] that are presented to us, and let me just put them on
the record as what the Commission shall consider. It is, one, whether the developer will have a
favorable impact on the economy of the City; two, whether the developer will effectively use
public transportation facility; three, whether the developer will favorably affect the need for
people to find adequate housing -- those are the seven findings that we have to consider.
Mr. Fernandez: No. Well --
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Commissioner Sanchez: Now 1--
Mr. Fernandez: -- Mr. Com -- Mr. Sanchez, you --1 direct your attention to page 3 of 13 of the
resolution that has been given to you. Those are the 1305 criteria --
Chairman Gonzalez: Criteria.
Mr. Fernandez: -- that need to be considered
Chairman Gonzalez. Right.
Mr. Fernandez:: You're referring to other findings, and in fact, 1305 contains a total of nine --
Chairman Gonzalez: Nine.
Commissioner Sanchez: Well --
Mr. Fernandez: -- of which eight are found to be --
Chairman Gonzalez: Applicable.
Mr. Fernandez: -- applicable, and whether they're in compliance is your determination.
Commissioner Sanchez: Absolutely, but I want to put them on the record as to --
Mr. Fernandez: Yeah, but you need --
Commissioner Sanchez: -- what have I reviewed on the testimony here today and previous
testimonies that have been heard in front of this Commission, so 1 think it's important that those
are put forth. I reviewed them. 1-- after reviewing all the findings, I would make a motion to
approve the project based on the facts that it meets the criteria consistent with Section 1305.
Mr. Fernandez: 1305.2 --
Chairman Gonzalez: Point two.
Commissioner Sanchez: Point two.
Mr. Fernandez: -- specifically as found on pages 3, 4, and 5 of the resolution that has been
given to you.
Commissioner Sanchez: That is my motion.
Commissioner Spence -Jones: Second.
Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
Ms. Dougherty: Thanks very much.
Chairman Gonzalez: Thank you, ladies and gentlemen.
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Mr. Sastre: Thank you.
Applause.
Vice Chairman Winton: No clapping.
Commissioner Sanchez: No, no, no.
Chairman Gonzalez: No clapping.
PZ.31 05-00014 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY DONALD J.
HAYDEN, ESQ., AND JONEL NEWMAN, ESQ., (FORMERLY ANDREW W.J.
DICKMAN, ESQ.), ON BEHALF OF THE MORNINGSIDE CIVIC
ASSOCIATION, INC., ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD
AND ELVIS CRUZ, AFFIRMING OR REVERSING THE DECISION OF THE
MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR
DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 04-0198, TO
ALLOW FOR NEW CONSTRUCTION ON THE PROPERTIES LOCATED AT
APPROXIMATELY 5301-5501 BISCAYNE BOULEVARD, MIAMI, FLORIDA,
MORE PARTICULARLY DESCRIBED IN "EXHIBIT A."
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05-00014 Legislation a (Version 2).PDF
05-00014 Legislation b (Version 3).PDF
05-00014 OLD Zoning Map.pdf
05-00014 OLD Aerial Map.pdf
05-00014 Exhibit A.PDF
05-00014 ZB Appeal Letter.PDF
05-00014 ZB Reso.PDF
05-00014 Class II Appeal Letter.PDF
05-00014 Class II Final Decision.PDF
05-00014 Class II Referral.PDF
05-00014 Drawings.PDF
05-00014 Fact Sheet 03-10-05.PDF
05-00014 October 18, 2005 Circuit Court Order.pdf
05-00014 CC Reso R-05-0155.pdf
05-00014 Sec 1305.pdf
05-00014 December 13, 2004 Zoning Board Transcript.PDF
05-00014 Legislation (Version 4).pdf
05-00014 Legislation (Version 5).pdf
05-00014 Fact Sheet 11-17-05.pdf
05-00014 Fact Sheet 12-01-05.pdf
05-00014 Fact Sheet 01-26-06.pdf
05-00014 Submittal Letter.pdf
05-00014 Submittal Transcripts.pdf
05-00014 Zoning Map.pdf
05-00014 Aerial Map.pdf
05-00014 ZB Reso (Amended).PDF
05-00014 Morningside Devlopment, LLC Transcript.pdf
05-00014 Neighbor Transcript.pdf
05-00014 Legislation (Version 7).PDF
05-00014 Legislation (Version 8).pdf
05-00014 Fact Sheet 04-27-06.pdf
05-00014 Fact Sheet 05-25-06.pdf
05-00014 Submittal Appeal.pdf
05-00014 Appellee Points & Authorities in Opposition to Appeal.PDF
05-00014 Appellants' Reply Brief.PDF
05-00014 Class II Permit.pdf
REQUEST: Appeal of a Zoning Board Decision of a Class II Special Permit
Appeal
LOCATION: Approximately 5301-5501 Biscayne Boulevard
APPELLANT(S): Donald J. Hayden, Esquire, and JoNel Newman, Esquire, on
behalf of the Morningside Civic Association, Inc., Rod Alonso, Ron Stebbins,
Scott Crawford and Elvis Cruz, Adjacent Property Owners
APPELCANT(S): Doug Halsey, Esquire, on behalf of the Morningside
Development, LLC
FINDINGS:
PLANNING DEPARTMENT: Recommended denial of the appeal, affirm the
decision of the Zoning Board and uphold the director's decision.
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ZONING BOARD: Denied the Class II Special Permit appeal on December 13,
2004 by a vote of 7-1. Denied the Class II Special Permit appeal after the
remand from the City Commission on March 13, 2006 by a vote of 6-2.
PURPOSE: The approval of this appeal will allow not the new construction of a
mixed -use structure.
NOTE: On October 18, 2005, the Circuit Court ruled to quash the City
Commission's decision and remanded this case to the City Commission for
proceedings.
Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0345
Chairman Gonzalez: All right. PZ.31.
Jorge L. Fernandez (City Attorney): PZ.31, Mr. Chairman and Commissioners, this is another
appeal of a Zoning Board decision that's coming to you. Allow me to explain the procedural
posture of this case. On October of 2004, the Planning director approved a Class II Permit for
this project. The Morningside Civic Association appealed to the Zoning Board. The Zoning
Board denied the appeal. The Morningside Civic Association appealed to the City Commission.
The City Commission held, at the time, a de novo proceeding wherein testimony and evidence
that was not presented at the Zoning Board hearing by the Morningside Civic Association was
considered. The Commission granted the appeal, thereby denying the Class II Special Permit.
The developer appealed to the appellate division of the circuit court, and that court has opined
as follow: "The City Commission departed from the essential requirements of law in two
respects: first, the ordinance in effect at the time of this appeal, the City Commission's review of
the decision of the Zoning Board should have been limited to an appellate review." This is a
ruling from the court that has converted you into appellate judges. All right, and thus, the
Commission erred by conducting a de novo review and entertaining additional evidence. This is
the court telling you that when matters come to you from the Zoning Board, you're limited to the
record below. You're not allowed to listen to new evidence or testimony. Now keep in mind,
we've corrected that because since we have made an amendment to our Zoning Ordinance that
makes it very clear that, after that amendment became effective, all of your hearings arising out
of the Zoning Board, all the appeals, are de novo hearings, which is the way that, historically,
you always did it, but for a period of time, four or five, six months, you know, that period of time,
all the decisions had come in front of you, you were supposed to deal with them in an appellate
capacity. This one, you're dealing with it in an appellate capacity, so the second finding by the
court was that you did not make written findings and determinations with respect to 1305, a very
similar finding to the one that you just finished dealing with in Kubik, so the court ruled two
things: the court said that you erred in that you took evidence, you conducted a de novo hearing
when you should have limited yourself to appellate review. At this time, in accordance with the
court's opinion, you should be making your decision based on the record that was established by
the evidence considered by the Zoning Board. You should ask three questions, three
fundamental questions when you read the transcript, when you read what was given to you as to
what transpired at the Zoning Board.
Commissioner Sanchez: Competent evidence.
Mr. Fernandez: Did the Zoning Board afford everyone due process?
Chairman Gonzalez: Yes.
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Mr. Fernandez: Was it properly noticed? Did people have an opportunity to speak in front of
the Zoning Board? The second consideration, the second question that you have to ask yourself
is that did the Zoning Board base its decision on competent substantial evidence? This is not to
say that you can second-guess the decision of the Zoning Board. All you have to determine is is
there enough evidence that a reasonable person could read or could hear the testimony and say,
yeah, this is a likely result, so you're not being asked to second-guess. You're just being asked to
establish that there was enough competent substantial evidence for the Zoning Board to have
arrived at the decision they did, and the third question that you need to answer is did the Zoning
Board apply the correct law, and when you consider those three, the answer that you give opens
up the door for you to make one of three decisions. Today, you're expected to make one of three
decisions: first, you could affirm the decision of the Zoning Board. If you read the record in
front of you, you may affirm the decision of the Zoning Board, you may reverse the decision of
the Zoning Board, or you may modify the action of the Zoning Board Your ordinance gives you
those three options, and those three options have not been negated by any court, so you still have
the option of modifying the action of the Zoning Board, reversing the decision of the Zoning
Board, which in essence, would grant the appeal and deny the Class II Permit, or affirm the
decision of the Zoning Board, which would deny the appeal and approve the Class II Permit.
Now, procedurally, this is the second time you heard this matter. Last time, the counsel for both
sides appeared in front of you and made full presentations. When you were ready to make a
decision, Commissioner Winton, if I remember correctly, begged the rest of you for additional
time for him to reread the record so that he could become more familiar with it, so my suggestion
to you is that, having heard argument of counsel already, which the only thing that you are
supposed to do, that you, perhaps, do not need to open it up to counsel again. All that you're left
to do is to deliberate because that's where you left the frame last time, and then you need to
proceed to take action on one of those three basis. Is that clear, Mr. Chairman?
Chairman Gonzalez: Yes, sir. Commissioner Winton.
Vice Chairman Winton: Mr. City Attorney, the first part, competent substantial evidence, Zoning
Board apply the correct law, and what was the first one again?
Commissioner Sanchez: Due process.
Chairman Gonzalez: Due process.
Vice Chairman Winton: Due process, right --
Mr. Fernandez: Due process --
Vice Chairman Winton: -- right, right, right.
Mr. Fernandez.: -- so when you read the record, did you get the impression or --
Vice Chairman Winton: Right --
Mr. Fernandez: -- were you convinced that everyone was given opportunity to speak?
Vice Chairman Winton: -- and may 1 start --
Chairman Gonzalez: Yes, sir.
Vice Chairman Winton: -- Mr. Chairman?
Chairman Gonzalez: Yes, sir.
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Vice Chairman Winton: I have read the record, and 1 would suggest that, as far as I'm
concerned -- now that I'm a judge -- that as far as I could tell, due process did seem to apply.
There seemed to be competent substantial evidence also, as far as I could tell. The last question,
did the Zoning Board apply the correct law --
Commissioner Sanchez: The current law.
Vice Chairman Winton: -- and in that case --
Commissioner Sanchez: The correct law.
Vice Chairman Winton: I'm sorry?
Commissioner Sanchez: The correct law.
Vice Chairman Winton: Yes, the correct law.
Mr. Fernandez: Correct.
Vice Chairman Winton: -- and in that case, my finding is that the Zoning Board did not apply
the correct law, and the correct law was 1305.2, and 1 think there are three areas where the
Zoning Board failed to apply the correct law, as it applies to 1305.2. Under design review
criteria, does it respond to the physical contextual environment, taking into consideration urban
form and natural features? Well, responding to the physical contextual environment, I would
suggest that if you look at either of the maps, this particular project, which has significant
height, is built literally right up against the line of an R-1 single-family residential, not just
neighborhood, but home. There are homes behind these buildings; real homes, real people live
in them, and I would suggest that the Zoning Board did not take into consideration that element.
Does it respond to the neighborhood context? That's even easier. Obviously, it did not respond
to the neighborhood context again because we're not talking about a single-family house that's
in an R-3 zoned area. We're talking about a single-family house that's in an R-1 zoned area.
That single-family house will always be a single-family house. It will never be something else
because it isn't zoned for something else, so 1 would suggest that the Zoning Board did not apply
number two of the design review criteria, again, which is respond to the neighborhood context,
and number three, and the final one, as far as I'm concerned, did it create a transition in bulk
and scale? These are very, very shallow lots along Biscayne Boulevard, and in order to create a
transition in bulk and scale, you have to have a very significant set down. When you're talking
about the immediate adjoining property having a house that's probably, I don't know, 13, 14, 15,
16 feet talk -- you know, 16's the max. 1 can't imagine it's that tall -- and even if the house is
bulldozed, what is R-1 allowed if you built a new house? What's the maximum height in an
historic neighborhood?
Lourdes Slazyk (Assistant Director, Planning & Zoning): In any neighborhood, R-1 allows 25
feet.
Vice Chairman Winton: OK, so the maximum height in that neighborhood will forever be 25
feet, and the adjoining property has a height of -- the proposed application has a height of?
Ms. Slazyk: I believe they had 120 feet on the boulevard with 40 feet in the back, and then that --
the snip.
Vice Chairman Winton: And so, I would suggest that that entire scale does not create a
transition in bulk, because there is bulk, or scale.
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Ms. Slazyk: Correction. This was -- remember, this came in when the SD-9 was being modified.
It's 85/95.
Vice Chairman Winton: Right, and --
Ms. Slazyk: It was the maximum allowable on the front of the boulevard with the 40 feet in the
back.
Vice Chairman Winton: With 45 in the back, which is still a very significant dfference between
the bulk and scale of the single-family R-1 zoned property directly adjacent and behind, and so,
as a consequence, the City Attorney has advised that we have three options: one is to affirm the
decision of the Zoning Board, just flat-out affirm, reverse the decision of the Zoning Board, or
modify the action of the Zoning Board, and I'm going to choose to mod ff -- recommend
modifying the action of the Zoning Board because it's crystal clear the developer has a right to
develop his property, and we don't want to deny the right of that developer to develop his
property, but we do want to require that those properties on Biscayne Boulevard that are on the
east side of the boulevard, that are up against R-1 zoned single-family homes, do, in fact, forever
and forevermore in the future consider point one of design review, which is respond to physical
contextual environment, taking in consideration urban form and natural features; that it does
respond to the neighborhood context and it does create a transition in bulk and scale, and so,
therefore, I would suggest that the modified action would be to allow the developer to move
forward, but the developer be required to build a building that has a height no greater than 35
feet, so that it does take into consideration all of these elements that we've described, and that,
Mr. City Attorney -- or do 1 make a motion?
Mr. Fernandez: Yes.
Chairman Gonzalez: Yes, sir.
Vice Chairman Winton: And that would be my motion.
Commissioner Sanchez: Second.
Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say
"aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Motion carries.
Priscilla A. Thompson (City Clerk): Chair.
Evan Goldenberg: If we may have an opportunity to be heard because we are entitled to have --
Vice Chairman Winton: Mr. City Attorney.
Mr. Goldenberg: -- procedural due process.
Chairman Gonzalez: You --
Vice Chairman Winton: Mr. City Attorney.
Chairman Gonzalez: -- Mr. City Attorney.
Commissioner Spence -Jones: Was he able --?
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Vice Chairman Winton: You need to re --
Mr. Fernandez: Well, again --
Chairman Gonzalez: They were heard.
Mr. Fernandez: -- the record reflects that last time -- the last meeting, of which this is merely a
continuation for deliberative purposes, you had full opportunity to be heard, and you presented
your case. I -- this is a frame. This is a second frame of the first one, which was four weeks ago.
I forgot when the last --
Vice Chairman Winton: A month, yes.
Chairman Gonzalez: A month ago.
Mr. Fernandez: April, and so, therefore, my advice to you is that you have afforded both sides
procedural due process in that this is a continuation of that meeting at which both counsel had
ample opportunity to make their case. You were only reflecting, as appellate judges are entitled
to do, on the record after you heard the arguments of counsel, and all you have done today is
merely deliberate and make the appropriate, you know -- make a motion and it carried, so I do
not agree with counsel that he's not been afforded procedural due process.
Chairman Gonzalez: And I believe, if I remember correctly, that when we had the last hearing,
Commissioner Winton said that this hearing was only to make a decision --
Commissioner Regalado: To make a decision.
Mr. Fernandez: Correct.
Vice Chairman Winton: That is correct.
Chairman Gonzalez: -- because there was evidence --
Vice Chairman Winton: We put -- I --
Chairman Gonzalez: -- put on the record
Vice Chairman Winton: -- you're right. I put that on the record --
Chairman Gonzalez: Right.
Vice Chairman Winton: -- that this meeting was only to make a decision; that we had heard all
the testimony that we needed --
Mr. Fernandez: Right.
Vice Chairman Winton: -- to hear --
Chairman Gonzalez: Right.
Vice Chairman Winton: -- and that we needed an opportunity to review the record so that we
could come back to make a decision.
Mr. Fernandez: The record clearly reflects that.
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Chairman Gonzalez: All right. Let's move to --
Ms. Thompson: Chairman, please before you --
Chairman Gonzalez: -- 30 -- PZ (Planning & Zoning) --
Ms. Thompson: move. I'm sorry. I just want to make sure for the record. 1 have an additional
handout for PZ.31. Was that approved as modified, Lourdes?
Ms. Slazyk: Pardon?
Mr. Fernandez: Well, the -- what Lourdes has distributed, which is this, should be an
attachment to the resolution --
Chairman Gonzalez: To the resolution.
Mr. Fernandez: -- that reflects or memorializes the Commissioner's action.
Ms. Slazyk: Correct, which means that the legislation is modified to attach this attachment, and
the new condition, which Commissioner Winton put into the record when he modified.
Ms. Thompson: Thank you.
Chairman Gonzalez: All right. Let's --
Mr. Goldenberg: If I --
Chairman Gonzalez: -- move on to PZ --
Mr. Goldenberg: I just have a question. 1 was handed this before the hearing. Are -- am Ito
understand that the attachment that we were handed responds to Mr. Winton's motion to reduce
the height of the project to 35? In other words, this already contemplates a 35 foot height
project?
Ms. Slazyk: What that is is the written findings for the 1305.2, and what Commissioner Winton
did was say that in order to get the "yes" on the compliance there, that he feels that this Class II
Special Permit will only be in compliance with 1305.2 with the additional condition that he
proffered into the record, so those -- the yeses in those columns contemplate the conditions that
would be attached to a --
Mr. Fernandez: Again --
Mr. Goldenberg: OK, so --
Ms. Slazyk: -- Class II Special Permit.
Mr. Fernandez: -- Mr. Chairman, the record is replete. The City Commission has taken action.
Any questions of counsel would -- could be addressed, perhaps, as a matter of courtesy with us
personally, but certainly, it's not part of the record. Your decision has already been made and
it's final, and no comments being made by Ms. Slazyk or any questions being asked by counsel
are appropriately part of the record.
Chairman Gonzalez: That's correct. All right. Thank you.
PZ.32 06-00263 RESOLUTION
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Meeting Minutes May 25, 2006
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR
REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING
OR GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, REQUIRED
OFFSTREET PARKING, TO WAIVE ALL EIGHT OF THE REQUIRED EIGHT
PARKING SPACES, FOR THE PROPERTY LOCATED AT APPROXIMATELY
2240 SOUTHWEST 12TH STREET, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN "EXHIBIT A."
06-00263 Legislation (Version 2).pdf
06-00263 Exhibit A.pdf
06-00263 Legislation (Version 3).pdf
06-00263 Exhibit A.pdf
06-00263 Zoning Board Appeal Letter.pdf
06-00263 Analysis.pdf
06-00263 Zoning Map.pdf
06-00263 Aerial Map.pdf
06-00263 ZB Reso.pdf
06-00263 ZB Transcript.pdf
06-00263 Application & Supporting Docs.pdf
06-00263 Plans.pdf
06-00263 Fact Sheet 03-23-06.pdf
06-00263 Fact Sheet 05-25-06.pdf
REQUEST: Appeal of a Zoning Board Decision of a Variance
LOCATION: Approximately 2240 SW 12th Street
APPLICANT(S)/APPELLANT(S): Joe Arriola, City Manager, on behalf of the
City of Miami
FINDINGS:
PLANNING DEPARTMENT: Recommended approval of the appeal and
approval of the Variance.
ZONING BOARD: Denied the Variance on February 13, 2006 by a vote of 8-0.
PURPOSE: The approval of this appeal will allow three new tennis courts and a
tennis center for an existing park without the required parking.
WITHDRAWN
Jorge L. Fernandez (City Attorney): Now, the -- PZ.32, which is the item that accompanied
RE.3, which Commissioner Regalado continued, my recommendation on this item is that the --
announcing --
Commissioner Sanchez: City withdraw.
Mr. Fernandez: -- on behalf of the Administration, that the Administration is withdrawing the
appeal --
Chairman Gonzalez: The appeal.
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Meeting Minutes May 25, 2006
Mr. Fernandez: -- from the Zoning Board decision. Therefore, bringing this case tabula rasa,
leaving it as it is, and wait and see what the new design proposal is to see whether it would
warrant going back through the Zoning Board again or perhaps not even necessary.
Commissioner Sanchez: Could we just bring that item up and have someone from the City
withdraw it?
Mr. Fernandez: Yes. My understanding is that the Administration -- the Manager's office, is
withdrawing PZ.32 as an appeal by the City of a Zoning Board decision, which the Zoning
Board denied the City's request for a variance.
Commissioner Sanchez: All right.
Chairman Gonzalez: All right.
PZ.33 06-00399v RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF
THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, TO ALLOW A SIDE YARD SETBACK OF 0'0" WHERE 10'0"
IS REQUIRED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 630
NORTHEAST 62ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A," PURSUANT TO A TIME LIMITATION OF
TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED.
06-00399v Analysis.pdf
06-00399v Zoning Map.pdf
06-00399v Aerial Map.pdf
06-00399v Letter of Intent.pdf
06-00399v Application & Supporting Docs.pdf
06-00399v Plans.pdf
06-00399v ZB Fact Sheet.pdf
06-00399v Appeal Letter.pdf
06-00399v ZB Reso.pdf
06-00399v Legislation (Version 3).pdf
06-00399v Exhibit A.pdf
06-00399v Legislation (Version 4).pdf
06-00399v Exhibit A.pdf
06-00399v CC Fact Sheet.pdf
06-00399v Submittal-photos.pdf
Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0346
Chairman Gonzalez: We're going to move to PZ.33.
Commissioner Regalado: We need to -- Mr. Chairman, we need -- on PZ 32, the Administration
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Meeting Minutes May 25, 2006
has withdrawn the appeal.
Chairman Gonzalez: Yes. They did that --
Jorge L. Fernandez (City Attorney): Correct.
Chairman Gonzalez: -- this morning.
Commissioner Regalado: They --
Chairman Gonzalez: Right.
Commissioner Regalado: -- did that?
Vice Chairman Winton: Yes.
Mr. Fernandez: The --
Chairman Gonzalez: This morning --
Priscilla A. Thompson (City Clerk): Yes.
Mr. Fernandez: Yes.
Chairman Gonzalez: -- right.
Mr. Fernandez: That was already done, so --
Commissioner Regalado: OK.
Mr. Fernandez: -- 32 is taken care of. You're now left only with PZ 33 --
Chairman Gonzalez: PZ 33.
Mr. Fernandez: -- and this is an appeal from the Zoning Board, a variance appeal, and this,
unlike other, is a de novo hearing. In this hearing, you're not acting in your appellate capacity.
In this hearing, you may take evidence and hear anew the application.
Commissioner Spence -Jones: Thank you.
Lourdes Slazyk (Assistant Director, Planning & Zoning): Very quick for the record, this is an
appeal of a variance from the Zoning Board. The property is located at 630 Northeast 62nd
Street. The Zoning Board -- the request was for a side yard variance to allow a side yard
setback of zero where ten feet was required. The Planning Department had recommended denial
of the variance. The Zoning Board granted the variance on April 10, 2006 by a vote of 5/4, and
this appeal before you today is by Cristiano Martins, which is an adjacent property owner.
Chairman Gonzalez: Yes, sir.
Cristiano Martins: Good afternoon. Yeah, my name is Cristiano Martins. I'm a resident/owner
of 640 Northeast 2nd Street, the property directly adjacent to the property in question. I would
like to state my opposition to the variance that was granted and request the reversal of such on
the basis that there was never true hardship to just it in the first place. The hardship, if there
is any, is coming from the developer's attempt to overdevelop the lot, making unreasonable use
of the property with no consideration to the character of the neighborhood and the surrounding
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properties. OK, this, if approved, will be the tallest property within our street, OK, and with a
very, very harsh transition between -- right next to us, a single-family home, which it happens to
be my house, and also, (UNINTELLIGIBLE) the character of the neighborhood being -- every
other house in front and next -- and all the way to the bay, being this is an abandoned street,
pretty much share the same characteristics as my house. I would like to first just to read a --
there was two findings by the Zoning Department. I'd like to read the first one to you. The
request of variance are more than the minimum necessary to attain reasonable use of the
property, and it's therefore recommended the applicant make every effort to redesign the project
to reduce or eliminate the amount of variance being requested OK, I would like to emphasize
that a variance needs to come from conditions peculiar to the property and not the actions of the
applicant, which is the case. OK, the second found is that the develop in the lot in the manner
reflected by the plans submitted, the property owner has derived undo benefits under the Zoning
Ordinance, OK. The developer's argument is that the property is zoned R-3 and that the
hardships comes from its dimensions, and therefore, difficult to achieve a R-3 project. They also
claim that the property is too narrow and is only 50 feet wide and 3,900 square foot total. OK,
that's -- the situation with our neighborhood is that we are all R-3 and we all face the same
limitations, OK, and also, every single lot, the majority of the lots where we have -- the highest
structures you see in our neighborhood is going 10 be a duplex, a two -level structure. Pretty
much everything else is just a single home, single -level home. OK, and we all share the same
characteristics as far as the size of the lot, and we all have a 50 feet by 78; 3,900 square feet lot,
and it is just not reasonable to have an R-3 project on that size of a lot, so we all share the same
characteristics, and it would be impossible, even if 1 wanted to, at one point, demolish my house
and build a 50-foot structure to make an R-3, being that it is R-3 zoning, it would be pretty much
impossible. We'd all be left with matchbox -like structures, one next to the other, so there is
definitely a limitation there. That's the hardship, but there's one very important issue here; that
all of our properties, they are what they are, and that's not the case with the property of the --
that is in question right here, as in regards to size, and I'm going to go into that in just a little bit.
OK, and I'm going to mention to you the relationship between the adjacent property to the
proposed project, which is called the Lemon City Loft, which is the Milebella project. OK,
there's something very unique to this project. They are related, OK, and they are -- both projects
are owned by the same developer, OK, and there's something that was -- gone on quite often at
the meeting -- at the hearing is that Mr. Ben Fernandez was very quick to associate the Lemon
City Loft project with the Milebella project when it was to his advantage, but also very quick to
disassociate the project when it was to his disadvantage, and there's two problems with this, and
as you see, I had to point out that these projects are -- if I can make such analogy -- conjoined
twins. They come from the same source. They were created at the same time, but as -- they were
separated at birth, if I may say that. Milebella was then individually presented to the City,
individually presented, and then 1 was approved. OK, now Lemon City is being presented before
you, seeking variances, citing hardship due to the size of the lot, and then once again, it's
associating itself to the other project to its benefit since the zero side setback that is requesting is
inappropriate that is also owned by them, so that is a problem because the Lemon City Loft and
the Milebella project, the association that is happening once again will end as soon as this
meeting is over. The minute they are granted what they looking for, there goes the association,
and I can prove that by showing to you a photograph of the property already for sale as is -- as
we speak, so they are combined as one when it is to their benefit, then when it is not, they're
separated. OK, and the other problem with this association -- this association game that is being
played right here perhaps, and is the most important one, which it proves the case that there was
never a hardship associated with the size of the lot in the first place, and that's solely resulting
from the actions of the applicant, and I'd like to call Mr. Cruz right here to the microphone to
explain this part of the case.
Elvis Cruz: I'!l be brief gentlemen and lady. Elvis Cruz, 631 Northeast 57th Street. The
developers are claiming they have a hardship because this lot is only 50 feet wide. The Zoning
Board asked them why they knowingly bought a piece of property that would not fit their needs.
That's a good question, so we did some research, and we found something they didn't mention to
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the Zoning Board. The reason this is a 50-foot-wide lot is because they bought a 100-foot-wide
lot, and they themselves split it in half. You can see it listed on the County Web site under one
folio number, listed as having 7,800 square feet, which is exactly double the 3,900 square feet
they are claiming they now have. They split the property in half and now complain it is too
small. This is a classic example of a self-created hardship. Furthermore, they told the Zoning
Board that they acquired this property after they had designed Milebella, but how can that be
when their own drawings for Milebella include this property? When asked by Mr. Lavernia if
this plan was included in the Class 11 application for their Milebella project next door, Attorney
Ben Fernandez said, "No. This is a third lot that is outside of that that was subsequently
purchased" When Zoning Board member Mr. Juvenal Pina asked about the possibility of doing
a unity of title, Mr. Fernandez replied, "This was never a property we owned at the time. This
was acquired subsequently." I'm now going to point out the plan for the Milebella project,
which is on the easel in front of you, and 1 will show you that it includes part of the
100-foot-wide, 7,800 square foot property in question. You can see on the plat map lot number 3
and lot number 4. Commissioner Winton, do you have the printout from the Web site? These
two together, 3 and 4, are the 100 foot lot in question. Lot number 5 is where this gentleman
here lives, but 3 and 4 together -- and you can see it on the legal description. I know you know
how to read a legal description -- under one unity of title on that one folio number are -- make
up the property in question, and you can see that their building is on top of half of lot number 3.
Chairman Gonzalez: And what is on lot number 4, a single-family home?
Mr. Cruz: It's currently vacant, sir.
Chairman Gonzalez: It's vacant?
Mr. Cruz: Yes.
Chairman Gonzalez: And it is your lot?
Unidentified Speaker: No.
Mr. Cruz: It is a --
Unidentified Speaker: It's our lot.
Mr. Martins: I'm sorry. Their lot.
Commissioner Spence -Jones: Is it on here, your lot --
Unidentified Speaker: Yes.
Commissioner Spence -Jones: -- that you passed out?
Chairman Gonzalez: I'm confused.
Commissioner Spence -Jones: Please don't tell me it's the overgrown one.
Chairman Gonzalez: I'm confused. What --
Mr. Martins: It is -- I've been calling about that on a regular basis.
Commissioner Spence -Jones: Please tell me it's not the overgrown --
Dean Lewis: We'll clarify after we get a chance to present.
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Commissioner Spence -Jones: It's the overgrown one.
Mr. Cruz: Commissioners, what you have here is a self-created hardship. If you have any doubt
about this, please examine this evidence and ask us whatever hard questions you can think of
that would prove otherwise. The Planning Department is correct to recommend denial. Please
uphold our Zoning Code. Please grant the appeal, which will deny this variance. Lastly, this
public hearing before our elected officials has given us the opportunity to present this important
evidence. Please know that Miami 21 proposes eliminating public hearings like this. We hope
you will prevent that from happening and protect the public's right to be heard. Thank you.
Chairman Gonzalez: Thank you.
Mr. Martins: And I would ask to point out that -- just where this tree here is pretty much a
single -level home. We are all R-3, but we don't have the luxury of building R-3-like --
Chairman Gonzalez: But --
Mr. Martins: -- structures, so --
Chairman Gonzalez: -- my question is, do you own a house there now?
Mr. Martins: Yeah. I'm the owner of the house that was --
Unidentified Speaker: He's in --
Mr. Martins: -- right here where this --
Unidentified Speaker: -- the red square.
Mr. Martins: -- tree is.
Chairman Gonzalez: Oh, you are in 5, on lot 5?
Mr. Martins: I'm on number 5, correct.
Unidentified Speaker: Yeah, the red square.
Chairman Gonzalez: OK. All right. Now I got it, OK. Very good.
Mr. Martins: And this -- well, be a 50-foot structure within ten feet from my house, and that's
not -- doesn't make for a very soft transition at all.
Chairman Gonzalez: And what you have in that lot is a single-family residence, right?
Mr. Martins: That's correct, yes, so is the rest of the -- the most -- pretty much virtually all --
Ms. Thompson: I'm sorry. We don't record off the mike, so --
Chairman Gonzalez: Right.
Mr. Martins: OK, so it is that most of the houses on that street, 62nd as well as 61 st Street. The
tallest structures will be a duplex. There's three or four of those on the whole area, pretty much.
Chairman Gonzalez: Thank you, thank you. Yes, counsel.
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Ben Fernandez: Thank you, Mr. Chair. Ben Fernandez, 200 South Biscayne Boulevard, here on
behalf of Milebella, LLC. With me is the principal for Milebella, LLC, Mr. Stephen Perricone, as
is our project architect, Mr. Dean Lewis. There's a lot of things that weren't explained to you by
the appellants, and that's part of the reason that the Zoning Board found that this variance was
appropriate. First of all, let me note that Mr. Cruz indicates that there is no hardship. I call
your attention to the analysis for variance in your kit, which states the following findings have
been made: It is found that the subject property qualifies as a substandard lot under the City of
Miami Zoning Ordinance, which constitutes a hardship. Then they go on to explain that,
however, they feel that the degree of the variance that we have requested is excessive. The
Zoning Board, of course, found that it wasn't excessive, and I'm going to explain to you why they
found that it wasn't excessive, but one thing that is abundantly clear in the City is that when you
have an undersized lot, that typically constitutes, almost inevitably constitutes a hardship. 1
would venture to guess that there have been variances approved that don't constitute true legal
hardships because the variance isn't based on the dimensions of the lot or the size of the lot; this
one is. This lot is 3,800 square feet in size; it's substandard. The Milebella project that was
approved here facing Biscayne Boulevard was approved -- was purchased by Mr. Perricone
before the SD-9 regulations came into effect, which required greater setback requirements from
adjoining residential areas. He purchased these lots in question in order to have the Milebella
project comply with some of those setback requirements, so when he did that -- and you can see
how Milebella provides the full 45-degree angle that is required from adjacent residential lots,
such as this, R-3. Now when he proposed the project on the subject property, what he did -- that
lot -- he didn't create -- he didn't split that lot. That's a platted lot. Mr. Perricone didn't replat
the property. That's an existing platted property that's only 3,800 square feet in size.
Vice Chairman Winton: And it's always been that way? 1 mean --
Mr. B. Fernandez: It's always been that way.
Commissioner Spence -Jones: But what was on it before?
Mr. B. Fernandez: What was on there before --
Commissioner Spence -Jones: A house?
Mr. B. Fernandez: -- a while ago --
Mr. Lewis: No. We have not demolished anything.
Mr. B. Fernandez: They bought it, and it was vacant when they bought it.
Commissioner Spence -Jones: Yeah, but what was on it?
Mr. Lewis: It's green space.
Commissioner Spence -Jones: What -- before you guys bought it, what was on it, though? A
house, right?
Mr. Lewis: No.
Mr. B. Fernandez: I don't know.
Mr. Lewis: No.
Mr. B. Fernandez: Nothing was on -- when he bought it, there was nothing on it.
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Mr. Lewis: No.
Mr. B. Fernandez: It was already vacant. He didn't knock down a house on it.
Mr. Lewis: No. Just for the record, upfront on Biscayne Boulevard, there was a small grocery
store that was drug traffic ridden --
Vice Chairman Winton: The worst --
Mr. Lewis: -- which was --
Vice Chairman Winton: -- grocery store --
Mr. Lewis: -- demoed and --
Vice Chairman Winton: -- on Biscayne --
Mr. Lewis: -- so is the --
Commissioner Spence -Jones: No. I'm aware --
Vice Chairman Winton: -- yeah.
Commissioner Spence -Jones: --1 know exactly where this --
Mr. Lewis: -- and the BF --
Commissioner Spence -Jones: -- MLK (Martin Luther King) Boulevard.
Ms. Thompson: And I'm sorry.
Mr. Lewis: -- abandoned tire store.
Mr. B. Fernandez: There's --
Mr. Lewis: Oh, I'm sorry.
Mr. B. Fernandez: -- another thing --
Mr. Lewis: Dean Lewis.
Mr. B. Fernandez: -- that's significant about this property is that directly across the street from
this is a C-1 zoned property and a surface parking lot that serves the C-1 zoned property, so
there is no residential across the street on 62nd, and there is no residential on the subject
property. The subject property was purchased as an R-3 zoned property, which allows a density
of up to six dwelling units. What we're proposing is only four, which is below the six. Now the
variance that we've requested is a variance of the setback requirement that faces our own
property. In other words, we're required to have a ten foot setback on either side. We're
providing the full ten foot setback from Mr. Cristiano's property --
Mr. Lewis: As per Code.
Mr. B. Fernandez: -- as per Code --
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Mr. Martins: Wow. Thank you so much.
Mr. B. Fernandez: -- here -- well, that's all that's required on your side.
Vice Chairman Winton: Excuse me. They're -- 1--
Mr. Lewis: Please.
Mr. B. Fernandez: Yeah.
Mr. Martins: I'm sorry.
Vice Chairman Winton: Thank you.
Mr. B. Fernandez: The -- and the Milebella project, if you see the way the lot line runs for
Milebella, it jogs. It actually provides more setback, 25 feet, along 62nd Street than it does
along 61 st Street, so that we are actually -- if you were to count the setback from Milebella to
this project, to the Lemon City Loft project, it's 25 feet, where only a total of 15 are required.
Five feet for the Milebella side and ten feet if we were to provide it on this R-3 side, which is a
total of 15 feet. What's actually there is 25 feet, and that's simply a result of the fact that the
property line jogs, and 1 don't know if you can see it. There're a lot of lines on this, but it jogs,
so in essence, what you have here is an illusory variance. It's a legal fiction. We have to ask for
it because of the existence of this lot line, which makes this lot smaller, but the actual perception
of anyone standing here is going to be that this building sets back 25 feet on one side and a full
10 feet is required by your Zoning Ordinance on the other side, and even the lot size is going to
appear as if it's acceptable because you have greater green space here than is required by the
Code on the Milebella side, so you know, it's entirely within what the Code requires for
properties in terms of compatibility. It doesn't meet the legal standard because the -- this lot line
happens to be where it is, but the fact -- the reason that we mentioned that the owners are the
same is exactly the basis for our variance. These owners are providing the additional setback
that makes this property compatible with the area. Another -- so that, combined with the fact
that you have a surface parking lot to the north -- and if you go down 62nd Street, this isn't an
entirely residential street. It's characterized by a mixture of mid -rise apartments. There are two
-- how many story, Dean?
Mr. Lewis: Eight -story building.
Mr. B. Fernandez: -- eight -story apartment building at the end of this street. There are also --
an apartment building that's being developed at the end of this street on the south side. This is a
mixture. This is one of the least intense proposed uses on this site.
Mr. Lewis: And if I may --
Chairman Gonzalez: All right.
Mr. Lewis: -- add? May I just add one thing, please, quickly?
Ms. Thompson: I'm sorry. 1 do need name --
Mr. Lewis: My name is Dean Lewis, project architect, and I would like to identify that in
addition to the box or the volume of our project, which is in compliance in terms of height and
density, as well as under intensity of FAR, we have shifted the box, if you will, to the west,
providing the ten foot required setback to our neighbor directly to the east, and in addition, I
have turned the architecture or created an emphasis of an accent facade, well glazed, providing
views to the northeast and to the bay, so he will not be looking at a sheer party wall either, and -
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Vice Chairman Winton: What's he looking at?
Chairman Gonzalez: What is he looking at?
Mr. Lewis: This is the facade he'll be looking at.
Vice Chairman Winton: Wow.
Mr. Lewis: Well, his house is down here and -- at this position --
Commissioner Spence -Jones: But that's --
Mr. Lewis: -- so --
Commissioner Spence -Jones: -- the back of his house, though, right there. That's what he's
going to be looking up to, though, right?
Mr. Lewis: The side of his house -- the orientation of it -- this -- he has a side yard. He has a
side yard. His house is projecting --
Commissioner Spence -Jones: But when he looks --
Mr. Lewis.' -- to the north --
Commissioner Spence -Jones: -- out his window, he's going to be looking up at that, right?
Vice Chairman Winton: That's the --
Mr. Lewis: He's going to --
Unidentified Speaker: Ask him.
Vice Chairman Winton: When he looks out the side of his house --
Mr. Lewis: He's going to --
Chairman Gonzalez: When he look out the side.
Mr. Lewis: -- see the -- he's going to see a landscaped wall. He's going to see -- understand that
he's got an eight foot screen wall. He has a facade that is articulated and not a rear party wall
that's 45 feet tall. It's architecturalized [sic]. In addition, his house orientation, his main
windows are to the north and to the south, and finally, this is a multifamily, R-3 zone. That's the
as -of -right zoning reality.
Vice Chairman Winton: Mr. Chairman.
Chairman Gonzalez: Yes, sir.
Vice Chairman Winton: Let me tell you what 1 really like about this. This building is doing
precisely what we've been trying to get done all over the place, and we have the appropriate
zoning here to get it done. You feel bad that there's a single-family house next door to it, but the
fact of the matter is, it is zoned R-3 --
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Unidentified Speaker: Bought it that way.
Vice Chairman Winton: -- and so, over time, that single-family home will not be a single-family
home. It's zoned R-3, and what they've done with the building adjacent to the Biscayne
Boulevard property is, in fact, created an additional buffer that's moving back into the
neighborhood It isn't a high-rise. It's not the same height. It's significantly stepped down so
that you create exactly what we've been talking about all along, that buffer from height; it steps
down, and it can do the same thing throughout the neighborhood Now, interestingly, in the R-3
zone in our current code, I'm going to suspect if somebody has a bigger site, a hundred by
hundred site, their height can be significantly taller than this building. What is it?
Ms. Slazyk: Five stories.
Vice Chairman Winton: Five stories, OK, so not significantly -- so this creates, then, the
absolute perfect buffer coming off of the height, going into the neighborhood that's going to have
a five -story height limit, so I don't think you could get something better for the neighborhood
than what this is doing, and 1 don't --1 heard the first arguments about they created their own
hardship, but Madam Attorney, 1 don't know when you have this kind of situation where one
person says one thing and the other says another, and that is, timing of ownership, whether it
was platted or not platted. I don't know who you believe in this kind of situation when you have
two radically conflicting points here.
Julie O. Bru (Deputy City Attorney): That's wherein you just weigh the evidence, and you assess
credibility, and you make a decision.
Mr. B. Fernandez: Well, I can say --
Vice Chairman Winton: So let's say, for the sake of conversation, that the comment on this side
is accurate. When you look, however, at the reality of this situation here, where they do, in fact,
have a ten foot -- a real -- I'm not talking about where the plat line is. I'm talking about a real
setback of ten feet that is on the east side, and 25 feet on the west side, the real reality is there
are substantial setbacks relative -- and setbacks are about adjacent properties, so their real
setbacks here, in terms of real time, they're there. In terms of where the plat line may be, it isn't,
and that's why we have to have this variance issue, but in terms of real time, they're there, and so
-- Elvis, I'll come back to you here in one second, but as soon as you make your comment, I'm
ready to make a move.
Mr. Cruz: Thank you, Commissioner. I've been waiting to --
Vice Chairman Winton: Sorry.
Mr. Cruz: -- do the rebuttal. No problem. The attorney's presentation did not address how they
strategically split the use of the property in order to create the hardship, but the most important
point I can make -- and as a real estate person, 1 think you'll appreciate this. This property, the
Milebella property, has been for sale for nine months. I'm sure you've driven by the boulevard.
I've seen -- I'm sure you've seen the big sign. It seems that the idea that this setback that exists
there because of the design of Milebella somehow makes this acceptable. That could go away
tomorrow. A new owner does not have to build according to this plan. They themselves,
apparently, do not intend to build according to this plan because they've put it up for sale.
Mr. B. Fernandez: I'm sorry.
Vice Chairman Winton: Hold on, hold on, hold on.
Mr. B. Fernandez: I have to interject. That's absolutely not true. We have --
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Vice Chairman Winton: Hold on.
Mr. B. Fernandez: -- pulled a building permit. Had you done your research, you would have
found that we've pulled --
Vice Chairman Winton: Ben, Ben --
Mr. B. Fernandez: -- a foundation permit.
Vice Chairman Winton: -- Ben.
Commissioner Sanchez: Ben.
Vice Chairman Winton.: Excuse me.
Mr. B. Fernandez: I'm sorry. I just felt compelled to --
Vice Chairman Winton: Just hold.
Mr. B. Fernandez: -- answer. OK.
Vice Chairman Winton: Let him continue, please.
Mr. Cruz: Right, so just to recap that one point, it could be sold tomorrow and the new owners
do not have to build according, and let me point out that one of the selling points on this project
that they talked about was that wonderful green space that they're creating behind with the big
trees. You can see the plants from where you're sitting. I don't even have to point it out. See
those oak trees that they've got behind, and now they're going to put up a 50-foot tall building
and create a tunnel. We know oak trees. Those are full sunlight. Any tree needs light. How
well is that tree going to grow when it's in total shadow the vast majority of the day. That's a
soft point, but the most important point is that that can go away. That virtual setback can
disappear when the new owner comes in, and they can sell this property as well, and so their
scenario that they've contrived can disappear completely. Thank you.
Chairman Gonzalez. You're done?
Mr. Cruz: Yes.
Commissioner Sanchez: May I , Johnny?
Chairman Gonzalez: Thank you.
Mr. Cruz: Thank you, gentlemen.
Commissioner Sanchez: I was in my --
Chairman Gonzalez: All right.
Commissioner Sanchez: -- I was in the office watching Net-9 (Miami Cable Television), so I was
-- I'm abreast of what happened --
Chairman Gonzalez: Right.
Commissioner Sanchez: -- and I concur what you stated on this project, and as soon as you
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make a motion, I'm prepared to second it.
Vice Chairman Winton: Yeah.
Chairman Gonzalez: All right.
Vice Chairman Winton: Let -- but let --
Chairman Gonzalez: Madam Clerk, I gave each party the same amount of time, right, under the
clock?
Ms. Thompson: That's correct, approximately --
Chairman Gonzalez: All right.
Ms. Thompson: -- 11 minutes.
Chairman Gonzalez: Very good. All right, so we're ready for action.
Vice Chairman Winton: Lourdes, you know, one of the issues that we have had in the past is
relative to making these decisions and then having a developer sell the project, and we've -- and
I've always been concerned about that issue, where you make an exception and you make the
exception because the circumstances fit, you know. When you put all the pieces together, it's the
right piece, but if you sell the development, then you no longer have -- would you --?
Ms. Slazyk: Well, the only thing 1 can say is once -- if this City Commission grants a variance,
it's only -- it's good for a year. They have one year to get a building permit. It will run with the
land, and they're tied to these plans on file. If they want to build something different, they have
to come back and get the variance modified.
Vice Chairman Winton: And that's what I --
Ms. Slazyk: These guys will have one year to get a building permit. If they don't, they get
one-time extension for one more year. After that, the variance goes away.
Vice Chairman Winton: OK.
Ms. Slazyk: It doesn't stay there forever for another project that somebody else may want to do.
Vice Chairman Winton: I --
Ms. Slazyk: If they sell the project, somebody else is tied to these plans, or they have to come
back for something else; same thing with Milebella, by the way. That was a Class II Special
Permit. It's good for one year with one-time extension. If they don't get a building permit by
that time, whatever else they put there has to come back for a separate approval.
Mr. B. Fernandez: We already have a building permit.
Vice Chairman Winton: So --
Ms. Slazyk: OK, well --
Mr. B. Fernandez: Just want to make that clear for the record.
Vice Chairman Winton: -- I understand --
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Ms. Slazyk: -- they have --
Vice Chairman Winton: -- and --
Ms. Slazyk: -- a building permit already.
Vice Chairman Winton: -- I thought that was the case. I wanted to put it on the record because
that is an issue that we've always been concerned about, and I thought that was the answer, and
as a consequence, then, I'm prepared to --
Mr. B. Fernandez: Commissioner, if I may, 1 would just like to incorporate all of the transcript
and comments made at the Zoning Board level on this matter into this hearing, just for the
record. Thank you.
Vice Chairman Winton: Great.
Chairman Gonzalez: Thank you.
Mr. Martins: If 1 may ask a question, Commission? You just imposed a restriction on a -- a
limitation on developer of 35 feet, I just heard a couple minutes ago. Why wouldn't that be
appropriate on this case?
Vice Chairman Winton: Because --
Mr. Martins: Why I can have a 50-foot structure next to my --?
Vice Chairman Winton: And there's --
Chairman Gonzalez: There's a d?erence.
Vice Chairman Winton: -- because there's a world of derence between --
Chairman Gonzalez: Right.
Vice Chairman Winton: -- your site and the site on Biscayne Boulevard on the east side up by
Morningside. The world of difference is that your entire neighborhood is zoned R-3; it is not
zoned R-1. Mirabella [sic] is already an approved project, and this particular project is a
perfect step-down from the Biscayne Boulevard project, and the reason Mirabella [sic] got
approved as it is, is because it met the back setback and step-down requirements, and it's up
against a higher density zoning area than Morningside and some other neighborhoods that have
specifically R-1.
Mr. Martins: So it's because I'm (UNINTELLIGIBLE) an R-3 zone?
Vice Chairman Winton: I'm sorry?
Mr. Martins: It's because I'm on an R-3 zone --
Vice Chairman Winton: Yep.
Mr. Martins: -- and therefore, there's no R-3 projects anywhere near me, so because --
Vice Chairman Winton: Well --
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Mr. Martins: -- I'm on R-3, am I --
Vice Chairman Winton: -- R --
Mr. Martins: -- doomed to be phased out --
Vice Chairman Winton: -- you --
Mr. Martins: -- because of your vision of Miami's tomorrow?
Vice Chairman Winton: Yeah.
Mr. Martins: Is that --
Vice Chairman Winton: You're --
Mr. Martins: -- what you're trying to say?
Vice Chairman Winton.' --1 said that upfront. Your R-1 house -- I said it probably in my first
sentence in this particular issue. 1 said your single-family residential house, long-term, will not
be a single-family residential house. It will be a multifamily something long-term because that's
what the neighborhood's zoned.
Mr. Martins: All right.
Vice Chairman Winton: Now --
Mr. Martins: I disagree, but --
Vice Chairman Winton: -- so --
Mr. Martins: -- that's OK.
Vice Chairman Winton: -- I am moving to grant the variance --
Commissioner Sanchez: And deny the appeal.
Vice Chairman Winton: -- and to --
Chairman Gonzalez: Deny the --
Vice Chairman Winton: -- deny the appeal.
Commissioner Sanchez: Second.
Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say
"aye."
The Commission (Collectively): Aye.
Chairman Gonzalez.: Those opposed have the same right. The motion carries.
Mr. B. Fernandez: Thank you very much.
Chairman Gonzalez: And that concludes the --
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Commissioner Sanchez: PZ (Planning & Zoning).
Chairman Gonzalez: Planning & Zoning agenda.
Commissioner Sanchez. Pocket items.
Chairman Gonzalez: Any pocket items? Any --?
Vice Chairman Winton: Hopefully, none.
Commissioner Sanchez: No.
Chairman Gonzalez: No?
Mr. Martins: Thank you very much.
Commissioner Sanchez: Move to adjourn.
Chairman Gonzalez: 1 need a motion to adjourn. Thank you. Meeting stands adjourned.
PZ.34 06-00422ii RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DENYING THE APPEAL BY BRENDA KUHNS, WENDY
STEPHAN, PAT KELLY AND THE BUENA VISTA EAST HISTORIC
NEIGHBORHOOD ASSOCIATION, AFFIRMING THE DECISION OF THE
ZONING BOARD, THEREBY GRANTING WITH CONDITIONS THE CLASS II
SPECIAL PERMIT APPLICATION NO. 05-0313, ISSUED BY THE PLANNING
DIRECTOR ON JANUARY 18, 2006, TO ALLOW FOR NEW CONSTRUCTION
OF ELECTRA TWO, LOCATED AT APPROXIMATELY 100 NORTHEAST
39TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN
"EXHIBIT A."
06-00422ii Class II Appeal Letter.pdf
06-00422ii Zoning Map.pdf
06-00422ii Aerial Map.pdf
06-00422ii Class II Approval & Supporting Docs.pdf
06-00422ii Zoning Referral & Plans.pdf
06-00422ii ZB Fact Sheet.pdf
06-00422ii ZB Appeal Letter.PDF
06-00422ii Appellant Waiving 45-Day Rule.PDF
06-00422ii ZB Reso.pdf
06-00422ii Section 1305.pdf
06-00422ii Legislation (Version 3).pdf
06-00422ii Exhibit A.pdf
06-00422ii Legislation (Version 4).pdf
06-00422ii Exhibit A.pdf
06-00422ii CC Fact Sheet.pdf
Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this
matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
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R-06-0342
Chairman Gonzalez: PZ.5.
Adrienne Pardo: Mr. Chairman, if --
Chairman Gonzalez: Yes, ma'am.
Ms. Pardo: --1 could just ask you -- We have a settlement on Item 34.
Chairman Gonzalez: All right.
Commissioner Sanchez: A settlement?
Chairman Gonzalez: You want 34?
Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. PZ 34 is an appeal --
Chairman Gonzalez: Right.
Ms. Slazyk: -- of a Class 11 Special Permit that was granted for the Electra 11 project. The Class
II was appealed to the Zoning Board. The Zoning Board denied the Class II appeal, and what's
before you today is an appeal from the Zoning Board. The Planning Department is
recommending denial of the appeal and affirming the decision of the Zoning Board, which
upheld the Planning director's approval of the Class II Special Permit. Since that time, a
settlement has -- is being proffered to the City Commission, which would include adopting
additional conditions in response to this Class 11 Special Permit.
Chairman Gonzalez: Mr. City Attorney, help me here. What's the procedure? What --?
Jorge L. Fernandez (City Attorney): Well, this item was scheduled for -- as an appeal to be
heard by you --
Chairman Gonzalez: Right.
Mr. Fernandez: -- but to the extent that the developer and the neighborhood associations, which
are the parties at odd here, have reached an agreement, then by dismissing the appeal, if you
hear both sides, you should be able to dispose of the item, if you find that what's being agreed
between the two of you meet with what you define to be in the City's best interest.
Vice Chairman Winton: So we let them present --
Brenda Kuhns: May --?
Vice Chairman Winton: -- to us; is that it?
Mr. Fernandez: Yeah, briefly, argument of respective counsel.
Chairman Gonzalez.: I guess it's going to be a brief presentation, right?
Mr. Fernandez: Yes.
Chairman Gonzalez: OK. All right. Yes, ma'am.
Ms. Kuhns: Thank you. Just to begin with, though --
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Commissioner Spence -Jones: State your name.
Ms. Kuhns: Brenda Kuhns, 119 Northeast 43rd Street. Thank you. We ask that you not dismiss
the appeal, rather that you deny the appeal and grant the Class II Special Permit, incorporating
the conditions of our agreement.
Vice Chairman Winton: OK.
Ms. Kuhns: I'm happy to come before this Commission with an agreement. We've been working
vigorously with the developer to come to something that we can all live with, and I think that
we've done that today, and I thank our Commissioner Michelle Spence -Jones for her leadership
and support through all of these efforts. Today we have a global settlement agreement for the
Electra 1 and the Electra II project. The developer's attorney will go into the specifics of the
conditions to incorporate into the Class II Special Permit, but I just wanted to mention some of
the conditions that are part of the agreement and the purpose and the spirit behind them just so
this Commission understands, you know, going forward some of the things that we have been
aiming to achieve and that we feel that we have with this agreement. The first is that the
developers agreed to limit the height of the building to 120 feet. We feel that at this height it will
be less visible from our neighborhood, less imposing upon our neighborhood, and it -- while we
might like the building to still be smaller, we think we can live with this. We think this is a good
agreement for our neighborhood We've also asked the developer -- and they've agreed -- to
reincorporate into their design some of the commercial space that they had taken out. When --
the project is placed on a certain property in the Design District that has a functioning
commercial building on it. The Design District is our commercial center for our neighborhood,
and what we don't want to see is that the Design District, which is our commercial center,
becomes a residential neighborhood. One of the things our neighbors always say is, we want
shops that we can walk to. We want to be able to walk to work, so reducing the commercial
space doesn't further that purpose at all, so the developer has agreed to reincorporate a total of
10,000 square feet of commercial space into the building, and we also are concerned with some
of the new projects coming into the neighborhood because the Design District is such a colorful,
artistic, funky design -oriented neighborhood, and so the developer has agreed to incorporate a
mosaic or a painting on the south facing wall, something reflective of the character of the
neighborhood, something still retaining that funky quality that we were trying to preserve.
They've also agreed to alleviate some of the parking issues and concerns that we've had by
working with the City to provide off -site parking. There's presently a parking garage proposed
for across the street from the building, and we would ask this Commission's support and the
City's support in helping the developer to contract with the City so that the residents of the
building can park there, you know, maybe at night, after the commercial spaces aren't needed.
Their parking gar -- commercial parking garage in a commercial district is often empty at night.
If the residents could park there, by some sort of agreement, the developer has agreed to work
with the City and try to get that type of agreement. We've also agreed to drop our appeal for
Electra 1, incorporating all the changes that this Commission imposed upon the building when
we were here in February, but also, the developers agreed to add in a driveway to alleviate some
of our concerns about the dangerous condition of all these people coming out of the building at
36 Street and Miami Avenue, and so we ask also for the City's help and participation in working
with the developer to add a driveway to attach to Miami Avenue. With these changes, we feel
that the building is something that will be good for us and good for everyone. While we'd like to
see it a little smaller, we think it's something we can live with, and it's a positive change for our
neighborhood. We thank our Commissioner for her support. We thank you for your support.
The president of our neighborhood association would just like to say a few words, and then Ms.
Pardo, I'm sure, will go through the conditions, so incorporating the conditions of our
agreement, we don't oppose denial of the permit. Thank you.
Chairman Gonzales: All right.
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Commissioner Sanchez: No.
Ms. Kuhns: I'm sorry. We don't oppose the denial of the appeal.
Wendy Stephan: Hello. 1'!1 be brief My name is Wendy Stephan. I live at 101 Northeast 43rd
Street, Miami. I'm here today as one of the appellees, but also as the president of the
neighborhood association, Buena Vista East Historic Neighborhood Association. 1 am very
pleased about the compromise today. It is, indeed, a compromise. We would like to see the
district remain smaller, but we do feel it's a victory. One of the main reasons we feel
comfortable going forward with the agreement is that it is consistent with what's been proposed
in Miami 21. We are placing our hopes in Miami 21 in terms of giving all neighborhoods, not
just the squeaky wheels, the protections of -- afforded single-family residential neighborhoods. I
wanted to thank you -- I'm also very excited about the incorporation of public art. The
Commissioner had asked for the incorporation of a gateway in Electra I. We will be working
with the City to create a gateway for the Design District, and also now the creation of a mosaic
wall visible from 1-90 -- 195 on the Electra II project. We're very, very pleased about that.
Diversity is what Miami is about, and maintaining the diversity of our neighborhoods is an
important goal for us. Thank you very much.
Chairman Gonzalez: Thank you.
Commissioner Sanchez: Thank you.
Chairman Gonzalez: Ms. Pardo.
Commissioner Sanchez: All right. 1 love it when we have a compromise.
Chairman Gonzalez: Ms. Pardo.
Ms. Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. We
had a list of our items -- the conditions that we are requesting the Commission to include in this
particular approval, so it'd be approval of the Class II, denial of the appeal. I submitted a copy
to the City Clerk. I can hand these out for everybody else.
Commissioner Sanchez: All right. Let's go.
Vice Chairman Winton: I'm assuming they've read Exhibit B.
Ms. Pardo: Yes.
Commissioner Sanchez: Have you had an opportunity to --
Ms. Pardo: That was --
Commissioner Sanchez: -- review this?
Ms. Pardo: -- Exhibit B was --
Ms. Kuhns: Could 1 have a copy just so --
Vice Chairman Winton: Here, you can have --
Ms. Kuhns: -- for my record?
Ms. Pardo: Yeah. That was from our agreement.
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Mr. Fernandez: Mr. Chairman.
Chairman Gonzalez: Yes, sir.
Ms. Pardo: So we would just request that you approve it. I don't think it's necessary to read
each one. We've given it to staff. They haven't had any problems with it --
Commissioner Sanchez: City Attorney.
Ms. Pardo: -- unless the City Attorney has a problem.
Chairman Gonzalez: Yes, Mr. City Attorney.
Vice Chairman Winton: He's --
Mr. Fernandez: Yes.
Vice Chairman Winton: -- frowning.
Mr. Fernandez: I have more than a problem with this --
Ms. Pardo: Oh.
Mr. Fernandez: -- but then again, it's up to this Commission as to how you like to be imposed
upon. If this Commission condones and allows the abuse of process that has been taking place
so that your good wills and your graces and your time at this Commission is spent in a process in
which this Commission originally has no reason to be involved, unless there is a legitimate
appeal filed, then you may condone it, and you may consent, and you may go along with it. This
settlement was reached on this morning. This is a settlement of an appeal taken from the
decision of the Zoning Board that agreed with the Planning director. The granting of a Class II
Special Permit is within the sole purview of the director of Planning. If her decision is appeal,
then it goes to the Zoning Board, but the Zoning Board is intended to be the final authority in
Class II Special Permits, unless an appeal is perfected to this Commission. Now there is a
history of these. We are in court, Electra 1-- we have a whole history of appeals perfected by
neighborhood associations and by developers of the grant or denial of Class 11 Special Permits
and variances, and the Zoning Board has become one of the hottest boards in terms of producing
litigation for the City, so the time of the City spent in litigation defending an administrative
process is, in essence, what we're doing here today. The City Attorney's Office is very much
involved in all of that litigation, but we're not involved in this settlement. This is a settlement
between private parties. These private parties, that is, the developer and the homeowner's
association, have used the process of the Zoning Board, the hearing in front of the Zoning
Board, perfected an appeal in front of the Zoning Board, came to you and all -- meanwhile, they
were either negotiating or not negotiating, but the City now is in a position of having to -- and
apparently, the question in front of you is to deny the appeal. The appeal is not being retrieved.
The appeal is not being withdrawn to allow the decision of the Zoning Board to stand; rather,
this Commission is being asked to take action, and the action you're being asked is to deny the
appeal on the basis of an agreement of the parties. Can that be done? Yes, but by doing so, you
continue to encourage the kind of trading horses and the kind of negotiating back and forth that
traditionally has been going on. If you are of a mindset to tolerate that -- completely contrary,
by the way, direction you're going on Miami 21, but if you like that, then it's fine that you accept
this. I have to show my displeasure at what counsel for the developer has done, as well as the
neighborhood association, but then again, it's only my displeasure with this whole process.
Ultimately, it's yours to deal with. You can easily dispose of it by denying the appeal and letting,
then, the Class II Special Permit, with conditions, which we haven't reviewed, frankly, but we
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understand staff has no problem with it, and move on to the next item.
Commissioner Spence -Jones: Mr. City Attorney.
Vice Chairman Winton: Hold --
Chairman Gonzalez: All right. Wait, wait, wait.
Vice Chairman Winton: Oh, I'm sorry.
Ms. Kuhns: May 1 say one thing?
Commissioner Sanchez: No, no, no.
Ms. Kuhns: And that is that we've been encouraged by this Commission to --
Vice Chairman Winton: Right.
Ms. Kuhns: -- do this.
Commissioner Sanchez: May 1?
Vice Chairman Winton: Mr. Chair -- yeah.
Chairman Gonzalez: Wait a minute.
Commissioner Spence -Jones: No, no. I --
Chairman Gonzalez: Wait, just a second, please.
Commissioner Spence -Jones: Are we going to wait for them to finish, and then it comes back to
us, Mr. Chairman?
Vice Chairman Winton: No, I think --
Chairman Gonzalez: No, no, no.
Commissioner Spence -Jones: How would --?
Chairman Gonzalez: They already finished their presentation. They presented this to be
approved by us. That's why I asked the City Attorney what was his opinion. Vice Chairman
Winton.
Vice Chairman Winton: I heard everything the City Attorney said, but to the City Attorney, I
would suggest to you that I'm thrilled that this is here in this fashion, and we're going through
Miami 21 precisely because we have so many of these kinds of things that have required our
intervention because our system has been, essentially, broken, and so I don't feel put upon in the
least that this group -- these two groups have worked together since our last meeting to come up
with what I consider to be an appropriate compromise, number one. Number two, as it relates to
the Design District, I was greatly troubled and was struggling to figure out what I was going to
do in this particular case because I do find the Design District to be, like many of our
neighborhoods, unique to South Florida, and we have a lot of those very unique -- we're an
interesting city. We're not Coral Gables. We don't look alike all over the place. We've got very
unique neighborhoods that we need to protect, and this is one of those neighborhoods, and it's a
neighborhood made up of relatively small buildings, and 1 was hoping that we would have an
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opportunity in this process, because they came back here, to send a signal to the development
community that we are working on Miami 21, and that the Design District needs to be protected
with all of our might, and that big height is not good in the Design District, and that the 120 feet
that they've agreed to, you know, is -- that agreement is pressing the envelope because I think the
other tallest building in the Design District right now is probably six or eight stories tall?
Ms. Kuhns: Five.
Vice Chairman Winton: Five? Well -- so 1 was hoping we would have the opportunity to send
the message to the development community that they honor the history of the Design District and
work harder to bring the height of their buildings down, and 1 was thrilled that the developer
and the neighborhood worked to accomplish that objective in this particular instance, and I'm
happy that they have imposed upon me in this particular instance.
Commissioner Spence -Jones: Thank you. Mr. Chairman, can I --?
Chairman Gonzalez: Yes, ma'am.
Commissioner Spence -Jones: OK. This happens to actually be in my district, and I have to say
that I feel encouraged to see that the neighborhood association or the neighborhood groups and
the developers that are working to do things in the area were able to come to a compromise. To
me, that is a blessing, and hopefully, we can learn something, all of us sitting in here and those
watching can learn from this experience that things can change if two people sit down and
communicate, so to even hear you, you know -- and 1 understand you're doing your job, and you
did it real well because I tell you, it was like raining on a parade for a minute, but you know, it's
OK because that's what you supposed to do. You supposed to rain on it sometimes, but I do want
to say that I am so, so happy that my neighborhood association, the group in -- the people from
the community are happy about the project. That's what we were elected to do; is to make sure
that we find a balance between the two, and 1 think that's what happened. The two were able to
sit down at the table and come up with an agreement, and hopefully, our developers, as they
begin to build in neighborhoods, they can see from this experience that, you know, it's not always
a closed door, so I want to tell you guys thank you very much for coming to a compromise
because sitting in my seat is very difficult sometime to make these type of decisions because you
want to support neighborhoods, you want to support the people that support you, OK, and 1 want
to say to Ms. Pardo, same thing. I'm very excited that you guys were able to sit --1 know you
were hitting your head across -- you know, I thought the world was going to end for a minute,
but I'm glad that it worked out, and we should all be glad. 1 think my colleagues are all glad.
The only person sitting up here that's not happy is --
Mr. Fernandez: The City Attorney, and let me -- clearly, and let me tell you why. The -- neither
the development community nor the neighborhood associations have been elected to do land use
decisions for the City of Miami. They are competing parties. They have an investment interest
and they have a protection of neighborhood interest, all of which are legitimate, and so I am not
attacking either of them. All that I'm doing is challenging my Commission, after I give you the
deference to let you know that you may do whatever you please, but to call you to a higher order
of thinking, which is that land use decisions are yours. They are not the community's and they
are not the developer's, and to the extent that you continue to allow for a bargaining and for this
kind of trading horses to take place, you will continue to erode the stability, the predictability,
and the confidence, ultimately, of this City to make land use decision on a consistent basis and
not on as -negotiated basis. The only party missing, the only party that's not being
congratulated, Commissioner Spence -Jones, in this whole process, is your staff. Your
professional staff, your director of Planning, made a decision that was professionally, according
to what's in the books, on all fours, square. Is it an admission against our own interest that our
system is broken and that's why we need to go to a Miami 21 because our department director's
opinion doesn't hold water and that the Zoning Board decisions upholding her decision doesn't
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hold water, and so we continue to encourage neighborhood associations and developer to
negotiate with each other? Of course it is, and that's why we're moving to Miami 21 with due
haste, but I just wanted to, you know, strike that note so that you understand that moving into
Miami 21 will eliminate the negotiations that we have just celebrated. Is it legitimate? Can you
do it? Yes. Is it good government, according to my 25 years of experience? I don't think so.
Chairman Gonzalez: Business 101.
Commissioner Sanchez: Yeah.
Vice Chairman Winton: OK, now what --? Have we made a motion?
Commissioner Sanchez: No, but --
Vice Chairman Winton: Oh, sorry. My apologies.
Chairman Gonzalez: Commissioner Sanchez, you're recognized --
Commissioner Sanchez: Oh, gosh.
Chairman Gonzalez: -- sir.
Commissioner Sanchez: Mr. City Attorney, after that eloquent -- you know, walking us through
the process, I agree with what you're saying, OK. I agree with you. I don't want to deny
anybody their due process. I think, at the end of the day, we're the policy makers. Whether they
negotiate or they don't negotiate, that's perfectly fine. Now on what is being discussed here, the
main core, one is that we could either deny the appeal or they could withdraw the appeal, and 1
value your opinion. I'm not an attorney. You're protecting the City's interest. We protect the
City's interest. In the entire process here, what we want to do is, you know, we want to be able to
compromise and come to an agreement, which 1 think we've done here today. How we handle
this may open up the doors for future litigation pertaining to the practices of the City.
Vice Chairman Winton: No.
Commissioner Sanchez: That's what I think. That's my opinion. I think that's what he's saying
with the cautions that he's giving us, so to get to the bottom line here, what is your
recommendation, that they withdraw the appeal?
Mr. Fernandez: No. My recommendation is that, to the extent that the turkey has been cooked
and it's being given to you --
Commissioner Sanchez: Well, 1 didn't --
Mr. Fernandez: -- to feast upon --
Commissioner Sanchez: -- cook the turkey.
Mr. Fernandez: No. It's perfectly --
Vice Chairman Winton: Take a bite.
Mr. Fernandez: -- fine for you to deny the appeal because, at the end of the day, you achieve the
same results, as long as this Commission understands that the conditions that are being imposed
on the decision of the Planning director are according to their own -- and Lourdes should state
on the record that they have reviewed these and that the Planning director is fine with these
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conditions, and then proceed to grant and actually give them the Class II Special Permit, so it is
fine. Your -- it would be in order right now for you to consider a motion to deny the appeal.
Vice Chairman Winton: So move.
Commissioner Spence -Jones: Second
Chairman Gonzalez: All right. We have a motion and we have a second.
Vice Chairman Winton: Now --
Ms. Kuhns: But --
Vice Chairman Winton: -- what are we --?
Ms. Kuhns: -- I just want to make sure when we do this that -- I mean --
Vice Chairman Winton: It's with the --
Ms. Kuhns: -- at some point, the Class II needs to be approved with these conditions
incorporated into it.
Commissioner Sanchez: But we should vote on it sepearately.
Ms. Kuhns: Oh.
Commissioner Sanchez: Let's deny the appeal --
Ms. Kuhns: OK, OK.
Chairman Gonzalez: We have --
Commissioner Sanchez: -- and then we'll come back and make a motion --
Ms. Kuhns: Yes, sir.
Commissioner Sanchez: -- to approve the special -- Class II Special Permit with conditions.
Ms. Kuhns: Yes, sir. Thank you.
Commissioner Spence -Jones: Lourdes, is that the way you --?
Vice Chairman Winton: Wait, wait, wait, wait.
Commissioner Spence -Jones: Lourdes.
Vice Chairman Winton: Yeah, I'm not sure that's the --
Ms. Slazyk: No. You got to -- yeah -- no.
Ms. Pardo: I don't think that works.
Commissioner Spence -Jones: 1 just want to make sure.
Vice Chairman Winton: I don't think --
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Ms. Slazyk: You have to do it all in one motion. What you're doing is you're denying the appeal
Vice Chairman Winton: Right.
Ms. Slazyk: -- upholding the decision of the Zoning Board with modifications. The
modifications are these conditions to be added.
Vice Chairman Winton: And that's my motion.
Ms. Slazyk: That's it.
Commissioner Sanchez: All right. Could we read the conditions into the record?
Ms. Slazyk: OK. The conditions -- there are six of them, and they're lengthy, but what -- in
effect, what they do, the first one recalls [sic] for a redesign to bring the height down to 120 feet
to the top of the roof The second one increases the retail to at least 10,000 square feet. The
third one talks about the articulation of the facades; fourth one goes to the artistic treatment.
The fifth one has to do with including the glass facades and rounded corners and the existing
high level -- high quality of material and elements, and the last one has to do with parking.
What the Planning Department is recommending that you accept -- that these six conditions are
appropriate. All 1 would do is add to the end of this, "subject to the final design review and
approval by the Planning director." Because these are design -related conditions, the developer
now has to bring a new set of architectural drawings to us, and the Planning Department will
make sure that each one of these six things is addressed and contained in those plans at the level
specified --
Vice Chairman Winton: Perfect.
Ms. Slazyk: -- in the conditions --
Vice Chairman Winton: There's my motion.
Ms. Slazyk: -- so 1 would just --
Vice Chairman Winton: That's my motion.
Ms. Slazyk: -- add "subject to Planning director review and approval."
Chairman Gonzalez: All right --
Vice Chairman Winton: So move.
Chairman Gonzalez: -- so we are entertaining a motion to deny the appeal --
Vice Chairman Winton.: With --
Chairman Gonzalez: -- correct?
Vice Chairman Winton: Yes.
Ms. Slazyk: Grant the --
Chairman Gonzalez: With --
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Ms. Kuhns: And grant --
Chairman Gonzalez: -- the conditions?
Vice Chairman Winton: Granting the Class II Permit with the -- with Exhibit B as the --
Ms. Slazyk: Correct, and subject to final design review and approval by the Planning director.
Vice Chairman Winton: By the Planning Department.
Chairman Gonzalez: And (UNINTELLIGIBLE) final design review.
Commissioner Sanchez: Mr. City Attorney, are you OK with that?
Mr. Fernandez: Yes, I certainly am.
Commissioner Sanchez: You know, I don't want you to be the skunk at the family picnic here,
OK?
Mr. Fernandez: No, no, no, no. I just need to say a few things, and then we move forward.
That's all.
Commissioner Sanchez: All right, all right.
Chairman Gonzalez: All right, so we have the motion and we have a second. All in favor, say
"aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right.
Ms. Slazyk: And for the City Clerk, this is modified
Ms. Kuhns: Thank you.
Commissioner Sanchez: Congratulations.
Ms. Kuhns: Thank you very much.
Commissioner Spence -Jones: Yes.
Commissioner Sanchez: I love it when you're able --
Ms. Kuhns: Thank you very much.
Commissioner Sanchez: -- to sit down, respect each other, compromise, and work out a solution.
Ms. Kuhns: Thank you.
Chairman Gonzalez: All right.
Ms. Kuhns: Thank you.
Mr. Fernandez: Thank you.
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Chairman Gonzalez: Mr. City Attorney, are you satisfied? Was that the correct way to approve
--?
Mr. Fernandez: Yes, for that item --
Vice Chairman Winton: It's too late.
Mr. Fernandez: -- it's correct.
Vice Chairman Winton: We've already voted.
Chairman Gonzalez: Very good.
Mr. Fernandez: Wait until we get into some of the other ones.
Vice Chairman Winton: Yeah.
Chairman Gonzalez: All right.
Ms. Pardo: You did.
Commissioner Sanchez: You'll walk --
Ms. Pardo: It's in there.
Commissioner Sanchez: -- us through it.
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NA.1 06-00920 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE
CODESIGNATION BY THE FLORIDA LEGISLATURE OF LEJEUNE ROAD
FROM FLAGLER STREET TO SOUTHWEST 8TH STREET, MIAMI, FLORIDA,
AS "RAFAEL L. DIAZ-BALART ROAD;" DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS
DESIGNATED HEREIN.
Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones
R-06-0324
Chairman Gonzalez: OK. Commissioner Regalado, you don't have any -- you have any items?
Commissioner Regalado: Yes, I do, Mr. Chairman, and this came up in the last minute of the
legislature -- the session of the state legislature. They co -- they made a codesignation of Le
Jeune Road from Flagler to Southwest 8th Street, provided that the County and the City will
support this legislation in behalf of Rafael L. Diaz-Balart Road. As you know, Diaz-Balart died
several weeks ago here in the City of Miami, and the state legislature requested that the County
and the City will support this codesignation, being that the County maintains Le Jeune and the
City also has a huge part of Le Jeune Road, so my -- sorry?
Vice Chairman Winton: Your motion.
Commissioner Regalado: Yes. My motion is to support the codesignation by the Florida
legislature of Le Jeune Road from Flagler to Southwest 8th Street as Rafael Diaz-Balart Road.
Commissioner Sanchez: Second.
Vice Chairman Winton: Second
Chairman Gonzalez: All right. We have a motion and we have a second. All in --
Vice Chairman Winton: Third
Chairman Gonzalez: -- favor, say "aye."
The Commission (Collectively): Aye.
Chairman Gonzalez: Those opposed have the same right. Commissioner Spence -Jones, do you
have any --
Commissioner Spence -Jones: Nope, sir.
Chairman Gonzalez: -- items? No?
Commissioner Spence -Jones: Um -um.
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