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HomeMy WebLinkAboutCC 2006-12-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, December 14, 2006 10:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes December 14, 2006 Present: Chairman Gonzalez, Commissioner Sarnoff, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones PLANNING AND ZONING ITEMS Commissioner Spence -Jones: So we're not going to deal with FR (First Reading) until we get back? What are we doing? Chairman Gonzalez: We're coming back at 3 o'clock. Jorge L. Fernandez (City Attorney): Mr. Chairman, the -- we have been asked -- or you're being asked by your staff that on the P&Z (Planning & Zoning) agenda, there are some people waiting, but that the items are -- have been mutually agreed to to be deferred, and you need to make that announcement. Those are PZ.13, 14, and 15, for this afternoon. The applicants for these items, as well as staffs recommendation, is that you, in fact, agreed to defer to the January meeting PZ.13 and 14, and to the February P&Z meeting, PZ.15. Chairman Gonzalez: All right, so those items are being deferred then, right? Mr. Fernandez: To those dates, correct? Chairman Gonzalez: Correct. Mr. Fernandez: And Madam Clerk, did you get that? Priscilla A. Thompson (City Clerk): Yes, sir. Mr. Fernandez: Would you require a vote on that? Ms. Thompson: We normally do. Mr. Fernandez: Yeah. Mr. Chairman, would you call a vote on that, actually, deferring those to those dates? Chairman Gonzalez: All right. We need a motion -- Vice Chairman Sanchez: So move. Chairman Gonzalez: -- to defer -- Vice Chairman Sanchez: So move. Chairman Gonzalez: -- Planning and Zoning item 13 and 14 to the meeting of January, and 15 Mr. Fernandez: The meeting in February. Chairman Gonzalez: -- the meeting in February. We have a motion. Do I hear a second? Commissioner Regalado: Second. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 2 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Chairman Gonzalez: Just defer them. At 3 o'clock. Mr. Fernandez: Thank you, Mr. Chairman. [Later..] Jorge L. Fernandez (City Attorney): And then, furthermore, for the record, for the Clerk's benefit and for the public, PZ.13, 14, and 15 have been deferred; 13 and 14, to the P&Z (Planning & Zoning) meeting of January; PZ.15, to the P&Z meeting of February. P&Z items shall proceed as follows. Before PZ agenda is heard, all those wishing to speak will be sworn in by the City Clerk momentarily. Staff will then present briefly their request, whether it's an appeal, special exception, vacation, text amendment, zoning change, land use change, or a MUSP (Major Use Special Permit), and make its recommendation. Thereafter, the appellant or petitioner will present their position or their request, and the Chair would do well to ascertain or to establish a time certain for the appellant or petitioner to make their case. Immediately after that happens, then the staff if applicable, will present its position if -- particularly, if it's an appeal of a decision that's been made by them. Members of the public will be permitted to speak on certain petitions, and the Chair would do well to establish a time limit at the onset of the meeting for the public's input. Anyone may -- questions may be asked of the applicant or appellant or the City by anyone, as long as all of these questions are directed through the Chair. At the conclusion of all questions and all presentations, the petitioner or the appellant will be afforded the opportunity to make final comments. Then the City Commission takes the item back to itself and then you deliberate on it and act accordingly to your decision, what you want to do with it. Those are, in essence, the rules that you need to observe today. Vice Chairman Sanchez: All right. The rules have been stated for the record, and those will be the rules that would be followed. Madam Clerk, could you swear everyone in that will be testifying on any of the PZ items in front of this legislative body? Priscilla A. Thompson (City Clerk): If you are going to be testifying on any PZ items, can you please stand and raise your right hand so we can swear you in? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. PZ.1 06-00846x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES OF "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, TO ALLOW THE CONSTRUCTION OF NURSING HOMES IN "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL DISTRICTS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10, 20 & 34 NORTHWEST 32ND COURT AND 47 NORTHWEST 32ND PLACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. LOCATION: Approximately 10, 20 & 34 NW 32nd Court and 47 NW 32nd City ofMiami Page 3 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Place [Commissioner Tomas Regalado - District 4] APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of Floridean Realty, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on November 13, 2006 by a vote of 6-0. PURPOSE: This will allow the construction of a nursing home in the R-3 zoning district. NOTE: This item was heard as a regular Special Exception, but after Zoning Board action on November 13, 2006, it was determined that the item requires City Commission approval. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0734 Vice Chairman Sanchez: OK. Sir, you're recognized, first item of the day. Roberto Lavernia (Chief of Land Development, Planning Department): Item number 1 -- for the record, Roberto Lavernia, with the Planning Department. Good afternoon, Commissioners. PZ.1 is a petition for a special exception (UNINTELLIGIBLE) request for the construction of nursing home. It's the expansion of an existing nursing home. This item was in front of you last month for a land use and zoning change. The recommendation of the Planning Department is for approval in this case. Vice Chairman Sanchez: All right. Sir, you're recognized. Before we do that, let me go ahead and open up a public hearing. Is there anyone from the public wishing to speak on this item? Please step forward and be recognized. All right. Tucker Gibbs: Mr. Chairman, I'm going to be short and brief. I rep -- this is Tucker Gibbs. I represent the Floridean Nursing Home, the owner of the property. We agree with the City staff recommendation. We urge you to support our application for the expansion of the nursing home. If you have any questions, I'm available to answer them. Vice Chairman Sanchez: All right. Coming back to the Commission -- anyone else from the public who wants to speak on the item? If not, the public hearing is closed; coming back to the Commission. Anyone in the Commission that wants to address the item? Could we first have a motion to either approve or deny -- Commissioner Regalado: I move to -- Vice Chairman Sanchez: -- for the purpose of discussion? Commissioner Regalado: -- approve. This is in -- Vice Chairman Sanchez: All right. There's a -- City ofMiami Page 4 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Regalado: -- District 4. Vice Chairman Sanchez: -- motion by Commissioner Regalado -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- second by Commissioner Spence -Jones. The item is under discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: No. I'm just saying that this nursing home is an example of how nursing homes and adult living facilities should be managed, and we are very proud to have, as a neighbor in District 4, the Floridean, and hopefully, many people will be able to use the facilities and the residents, by the way, are very happy with this decision, so that's all I have to say. Vice Chairman Sanchez: All right. It's a resolution, and it has a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we move to -- Mr. Gibbs: Mr. Chair -- Vice Chairman Sanchez: -- PZ.2. Mr. Gibbs: -- before you do, can I ask Mrs. Schild to come up and just say "thank you." She wanted to say "thank you" to you all, the owner of the Floridean -- Vice Chairman Sanchez: Absolutely. Mr. Gibbs: -- Nursing Home. Kelley Rice Schild: Vice Chairman, Commissioner Regalado, for your kind words. I'm the owner/operator, fourth generation, of the nursing home. We've been there 62 years, and I just want to say thank you very much, and I look forward to an exciting project. Vice Chairman Sanchez: Happy holidays to you. Ms. Rice Schild: Thank you. Mr. Gibbs: Thank you all. PZ.2 06-01242zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 24, 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 WITH AN "SD-10" MEDICAL HEALTH CARE, HOSPITAL AND RESEARCH PARK OVERLAY DISTRICT TO "G/I" GOVERNMENT AND INSTITUTIONAL WITH AN "SD-10" City ofMiami Page 5 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 MEDICAL HEALTH CARE, HOSPITAL AND RESEARCH PARK OVERLAY DISTRICT AND "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 3.2, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1050 NORTHWEST 14TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1050 NW 14th Street [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Miami Hotel Investments, Ltd. FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on September 11, 2006 by a vote of 5-0. PURPOSE: This will change the above property to G/I Government and Institutional with an SD-10 Medical Health Care, Hospital and Research Park Overlay District and SD-19 Designated F.A.R. Overlay District, F.A.R. of 3.2, for the proposed Civica Towers Major Use Special Permit. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12867 Vice Chairman Sanchez: All right. PZ.2, it's an ordinance on second reading. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.2 is a request for a zoning change. It's a companion item to PZ.3, which is the Major Use for the Civica Towers Major Use Special Permit. It's a change of zoning. Vice Chairman Sanchez: All right. Is there anyone in opposition to this item? OK. This is on second reading? Lucia Dougherty: Yes, sir, Mr. Vice Mayor [sic], members of the -- Mr. Lavernia: Do you want me to present the Major Use, which is a companion item, and you can act on both? Vice Chairman Sanchez: Yeah. Let's go ahead and do both, and that way, while they're -- Mr. Lavernia: OK. Vice Chairman Sanchez: -- setting up -- Mr. Lavernia: PZ.3 is -- Vice Chairman Sanchez: -- for the sake of time. City ofMiami Page 6 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Mr. Lavernia: -- the Civica Tower [sic] Major Use Special Permit. The Planning Department is recommending approval with conditions, the regular conditions. I'm just going to put on the records condition number 11, related to design. I'm going to read for the records. Pursuant to design -related comments received by the Planning director, the applicant shall meet the following conditions: (a) Provide a more random pattern of stucco panels along the south elevation, in keeping with the design spirit of the building; (b) Garage lights shall not be visible through the metal louver treatment; (c) Commercial messages shall not be used in the art image along the parking podium; (d) Provide additional details of the paver materials and colors to be used in the public plazas and vehicular drop-offs. Thank you. Vice Chairman Sanchez: OK. Ms. Dougherty: Good afternoon, Mr. -- Vice Chairman Sanchez: Madam Applicant -- Ms. Dougherty: -- Vice -- Vice Chairman Sanchez: -- you're recognized, for the record. You may proceed. Ms. Dougherty: Mr. Vice Chair, members of the Board -- Commission, Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant, and with me is Judah Burstyn, who is a principal, as well as Jordan Najjar and Sam Burstyn, as well as my colleague, Javier Avino. This is a project which is the Days Inn site, just adjacent to I-395. It is currently a hotel, and it's going to, again, be a 430-room hotel, 659,000 square feet of office, and 14,000 square feet of retail on the ground floor. It is something that is -- it is a facility that is desperately needed in the Civic Center area because there's no really nice place to stay if you're going to visit a loved one in the hospital, so we have staff support, and we do agree with all of their conditions. Vice Chairman Sanchez: All right. Chairman Gonzalez: Mr. Chairman, I'm ready to -- or Vice Chairman, I'm ready to -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- move the item. Vice Chairman Sanchez: The public hearing was closed. I just want to make sure there -- if there's anyone out there, I don't want to deny anybody the due process of appearing in front of this Commission. The public hearing is closed. There has been a presentation made by the applicant, so it comes back to the Commission, and the Chair has made a motion to approve this item. Is there a second? Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Second by Commissioner Spence -Jones. It is an ordinance on second reading. Any discussion from the Commissioners? Commissioner Spence -Jones: I just have a quick, quick question. Do we know the chain that's going there now, the hotel chain, or it hasn't been decided yet? Ms. Dougherty: Hasn't been decided. City ofMiami Page 7 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: OK. Vice Chairman Sanchez: All right. Madam Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the Assistant City Attorney Maria J. Chiaro. Vice Chairman Sanchez: Madam Clerk, roll call for the record. 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.3 06-01242mu 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 CIVICA TOWERS PROJECT, TO BE LOCATED AT APPROXIMATELY 1050 NORTHWEST 14TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 280-FOOT, 25-STORY HIGH MIXED -USE DEVELOPMENT TO BE COMPRISED OF APPROXIMATELY 390,827 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 14,655 SQUARE FEET OF RETAIL SPACE; APPROXIMATELY 430 HOTEL ROOMS; AND APPROXIMATELY 837 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. LOCATION: Approximately 1050 NW 14th Street [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Miami Hotel Investments, Ltd. FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on October 18, 2006 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Civica Towers project. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 8 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-06-0735 Vice Chairman Sanchez: PZ.3 is a resolution. It's a companion item to PZ.2. The presentation has been made both by the Administration and by the appellant. Is there a motion? Chairman Gonzalez: I'm ready to move it. Vice Chairman Sanchez: There's a motion -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- by the Chair, for the record, second by Commissioner Spence -Jones. The item is under discussion. Hearing no discussion from the Commission, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we move on. Lucia Dougherty: Thanks very much. Commissioner Spence -Jones: Lucia, can I just ask you -- the developer, is he here or she here? Ms. Dougherty: I don't see him here actually. Commissioner Spence -Jones: OK. If we can, I just want to connect with you when the hotel portion of it comes -- Ms. Dougherty: Sure. Commissioner Spence -Jones: -- because there's a lot of jobs that's going to come from that hotel, and it's very close to, you know, the Allapattah area and very close to the Overtown area. I would love to see some of the folks that, you know, are living in the surrounding area have the opportunity to work in those jobs from a entry-level position. Ms. Dougherty: I am sure he's on his way, and I'll -- Commissioner Spence -Jones: All right. Ms. Dougherty: -- send him back to visit with you. Commissioner Spence -Jones: All right. Thank you. Ms. Dougherty: Thanks. PZ.4 06-01055Iu 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 LOCATED AT APPROXIMATELY 1770 & 1778 NORTH City ofMiami Page 9 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 BAYSHORE DRIVE, 1799 NORTHEAST 4TH AVENUE AND 430 NORTHEAST 18TH STREET, MIAMI, FLORIDA, FROM "HIGH 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. LOCATION: Approximately 1770 & 1778 N Bayshore Drive, 1799 NE 4th Avenue and 430 NE 18th Street [Commissioner Marc Sarnoff - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of On the Park Properties, LLC and On the Park Properties II, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 20, 2006 by a vote of 6-0. See companion File ID 06-01055zc. PURPOSE: This will change the above properties to Restricted Commercial for the proposed On The Park Properties Major Use Special Permit. Motion by Commissioner Sarnoff, seconded by Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12868 Vice Chairman Sanchez: All right. PZ.4, it's an ordinance on second reading. Is everyone ready? We'll give you an opportunity to set up. Why don't we have the Administration present. Roberto Lavernia (Chief of Land Development, Planning Department): Items 4, 5, and 6 are companion items; 4 is the -- Vice Chairman Sanchez: All right. Well take -- Mr. Lavernia: -- land use. Vice Chairman Sanchez: -- them all together. Mr. Lavernia: Item num -- Vice Chairman Sanchez: All right. Mr. Lavernia: -- number 4 is the land use change from high -density multifamily residential to restricted commercial. The Planning recommendation in this case is for approval. Number 5 is the zoning change from R-4 high -density multifamily residential to SD-6 for the On the Park Major Use Special Permit project. The recommendation of the Planning Department is for approval. Item number 6 is the Major Use for On the Park Major Use Special Permit. The recommendation is approval with conditions, and I'm going to read condition number 11 for the record, which is related to design. Pursuant to design -related comments received by the Planning director, the applicant shall meet the following condition: (a) Eliminate the proposed vehicular drop-off and minimize the resulting interruption in the building frontage; (b) The terraced 21 feet of stairs to access the building lobby off of 18th Street shall be brought City ofMiami Page 10 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 forward to meet the sidewalk in order to increase pedestrian connection with the building lobby; (c) Provide terraced step at the corner of North Bayshore Drive and Northeast 18th Street, like those at the southern side of the Bayshore Drive frontage, in order to provide greater pedestrian access to the retail spaces; (d) The provided excess parking shall be reduced to the minimum required amount; (e) Provide clear detail of what type of materials are being proposed for all four elevations of the building, including windows, balconies, and garage screening material; and (f) A final landscape plan shall be submitted for review and approval of the Planning director prior to the issuance of a building permit. Thank you. Vice Chairman Sanchez: All right. Madam Applicant, you're recognized, for the record. Vicky Garcia -Toledo: Thank you. Good afternoon, Commissioners. Vicky Garcia -Toledo, for the record, on behalf of On the Park Properties. I'm joined by the developer and owner, Mr. Javier Cervera, as well as several members of the development team who will be addressing you this afternoon. We are appearing before you today on the second reading of the land use and zoning applications, and the reading for the resolution of the approval of the MUSP (Major Use Special Permit). As you have heard your staff share with you, this is a project that's coming to you with full approvals, not only from your staff but also from the Zoning Board and the Planning Advisory Board. I would like to mention to you that we successfully argued against the conditions that your staff was suggesting at the Planning Advisory Board, and in fact, the Planning Advisory Board is recommending to you approval with -- without those conditions, and the architect will address each one of those conditions individually, but let me tell you a little bit more about what the applications are for. This is in the area of the Omni. It's directly across from Margaret Pace Park. It is the fan -shape two lots in front of Margaret Pace Park at 18 Street right at the corner. This is the last piece of the puzzle, if you will. Every other parcel on -- similarly situated has been changed from an R-4 to an SD-6, which is what we are requesting today. It has also had a change of density from high -density residential to the restricted commercial, and the reason for that change is not a change of density. The properties in this area already are within the Omni quadrant, which has 500 units per acre, and it's identified in all of your planning documents as the high-rise, high -density area, by your Comprehensive Plan. The reason for the change is to allow the mixed -use, so that we can have activated pedestrian activities, and you will see, once the architect has an opportunity to walk you through the project, that we have allocated space for such use along Bayshore Drive, fronting Margaret Pace Park. The requests that we're making are consistent with all of our neighbors. We are surrounded by similar situated projects of the same type and style, consistent with your Comprehensive Plan. It is consistent with your policy -- Land Use Policy 1.3.1, which calls for commercial redevelopment of this area, which is known as the Omni Redevelopment District. It encourages the urban development in a identified urban infill area, so again, it's consistent with many of your other land use policies, such as 1.3.6, 3.1.1, and others. As for the zoning application, the entire block is already zoned SD-6. This is the only lots remaining R-4. The proposed change is related to the adjacent and nearby district. The change suggested is not out of scale with the needs of the neighborhood or the City. The proposed changes maintains the same or the similar population density patterns, and thereby, does not increase or overtax the load on the public facilities, and it -- the change condi -- does -- or changing conditions make the passage of this proposed request appropriate and necessary. What I would like to do is have the architect come forward, introduce the project to you, and then I will come back and answer any questions you may have. Vice Chairman Sanchez: All right. While you do that, is there anyone in opposition to this item? Please step forward and be recognized. Well, there is no one standing up, so therefore, the public hearing on that side has been closed, and you may continue with -- now, if someone comes in -- Ms. Garcia -Toledo: All right. Well, would you like to give them a quick review of the project? City ofMiami Page 11 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Because I don't think -- Vice Chairman Sanchez: Yes. No. I -- Ms. Garcia -Toledo: -- Commissioner Sarnoff was here. Vice Chairman Sanchez: It's on second reading, and I think it's paramount that the district Commissioner is given a -- Ms. Garcia -Toledo: Exactly. Vice Chairman Sanchez: -- complete report. Anne Cotter: Good afternoon. Anne Cotter, vice president of Arquitectonica, 801 Brickell. As Vicky mentioned, this is the last project of this park area, and we're very pleased with the project. The general configuration is that it's on the south side of the landscaped road. The center draw -- the center easel here has the ground floor plan. You can see that's the retail that -- so here we have North Bayshore Drive. The retail is fronting North Bayshore Drive, and so it's working with the whole pedestrian activity that is part of the development of all the projects along this park, utilizing and animating the park that's across the street. The drop-off is along the streets, and well -- and it is consistent with all the other drop-offs that are in the proposed and approved projects that are in the rest of the area. The parking access and the service access is to the west side, and brings you directly up into the parking garage that is kept to the back of the building, so there's an active use on all the street sides. The tower itself as you can see, starts pretty -- at the ground floor, and the units extend up right along the street, along the whole height of the tower, fully screening the parking. Vice Chairman Sanchez: How many parking spaces? Ms. Cotter: There are a total -- well, the ratio is 1.3, and there's a total of 859 parking spaces proposed. Ms. Garcia -Toledo: Commissioner, this goes to one of the conditions that we had received from staff. The actual -- the required parking on this project is -- by law, is 648 parking spaces. The developer had included an additional 200 spaces -- Vice Chairman Sanchez: All right. Ms. Garcia -Toledo: -- which staff was putting as a condition that we remove. We don't feel that this is an area where we should remove that parking. On the contrary, we'd like to give additional parking, if it would be acceptable to the Commission, so ideally, we would like you to remove the conditions of staff because we do need that drop-off. As you can see, this is an area where we front 18th Street; 18th Street has a median. If any -- if we don't have a drop-off and anyone stops on the street to drop someone off we're basically blocking traffic. Not only that, but the -- our six neighbors on these two city blocks, Opera Tower, Bay Park Plaza, Hotel de l'Opera, Quantum, 1800 Club, and Portico, all have been approved with drop-offs, and in this particular location of our project, that drop-off becomes even more important, so we would like you to approve this MUSP not only with the additional 200 spaces that we had offered as part of the MUSP, but we are prepared to offer another two floors of parking, if it would be acceptable to the Commission. Ms. Cotter: And -- well, I have the drawings. I wanted to give you an overview and then address the conditions specifically, so the tower then extends up, both the podium, as a slim profile. The first conditions regarding the drop-off -- and as Vicky noted, all the other project City ofMiami Page 12 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 that have been approved have similar type of drop-off, and the whole idea is to really minimize congestion along the streets, so -- people stop; they take time to get out of the cars. They've got shopping and whatnot. You want to get that activity and that waiting time off the street. The second condition has to do with the retail. The site is zoned by FEMA (Federal Emergency Management Agency) as VE. There are basically no uses you could have in a VE zone, so the - - you have to go up to an elevation above the VE. Now in order to address that reality, what we've done is introduced these grand stairs, very -- in a traditional urban sense, you've got the grand stairs at the Metropolitan Museum in New York, Italy. You know, there's always been this sense of really people hanging out place that will complement the park that's across the street, and then the third condition is the parking, which is -- Vicky mentioned we are providing more than the required parking of one per unit. I'd also like to point out that the units are 50 percent studios and one -bedrooms and 50 percent two -bedrooms, so these are not large units, and in that sense, we think that the 1.3 is comparable to what the market would actually use, as opposed to a ratio that's imposed by the City or whatnot. Ms. Garcia -Toledo: But we are prepared to go up to about 1.56 with the two additional levels parking. Commissioner Sarnoff Yeah. Just so the Commission understands, I've asked them, in order to pass the SD-6, which essentially means you get one parking space per unit, regardless of whether it's a two -bedroom or a one -bedroom, they have agreed to extend 190 more parking spaces. My concern is really for Margaret Pace Park, and that would be that, if this were a successful building -- and I do hope you will be one -- that you just wouldn't have an ample parking for your guests, relatives, anybody staying there, and if you do the computations correctly, I figure there'll be two cars per family. I think you're going to need those extra 190 - - I think it comes to 190 spaces above the 859 -- Ms. Garcia -Toledo: Fifty-nine, correct. Commissioner Sarnoff -- so I think your total spaces, based on your communication to our office -- and if anybody's got a calculator -- Ms. Garcia -Toledo: I'm sorry. Yes. We've got to get the numbers right so the resolution, you know, correctly marks it. Commissioner Sarnoff Correct. Ms. Garcia -Toledo: We have 859 that are offered as part of the MUSP. That includes the 200 surplus that we had originally offered. We are now doing two additional floors with 92 spaces each, so that's an additional 184 spaces. Ms. Cotter: I'd also like to point out that the originally proposed 859 spaces includes 10 for retail, as per Code, so we were addressing the aspect that there will be people -- all the uses of the project. Commissioner Sarnoff Right. I just want my colleagues to understand to go to an SD-6, you lower the number of required parking spaces from one per bedroom to one per unit, and you go from 300 parking spaces per retail -- square foot per retail space to 1 to 1,000. You know, I call that social engineering that may not work in Miami, and I just wanted to make sure that they were prepared to have ample parking spaces for this project, and I think they have now. Ms. Garcia -Toledo: I also would like to add, just to make it clear on the record, that we have been working with staff in working out what would be appropriate parking for this building, not with Commissioner Sarnoff. City ofMiami Page 13 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: All right. You may proceed with your presentation. Are you done? Chairman Gonzalez: They're done, I think. Ms. Cotter: Yeah. That was it. Vice Chairman Sanchez: OK. Ms. Cotter: Unless you have -- I -- Vice Chairman Sanchez: Anyone else that'll be -- Ms. Garcia -Toledo: Any questions you may have -- Ms. Cotter: -- will address any questions. Vice Chairman Sanchez: Well -- Ms. Garcia -Toledo: -- we'd be happy to -- otherwise, we will stop at this point. Vice Chairman Sanchez: -- we -- we'll open it up for discussion on the Commission. Just want to make sure that you're done, and no one from the public wants to address this item, one more time. Fred Joseph: Commissioner, Fred Joseph, 1717 North Bayshore Drive, president of the Omni Advisory Board. As you Commissioners well know me, Margaret Pace Park was an item that we had strived to get done. After nine years working on it, you helped break ground on it. A couple of new Commissioners are now here. I'm glad to see you've addressed Margaret Pace Park. We're glad to see, on the first reading, you did pass this and required the other parking spaces. We're happy. We're much in favor of conformity with this SD-6, and we will be highly supporting it. Also, happen to be a resident of The Grand, and glad to see the coming off -- I'm secretary on the board -- glad to see they're putting the rampway [sic] to facilitate, and this is another very well done job by you and by staff seeing that that area gets uniformity and gets into the 21 st century because, as Commissioner Regalado and Commissioner Sanchez was there when we had to get the crackhouses out of there, so thank you again for bringing a very good project to our neighborhood. Vice Chairman Sanchez: Thank you. All right. At this time, the public hearing is closed, and the item comes to the Commission. It is PZ.4, 5, and 6. All right, Commissioner Sarnoff. Commissioner Sarnoff Yeah. Ms. Toledo, you would have 1,043 parking spaces? Don't be nervous. Ms. Cotter: Just doing the math. Commissioner Sarnoff It's your checkbook, not mine. Ms. Cotter: It's -- yes. The total would be 1,043. Commissioner Sarnoff OK. With that understanding, then I would -- I certainly would endorse the cooperation from -- Ms. Cotter: 1,033. City ofMiami Page 14 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Sarnoff -- staff and -- Ms. Cotter: 1,033. Ms. Garcia -Toledo: 1,033. Commissioner Sarnoff Did I miss that? Vice Chairman Sanchez: Those are the numbers? Commissioner Sarnoff 859 plus 184, correct? Vice Chairman Sanchez: I got different numbers. Unidentified Speaker: Plus two more floors. Vice Chairman Sanchez: Plus two more floors. Commissioner Sarnoff Right. That's what I'm trying -- Vice Chairman Sanchez: OK. Commissioner Sarnoff -- to add. Is one -- Ms. Cotter: No, you're right; 43. Ms. Garcia -Toledo: 143. Ms. Cotter: 143. Ms. Garcia -Toledo: You're right. Vice Chairman Sanchez: All right, and is there anything else you want to add, Commissioner Sarnoff? Commissioner Sarnoff No. I -- and I want to commend them for working with our office. We were new to them, and I realize, coming in at the last minute, we may have different philosophies. I just want to make sure that when we build these buildings, we have ample parking in the climate that we're in now, so I commend them. Vice Chairman Sanchez: OK. On the issue of the vehicular drop-off. Ms. Garcia -Toledo: The conditions. We would need you to approve the MUSP, which will be the last item you will be voting on -- Vice Chairman Sanchez: Right. Ms. Garcia -Toledo: -- because you have to take three votes, I believe. Vice Chairman Sanchez: All right, and that's the one that allows you for the vehicular drop-off, right? Ms. Garcia -Toledo: Yes. That's the -- City ofMiami Page 15 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: Because right now, all the other ones have, and this not having would be out of character. I mean, wouldn't it be --? Ms. Garcia -Toledo: Oh, it would be totally inappropriate to have this be the only project that is approved without a drop-off especially on a street that has a median -- Vice Chairman Sanchez: All right. Ms. Garcia -Toledo: -- so you can't even drive -- Vice Chairman Sanchez: OK -- Ms. Garcia -Toledo: -- around. Vice Chairman Sanchez: -- but we'll deal with that one on PZ -- Ms. Garcia -Toledo: Right, on -- Vice Chairman Sanchez: -- 5 or 6? Unidentified Speaker: 6. Ms. Garcia -Toledo: 6. Vice Chairman Sanchez: 6. All right. Let's go ahead. All right. Any further discussion on PZ.4, which is an ordinance on second reading? Commissioner Regalado: I just have a question, which is something that I'm curious about it. I just want to understand why the staff recommended less parking, especially in that area, so anything -- every time we open like a newspaper, problem with the PAC (Performing Arts Center) is parking. They don't have parking. They don't -- you know, the issue in that whole area is park -- I don't -- I just want to understand if the problem in the City of Miami and especially in downtown Omni is parking, why is less parking being recommended? I don't understand that one. Mr. Lavernia: Part of the DRI (Development of Regional Impact), we want to incentivize the fact that the use of the public transportation, which is the Metrorail, Metromover, et cetera, so as an incentive, as part of the DRI, it was approved that the reduction of the parking in that area and to provide only one parking for each unit. That has been approved a long time ago as part of the DRI. Vice Chairman Sanchez: All right. Commissioner Regalado: And you think -- you really think that the people, because only one -- has one space, they will just take the Metromover, and the Metrorail, and -- that's a culture thing. I mean, it's -- I mean, it looks good on paper, but it's just like saying to some of my residents in West Little Havana, listen, we're going to allow two illegal units, but you can only have one car. You know, it's -- because you have to use the bus on 27th Avenue. It's not going to happen. I'm just saying that I understand the vision 50 years from now, but first we have to educate the people not to use the car as much as they do, and that -- it ain't going to happen in the next 10 to 15 years. Vice Chairman Sanchez: All right. No further discussion on the item. There's a motion and a City ofMiami Page 16 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 second. Priscilla A. Thompson (City Clerk): No, not yet. Vice Chairman Sanchez: Commissioner Sarnoff made the motion -- Ms. Thompson: OK. Vice Chairman Sanchez: -- and Commissioner -- Commissioner Sarnoff I -- so move. Vice Chairman Sanchez: -- Regalado second it, right? No? You didn't make a motion? Chairman Gonzalez: I second. Second. Vice Chairman Sanchez: Oh, I'm sorry. All right. For the record, Commissioner Sarnoff made the motion. The Chair second it. The item is under discussion. Hearing no discussion, it's an ordinance on second reading. Madam Attorney, read into the record, followed by a roll call. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Vice Chairman Sanchez: All right. Madam Clerk, roll call. Ms. Thompson: Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Thank you. Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes, with the additional parking. MariaJ. Chiaro (Assistant City Attorney): No. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: The ordinance has been adopted on second reading -- is there a modification? Ms. Chiaro: There is not a modification -- Vice Chairman Sanchez: Not on this one. Ms. Chiaro: -- on this item Commissioner Sarnoff -- City ofMiami Page 17 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Ms. Thompson: But it's -- Ms. Chiaro: -- the modification comes when you -- Vice Chairman Sanchez: PZ.6. Ms. Chiaro: -- vote on the MUSP. Commissioner Sarnoff I'm just nervous -- Vice Chairman Sanchez: PZ.6. Commissioner Sarnoff -- yes. I'd hate to think somebody was letting -- I was letting go of that parking. Vice Chairman Sanchez: All right. PZ.5 06-01055zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1770 AND 1778 NORTH BAYSHORE DRIVE, 1799 NORTHEAST 4TH AVENUE AND 430 NORTHEAST 18TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1770 and 1778 N Bayshore Drive, 1799 NE 4th Avenue and 430 NE 18th Street [Commissioner Marc Sarnoff - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of On the Park Properties, LLC and On the Park Properties II, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on September 11, 2006 by a vote of 6-0. See companion File ID 06-010551u. PURPOSE: This will change the above properties to SD-6 Central Commercial -Residential District for the proposed On the Park Properties Major Use Special Permit. Motion by Commissioner Sarnoff, seconded by Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12869 City ofMiami Page 18 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Priscilla A. Thompson (City Clerk): So that -- Vice Chairman Sanchez: PZ.5 -- Ms. Thompson: -- that has been -- Vice Chairman Sanchez: -- is a companion item. It's also an ordinance on second reading. Once again, we put them all together, but I don't want to leave anybody out. Anyone who wants to speak on behalf or against this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. We need a motion. Commissioner Sarnoff I'll move. Vice Chairman Sanchez: There's a motion -- Chairman Gonzalez: Second. Vice Chairman Sanchez: -- by Commissioner Sarnoff, second by Vice -- excuse me, the Chair. The item is under discussion. Hearing no discussion on the item, it's an ordinance on second reading, which will be read into the record by the City Attorney, followed by a roll call. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call. Vice Chairman Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.6 06-01055mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE ON THE PARK PROPERTIES PROJECT, TO BE LOCATED AT APPROXIMATELY 1770 AND 1778 NORTH BAYSHORE DRIVE, 1799 NORTHEAST 4TH AVENUE AND 430 NORTHEAST 18TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 499-FOOT, 47-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 648 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 9,400 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 859 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. LOCATION: Approximately 1770 and 1778 N Bayshore Drive, 1799 NE 4th Avenue and 430 NE 18th Street [Commissioner City ofMiami Page 19 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Marc Sarnoff - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of On the Park Properties, LLC and On the Park Properties II, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* (excluding conditions 11 a, b, c and d) to City Commission on September 20, 2006 by a vote of 6-0. See companion File IDs 06-010551u and 06-01055zc. *See supporting documentation. PURPOSE: This will allow the development of the On The Park Properties project. Motion by Commissioner Sarnoff, seconded by Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-06-0736 Vice Chairman Sanchez: All right. PZ.6 is a resolution here with the conditions. Vicky Garcia -Toledo: Yes. If you could remove the conditions on staff and add a new condition for an additional two levels of parking, bringing the total -- Vice Chairman Sanchez: And the drop-off. Ms. Garcia -Toledo: -- removing all the conditions of staff -- Vice Chairman Sanchez: Right. Ms. Garcia -Toledo: -- adding -- that means we can have the drop-off -- Vice Chairman Sanchez: OK. Ms. Garcia -Toledo: -- and then adding a new condition that would be to add two more levels of parking, for a total of 1,043 parking spaces. Vice Chairman Sanchez: All right. Commissioner Sarnoff, could you make the -- Commissioner Sarnoff I'll make the motion. Vice Chairman Sanchez: -- amend -- the motion? Commissioner Sarnoff Yes. Chairman Gonzalez: Second. Vice Chairman Sanchez: As amended. Chairman Gonzalez: I'll second. City ofMiami Page 20 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Sarnoff As amended. Vice Chairman Sanchez: As amended. There is -- it has been second for the record by the Chair. The item is under discussion, but before we vote on it, anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing has been closed; coming back to the Commission. No further discussion on the item. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, the item passes, as amended. Ms. Garcia -Toledo: Thank you. PZ.7 06-01023Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2648 NORTHWEST 22ND AVENUE, 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. LOCATION: Approximately 2648 NW 22nd Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of RHV of Miami, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on July 19, 2006 by a vote of 7-2. See companion File ID 06-01023zc. PURPOSE: This will change the above property to Restricted Commercial. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12870 Vice Chairman Sanchez: OK. PZ.7 is also an ordinance on second reading. Counsel, that one's also yours, correct? Vicky Garcia -Toledo: Yes. City ofMiami Page 21 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: All right. Whenever you're ready to proceed. Ms. Garcia -Toledo: I'm ready. Vice Chairman Sanchez: Be my guest. Ms. Garcia -Toledo: Think -- Roberto Lavernia (Chief of Land Development, Planning Department): 7 and 8 are companion items. Number 7 is the land use; number 8 is the zoning change. This item was presented on first reading. Commissioner Gonzalez request the Planning Department to perform a study of the area in order to put a special district with specific conditions, and that the applicant offer a covenant with the approval, and it was approved on first reading. Chairman Gonzalez: Very good. Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo. I am here on behalf of RHV of Miami, Dr. Villalonga, who is a long-term resident of the area. Dr. Villalonga has -- on first reading, this project has been approved without conditions. We just wanted to make sure that you had an opportunity to see what the project that we are proposing for the area is, and we would ask for approval in second reading without conditions. Vice Chairman Sanchez: All right. This item is in front of us on second reading. Is there anyone from the public who wishes to address this item or address this Commission? Please step forward and be recognized. Chairman Gonzalez: Is there any opposition on the item? Vice Chairman Sanchez: Anyone in opposition or in favor? Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Chairman Gonzalez: Yes, Mr. Vice Chair, I'm ready to move the item. That project is -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- in my district. Vice Chairman Sanchez: All right. There is a motion by the Chair, second by Commissioner Spence -Jones. The ordinance is on second reading. Hearing no discussion from the Commissioners, Madam Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. Vice Chairman Sanchez: Madam Clerk. 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.8 06-01023zc ORDINANCE Second Reading City ofMiami Page 22 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 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 "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2648 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 2648 NW 22nd Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of RHV of Miami, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Made a motion to recommend approval, which failed, constituting a recommendation of denial to the City Commission on September 11, 2006 by a vote of 4-1. See companion File ID 06-010231u. PURPOSE: This will change the above property to C-1 Restricted Commercial. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12871 Vice Chairman Sanchez: PZ.8 is an ordinance on second reading. Vicky Garcia -Toledo: It's the companion item. Vice Chairman Sanchez: Yes, it is. Chairman Gonzalez: I'll move it. Vice Chairman Sanchez: All right. There's a motion by the Chair. Is there a second? Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Second by Commissioner Spence -Jones. Opening the public hearing. Anyone here to speak against or in favor of the item? Seeing none, hearing none, the public hearing is closing, coming back to the Commission. Any further discussion on this ordinance on second reading? Hearing none, Madam Attorney, read it into the record. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. City ofMiami Page 23 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Chairman Gonzalez: I hope -- Ms. Garcia -Toledo: Thank you. Chairman Gonzalez: -- this project start to bring a change to 22nd Avenue because there's some sites on 22nd Avenue that are really an eyesore; shameful to drive by -- look at that. I mean, we have some other properties coming in for discussion later on where you find even though we -- through Code enforcement, we force them to fence the lots and everything, people remove the fence. They're sleeping inside the lots. They're building home -- houses, you know -- I mean, sheds. It's incredible what's going on, so I hope that these type of projects start to change the image and the appearance of the neighborhood. Ms. Garcia -Toledo: Thank you, Commissioner. PZ.9 06-01026zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 9, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 580-582 NORTHEAST 71ST STREET AND 7000 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 580-582 NE 71st Street and 7000 Biscayne Boulevard [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of TNA Palms, Inc. and Wilbert Romano, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on July 10, 2006 by a vote of 7-1. PURPOSE: This will change the above properties to R-2 Two -Family Residential with an SD-12 Buffer Overlay District. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 24 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 12872 Vice Chairman Sanchez: OK. PZ.9, it's an ordinance on second reading. Roberto Lavernia (Chief of Land Development, Planning Department): It is the petition for an SD-12 buffer parking -- buffer overlay district for parking, surface parking. It was recommended for approval on first reading for the Dogma property on Biscayne Boulevard. Vice Chairman Sanchez: All right. Is there anyone here to speak against this item? Seeing none, hearing none, the public hearing is closed. It's on second reading. Counsel, you may proceed. Ben Fernandez: Good afternoon, Mr. Chair, members of the board. Again, Ben Fernandez, 200 South Biscayne Boulevard. I'm here joined today by David Tunnell, who is the owner and operator of Karma Car Wash on the property Biscayne and 71 st Street. Also with -- by Carlos Prio-Touzet, who's our project architect. This -- as you mentioned, Mr. Chair, it was approved on first reading, but for the benefit of Commissioner Sarnoff, I'll just briefly go through the intent of the project. This is the first step -- Commissioner, the purpose of this application is to rezone the property to SD-12. That will allow surface parking only to serve the abutting commercial use, which is the Karma Car Wash. The Karma Car Wash is located on the south side of the block; on the north side of the block, you have the existing Dogma hotdog stand and restaurant, which Mr. Tunnell also opened originally. He's a real pioneer in the area for that. It's a Zagat-rated restaurant, and he'll tell you a little bit more about it in just a second. That, of course, is a nonconforming -- it's an old structure that has no parking spaces. Through the opening of Karma, we're providing new parking spaces for not only Karma, but through the addition of this lot to the west, we're adding parking that will provide spaces for both Karma and for Dogma, and that's the purpose of this request for the SD-12. We still need to come back to the Zoning Board with an application for a special exception for the site plan approval, which isn't really relevant for your consideration today, but I'll show you anyway. This is a rough sketch of what that will look like. The green areas are landscape buffer areas that the SD-12 zoning district requires. It requires that you provide a 20-foot landscape buffer between residentially zoned properties and the subject property, as well as a five-foot landscape buffer along the sides. That's something that you wouldn't normally get through the redevelopment of a commercial lot, so the SD-12, I think, is going to provide a better transition from the commercial area into the residential areas to the west than you would otherwise have by simply leaving this lot zoned as a residential lot. In addition, of course, you get the benefit of more parking to serve both Dogma and Karma, and that's our application. I'd like to introduce Mr. Tunnell just to briefly tell you about his background and his history with the property. David. David Tunnell: Hello, Commissioners. It's actually nice to have an opportunity to address you formally. First, let me say that I am a resident of Upper Eastside; I have been for many years. I'm not big business. In fact, on the contrary, I'm a small business owner. I started Dogma and Karma because, as a neighborhood resident, I believed in the potential of the Biscayne corridor really when very few did. I opened these businesses to have -- to enhance the quality of life in our neighborhoods, and I believe most will agree that I have. My relationship with my neighbors is excellent. In fact, one rarely speaks of the Upper Eastside without now mentioning Dogma and Karma as landmarks and points of reference. I'm simply looking for sufficient parking. My request is not inconsistent with your objectives, and there are countless precedents to the north and south of me. As it is now, my customers and others are lining the residential streets. Approving this application for an SD-12 overlay will allow these customers, in search of suitable parking, to come off the City streets and onto my property, freeing up space for the residents and making it a win -win altogether. Those of us who pioneered the renaissance of Biscayne Boulevard over a half decade ago have endured a lot. I've suffered armed robbery at gunpoint three times and endless FDOT (Florida Department of Transportation) construction delays. Both the Mayor ofMiami and the Chief of Police have City ofMiami Page 25 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 personally thanked me for the improvement I have made to this Miami neighborhood. My small businesses have brought national and some international attention to Miami and the Biscayne corridor. We've been featured several times on the in-flight magazine for American Airlines, Gourmet Magazine, Better Homes & Garden, and Wallpaper, a design magazine. Additionally, I've received the financial support from the Miami -Dade Empowerment Trust because of my commitment to this distressed neighborhood and the fact that I've created more than 40 full-time new jobs, many of which are filled by enterprise zone residents. Not to mention I've been able to convince outside investors, family and friends to contribute more than a million and a half dollars to this once -abandoned city block, a block that many of you know was a hotbed for illegal activity and really, quite frankly, an eyesore, so I have and continue to be, in my own way, one of the biggest supporters of this great neighborhood. Thank you very much. Vice Chairman Sanchez: No, thank you. Mr. Fernandez: And just to wrap up one final point with respect to the compatibility of the request, we believe that it's very compatible because you have parking -- surface parking areas both to the north and to the south that are -- extend further west in the case of the lot to the north, and just as far south is what we're requesting in the case of the lot to the south. Those aren't zoned commercial; they're not zoned SD-12. They're simply old, nonconforming surface parking lots. They've always been there traditionally serving the commercial areas or the commercially zoned lots along Biscayne Boulevard. Commissioner Sarnoff Let me ask you some questions. What occurs in the event of a sale of this business? What would happen to the subject parking? It stays just where it is? Mr. Fernandez: It would stay just where it is. It would continue to serve the -- Commissioner Sarnoff Whatever surface parking -- Mr. Fernandez: -- commercial lot. Whatever business -- however, with the special exception approval, the business is tied to that particular site plan, so there would be no -- Commissioner Sarnoff How is that? Explain that to me. Mr. Fernandez: Well, the special -- once the property is rezoned, if you deem to rezone it, we need to come in with an application for a special exception. The special exception would tie the redevelopment of the property to a site plan. The site plan would fix the parking spaces in specific locations, provide for a specific landscape buffer, et cetera. Now in this particular case, you already have an existing business, so you know what it's going to look like. The Karma Car Wash is there, and it provides adequate parking for that particular use, but the Dogma restaurant has no parking, and that's simply due to the fact that it's a grandfathered nonconforming use. With this application, we're going to be providing parking for both the Dogma and adding parking to the Karma. Commissioner Sarnoff Well, you say Dogma doesn't have any parking, but I know I parked on the side of Dogma on 70th Street -- Mr. Fernandez: Yeah. Commissioner Sarnoff -- or 71 st Street. Commissioner Spence -Jones: 71st. Mr. Fernandez: It's got a couple of lots in the Swale area. They're not technically part of that City ofMiami Page 26 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 property. Commissioner Sarnoff What are they? Because, I mean, I parked on lined spaces, and then there was even a parking lot to park in there. What was I parking in? Mr. Fernandez: In the swale, essentially. Commissioner Sarnoff That was -- there were probably better than nine or ten spaces; am I wrong on that? Mr. Fernandez: I have to defer to David on how many spaces Dogma has along the swale. Mr. Tunnell: 71 st -- on 71 st Street? Commissioner Sarnoff On the side, yeah. Mr. Tunnell: Yeah. I think -- Priscilla A. Thompson (City Clerk): I'm sorry. You're not recording. You need to -- Vice Chairman Sanchez: Yeah. You need to step up to the mike and just -- Mr. Tunnell: Thank you. Vice Chairman Sanchez: -- state your name for the record. Makes it easy for the City Clerk. Mr. Tunnell: Thank you. On 71 st Street, when I inherited that project, I leased both these structure -- well, I built the structure Karma, but I don't own the land. It's nonconforming parking that they've allowed us to use. I think it's seven spaces. I did pave them and stripe them, but they're -- well, they're non -- I guess that's the term, nonconforming. I can't really -- Commissioner Sarnoff So you do not own this land or you do own this land? Mr. Tunnell: I don't own it, no. I -- all this money I've spent is in leased land. I have a 20-year lease with Karma, and it was a dustbowl before. It was unimproved land. I used to use it as parking, and then the NET (Neighborhood Enhancement Team) Office said ifI wanted to use it as parking, I had to pave it. Well, I didn't own the land, and so I thought, well, maybe I'll start a business there and do something there and use it as parking. You know, at the time, I owned Dogma as well. I sold Dogma last September to finance the finishing of Karma. Commissioner Sarnoff That's the -- yeah, that was my understanding. You don't own Karma -- you don't own Dogma any longer. Mr. Tunnell: That's correct, but you know, the new owner is a former partner of mine, and we have a great relationship. There's just a need for additional parking. It was slightly ironic because the land that is in question here for rezoning was leased to me by my landlord as commercial land. It wasn't until very far into the project I found out it was residential. It was always supposed to be additional parking, and so now I've taken on the brunt of the responsibility to finance this rezoning application. Commissioner Sarnoff So you're doing rezoning for your landlord -- Mr. Tunnell: Correct. City ofMiami Page 27 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Sarnoff -- and -- Mr. Tunnell: He's on the petition, but I'm the one paying the bills and going through these meetings, yeah. Commissioner Sarnoff You're paying the freight of Mr. Fernandez? This parking lot will be used by both Dogma and Karma? Mr. Tunnell: This parking lot will be just for use by Karma. Commissioner Sarnoff Just by Karma. Mr. Tunnell: Correct, but I have -- there's communal -- kind of shared parking between us now that I also built, which is where most Dogma customers now park, and I have a restaurant there. It's not just a car wash. It's a full -service -- Commissioner Sarnoff Oh, I've eaten -- Mr. Tunnell: I know you have -- Commissioner Sarnoff -- in your restaurant. Mr. Tunnell: -- but so in the evening, there's -- between Michy's across the street and a few of the other restaurants that are starting, there's a need for additional parking, and this was always intended, in my plans with Carlos Touzet from the very beginning when I took the lease, to be parking. It wasn't 'till we found out that it was residential that we couldn't -- Commissioner Sarnoff Have you met with the adjacent landowner? Mr. Tunnell: I have. Commissioner Sarnoff And is -- Mr. Tunnell: Yeah. Commissioner Sarnoff -- he's not objecting? Mr. Tunnell: No. It's a woman, and she and I have been friendly for the two and a half years that I've been building this construction. Commissioner Sarnoff Have you met with --? Mr. Tunnell: Quite frankly, I think she'll enjoy it because, at the moment, she can look out her window and see my car washers working. There is no buffer between us and the residential community. Commissioner Sarnoff And you would be required to maintain the landscape buffer? Mr. Tunnell: Correct. I believe that there's a wall -- not an inexpensive wall that I need to build as well. It's not an inexpensive proposition, but one that I'm willing to make as an investment for additional parking. Vice Chairman Sanchez: All right. Any other discussion? This is PZ -- City ofMiami Page 28 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Ms. Thompson: 9. Vice Chairman Sanchez: -- 9. Commissioner Spence -Jones: I just would like -- Vice Chairman Sanchez: OK. Commissioner Spence -Jones: I'm sorry -- and I don't know if -- Commissioner Sarnoff, are you going to -- Vice Chairman Sanchez: Are you --? Commissioner Spence -Jones: -- are we coming back? Has -- is the public hearing over? I'm asking. Vice Chairman Sanchez: Yeah. The public hearing was -- Commissioner Spence -Jones: Oh. Vice Chairman Sanchez: -- closed. We're in discussion. Commissioner Sarnoff is done, I believe. Commissioner Sarnoff I am done. Vice Chairman Sanchez: OK. You're recognized. Commissioner Spence -Jones: I just wanted to definitely say, ultimately, it's the Commissioner's -- you know, it's in Commissioner Sarnoffs district, but I can say that, just mirroring what you said earlier, how much the area has changed, and you guys were pioneers from the very beginning in the area. I personally like Dogma and like what you guys have set up there. It's the only place that I can get a vegetarian hotdog, so -- you know, and I know the people that actually live next door that also own two or three properties on the side of it, and it's a pleasure for them to have you guys next door to them and to see the residents that are actually working in the car wash over there that may not have had opportunity to have jobs, or whatever the case may be, that you providing that for them in that area, so I wanted to at least acknowledge what you have done in the area, and I'm hoping the spirit that you have and what you've created on Biscayne Boulevard would actually flow into my district because that's the type of things that we need to have is to have small entrepreneurship businesses doing exactly what you did there, so I wanted to acknowledge you because I love both spaces that you have there, and I think it's great. Vice Chairman Sanchez: All right. A motion would be -- Commissioner Sarnoff So moved. Vice Chairman Sanchez: There's a motion by -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- Sarnoff, second by Commissioner Spence -Jones. No further discussion on the item. It is an ordinance on second reading. Madam Attorney, read it into the record, followed by a roll call. City ofMiami Page 29 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Vice Chairman Sanchez: Congratulations -- Mr. Fernandez: Thank you very much. Vice Chairman Sanchez: -- gentlemen. When you succeed, we succeed. Thank you. PZ.10 06-00428zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 9, SECTION 910 OF THE ZONING ORDINANCE, IN ORDER TO ALLOW FOR COVENANT IN LIEU OF UNITY OF TITLE AGREEMENTS FOR PROJECTS WITHIN PROPERTIES ZONED R-2 THAT ARE APPROVED PURSUANT TO ARTICLE 5, PLANNED UNIT DEVELOPMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 19, 2006 by a vote of 7-0. PURPOSE: This will allow a Covenant in Lieu of Unity of Title agreements for projects with R-2 zoning districts that are approved as a Planned Unit Development. Motion by Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12873 Vice Chairman Sanchez: All right. PZ.11. Lourdes Slazyk (Zoning Administrator): 10. Priscilla A. Thompson (City Clerk): 10. Chairman Gonzalez: 10. Vice Chairman Sanchez: 10. All right. PZ.10. Ms. Slazyk: For the record, Lourdes Slazyk. PZ.10 is a second reading amendment to Zoning City ofMiami Page 30 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Ordinance 11000. This is in order to allow covenant in lieu of unity of title agreements for R-2 properties when they are part of a planned unit development. This was recommended for approval unanimously by the Planning Advisory Board and approval by the Planning Department. Chairman Gonzalez: Move -- Vice Chairman Sanchez: Vegetarian hotdog? Chairman Gonzalez: -- PZ.10. Commissioner Spence -Jones: Veggie dogs. Vice Chairman Sanchez: All right. Wait, hold on. It's an ordinance on second reading. Is there anyone from the public wishing to address this item? Please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. The -- Chairman Gonzalez: I move it. Vice Chairman Sanchez: -- Chair made a motion. Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Regalado. The item is under discussion. Hearing no discussion on the item, Madam Attorney, read the ordinance on second reading into the record, followed by a roll call. Maria J. Chiaro (Assistant City Attorney): An ordinance of the Miami City Commission amending the Code of the City ofMiami, Florida, by amending Article I, titled "In General" more particularly, Chapter 4, titled "Alcoholic Beverages, " Section 4-11, "Exceptions to Distance Requirements" to: 1) Allow an additional alcoholic beverage establishment within mixed -use projects of over 300 dwelling units within the downtown area; 2) To create a cultural specialty district along Southwest 8th street -- Slazyk: No, wrong one. Ms. Chiaro: -- from Southwest 12th to Southwest 17th Avenues -- Ms. Slazyk: Excuse me. That's the wrong backup. That's the alcoholic beverage establishment. Vice Chairman Sanchez: I knew it. Chairman Gonzalez: That's PZ.11 ? Ms. Chiaro: Yeah. Vice Chairman Sanchez: Yeah. Ms. Chiaro: Well -- Vice Chairman Sanchez: We're PZ.10. City ofMiami Page 31 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Ms. Chiaro: I want to start reading again. Ms. Slazyk: Yes. Vice Chairman Sanchez: Well, yeah, you have to. PZ.10. You got it right this time? Ms. Slazyk: Yeah. Ms. Chiaro: Well, I got it reversed. I apologize to the Commission. Vice Chairman Sanchez: No, it's OK. We're all entitled to make mistakes. I make them all the time. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Ms. Chiaro: This one was a lot easier than the other one. Vice Chairman Sanchez: You got this one right. All right. Madam Clerk, roll call on ordinance on second reading. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.11 06-01403zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, RELATING TO PROJECTS LOCATED IN THE URBAN CENTRAL BUSINESS DISTRICT OUTSIDE OF THE DOWNTOWN DRI AREA; PROVIDING FOR A HEIGHT INCREASE FOR THE PROVISION OF PUBLIC PARKING IN EXCESS OF THE REQUIRED OFF STREET PARKING REQUIREMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommend approval to City Commission on September 6, 2006 by a vote of 6-0. PURPOSE: This will provide a height increase for public parking in excess of the required off-street parking requirements in the C-2 zoning district when located within the Urban Central Business District outside of the Downtown DRI. CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, to continue Item PZ.11 to the City Commission meeting currently City ofMiami Page 32 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 scheduled for January 25, 2007. Vice Chairman Sanchez: All right. PZ.11. Lourdes Slazyk (Zoning Administrator): 11. PZ.11 is also a second reading ordinance. This is in order to amend the -- to allow for a provision of public parking in excess of required off-street parking for properties that are within the Urban Central Business District, but outside the downtown DRI (Development of Regional Impact). If you recall on first reading, I explained that this is a way to promote public parking around downtown without being in the DRI by providing height increases. This would be available to properties in the West Omni/West Brickell areas and all the other areas that were part of the Urban Central Business District, yet, outside of the downtown DRI. We mentioned a little bit earlier on that on the park project that, within the downtown DRI, there are built-in constraints on parking. The State of Florida was very adamant when we had that downtown DRI approved to make it more difficult to put parking in downtown. As a matter of fact, parking in downtown requires special permits. What this does is it promotes that parking in the periphery of downtown to serve as like interceptors, where people can park at these public parking locations and be able to come in, whether their -- work downtown or they're coming into the arena or the Performing Arts Center, they can park in the periphery and take People Mover or other modes of transportation in. This was also unanimously approved by the Planning Advisory Board and approved by the City Commission at first reading, and we recommend approval. Vice Chairman Sanchez: All right. It's an ordinance on second reading. Is there anyone from the public wishing to address this item? Tucker Gibbs: Good of -- Vice Chairman Sanchez: Tucker -- always a pleasure, Tucker. Mr. Gibbs: I thank you very much, sir. Tucker Gibbs, 215 Grand Avenue, Miami, Florida, and I'm here to ask you all to defer this item, and the reason why is to look for another way besides increasing height to get your parking. I understand that there's a parking issue in the urban core. I understand about the DRI, but I don't understand why giving retail spaces additional parking for the public is going to help that, and I have concerns. I think that you have Miami 21 -- I don't know how much money this city has spent on Miami 21, millions and millions probably, and we still haven't seen it, but Miami 21 is supposed to be this holistic approach to growth and holistic approach to fixing problems like this, and what you're doing here is you're saying, OK, we have a problem downtown, and we're now going to shift that problem to the periphery of downtown, and I worry that next time it may be shifting that problem that's now going to be on the periphery to the area behind it and then behind it; that's a concern. You all had a long debate this morning about a very serious issue, and the question boiled down to is there an alternative, is there a better way of solving the problem, and some great ideas came out of this Commission in that discussion. I think that, right now, you have an ability, as a Commission, to look at this issue. There's no serious issue right now that's going to be helped by this ordinance tomorrow or in 30 days or in 60 days. What I'm asking you to do is look at this holistically; send it to your Miami 21 people. Let them look at it in the context of development in the community. That's a concern. The other concern is a very practical one. This ordinance's timing is very suspect, and I would be remiss if I didn't put this on the record. I represented a client in front of you about a year ago, and it was the Bayview Marketplace, and the Bayview Marketplace had extra parking, and they needed a zoning variance of -- for height. Interestingly enough, they needed 20 feet -- and they had additional parking -- and you all granted the MUSP (Major Use Special Permit) and you granted the zoning variance. I, representing a client, challenged that in court and we won. The court threw out the 20-foot height variance on that project, and now, after that court has made that determination, this City ofMiami Page 33 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 ordinance comes in front of you that allows a retail project -- just like Bayview Marketplace -- just outside the urban core -- just like Bayview Marketplace -- with extra parking -- just like Bayview Marketplace -- and allows them -- now that they can't get a variance that the law -- the court has said no variance, they can now back into a variance because now that variance has been changed by this Commission to be a bonus. I agree that there is a parking problem downtown. I don't think this is the way to solve it. I'm asking for a deferral -- that's all I'm asking for -- to see if there's another way to deal with this problem other than giving a height -- essentially, a height variance of 20 feet, and I think that that's something that you all can do. It's not going to shake the earth. It's not going to create problems, and maybe, perhaps, we can come up with that better idea to deal with that parking other than just saying, yeah, give them a bonus. Let them add new parking and give them a bonus, so that's my request to you -- Vice Chairman Sanchez: All right. Mr. Gibbs: -- and I thank you all very much. Vice Chairman Sanchez: Tucker. OK, anyone -- Mr. Gibbs: Yes. Vice Chairman Sanchez: -- else? Mr. Gibbs: You want to ask me a question? Vice Chairman Sanchez: Anyone else from the public? If not, it comes back to the Commission. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. I am here today on behalf of Bayview Marketplace. This was a 600,000 square foot retail development that is only four stories, and it is 120 feet -- or, actually, 140 feet because we did get a variance for height. It is a Major Use Special Permit that has a height variance in order to allow for a -- Miami -Dade rescue vehicles to get to every floor. That's the purpose of the variance, and in addition to that, to provide about 300 excess parking spaces in an area that is -- desperately needs parking spaces. This is on 17th Avenue, just west of 2nd Avenue -- 17th Street, just west of 2nd Avenue; it's just south of the cemetery, so it's a Major Use Special Permit that was approved that's going to approve -- that is going to supply 2, 500 jobs in an area which happens to be in the Omni Redevelopment District. It's in the designated Empowerment Zone. It's in the Enterprise Zone, and again, it's providing 2,500 jobs. Now we're going to build this even if it's 20 feet less. It just will not have Miami -- the rescue vehicles being able to access every floor. It won't have the parking, so it's whether or not you want to have increased parking that can help the Performing Arts Center, can actually create parking for the employees of the Performing Arts Center. We're in discussion with the Performing Arts Center right now, so we can have less parking; we can have a less commodious garage; we can have no natural light into the garage. Well have the same garage. It's just not going to be as good, and in terms of suspect, certainly. Every ordinance that you have is brought to you because -- and the next one on the agenda, the alcoholic beverage is no different. Because somebody says that the ordinance that you have doesn't really seem to work. Now what happens is that the zoning variance process in the City ofMiami has -- the courts have been imposing a standard, and it says you can't have a variance unless you have no reasonable use of the property without the variance. We don't believe that's the standard in the City ofMiami. That's not what the Code has for a use variance -- I mean, for the standards of a variance. They're imposing a use variance standard. We believe the court has inaccurately and incorrectly done so, but nevertheless, doesn't mean that this ordinance is a good -- isn't a good ordinance. This is a good legislative measure that City ofMiami Page 34 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 the City has adopted and the City staff believes is a good measure to get more parking and to have a better facility. Commissioner Spence -Jones: I just -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- is it closed? Vice Chairman Sanchez: Tucker. Mr. Gibbs: May I briefly respond? Vice Chairman Sanchez: Sure. Mr. Gibbs: And it will be brief. Vice Chairman Sanchez: Sure. Mr. Gibbs: The bottom line here -- and Ms. Dougherty has already brought it up. That's what this project is. That's what this ordinance is all about. It's about that particular project, and it's about that particular project's failure to meet the City's requirements for a variance. We can sit here and argue what the standard is in the City ofMiami Zoning Code and what it means, but I can tell you, the Third District Court ofAppeal has ruled and has been very consistent that that reasonable use standard applies to the City ofMiami, and the fact is, her client lost on that issue, and the fact is her client can appeal it to the court and let the court decide, but the fact right -- also right now is that this ordinance is the Bayview Marketplace relief act. It's only to solve their problem, and that's not good legislation. Vice Chairman Sanchez: All right. Coming back to the Commission, what is the will of the Commission? Commissioner Sarnoff I'd like to recommend that we give this -- and I was going to ask your indulgence -- a 30-day deferral from me. Vice Chairman Sanchez: There's a motion to defer the item for 30 days. Is there a second? Commissioner Spence -Jones: Second, but -- Vice Chairman Sanchez: Second. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Spence -Jones: But I do have a comment. Vice Chairman Sanchez: OK. Commissioner Spence -Jones: I have a comment. Vice Chairman Sanchez: I mean -- you're recognized. Commissioner Spence -Jones: Thank you, sir, and you'll get a veggie hotdog for that. Vice Chairman Sanchez: Yuck. No way. City ofMiami Page 35 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Spence -Jones: I just have a question for Lucia. One of the things I wasn't always all the way clear with is there's already a garage parking downtown already right behind Radisson that's -- Ms. Dougherty: Are you talking about the Omni garage? Commissioner Spence -Jones: Yeah. Ms. Dougherty: Yes, but that one's coming down, as a result of a Major Use Special Permit that you approved probably a month ago. Commissioner Spence -Jones: No. Well, actually, I -- the reason I'm asking this question is because I happened to meet with the folks that are trying -- Ms. Dougherty: OK. Commissioner Spence -Jones: -- to relook at how they're utilizing their space there, and one of the questions -- I couldn't understand for the life of me, once I got there, you know, if the Performing Arts Center's right across the street from there, why were we not using the parking - - why aren't they -- why is the County -- or why aren't they trying to make an agreement with those individuals to utilizing the parking for right across the street? Ms. Dougherty: Well -- Commissioner Spence -Jones: And to my understanding, they're not knocking it down because, at this point, it doesn't make sense for them to do condos or whatever the case may be, and I'm just putting it out there. I mean, we've already voted on it, but sometimes, we can create something that it's not necessary to create that's already there, and they could use the people utilizing the lots -- Ms. Dougherty: Well -- Commissioner Spence -Jones: -- I mean, the parking garage. Ms. Dougherty: -- that's not simply for the Performing Arts Center. Obviously, the Omni -- Ms. Slazyk: The hotel and the -- Ms. Dougherty: -- garage is there, and I'm sure, to the extent that -- until that goes away, the Performing Arts Center will be using it. What the City staff has basically said is that downtown has a limitation on parking. In fact, you've passed an ordinance -- Commissioner Spence -Jones: I -- Ms. Dougherty: -- probably two months ago that says no parking is required for residential properties in downtown. This property is about a hundred feet away from a People Mover system, so this would be a possible intercept garage. If you have 300 additional spaces, an intercept garage that can then have people come to downtown but not bring their cars downtown. That's the -- Commissioner Spence -Jones: Yeah. Ms. Dougherty: -- concept behind it, but yes, you're right, but you know, I don't know what's City ofMiami Page 36 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 going to happen in the Omni. You have a Major Use Special Permit that was just approved probably a month ago. Commissioner Spence -Jones: Yeah. I'm just -- again, it was brought to my attention, and the people were not all that happy because they would be willing to allow for that parking to be used for the Performing Arts Center instead of creating a new one, but that was all -- that was my question. Priscilla A. Thompson (City Clerk): Chair -- I'm sorry. Chair -- Vice Chairman Sanchez: All right. Ms. Thompson: -- Vice Chair. Vice Chairman Sanchez: Yes. Ms. Thompson: On the motion, it was for 30 days. Are we saying the next regular meeting or the P&Z (Planning & Zoning) meeting? Ms. Slazyk: The Jan -- Commissioner Spence -Jones: P&Z. Ms. Slazyk: -- P&Z meeting. Ms. Thompson: OK. Vice Chairman Sanchez: P and -- Ms. Slazyk: January P&Z meeting. Ms. Thompson: So that -- Vice Chairman Sanchez: Madam Clerk, for the record, it is the next P&Z agenda. Ms. Thompson: -- would be January 25. Vice Chairman Sanchez: Yes. OK. Ms. Thompson: Thank you. Vice Chairman Sanchez: Moving right along. Chairman Gonzalez: All right. Vice Chairman Sanchez: PZ.12. Ms. Dougherty: Thank you very much. Chairman Gonzalez: 12. Mr. Gibbs: Thank you all. Vice Chairman Sanchez: Thank you. City ofMiami Page 37 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Ms. Slazyk: PZ.12 is also a second reading -- Vice Chairman Sanchez: And I hope you come back with a solution -- Chairman Gonzalez: I'm ready -- Vice Chairman Sanchez: -- to that problem, OK? Mr. Gibbs: I'm going to try. Vice Chairman Sanchez: All right. PZ.12 06-01623zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE I, TITLED "IN GENERAL" MORE PARTICULARLY, CHAPTER 4, TITLED "ALCOHOLIC BEVERAGES" SECTION 4-11, "EXCEPTIONS TO DISTANCE REQUIREMENTS" TO: 1) ALLOW AN ADDITIONAL ALCOHOLIC BEVERAGE ESTABLISHMENT WITHIN MIXED -USE PROJECTS OF OVER 300 DWELLING UNITS WITHIN THE DOWNTOWN AREA; 2) CREATE A CULTURAL SPECIALTY DISTRICT ALONG SW 8TH STREET, FROM SW 12TH TO SW 17TH AVENUES, ALLOWING DISTANCE EXEMPTIONS FOR A MAXIMUM OF 5 ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES AS A COMPONENT OF A CULTURAL FACILITY; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow exemptions to distance requirements for establishments serving alcoholic beverages. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12874 Chairman Gonzalez: I'm ready to move PZ.12. Vice Chairman Sanchez: All right. Lourdes Slazyk (Zoning Administrator): PZ.12 is a second reading ordinance. This is amending Chapter -- Commissioner Spence -Jones: Second. Ms. Slazyk: -- 4 -- City ofMiami Page 38 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Vice Chairman Sanchez: All right. It's an ordinance on second reading. Chairman Gonzalez: Public hearing. Vice Chairman Sanchez: It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. There's a motion by the Chair, second by Commissioner Spence -Jones. The item is under discussion. Hearing no discussion on the item, Madam Attorney, please read the ordinance into the record, followed by a roll call. Maria J. Chiaro (Assistant City Attorney): This is the one I started to read before. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. 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 [sic] reading, 5/0. Chairman Gonzalez: Thank you. Pamela Burns (Assistant City Clerk): Second reading. Chairman Gonzalez: PZ.16. Ms. Thompson: Oh, I'm sorry. That was second reading. PZ.12 was second reading. I'm sorry. Chairman Gonzalez: Second reading. PZ.13 06-02104zt RESOLUTION AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 626, "SD-26" 22ND AVENUE SPECIAL OVERLAY DISTRICT; IN ORDER TO CREATE THE "SD-26" 22ND AVENUE SPECIAL OVERLAY DISTRICT, ADD AN INTENT STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS AND LIMITATIONS ON USES, AND TO REQUIRE CLASS II SPECIAL PERMITS FOR EXTERIOR WORK; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on December 6, 2006. See companion File ID 06-02104zc. City ofMiami Page 39 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 PURPOSE: This will create the SD-26 22nd Avenue Special Overlay District and add special district requirements. CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Spence -Jones absent, to continue Items PZ. 13 and 14 to the City Commission meeting currently scheduled for January 25, 2007; and PZ. 15 to the City Commission meeting currently scheduled for February 22, 2007. PZ.14 06-02104zc RESOLUTION 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, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-1" RESTRICTED COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-26" 22ND AVENUE SPECIAL OVERLAY DISTRICT FOR THE PROPERTIES LOCATED APPROXIMATELY ALONG 22ND AVENUE BETWEEN SOUTHWEST 8TH STREET AND NORTHWEST 1ST STREET (COMPLETE LEGAL DESCRIPTIONS AND ADDRESSES ON FILE WITH HEARING BOARDS); MIAMI, FLORIDA, MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami LOCATION: Approximately Along 22nd Avenue Between SW 8th Street and NW 1st Street [Commissioner Joe Sanchez - District 3] FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on December 6, 2006. See companion File ID 06-02104zt. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-26 22nd Avenue Special Overlay District. CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Spence -Jones absent, to continue Items PZ. 13 and 14 to the City Commission meeting currently scheduled for January 25, 2007; and PZ.15 to the City Commission meeting currently scheduled for February 22, 2007. PZ.15 06-00441za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY City ofMiami Page 40 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 DISMISSING OR REMANDING AN APPEAL BY OCTAVIO ROBLES WHEREIN HE REQUESTED THAT THE 180 DAY PERIOD PROVIDED IN SECTION 2105.4.1(a) OF ORDINANCE NO. 11000 BE STRICKEN OR IN THE ALTERNATIVE BE CONSIDERABLY EXTENDED TO REFLECT A REASONABLE PERIOD IN TODAY'S PERMITTING CLIMATE. APPELLANT(S): Octavio Robles FINDINGS: OFFICE OF ZONING: Recommended denial of the appeal and approval of the administrator's interpretation and decision. ZONING BOARD: Dismissed the appeal for failure to state any grounds upon which relief can be granted. PURPOSE: The approval of this appeal will reverse the decision of the Zoning Board and remand the appeal to the Zoning Board. CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Spence -Jones absent, to continue Items PZ.13 and 14 to the City Commission meeting currently scheduled for January 25, 2007; and PZ. 15 to the City Commission meeting currently scheduled for February 22, 2007. PZ.16 06-01429v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A REDUCTION OF THE REQUIRED REAR YARD, TO ALLOW A REAR YARD SETBACK OF 14'9" (20'0" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 6830 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0737 Chairman Gonzalez: What about PZ. 16? Priscilla A. Thompson (City Clerk): That's next. Roberto Lavernia (Chief of Land Development): PZ.16 -- for the record, Roberto Lavernia, with the Planning Department. It's an appeal of a variance. The Planning Department recommend approval, finding that there was a hardship that justify the variance. It went to the Zoning Board. There was a motion to approve that failed, constituting a denial. This is the appeal of the variance for the required rear setback. City ofMiami Page 41 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Chairman Gonzalez: But you recommend approval? Mr. Lavernia: No. We recommend denial. Chairman Gonzalez: Denial. Mr. Lavernia: Finding that there was no hardship. Chairman Gonzalez: All right. Commissioner Regalado: What item is -- are we doing? Chairman Gonzalez: PZ.16. Commissioner Spence -Jones: PZ.16. Chairman Gonzalez: It's in your district. Commissioner Regalado: Oh, OK. We're doing PZ.16. Chairman Gonzalez: It's the variance appeal. Commissioner Spence -Jones: PZ.16. Commissioner Regalado: OK. Now I understand. I was brief on this one. This is about a family that move to Flagami and, like the City says, they bought a house and they bought the headache, and now they want to do the right thing -- Chairman Gonzalez: That's the philosophy. Commissioner Regalado: -- and now we are -- well, the City is saying that it shouldn't be. My understanding, according to the briefing that we have, that this is a porch that was encroaching, and the crime here is six feet, so if we were to accept the appeal, they would have to then come to Code Enforcement to get the extension because they have already the variance, and then get the permit so they can have the porch. Mr. Lavernia: Correct. Commissioner Regalado: They could have the porch close or open, whatever they want. When the City initially went to this family house, they -- the first thing that they were told is you have to demolish, and they weren't explained that they have the process of variances and all that, so they demolish the wall, so now it doesn't have a wall, but now they want to keep the porch, and this is why they went through all these process of paying a lot of money, architects, and surveys and all that so they can keep the porch, so my take on this is -- well, the City's just going by the book, although sometimes that the Planning Department recommends some variances or some plans when the projects are big, but when there is a residential house that doesn't bother anybody, then the Planning Department recommends denial, so Mr. Chairman, I move to accept the appeal and accept the variance of the six feet variance that they are seeking. That would be my motion. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. This is an ordinance. It requires a public hearing -- City ofMiami Page 42 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Commissioner Regalado: No. It's -- Ms. Thompson: No -- Chairman Gonzalez: -- correct? Ms. Thompson: -- resolution. Commissioner Regalado: -- a resolution. Maria J. Chiaro (Assistant City Attorney): It is a resolution. I would just ask for clarification of the record, since the appellant did not even state a name or an appearance for the record -- the Commissioner presented the case of the appellant -- that we get on the record the name of the appellant so that the record reflects that the appellant was present. Chairman Gonzalez: The name of the appellant? Ms. Chiaro: That the appellant is present and has not -- Chairman Gonzalez: We need -- Ms. Chiaro: -- made a -- Chairman Gonzalez: -- her name. Ms. Chiaro: -- even a statement. Commissioner Regalado: Is here. Yolexis Aguero: My name is Yolexis Aguero. Commissioner Regalado: Jorge, Laura, and Yolexis Aguero. Ms. Aguero: Aguero, and the address is 6830 Southwest 7th Street, Miami, Florida 33144. Chairman Gonzalez: Thank you. Commissioner Regalado: OK. Chairman Gonzalez: That satisfies? Ms. Chiaro: Yes. Chairman Gonzalez: Thank you -- Ms. Chiaro: I understand -- Chairman Gonzalez: -- very much. Ms. Chiaro: -- the motion to be granting the appeal and reversing the decision of the Zoning Board. Chairman Gonzalez: We're granting the appeal. That's what we're doing. All right. All in City ofMiami Page 43 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Regalado: Can somebody tell them what they need to do? They would need -- first, to get the resolution, please because the other day we granted a variance in September, and last week, I was here when a Code Enforcement meeting was taking place, and there was an elderly lady very disoriented because she was told that she had to come here. She thought that this process was the end, and then she realized that she has to come to the Code Enforcement to get the extension so she can get the permit and that's the end of the story, so somebody needs to -- maybe, Teresita, if you can brief her on what she has to do, but the fact of the matter is that you can keep the porch. Thank you, Mr. Chairman. Ms. Aguero: Thank you. PZ.17 06-01058Iu 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 2862-64, 2900, 2908, 2922 AND 2930 NORTHWEST 22ND AVENUE, 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. LOCATION: Approximately 2862-64, 2900, 2908, 2922 and 2930 NW 22nd Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Suzanne Besu, Esquire and Bob de la Fuente, Esquire, on behalf of San Antonio Holdings, Inc., Contract Purchaser FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial due to the failure to obtain the required five affirmative votes in favor to the City Commission on July 19, 2006 by a vote of 4-5. See companion File ID 06-01058zc. PURPOSE: This will change the above properties to Restricted Commercial. Motion by Chairman Gonzalez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Chairman Gonzalez: All right. PZ.17 and 18. Roberto Lavernia (Chief of Land Development, Planning Department): Yeah. PZ.17 -- Chairman Gonzalez: It's a companion. City ofMiami Page 44 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Mr. Lavernia: -- and 18 are companion items; one is the land use change, and the second is the zoning change for some lots, again, on Northwest 32nd [sic] Avenue. This is part of the study that the Planning Department is going to perform about it, but again, this recommendation is with the law as we have it today, and the recommendation for the request is from medium density to restricted commercial. Since there's no project attached to that specific site, the recommendation of the Planning Department is for denial. Chairman Gonzalez: For denial. Mr. Lavernia: Thank you. Chairman Gonzalez: OK. Santiago Echemendia: Mr. Chair, Santiago Echemendia, on behalf of the applicant, 1441 Brickell Avenue. I'm accompanied by Frank Mena, who is the property owner, as well as Suzanne Beni, of my office. In the interest of your valuable time, this could, for all intents and purposes, be a companion item to what you just approved a little while ago on 7 and 8 -- Chairman Gonzalez: That's correct. Mr. Echemendia: -- for Vicky. It's basically less than a block away. It's the same exact request. It completes the existing commercial zoning on that block, and so in that light, and with a favorable recommendation from the Zoning Board, we would urge you to move for approval. Chairman Gonzalez: Right. Is there any -- Priscilla A. Thompson (City Clerk): We do -- Chairman Gonzalez: -- there is no oppo -- Ms. Thompson: I'm sorry. Chairman Gonzalez: -- no opposition to this item. I don't see anybody in the public. Let me -- this requires a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none and hearing none, the public hearing is closed. Commissioner Regalado, will you chair for a minute? Commissioner Regalado: Yes, sir. OK. Thank you very much. Chairman Gonzalez: All right. This is exactly the property that I referred to a while ago. It's a property that we have homeless living in it, even though we have Code Enforcement and the police going to the property and evict them. The owners put up the fence; a week later, the fence is down, people moving into the place. I constantly get complaints from the neighbors, you know, and the entire area is a disaster. I mean, not only this lot, but the next two -- other two properties, they're in shambles. They're not being maintained, so hopefully, this rezoning, with the other rezoning, is going to bring new structures and a different look to the avenue, and also, new residents that will be -- Is this going to be proposed for homeownership or rental? Unidentified Speaker: At this point, we don't know. Mr. Echemendia: At this point, we don't -- at this point, he does not know. We've talked about workforce housing. We've talked about a number of different things. We're not sure just yet. City ofMiami Page 45 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 Chairman Gonzalez: All right. Anyways, we need to bring residents into this area that be concerned about what's happening in the neighborhood; that get concerned about what's happening in the immediate properties next to them, and they could be reporting, you know, anything that goes wrong in the area. This is one of the areas in my district that has been neglected for, I don't know, I guess, 30, 40 years. Nothing has happened in that 22nd Avenue since then, so based on all that, I'm moving the project. I'm moving the rezoning. Commissioner Regalado: We have a motion from the Chairman. Do we have a second? Commissioner Sarnoff Second. Commissioner Spence -Jones: Sec -- Commissioner Regalado: Second from Commissioner Sarnoff. Chairman Gonzalez: It's an ordinance. Commissioner Regalado: This is an ordinance. Public hearing is closed. Madam City Attorney, read the ordinance, please. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. 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.18 06-01058zc ORDINANCE First Reading 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 "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2862-64, 2900, 2908, 2922 AND 2930 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 2862-64, 2900, 2908, 2922 and 2930 NW 22nd Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Suzanne Besu, Esquire, and Bob de la Fuente, Esquire on behalf of San Antonio Holdings, Inc., Contract Purchaser FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on November 13, 2006 by a vote of 4-2. See companion File ID 06-010581u. City ofMiami Page 46 Printed on 1/3/2007 City Commission Meeting Minutes December 14, 2006 PURPOSE: This will change the above properties to C-1 Restricted Commercial. Motion by Chairman Gonzalez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Commissioner Regalado: We have PZ.18, a companion item. The Chairman is recognized. Chairman Gonzalez: I'll move it. It also requires a public hearing. I guess you got to open it. Commissioner Regalado: OK. We are opening the public hearing. There is a motion. Do we have a second for PZ.18, companion ordinance to PZ.17? Second. Commissioner Sarnoff I'll make a motion. Commissioner Regalado: OK. We have a second. We have a motion from the Chairman, second from Commissioner Sarnoff. Public hearing. Anyone from the public who wishes to talk on this item is welcome. Seeing none, we close the public hearing. Anything you have to say, Counsel? Santiago Echemendia: No, thank you. Commissioner Regalado: So public hearing is closed. We have a motion, we have a second. Madam City Attorney, read the ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. Chairman Gonzalez: Roll call, please. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Mr. Echemendia: Thank you very much. Chairman Gonzalez: Thank you. All right. That concludes the Planning & Zoning agenda. City ofMiami Page 47 Printed on 1/3/2007