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HomeMy WebLinkAboutCC 2007-02-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IF Ali Meeting Minutes Thursday, February 22, 2007 9:00 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 February 22, 2007 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS PART B PZ - PLANNING AND ZONING ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present Chairman Gonzalez, Commissioner Sarnoff, Vice -Chairman Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 22nd day of February 2007, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Angel Gonzalez at 9:26 a.m., recessed at 12: 06 p.m., reconvened at 2: 35 p.m., and adjourned at 6: 07 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Pamela Burns, Assistant City Clerk Chairman Gonzalez: Well, good morning, ladies and gentlemen. Welcome to the February 22, 2007 meeting of the City ofMiami City Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Vice Chairman, Tomas Regalado, Michelle Spence Jones, Marc Sarnoff and me, Angel Gonzalez, Chairman. Also on the dais are Pedro Hernandez, City Manager, Jorge Fernandez, City Attorney, and Pamela Burns, Assistant City Clerk. The meeting will be opened with a prayer by Commissioner Sanchez -- Vice Chairman Sanchez and the pledge of allegiance by Commissioner Regalado. City ofMiami Page 2 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES NO MAYORAL VETOES Chairman Gonzalez: We have no vetoes from the Mayor's Office to report. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: OK. We need to approve the minutes of the Planning & Zoning meeting of January 25, 2007. Is there a motion? Vice Chairman Sanchez: So moved. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion -- Commissioner Regalado: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. ORDER OF THE DAY Chairman Gonzalez: We have no presentation or proclamations this morning? Do we? I don't think so. We will now begin the regular meet -- I'm -- the regular meeting. The City Attorney will state the procedure to be followed during this meeting. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Good morning, Mr. Chairman, Commissioners, members of the public. Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override the veto by a four fifth vote. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, nor other audible sound or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or a Commissioner are allowed. No signs City ofMiami Page 3 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 or placards are allowed in the chambers. Persons exiting the Commission chambers shall do so quietly. Persons may address the City Commission on items appearing on the 'public hearings" portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk, as soon as possible, of the desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will be speaking should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, and the meeting will end either at the conclusion of the delib -- of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. PZ (Planning & Zoning) items will begin after 10 a.m., and at that time, I will read the very short script with regard to the protocol for conducting P&Z meetings. Thank you, Mr. Chairman. It's a very short regular agenda that you have. You only have consent item and one public hearing, as well as the blue pages. Chairman Gonzalez: Right. CONSENT AGENDA CA.1 07-00148 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDING FROM THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES, IN AN AMOUNT NOT TO EXCEED $500,000, FOR THE VIRRICK PARK COMMUNITY CENTER LIBRARY PROJECT, AS STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS FOR THE ADMINISTRATION OF SAID GRANT. 07-00148 Legislation.pdf 07-00148 Exhibit .pdf 07-00148 Summary Form.pdf 07-00148 Master Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0098 CA.2 07-00149 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), TO ENTER INTO AN AGREEMENT WITH AMERICAN FORESTS, TO PROVIDE AN URBAN ECOSYSTEM ANALYSIS OF THE COUNTY; AUTHORIZING PAYMENT TO THE COUNTY, IN AN AMOUNT NOT TO EXCEED $15,732, FOR THE CITY OF MIAMI'S PORTION OF SAID ANALYSIS; ALLOCATING FUNDS FROM THE TREE TRUST FUND ACCOUNT NO. 11500.151000.540000.0000.00000. City ofMiami Page 4 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Votes: 07-00149 Legislation.pdf 07-00149 Exhibit .pdf 07-00149 Exhibit 2 .pdf 07-00149 Exhibit 3 .pdf 07-00149 Exhibit 4 .pdf 07-00149 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0099 CA.3 07-00179 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE Planning TRANSFER OF DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT MASTER PLAN RECOVERY FEES, IN A TOTAL AMOUNT NOT TO EXCEED $615,000; ALLOCATING SAID FUNDS FROM FUND 10400, PROJECT NO. 127001, TO THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, FOR THE PREPARATION OF REPORTS AND ANALYSIS NECESSARY FOR THE INCREMENT I AND II OF THE MASTER DEVELOPMENT ORDER AND TO PROCEED WITH THE DEVELOPMENT AND PREPARATION OF THE INCREMENT III PROGRAM, AS APPROVED BY THE CITY MANAGER. 07-00179 Legislation.pdf 07-00179 Summary Form.pdf Motion by Commissioner Spence -Jones, 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 R-07-0100 Chairman Gonzalez: CA.3. Commissioner Regalado: The question is -- this money, I understand, is coming from DDA (Downtown Development Authority) for DDA, but was it paid already? Was the study done or we are authorizing the study? Carmen Sanchez (Assistant Director): Good morning, Commissioner. Carmen Sanchez, Department of Planning. The funds that are for your consideration are -- have been collected already through permit fees that development pays within the DRI (Development of Regional Impact) area. Those funds have been collected. They're not general funds. They're not future funds to be collected. They are ready and available now, and that is for a study to be done for Increment III of the development order, and it takes approximately two years to put all of that together. Commissioner Regalado: So the study has not been done? Ms. Sanchez: No, sir. Commissioner Regalado: Oh, because yesterday my understanding was, in the briefing, that the study had been done. City ofMiami Page 5 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Hs. Sanchez: No, sir, it has not been done. Commissioner Regalado: And do we need to approve the study first? Hs. Sanchez: Absolutely. The study will be approved and will be brought before you for your consideration. Commissioner Regalado: But we have to approve the study first or -- Hs. Sanchez: Once it gets done. It go -- Commissioner Regalado: No, no. I understand that, but what is this study for. Hs. Sanchez: It's for the -- it's the development order -- it's Increment III of the development order, and basically, is the program for that increment, for the downtown DRI. Commissioner Regalado: Still, I don't understand what is the purpose. Is this to expand the -- Hs. Sanchez: No. Commissioner Regalado: -- the affordable housing? This doesn't have to do anything with the affordable housing, to expand --? Hs. Sanchez: No. It's just basically -- Jeff Bercow: Let me -- Hs. Sanchez: -- Increment III of the development order and all it does right now is looking at the different parts of it. Jeff Bercow is here from the DDA, and if you care, he can give you additional details on that. Hr. Bercow: Thank you, Carmen and Commissioner Regalado. Jeff Bercow, vice chair of the DDA. What Carmen told you is substantially correct. However, a portion of the funds is going to reimburse DDA for studies already done. One for -- one is the affordable housing study, and the other, it was a study that was done to determine that we were running out of credits for -- Increment I? -- for Increment II, so a portion of these funds will go to reimburse DDA for planning services that have already taken place. The majority of the funds will be going for planning and consulting services that are necessary to move to the next increment, Increment III. The downtown DRI, we have found, has been the single greatest tool that downtown has to attract development -- that the DDA has to attract development to the downtown area, because we have done master planning for the entire downtown district, and that allows us to obtain a development of regional impact approval, which then exempts individual developers from the requirement to go through the process, which is very timely, time-consuming, and very expensive for those developers, so we've basically done all of that work for them. We've had the downtown DRI in effect since 1987. There are three phases. The first phase was intended to go through 2000. It went -- actually got extended through 2002. The second phase is -- second increment is the one that we're in now, and we expect that those credits will be used up within the next year and a half to two years, so we need to begin increment -- or planning with Increment III at this point. Commissioner Regalado: Thank you. Commissioner Sarnoff I have a question. Commissioner Spence -Jones: I -- City ofMiami Page 6 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Sarnoff Could you --? Commissioner Spence -Jones: Um -hum. Commissioner Sarnoff So each individual building owner would be responsible to present their aspect of a DRI, but you are the warehouse for that. You take care of that for them, right? Mr. Bercow: That's correct. We relieve them of that requirement. However -- Commissioner Sarnoff Do they reim --? Mr. Bercow: -- they still must go through the MUSP (Major Use Special Permit) process and get permits, and they -- at the time they pull permits, they pay fees to reimburse DDA for these planning services. Commissioner Sarnoff So you're an economy of scale of sorts? Mr. Bercow: Correct, absolutely, and part of those permit fees also go to pay for transportation improvements and air quality monitoring and modeling. Commissioner Sarnoff Now this next phase is required as a result of the density that we've already created, right? Mr. Bercow: That's correct. We've, quite frankly, absorbed more of the increment as a result of our real estate boom than we would have anticipated at the time we went through the process in 2002. Chairman Gonzalez: Any further questions? Commissioner Spence -Jones: Jeff -- I just have one quick question. Jeff -- Chairman Gonzalez: Yes. Commissioner Spence -Jones: -- I know that I -- in speaking to the City Manager yesterday to kind of get a further briefing on it, I understand that the CRA (Community Redevelopment Agency) also has the -- something very similar to this, is that correct? Mr. Bercow: That's correct. The CRA has an area -wide DRI as opposed to a downtown DRI. You are also in Increment II and increment -- those credits are being exhausted as we speak. Commissioner Spence -Jones: So this same item or similar item will be coming in front of us too. Mr. Bercow: That's correct. Commissioner Spence -Jones: OK. Do we -- I asked the City Manager to, at least, give me some sort of account as to where we are, because I'm sure, at least in the CRA's -- from the CRA's perspective, we should be at -- I mean, our number should be looking pretty good there, too, is that correct. Mr. Bercow: I know that the CRA has received a number of memos and information from its consultants regarding the status of its increment, potential expansion, and the types of land uses to be addressed in Increment III, and I know those consultants believe that it's time for the CRA to move forward. City ofMiami Page 7 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: OK. All right. Thank you, Jeff. Pamela E. Burns (Assistant City Clerk): Excuse me. Mr. Bercow, for the record, are you speaking as a member of the DDA? Mr. Bercow: Yes, Vice Chair of the DDA. I've already signed the form. Ms. Burns: Thank you. Chairman Gonzalez: All right. Do I hear a motion on CA.3 now? Commissioner Spence -Jones: So moved. Chairman Gonzalez: Is there a second? Commissioner Regalado: I'll second the motion. Chairman Gonzalez: And -- we have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. That concludes the -- Mr. Bercow: Thank you very much. Chairman Gonzalez: You're welcome. -- consent agenda. Adopted the Consent Agenda Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chairman Gonzalez: Now we're going to go into the consent agenda. Are there any items that want to be -- you want to pull for discussion or you want to defer? OK. Seeing none, we need a motion to approve the consent agenda. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: I have a question on CA.3. Chairman Gonzalez: CA.3. OK Commissioner Regalado: OK. Chairman Gonzalez: CA.3. Who can answer --? Vice Chairman Sanchez: I move CA.1 and CA.2. Chairman Gonzalez: All right. City ofMiami Page 8 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion on CA.1 and CA.2. All in -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 9 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 07-00251 DISCUSSION ITEM DISCUSSION CONCERNING A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATIONS OF THE CITY OF MIAMI ("CITY") GREEN COMMISSION WHICH HAS DEVELOPED A CITY TREE MASTERPLAN BUILDING UPON THE RECOMMENDATIONS PROPOSED WITHIN THE MIAMI-DADE COUNTY ("COUNTY") STREET TREE MASTER PLAN WHICH PROVIDES THE FRAMEWORK TO DESIGN AND IMPLEMENT STREET TREE PLANTINGS THAT COMPLEMENT THE PURPOSE AND INTENT OF THE LANDSCAPE AND TREE ORDINANCES TO BE USED AS MINIMUM STANDARDS IN ORDER TO ENHANCE THE COUNTY TREE CANOPY TO A MINIMUM OF 30 PERCENT COVERAGE, COUNTYWIDE BY 2020 . 07-00251 Cover Email.pdf 07-00251 Exhibit.pdf DISCUSSED Discussion on the item resulted in the resolution below: (M.1) 07-00251a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATIONS OF THE CITY OF MIAMI (the "CITY") GREEN COMMISSION WHICH HAS DEVELOPED A CITY TREE MASTER PLAN INCORPORATING THEREIN THE RECOMMENDATIONS PROPOSED BY THE MIAMI-DADE COUNTY STREET TREE MASTER PLAN (COLLECTIVELY, "THE PLAN") CREATING MINIMUM STANDARDS IN ORDER TO ENHANCE, RESTORE AND STABILIZE THE CITY'S TREE CANOPY COVER SO AS TO REACH THE GOAL OF A MINIMUM OF 30 PERCENT TREE CANOPY COVERAGE, CITY-WIDE, BY 2020; FURTHER DIRECTING THE CITY MANAGER TO IDENTIFY APPROPRIATE RESOURCES AMONG CITY DEPARTMENTS AND AGENCIES TO ENSURE THE PROMPT AND SUCCESSFUL IMPLEMENTATION OF THE PLAN, AS IT MAY BE AMENDED FROM TIME TO TIME. Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0103 Chairman Gonzalez: Now we're going to go to the blue pages. Mr. Mayor, good morning, sir. You're recognized. Mayor Manuel A. Diaz: Thank you, Mr. Chairman. Good morning to all of you. You have before you a resolution. Over the course of the last five years, with your support and your help, City ofMiami Page 10 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 the City has engaged in a very strong and aggressive environmental agenda. It's been tough because we had been fighting decades of neglect. I don't need to tell all ofyou. In most of your districts, you've had our predecessors dump toxic wastes either in waterways or in parks, right, Mr. Chairman? And over the last few years, we've had programs, such as the Clean Up Miami, or a retrofitting of stormwater drainage systems, several dredging projects in our waterways, environmental assessment and remediation in areas like Virginia Key, Grapeland, Fern Isle, Little Haiti; five-year plan to improve water quality; the Adopt -A -Waterway Program, which was the first of its kind in the country. We've committed over $100 million to a storm drainage master plan. Our storm sewer regular maintenance cleaning programs are brownfields programs. All those had been implemented over the last few years; numerous projects, as well, relating to our trees, including the fact that over two years ago, we enacted our first -ever free protection ordinance. Over the last couple of years, the environmental agenda has been moved to a new level. As many of you know, I was the first of a group that joined Mayor Nickels from Seattle in signing what is known as the Mayor's Climate Protection Agreement. I'm happy to report that today there're approximately 400 mayors around America representing 58 million people in this country who have, by signing this, agreed that it's time that cities control their own destinies, since the support from the federal government and the state governments has not been forthcoming. In the State of the City last year, we outlined the initial plan of some of our efforts, including the creation of a Green Commission, which is being led by Commissioner Sanchez, our green Commissioner, who's doing a great job with the group. We have some members who are here today. I'd like to recognize them. Alyce Robertson and Christina [sic]Acorn from the County's Community Advisory Image Board -- You want to say hi? Hi. -- Jeff Shimonski from Parrot Jungle, and Edith McClintock for Citizens for a Better South Florida. The Green Commission has developed, basically, a three prong strategy. First, working with our staff with the Administration, there are a number of operational challenges that we have and that we're looking at in terms of making some changes. You've heard me talk about changing our fleets, bringing more either hybrid or alternative fuel vehicles into the City fleet;; our procurement process is being looked at so we can begin to acquire green, friendly products in our City's operations; a number of energy -savings measures that are being looked at as well, and Glenn Marcos and Kelly Barket and others are really to be commended for the work that they've done up to now. The second phase of it is the Green Building legislation that we've been working on. We've got several members of the United States Green Building Council that form part of the Green Commission. We -- they've been working with Liz Plater-Zyberk as part ofMiami 21, and together, they are developing some pretty, I think, aggressive and pretty model green building legislation that should be coming before you probably in the next 30 to 60 days. I'm happy to report that there is probably somewhere in the vicinity of a billion dollars worth of green building projects in the City today, and to that end, I also want to commend Hector Lima, the Building Department, and the Planning Department, who are really working on this, and have embraced this notion, and in fact, I think at the end of this month, the beginning of next month, we're going to have a tenth of our employees go through certification so they actually become accredited professionals of the Green Building Council. Enhancing our tree canopy is the third phase of this program, and as the resolution in front ofyou points out, trees help beautify and civilize the hard edges of urban life, make our city more pedestrian friendly and walkable; they lower urban temperatures by providing shade and reducing urban heat island, clean the air, significantly reduce energy costs, enhance property values, reduce stormwater runoff and also is important, absorb greenhouse gases; thereby becoming a valuable tool in combating global warming. Before you is a resolution which sets forth the first -ever City Tree Master Plan. The broad goal is that we want to increase our canopy to over 30 percent by the year 2020. The plan outlines several steps in getting us to that point. The first one deals with data collection. Today you just approved in CO.2 -- in CA.2 a memorandum of understanding, with the County, that the County has already approved, I think, in committee, and is going to -- for final approval, I think, at the beginning of next month, right, and in that we're going to hire American Force to do an urban ecosystem analysis of our city. This is incredible software. If you look at the master plan, in page 5, it highlights all the different types of uses that it has, but essentially, for our purposes, it's primarily an identification of where our canopy is and where we need to go, and it can be City ofMiami Page 11 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 used by planners and developers and others as we develop our long-range strategy to meet this goal of 30 percent;; tracking coordination of our existing citywide tree plantings, which will be tracked through this program and through our 311 CitiSTAT system; identification of additional funding sources so that we can continue to increase our canopy; professional development, which means that not only are we going to train, professionally, our City internal staff to achieve a certification from the International Society ofArboriculture, ISA, but also require that outside vendors, who we procure for services in the City, also have people on staff that have such a designation, and then finally, we're going to have a very strong public awareness campaign that will include not just our resources in terms ofMiami TV (Television) and Miami radio, but general PSAs (Public Service Announcements) on the general media. We're going to have Web page dedicated to this issue. We're going to create informational kits that will be provided not just to community forced [sic] or workshops, but also through our NET (Neighborhood Enhancement Team) offices, and the kids will accrue brochures from all of our partners, seat packets, and even discount coupons from local stores and nurseries so that they -- our citizens can go get discounts in buying trees, and a strong citizen education program, and finally, I want to thank Robert Ruano, Mary Conway, Stephanie Grindell, Kelly Penton, Mariano Loret de Mola, and others in the City who have also embraced this area and have made this possible, and I ask for your support of this resolution. Thank you. Chairman Gonzalez: Thank you, sir. All right. Is there a motion on the Mayor's -- Commissioner Spence -Jones: So -- Chairman Gonzalez: -- resolution? Commissioner Spence -Jones: -- moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Vice Chairman Sanchez: Mr. Chairman, ifI may, on this. Chairman Gonzalez: Yes. Vice Chairman Sanchez: This is exactly what I believe that we should be doing, and it's going back to the basic, and basically, working with the homeowners association and all those to apply the resources that we have now to try to replace that 30 percent canopy, as we have worked with the schools, and I want to take the opportunity to praise the Mayor for the leadership on this and the committee, who has worked very hard. The public awareness is a great idea, but I think there's another enhancement to that, and that is the education program; that we need to educate people on the awareness of our environment, and people just need to be more aware and read more and look at the news nowadays to see that the world is changing, and if we don't start doing something about it, maybe the next generation, the next generation may not enjoy what we enjoy, so I think it's a great concept, and I think that the City should work very hard to push forth a great campaign to not only create public awareness, but also on the education program aspect of it, so thank you so much, Mr. Chairman. Chairman Gonzalez: Thank you, sir. DISTRICT 1 City ofMiami Page 12 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-00100 ORDINANCE First Reading AN ORDINANCE OF THE CITY COMMISSION AMENDING CHAPTER 62, ARTICLE X, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/TREE TRUST FUND, " BY PROVIDING FOR DEPOSITS OF FINES COLLECTED FOR ILLEGAL TREE REMOVAL, FOR THE USE OF THE TRUST FUNDS TO RELOCATE TREES WITHIN THE CITY OF MIAMI ("CITY"), AND FOR PERIODIC DISTRIBUTION OF SAPLINGS AND SHRUBBERY TO THE PUBLIC TO ENHANCE TREE CANOPY COVERAGE AND GREENERY IN THE CITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00100 Legislation.pdf Votes: Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. D2.1. Commissioner Sarnoff That's me, right? Vice Chairman Sanchez: Yeah. Chairman Gonzalez: Yes, sir. Commissioner Sarnoff OK. Vice Chairman Sanchez: So move. Second? Commissioner Spence -Jones: Second. Commissioner Sarnoff Oh, ifI don't have to discuss it, that's great. Vice Chairman Sanchez: Well, there's a motion and a second, and we'll discuss it. Commissioner Sarnoff OK. Chairman Gonzalez: Yeah, we should discuss it because I want a discussion on this item. Commissioner Sarnoff Well, you just heard the Mayor discuss our free canopy and how to increase it by 20 percent, and that is an absolute laudable goal, and I can't say enough about that particular project. What I'm proposing for you today here is a free ordinance, a free ordinance that will allow us to increase our canopy, maintain our canopy, and there are three pieces of legislation before you; one is the Tree Trust; the second is the actual Code enforcement fines, and the third being the tree ordinance itself. Let me go to the more logical, to the tree ordinance. This tree ordinance will make it more difficult for developers to take down trees. It will also protect what we're seeing predominantly in the Grove, which is City frees being taken City ofMiami Page 13 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 down because of the planning of putting a driveway in a new home that's not in the building footprint and not having any design criteria to go around that tree, so that's one of the aims that it fries to achieve. We -- I've learned something in terms of legislating that this fruly is like making sausage. It's not pretty, and it is a camel because it is made by committee, and there are certain compromises we made here, such as we allowed Code Enforce -- we allowed Capital Improvements Transportation. We allowed for Stephanie Grindell's department, Public Works, to be able to root prune without having to procure a permit, and I understand why that is, and I understand that that's the compromises you make, but this particular tree ordinance itself would -- will put teeth in recidivist tree killers. Our experience is that recidivist free killers in the Grove tend to be corporations that continue to kill trees as they build across, whether it's West Grove or whether it's Center Grove, or whether -- now it's North Grove, and this tree ordinance itself I believe, will provide a mechanism to increase the fines to a recidivist to $15, 000. Now, for our homeowners, there is a break, in that the homeowner is treated identical in this tree ordinance as they would be as it stands today for one free, for one free per year, so that they're not -- there's no change to a homestead homeowner today, so if they mistakenly, even if they on purpose, were to take down a free, they would be treated identical as they would be today. I know that's important to many of the Commissioners here, and that's -- The aim of this ordinance is not necessarily to go after homeowners, although I will say this. A person that kills trees for no reason or without at least procuring a permit is, nonetheless, a person that's destroying probably the best hedge you have to what are known as heat islands, and heat islands are probably the biggest contributors to global warming that you can consider, other than an air -- airplane travel, so that's the tree ordinance. The Code enforcement ordinance that we are changing, which I think is D2.2, is the ordinance that will allow us, only for trees, to increase the fines. It only applies to trees, so it's not anyone going to be concerned or should not be concerned with dilapidated cars parked on your -- you know, on your property, or any other Code enforcement issue. It will not apply to those type of scenarios. It'll only apply to trees. Commissioner Spence -Jones: Commissioner Sarnoff, I just want us to be clear, because I know we're jumping from one different item to the next, and we were discussing D2.1. Can we, at least, resolve that issue first? And if there's any discussion on that -- I think you did get a motion and a second on that. The only thing thatl wanted to, at least, add to it, and it's just a friendly amendment, and I know that the importance of trees, but do want to also, perhaps, include, if we could, you know, shrubs, or greenery, period, to the Tree Trust fund, because I think that if we're moving in the area of trying to green the City, I would like to be able to, at least within my district, have the opportunity to have more greening happening, period, because, quite frankly, I just don't have enough in my district, so that's the only friendly amendment that would like to add to it, is to include any kind of greening, shrubbery, or you know, plant or whatever the case - - foliage, or whatever the case may be in areas, because I really need it, so -- Commissioner Sarnoff I have no opposition to that -- Commissioner Spence -Jones: -- OK, so -- Commissioner Sarnoff -- amendment. Commissioner Spence -Jones: -- do I just -- Mr. Chairman, do I amend that to -- for the Tree Trust? Chairman Gonzalez: Yeah, you may amend it. Commissioner Spence -Jones: I can -- so I can -- Vice Chairman Sanchez: Maker of the motion accepts the amendment for the record. Chairman Gonzalez: All right. City ofMiami Page 14 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: To include -- Vice Chairman Sanchez: Shrubbery. Commissioner Spence -Jones: -- shrubbery and -- Chairman Gonzalez: Any further discussion? Commissioner Spence -Jones: -- greening. Chairman Gonzalez: All right. Let me tell you what -- anyone else wants to speak on the item? You want to speak on the item? Go ahead. Commissioner Spence -Jones: On D2.1, we've passed that one, right? Chairman Gonzalez: Pardon me? Commissioner Sarnoff Yeah. Commissioner Spence -Jones: We finished with D2 -- oh, we got more on D2.1? Chairman Gonzalez: Yeah. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: Item -- Chairman Gonzalez: We got D2.2 and D2.3. Vice Chairman Sanchez: That item is under discussion. Commissioner Regalado: Yeah, but on D2.1 -- thank you, Mr. Chairman -- I think it's important to understand the purpose of this change, and I, personally, was a little concerned at the beginning, that everyone will be treated equal, because you have -- Chairman Gonzalez: And everyone is going to be treated equal. Commissioner Regalado: The briefing that I got is precisely what Commissioner Sarnoff said, that people with homestead exemption will not be punish by this change. They would have the same criteria that is being follow now, and the reason is that sometimes people, by mistake -- and we had that case twice after Wilma, some people just decided, you know -- the branches fell on the roof and they decided, oh, well, I'm going to get rid of this mango free in our district, and they had a nightmare because they were cited and all that. These people didn't understand, and we all know that knowing -- not knowing the law is not excuse, but we need to separate the two issues. In case of people building either mega mansions or buildings, they need to understand that we're going to go after them, but in the case of people with homestead exemption, which is the majority of the people in the City, we can -- we should treat these people different, and that's all I wanted to find out, and according to the City Attorney and to the Commissioner introducing the motion, that's the way it is, so I don't have concerns on this change. Vice Chairman Sanchez: Call the question. Oh, I'm sorry. Chairman Gonzalez: No. I -- City ofMiami Page 15 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Vice Chairman Sanchez: You wanted to talk. Chairman Gonzalez: -- just wanted to comment on it. On D2.1, I don't have a problem. I don't have a problem incrementing the canopy. I don't have a problem doing a campaign to inform the people. I don't have a problem on planting more frees. I don't have a problem on creating a trus -- a fund for -- to buy more trees and to plant more trees in the City ofMiami, butt have -- do have a real serious problem on incrementing fines to the excess that we're talking about. We're talking about a $1, 000 fine, and let me tell you. I have been watching Code enforcement meetings, meeting after meeting, and I have seen a lot of people, people from my district. People from my disfrict are not rich. People from District 2, you know, you have the most powerful people living in District 2. They have a lot of money that they can pay all the fines that they have to pay because they have plenty of money to pay fines, but in my district and in some of the disfricts of the City ofMiami, the less -- Commissioner Spence -Jones: Fortunate. Chairman Gonzalez: -- privilege people in the City ofMiami live in my disfrict and other two disfricts of the City ofMiami, and they are about to lose their homes because they can't pay the taxes and they can't pay the insurance, all right. Now we're going to give the City another tool to impose a lien on these people's property so they can also lose the property because of -- because cutting a free. I do have a serious problem giving more power to the Code Enforcement Office to fine the people at a thousand dollars a day or five thousand dollars a day. I mean, I think that's oufrageous. That's totally oufrageous, and I -- you know, that will go against -- I had an incident -- two incidents in my district where a condominium association, they frim their trees, and they were fined $50, 000, and we're talking about a working class community. We're not talking about rich people, wealthy people, you know, people that own businesses and make a lot of money. No, no. We're talking about hard-working class people. Fifty thousand dollars, and their apartments had to be -- you know, was a special assessment to cover the fines. I'm in favor of protecting frees. I'm in favor of having a campaign to plant more trees, to do anything that we need to do; you know, inform the people, have a campaign to inform the people how important frees are, but most of the people out there in my district, and in some of the other disfricts, they don't know about regulations cutting frees, they don't know about regulations on trimming their trees, you know, and we're going to do is just crucify, so I'm willing to support D2.1, but I'm telling you, I'm going to be opposing D2 -- you know, whatever it is to increase the fines and the power of the Code Enforcement inspector to assign a $1, 000 fine a day and a $5, 000 fine. I mean, I don't think we have anything in the City ofMiami that you could be fined $5,000. Mr. Attorney, is there any other cost for the City to fine someone $5,000 a day? Jorge L. Fernandez (City Attorney): No. By going this route, D2.2, we are maximizing the City's ability to impose that high of a fine, and that's why we need an amendment to the ordinance, so that in the case of violation of the tree ordinance, then, through Code enforcement mechanism, we can impose the maximum allowed by state statute. Chairman Gonzalez: All right. Well, that was my comment. Commissioner Spence -Jones: Mr. Chairman, if you don't mind -- Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: -- I'd like to, at least, expand a little bit on it, and that's the reason I was trying to make sure we separated the items because it kind of all went together. I do agree with the Chairman from the standpoint of in our communities in which we serve, especial -- I can say, at least, within District 5 -- Chairman Gonzalez: Yeah. City ofMiami Page 16 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: -- one of the biggest issues that many of my constituents complain about is them not really understanding the violations or understanding -- or being educated on the violations that they're even committing, not just on -- Chairman Gonzalez: And -- Commissioner Spence -Jones: -- cutting trees. I'm just saying -- Chairman Gonzalez: -- if you -- Commissioner Spence -Jones: -- in general. Chairman Gonzalez: -- allow me. There're a lot of people now, they're not taking insurance on their homes because they can't afford them. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: People that -- poor people that live in your district, in my district -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- and as a matter of fact, in Little Havana -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- OK. Those people, when the hurricane season approach, they're going to be frimming their frees because they don't have insurance to cover the roof -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- OK, and if a branch breaks from one of the frees, it's going to fall on their roof and then they're going to be without a home -- Commissioner Spence -Jones: Right. Chairman Gonzalez: -- OK, so they're going to be out there frimming their frees trying to protect the property because they don't have the money to protect their property, opposed to people in other districts where they can pay any kind of insurance and they can pay any kind of (INAUDIBLE) -- Commissioner Sarnoff Mr. Chairman, can I --? Chairman Gonzalez: -- OK -- Commissioner Spence -Jones: I -- Chairman Gonzalez: -- so -- Commissioner Spence -Jones: -- I was -- if you don't mind, I really want to, at least, finish my statement on it -- Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: -- Mr. Chairman, and then I'll turn it back over to the City ofMiami Page 17 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner that actually proffered the item. I -- so on that end, for me, you know -- and I've been saying this for -- since I've been here, Commissioner Sarnoff how important it is for Code Enforcement to come up with some sort of educational campaign to the community to let them know about the type of violations that they're getting in their areas, and I'm -- if we just -- we're speaking from a free standpoint, you know. When I'm speaking about my -- the folks thatl represent in Little Haiti, most of those folks speak in Creole; you know, they're getting fines left and right, and liens on their houses left and right, and losing their homes because of them not knowing or being educated on those particular issues when the violations occur, and for me to sit and vote on an item knowing that, really, I would only be creating a even bigger issue by increasing the fine, causes me great alarm. Now, while I do agree that we don't want any trees to be cut down because, again, I think that it's important for us to have -- I just complained on the item prior to this about how important it is for us to have trees and greenery in my district, and not having that creates, to me, a real big issue, but don't want to create a even bigger issue with the folks that just clearly, you know, don't understand the significance of it happening, so I would like to suggest that, through Code Enforcement and through the Manager, we look at ways to truly educate the community about the offenses that will occur if they decide to cut a tree, not put -- you know, handle any certain violations that are happening within -- in their -- on their private property, because there's definitely a disconnect between City government and the people that live every single day, you know, the business -- small businesses that are frying to survive that, you know, are constantly being hit left and right with these fines, and I do understand, you know, that we can't allow for them to do it, but we do have a responsibility to make sure that we do whatever it takes to educate the public so they're not put in a situation where they're losing. I would like to add to your item, and I -- because at the end of the day -- I understand what Commissioner Sarnoff is probably, most likely, trying to go. In Coconut Grove -- I mean, everyone knows the Grove is being -- is known for its frees, its beautiful trees. I mean, if we could take the Grove and, you know, dump it in all of our districts just with the number of trees that are there, we -- we'd all want to do it the next day, but my question is, Commissioner Sarnoff, is there any way that we can maybe perhaps look at -- for instance, in my disfrict, I have Buena Vista, which has a lot of great trees in Buena Vista, or Spring Garden that has a lot of great trees, and I believe in this last time that you introduced this, I mentioned something about historic communities, you know, and -- well, we know that there is a greater number of trees in those areas. Is there any way that we can carve out in these particular communities where we know that they're historic communities -- because I know my Spring Garden folks has the same issues. I know my -- Commissioner Sarnoff Well -- Commissioner Spence -Jones: -- Buena Vista folks have the same issues. Commissioner Sarnoff -- let me just address some of the statements that have been made. Let me give you a perspective. In the first place, approximately $628, 000 have been levied in fines -- Vice Chairman Sanchez: Mostly in your disfrict. Commissioner Sarnoff -- OK. Of that, the Grove accounts for $579, 000 of those fines, and I just all want to give you a little sobriety here, because the only other Commissioner that's even had any kind of fines to speak of is Commissioner Sanchez, and he had $25, 000 in fines. Commissioner Spence -Jones: Can you repeat the fines again for me? Grove was what now? Commissioner Sarnoff The Grove accounts for -- the total fines collected, 628, 000. The Grove accounts for $580,000 of those fines. Commissioner Spence -Jones: OK. City ofMiami Page 18 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Sarnoff If you throw Commissioner Sanchez's disfrict in there, he accounts for 25,000. To give you a perspective of how many people you have in your districts committing these, or at least being found to have committed these violations, Commissioner Regalado's had 16people; Michelle Spence -Jones, you've had 21 people; Commissioner Gonzalez has had 11 people; Commissioner Sanchez has had 15 people, and my district has had 127 people, so I -- the perspective -- and I just want to give you a bit of sobriety to the statements that you made that it may very well have happened, that one or two people have been caught up in a system. A couple of other things I want to say and alleviate some of your concerns. If there is a hurricane and your house has been imperiled, which means your tree is leaning, this Code allows you to take down that free on an emergent basis. There's nothing about this particular ordinance -- I don't want you to think, oh, my God, the tree is leaning, the wind has hit. What am I going to do? I can't afford this five -- you could take the tree down. All it asks you to do is have photographic evidence of it, so this emergency issue is covered in the ordinance. In terms of what fines are intended to do, fines are not intended to be levied. They're supposed to act as a deterrent. They're supposed to defer you from killing a free. It's supposed to be a way of saying to a person, there's a cost attendant to taking down frees illegally. It doesn't mean you cannot get -- you cannot pay $60, which may be an issue for some, and take down up to six frees, should our particular City agencies determine that tree should come down. There's nothing here that says you can't do it the right way. Should you do it the wrong way, there is a penalty involved, and that's as it should be. There is no way the Mayor's ordinance, his initiative, will work -- it is an absolute waste of money, a waste of manpower, a waste of thought to turn around and to increase our canopy by 20 percent, and then have a tree ordinance that is essentially ineffective, so there's a saying in life. You know, it's one thing to talk the talk, but sometimes you've got to walk the walk, and this ordinance will allow you to walk the walk. Commissioner Spence -Jones: Right. Mr. Chairman. Chairman Gonzalez: Yes. Go ahead. Commissioner Spence -Jones: Commissioner Sarnoff, I just want to make sure that we, at least, have some agreement on the fact that there definitely needs to be some sort of educational type of campaign that are happening, especially -- I'm going to say this to you -- in our underserved communities, and I'm talking about -- I can only speak from my district perspective, the folks that I represent, Little Haiti being one of them. They're getting pushed out of their neighborhoods left and right, and a lot of it is around them not really understanding or the information not being out there for them to deal with the violations that are taking place, and that is a responsibility that the City has to, you know, take hold of to begin communicating or educating our public because it is an issue in my district. I support the -- what you're frying to do 100 percent. I'm just asking, in areas where, you know, we have historic communities, such as, you know, like you said, in Coconut Grove and Buena Vista and Spring Garden, where we know that they're -- you know, frees make up those neighborhoods -- is there any way that we can -- because I'm telling you, it's going to be a issue in my disfrict. Chairman Gonzalez: It is going to be an issue. Commissioner Spence -Jones: It's going to be a issue in my district, and whether or not you outline 15 people that -- in my district that might have been fined for it, the minute people know, Code enforcers know that this is -- it is going to be become like the number one issue that folks begin to address in neighborhoods -- and not saying that it's not important. It's very important -- Chairman Gonzalez: It is important. Commissioner Spence -Jones: -- but it's also important for people not to lose their houses, and it's also very important for people not to lose their businesses -- City ofMiami Page 19 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Sarnoff Well -- Commissioner Spence -Jones: -- so I'm just asking the question, because I know that you made a point of saying that in the Grove itself you had 520 -- 580 -- Commissioner Sarnoff Thousand dollars. Commissioner Spence -Jones: -- thousand dollars worth offines, so clearly, you have identified an issue in your disfrict, correct? I mean -- Commissioner Sarnoff Oh, absolutely. Commissioner Spence -Jones: -- this is -- compared to all of us -- ifI was in your shoes, guess what? I'd be proposing the same thing, because it is a problem, butt want you also to sit in my shoes, too, to see that I also have an issue happening within my district where, you know, the folks within my district, because there's not a strong enough educational campaign that's happening around these fines and these violations, people are losing their homes, people are losing their businesses, people can't afford to even live within my disfrict -- Commissioner Sarnoff Well, I mean -- Commissioner Spence -Jones: -- so I'm -- and I'm not saying that's all going to happen because of the trees -- Commissioner Sarnoff Right. That's what -- Commissioner Spence -Jones: -- by all means -- Commissioner Sarnoff -- and that's my point. Commissioner Spence -Jones: -- I'm just asking is there any way for us to, at least, look at our historic communities that we know that there is a real issue of this happening? Commissioner Regalado: Mr. Chair, just -- Chairman Gonzalez: Yes. Go ahead. Commissioner Regalado: -- one comment. The fact that we change the ordinance doesn't have to mean that Code Enforcement should be more proactive. As it is today, Code Enforcement is enforcing the ordinance as it is. The purpose of Code Enforcement is not to be a money -making operation, but to be in compliance. Chairman Gonzalez: But if you allow me, it has become a money -making operation. You know how much money they have collected this year? Over $1 million, over $1 million, and I -- and remember that I serve on the Code -- Commissioner Regalado: Yeah, I know, I know. Chairman Gonzalez: -- Enforcement Board for three years, and the objective of the Code Enforcement Board was to get -- Commissioner Regalado: Compliance. Chairman Gonzalez: -- compliance -- City ofMiami Page 20 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Regalado: Compliance. Chairman Gonzalez: -- not to fine people, not to make money for the City. Commissioner Regalado: But that's my point. If we were to change the rule, it doesn't mean that Code Enforcement then will see, oh, there's a golden opportunity to make more money and be more proactive. That's the fear that you have, Commissioner Spence -Jones, in the different areas of the City. Now the law is the law, and they have to go out and enforce the law. I don't understand why we need to fear that Code Enforcement will change their method of enforcing the law now or the law after. Actually, Code Enforcement has bigger fish to fries [sic]. In the past ten days, Code Enforcement had, in our district, in one block discover and cited three houses; one house with three illegal units, four instances of illegal construction, a rooming house, ten people living in a two -bedroom house; the next door house, they have people living in tents, outside in the patio, and three illegal units, so this is more important for Code Enforcement to go after -- at least, that's what I think, and I hope that that is the case -- than to decide that they would focus their priorities on frees because the fine is bigger or their regulations are more strict, so I don't see a problem changing the ordinance as it is, waiving the homestead exemption case of some people. Vice Chairman Sanchez: Mr. Chairman, ifI may. Chairman Gonzalez: Go ahead. Vice Chairman Sanchez: Why is the Administration silent on this issue? Pedro G. Hernandez (City Manager): Commissioner, I don't think that -- Chairman Gonzalez: You're putting the Adminisfration -- Mr. Hernandez: -- we are silent. Chairman Gonzalez: -- in a tough position. Mr. Hernandez: We have taken a look at it. Vice Chairman Sanchez: I mean -- no, it's -- the entire process, the Adminisfration plays an important role in providing the language, providing the back-up material for the language. I want to have the input from the Administration. Mr. Hernandez: Well, obviously, in this case, the change is basically an increase or a doubling of the fines, and that, in essence, becomes a decision for the Commission at that point. Something that I wanted to point out that wasn't mentioned before is that the appeal process is still in place. The appeal process for all the residents remains as it is in the present Code, so there's no issue there. Outside of that, I think it's important to be able to -- whether you pass this or don't pass it, I think it's very important to be able to improve or upgrade the communication effort that we make, the educational component to the various neighborhoods in the City so they become more aware as to the importance of preserving the trees whenever they do construction or do the proper pruning; know when they have to pull a permit. I think that's important in either case, irrespective, and that -- I'll undertake and do that, butt wanted to remind, you know, the Commission that the appeal process is the same. We'll undertake the educational component, and what remains really is whether you feel that it's appropriate to raise the fine or double the fine as it is today. Vice Chairman Sanchez: Pete, I don't -- City ofMiami Page 21 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: OK. Mr. Hernandez: It boils down -- Vice Chairman Sanchez: -- mean to -- Mr. Hernandez: -- to that point. Vice Chairman Sanchez: Mr. City Manager, I certainly don't want to put you on the spot, but ifI have to make a decision here and make a recommendation, I think the Administration is entitled to either support the ordinance or deny the ordinance. I think, you know, that's why we have a three-tier system. That's why the legislative -- you're the administrator and the Mayor is the legis -- the -- so therefore, you have to, you know, either say you're for it or against it. Mr. Hernandez: OK. Chairman Gonzalez: May I ask -- Mr. Hernandez: I'll -- Chairman Gonzalez: -- the Manager a question? Mr. Manager, you're talking about an appeal process. Have you ever watched a Code Enforcement hearing? Mr. Hernandez: A few times. Chairman Gonzalez: How many poor people have come before the Code Enforcement Board represented by an attorney? Commissioner Sarnoff We don't need -- Mr. Hernandez: Very few, if any. Chairman Gonzalez: Very few, so if any poor people, like from my district, needs to file an appeal, they will need to hire an attorney, right? Commissioner Sarnoff No. Chairman Gonzalez: Because they don't know how to file an appeal. They don't know how to do an appeal, so they will have to hire an attorney to do an appeal for them, so that would also be another additional cost to these taxpayer, and you know, the exception about the homestead properties, well, you know, we're doing -- we are following the same frain that the State is proposing now with the cut on taxes, that they want to eliminate taxes for homestead properties, but for the poor people that rent and the poor people that have renting properties, they're going to be crossin -- they're going to -- still going to be crucified, and we're trying to do the same here. We're going to protect homestead properties, but we're going to, you know, let the other people without any type of coverage. I'm sorry for -- Mr. Hernandez: I'll -- Vice Chairman Sanchez: IfI may -- Commissioner Spence -Jones: Are you -- did you ever answer, Pete? Mr. Hernandez: No. I wanted to get to the point. City ofMiami Page 22 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: Oh, OK. Mr. Hernandez: You know, Commissioner Sanchez, I think that ftom my perspective, obviously, 85 percent of the problem is in District 2, there's no question about it, and one way to be able to move forward on this would be to make it applicable to that area through a neighborhood -- I think you do have the mechanism in place to be able to do it -- Vice Chairman Sanchez: Pete -- Chairman Gonzalez: I believe -- Mr. Hernandez: -- there -- Chairman Gonzalez: -- that's illegal. Mr. Hernandez: -- if you so desire to address it in that fashion. Vice Chairman Sanchez: Pete, listen, first of all, the environment doesn't affect one disfrict; it affects the entire City and the entire country, and the entire world on the issue. Let me just -- ifI can may -- I hate -- didn't want to put you on that spot, but ifI may on this issue. Let me just say, Commissioner Sarnoff, I am prepared to support you on this issue. If we could just fine-tune it, I think it could be done. Let me tell you what the problem here is. The problem here, I believe, is the process that we use with this ordinances, all right, and I think that we need to get this frain back on track so that we can correct the agenda, because this is not good practice. The way it should be -- and I want to take the opportunity to praise you for having the leadership to bring this up. It's a very controversial issue, but you know what? Anybody that goes out there and chops a hundred year old oak free or red oak, you know what? Fifteen thousand dollars isn't enough. Anybody who goes out there and spikes a tree, or in malice intent, to put oil, as they do, to kill that free, is done with malice intent; $15, 000 isn't enough. We are a nation of laws, and we need to work, but we need to fine-tune it where, once again, it's the art of compromising, and let me tell you what the problem here is. Items that are brought on blue pages should be items of discussion. We should bring the item -- and we've all done this. We've brought resolutions. We need to change the process, so you bring out the discussion item, the item is discussed; we have an opportunity to discuss the item, debate the item, and then, from a policy point of view, the item is presented for discussion, recommendations, idea from the legislative branch, which we are. That legislation is giving a birth, as we've done with this legislation. Once that is done, we have in that process -- we have not exhausted any expenditures or resources in funds. What we need to do, once we agree or disagree on the concept or the policy, is direct the Administration to bring it back on the agenda, on the agenda, with recommendations from the Adminisfration, and let me tell you. If the Administration does not give me a recommendation, I will not vote on something. I want recommendations from everyone, when it comes to me voting. Once we do that, the legislations comes forth with your sponsorship, the Chairman's sponsorship, or anybody, it would have your legislation basically being you're the sponsor or cosponsors. Now once that is done, the Adminisfration has had an opportunity to give recommendations, the Legal Department has an opportunity to meet and discuss the item, the proper affected departments have an opportunity to sit at the table and give recommendations, so when it comes to us, we don't have to be here doing exactly what we're doing. This is a good step in the right direction to protect trees. This has gone back, God knows when. As a matter of fact, you were a part of it when you were in the council, back and forth as to we wanted to do -- so once again, we need to create a better process. Mr. City Attorney, we need to create a better process, with better government, define process and transparency so once it comes here, it comes on the regular agenda, it comes with recommendations from everybody; we debate it; we either vote it up or vote it down, and the public has an opportunity to address the concern. That is the process that we should take on this. I think, if we do that, if we're able to do that, and continue to fine-tune some of the concerns that the Commissioners have, and they are valid concerns, we will be able City ofMiami Page 23 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 to come forth with a better ordinance with better teeth, and once again, we are focusing on deterring people from destroying trees. We want to educate people as to what they could -- let me tell you. The biggest problem that have in my district, it's hard to convince somebody that if the tree doesn't bear a fruit, it's not worth anything -- Commissioner Spence -Jones: Education. Vice Chairman Sanchez: -- and that is the only way we're going to be able to accomplish that, is through a process of education, so I would like to make a recommendation, because I could see that the votes aren't here. Let's not continue to debate this back and forth. We should make a motion directing the Adminisfration to come back with recommendations -- I suggest that we even send these ordinance to the Green Committee, which they are a part of this, and they could come forth with some recommendations, and then once it comes back on the Commission, we've had plenty of time to have the Administration give us recommendation and give us a position where they stand on the ordinance. It's notfair to Commissioner Sarnoff. It's notfair to me. It's not fair to the Commissioners to be here to be voting on something where the Adminisfration has stayed silence [sic]. Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: Let me -- Commissioner Regalado: -- ifI may. I -- I'll be very brief and I -- I would rather vote on first reading and continue the debate, but the Vice Chairman has said something that think I, personally, should respond. The fact that we have a blue page is because we have issues that we want to bring to a public debate. If we were to wait for the City Attorney and the City Manager to analyze those items and not be in the agenda until they have a recommendation, that would have a chilling effect on the public discourse. It is important that we don't do like the School Board, where now you're not allowed to bring items unless the Adminisfration feels and the chairperson believe, and you cannot discuss things that are negative to the governor. I think that it's important that we brought this, because it gives the opportunity -- because we have the Sunshine law -- to -- for the members of this body to say whatever concerns we have, but to wait to have the OK from the Administration and the City Attorney will completely defeat what is important. Some items might never be approved. Some items will not have the support of the rest of the body, but the most important thing is that this is the only time in the month that we have the possibility of coming out, in public, criticizing the Administration, praising the Administration, saying that we should do things in a different way, but to just need to wait to have a rubber stamp OK and OK from the Administration, to me it's something that is really scary, it defeats the purpose of the public debate, it will send people a chilling effect, because we have people in our districts that want issues to be discussed, and what about if the Administration is not prepare to discuss this issue? Well, so be it, we discuss this anyway. I think that twice a month, we have the opportunity of opening up this hall, which is the people's office and the people's hall, to a public debate, and I'm -- I just think that it's a very bad idea just to wait. On this case, well, fine, because the Administration needs to be part of the process of implementing, or the Code Enforcement, or whatever, but still, I think that we need to discuss freely every issue at all. If we want -- you know, if we want to discuss the global warming, well, so be it, we discuss it, or like I have here, Miami 21. You know, I think it's important to have a public debate. We -- Vice Chairman Sanchez: But not an ordinance. Commissioner Regalado: -- the Chairman conducts this meeting with total freedom for expression, and we thank him for that, but I'm a little concern about waiting just in case that someone wants to implement this issue about not having anything in the agenda until it comes with a recommendation from the Administration. Thank you. City ofMiami Page 24 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Vice Chairman Sanchez: With all due respect -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- the last time that I read the City Charter, the Administration worked for this Commission, and no one's preventing anybody from bringing a discussion item on the blue page. Bringing an ordinance, you're bypassing a very important role in this government, which is the recommendation from the Administration, department heads, and God forbid, we don't have the recommendation from the Legal Department. Commissioner Sarnoff Well, ifI can. Let me just give your a little history of this tortured legislation. This legislation was first brought out in December of 2005. It went to the Administration no later than January of 2005. There it went through a number of processes, which we'll just call them processes. Then it emerged in May of 2005; went back through some more processes, and we'll just leave it as processes. Then it came out some time during the election cycle, and it was determined that it wasn't to be brought up. I was the primary drafter of this legislation in December of 2005 as a private citizen. I'd like to believe that I've worked extensively with the Administration on the needs that they had, whether it was Stephanie Grindell or whether it was Mary Conway. I took their criticisms; I incorporated them into this piece of legislation. There is a point and a time where you just say, this is it. This is what this is all about. IfI were to turn around and make any further amendments to this piece of legislation, we would be better suited to leave the free ordinance just where it is. I really, fruly believe that. I debated with my colleague, the City Attorney, over the use of small business and what that term would mean, and there is no way of defining small businesses. Everybody in the Grove who builds does so in LLCs (Limited Liability Companies), and they do it in an underfunded way. There is no way of capturing the people that desfroy trees in the Grove by putting further wording into this. You'll only desfroy the intent. You'll destroy the purpose of this legislation, so I would ask, all due respect, now is the time to put it to a call, and let's see where we stand. Chairman Gonzalez: All right. Let's call the question. Well, it's an ordinance. It's a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Mr. Fernandez: Mr. Chairman, for the record, you have, in fact, been discussing D2.1, D2.2, and D2.3. However, you're taking separate votes in each of these -- Chairman Gonzalez: In each one. Mr. Fernandez: -- so the discussion that has been had, the record needs to reflect, goes to all three items -- Chairman Gonzalez: To all three. Mr. Fernandez: -- except now, the item that's being called for public hearing -- Chairman Gonzalez: Right. Mr. Fernandez: -- input is D2.1. Chairman Gonzalez: Right. Yes, ma'am. Good morning. Judith Sandoval: Good morning. Chairman Gonzalez: You've got two minutes. City ofMiami Page 25 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace, Silver Bluff. I would like to say that sometimes I wonder what the Commissioners do out in their disfricts. I mean, aren't you supposed to be -- have meetings and educate people in your disfricts? And when you do, you can bring up the tree ordinance, and say -- get somebody, you know, to speak Creole or whatever language is spoken in the neighborhood, and it seems to me that's part of your job. The other comment I wish to make, beside my support as a neigh -- member of the Silver Bluff neighborhood, we need some care in our neighborhood, and we do in Shenandoah. Commissioner Regalado is in my district. We may never have that many complaints, because Code enforcement, now it's improved, because we have a new officer, and they are doing things they should have been doing for years, and they should be following up. There're a lot of things that are never reported with the trees, and the other thing I wanted to say is I don't know what the concern is not voting on anything that isn't improved -- approved by the Administration or a department, because the Planning Department comes forth with denial recommendations all the time on Class II permits and Zoning changes and everything else, and you don't go along with what they say, so what's the big deal on the frees? Thank you. Vice Chairman Sanchez: But it -- Chairman Gonzalez: Thank you. Vice Chairman Sanchez: -- comes with a recommendation. Chairman Gonzalez: All right. Anyone else from the public? Robert Ferreira: My name is Bob Ferreira. I live at 3664 LoquatAvenue, Coconut Grove. First want to congratulate the Commission for taking up what is proven, nationwide, to be one of the most difficult contiguous issues. I have spent, since Marc started this, hours reviewing evaluations of tree ordinances, and particularly, extensive work that's been done in California about trees. It takes a tremendous amount of courage to address this issue, because trees are a very emotional issue for a lot of us. I would like to say, though, one of the most important things about this free ordinance is not that it protects trees, but it leads you to a total look at your urban forest situation. Miami, because of its scarcity of parks, has a tremendous problem with determining how it's going to handle the urban forest situation, and we need a really comprehensive strategy as to how to deal with frees. Trees are a major issue in affordable housing. I think Commissioner Spence -Jones should realize that if she doesn't have the right kind of tree canopy in her affordable housing projects that she's been working so hard for, they will not be treated with the same respect as they will be if there are frees there. We cannot be squeamish; we cannot be cowardly about facing this issue. I know this is a tough issue, andl know that the fact that we have to have huge fines in order to deter people, doesn't mean necessarily that they have to be brought upon the poor. I think Commissioner Gonzalez's concern is a very valid concern, but don't think it should deter us from making sure that what needs to be done for this City and what you need to do to make sure that we now proceed. The City is known to be a city for trees. We're supposed to be one of the most beautiful cities in this country -- Chairman Gonzalez: Thank you, sir. Mr. Ferreira: -- and if you take away our trees, we're not going to have it. Thank you. Chairman Gonzalez: Thank you very much. Anyone else in the public? Yes, sir. Jumel Calixte: My name is Jumel Calixte, from Little Haiti, and I heard the Commissioners talking about trees. I wonder why they talking about because we don't have much frees -- we don't have a lot of trees in Little Haiti, especially in 54th Sfreet. When you driving 54th Sfreet in City ofMiami Page 26 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Little Haiti, which is downtown Little Haiti, we don't have no tree at all, so I wonder why they talking about the free, and also I want the City ofMiami Mayors [sic] and my Commissioner, Ms. Spence Jones, to take a little tour in Little Haiti to see what's going on, and especially if you driving in 56 Street, I mean, the road is really bad, and we need the sidewalk, we need beautification in Little Haiti, please Mr. Mayor and my Commissioner Spence -Jones, to take a little tour in Little Haiti, to do something about Little Haiti. I'm not supporting, you know, what people are talking about in Miami -- bad about Miami, but when Miami look good, we all look good, but right now, Little Haiti is in bad shape. We need beautification. Also, we need trash pick-up. I mean, we don't see that much -- and we see a lot of trash in Little Haiti. I mean, sometime I feel like upset. I walk in Little Haiti every -- I live in Little Haiti. I'm a resident of Little Haiti, and I feel a little bit upset to see -- when I drive east, like Morningside Park, I see a lot of beautification; Upper Eastside, a lot of beautification, but when I come through -- when I walk in Little Haiti, I don't see no beautification, I don't see no tree. We want to see some palm trees, you know, in Little Haiti, and also, there is a lot of prostitution, a lot of drug addict in Little Haiti, and Ms. -- my Commissioner, Ms. Spence -Jones, please, take a little tour, and my Mayor, take a little tour in Little Haiti to see what's going on, and also, I want to tell you -- and there is a lot of people against Little Haiti, and also, please help us to make Little Haiti officially, because there is a lot of element against Little Haiti. To finish, there is a -- they dump a body in Little Haiti -- Chairman Gonzalez: You -- Mr. Calixte: -- that was three days ago. Chairman Gonzalez: Thank you. Mr. Calixte: I know -- Chairman Gonzalez: Thank you. Mr. Calixte: -- a lot of people come to Little Haiti and dumping trash -- Chairman Gonzalez: Sir -- Mr. Calixte: -- and I'm asking my Commissioner to take a little tour and to do something as soon as possible. Chairman Gonzalez: Thank you very much. Commissioner Spence -Jones: Thank you, Jamal [sic]. Mr. Hernandez: Mr. Chairman -- Chairman Gonzalez: Yes, ma'am. Mr. Hernandez: -- ifI may. We just obtained a grant from Urban Forestry for 93, 000 for frees in Little Haiti -- Commissioner Spence -Jones: Yeah. Mr. Hernandez: -- and we got it because of the fact that that's the area within the City that has the least amount of trees. Commissioner Spence -Jones: Yeah -- City ofMiami Page 27 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: All right. Commissioner Spence -Jones: -- and then -- and so that Jamal [sic] knows -- Jumel knows -- Mr. Calixte knows that has been one of the big issues for us in Little Haiti, is to make sure that we have trees put back in Little Haiti's -- Chairman Gonzalez: And the problem with trash that the gentleman -- Commissioner Spence -Jones: Yeah, and -- Chairman Gonzalez: -- mentioned. Commissioner Spence -Jones: -- here's another perfect example, Mar -- Commissioner Sarnoff is, you know, when we talk about doubling fines, I want to see doubling fines of illegal dumping - Chairman Gonzalez: Right. Commissioner Spence -Jones: -- because the number of people that come to my district to dump from other communities and Allapattah to dump, if I'm going to see doubling any fines, I want to see doubling of fines of people coming from outside of my neighborhoods to dump in the neighborhoods of like Little Haiti, Liberty City, and Overtown. That's where -- Commissioner Sarnoff I welcome -- Commissioner Spence -Jones: -- I would see all the trash. Commissioner Sarnoff -- that -- Commissioner Spence -Jones: And Allapattah. Commissioner Sarnoff -- as a friendly amendment. Chairman Gonzalez: Yes, ma'am. Liliana Dones: My name is Liliana Dones. I am the cochair of the Tree Watch Committee, which was founded along with Commissioner Sarnoff. I don't think this is working. Vice Chairman Sanchez: It is. Chairman Gonzalez: Yes, it is. Ms. Dones: Oh, OK. I am also in the Mayor's Green Commission, and I am also a member of Urban Forestry. I cannot endorse enough that you please pass this tree ordinance. We have waited over a year and a half. I think that the benefits of it greatly outweigh whatever problems there may be in addressing such problems as a person who cannot afford it, who didn't know about it, who would be fined. Let me tell you thatl sit regularly at the appeal boards every month, and a good part of those $500 fines are mitigated down to nothing, simply because the person comes and goes, we didn't know any better. What we are frying to protect is for a developer, who has repeatedly done this, to come in and say, gee, we didn't know any better, or a millionaire who has, you know, simply, you know, redesigning his lawn, to come and say we didn't know any better, and in particularly, the landscaping companies that come and give contradicting information. Above everything, landscaping companies should know the law, and they should be the first ones that, when they're hired by someone, should say show me the permit, simple as that. It's about education. Thank you. City ofMiami Page 28 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: Thank you very much. Anyone else? All right. Seeing none -- Mr. Hernandez: Mr. -- Chairman Gonzalez: -- hearing none, the public hearing is closed. Mr. -- Mr. Hernandez: -- Chairman -- Chairman Gonzalez: -- City Manager. Mr. Hernandez: -- just a clarification that the City has had a free ordinance in place for quite some time, and what we're dealing with here today is amendments to that -- Vice Chairman Sanchez: Amend it. Mr. Hernandez: -- tree ordinance. Chairman Gonzalez: It's increasing the fines. Vice Chairman Sanchez: Yeah. Mr. Hernandez: Right. Well -- Chairman Gonzalez: That's -- Mr. Hernandez: -- and -- Chairman Gonzalez: -- what been talking about. Mr. Hernandez: -- but besides the fines, there were also a number of things that know departments, like Public Works, Stephanie Grindell and others in the Administration, had been working on fine-tuning the ordinance, I think, for the last couple of years, that's outside of the fines, and those amendments, I think, are beneficial to the City and to the departments, outside of the issue of the fines. There is a lot there that we support. Chairman Gonzalez: All right. Mr. City Attorney, will you read the ordinance? We have a motion, and we have a second. We need to read the ordinance and then -- Mr. Fernandez: Yes. Chairman Gonzalez: -- do roll call. Vice Chairman Sanchez: On D2.1. Chairman Gonzalez: On D2.1. Mr. Fernandez: D2.1. Before I read the ordinance, I want to make sure that this is, in fact, the intent on first reading of the City Commission. Commissioner Spence Jones made a friendly amendment, which, my understanding, is that Commissioner Sarnoff has accepted, and the intent of that friendly amendment is to add the words, in the appropriate place, "shrubbery and greenery." It is also my understanding -- and Commissioner Sarnoff needs to address this -- the fact that -- the issue of whether to relocate trees to public lands in the City, whether that stays or whether that goes? City ofMiami Page 29 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Sarnoff No. That does come out. I apologize. Mr. Fernandez: OK. Commissioner Sarnoff I should have -- I apologize to the Chair, and I apologize to the City Attorney. That should -- the line "to relocate trees to the public lands in the City and, " that is lined through. Mr. Fernandez: Correct. Very good, so -- Vice Chairman Sanchez: So -- Mr. Fernandez: -- with those modifications, on first reading, by title, the ordinance reads as follows. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Ms. Burns: Roll call. Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Burns: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Burns: Commissioner Spence -Jones? Commissioner Spence -Jones: I want to make a comment before I give you my vote, OK. Commissioner Sarnoff, my colleagues, I think it's very, very important that we definitely put a educational campaign in place for our public in which we serve, the less fortunate in many of our districts. It's very important. Commissioner Sarnoff Just so you know, the free -- the master plan that we just passed for the Mayor has an education component in it -- Commissioner Spence -Jones: OK. Commissioner Sarnoff -- and that is a well funded campaign. Commissioner Spence -Jones: OK -- Chairman Gonzalez: OK. Commissioner Spence -Jones: -- and it includes making sure people know about violations associated with tree -- cutting their frees. Commissioner Sarnoff I will make sure that that is included. Chairman Gonzalez: But we're -- Commissioner Spence -Jones: I -- Chairman Gonzalez: -- voting on D2.1 now. City ofMiami Page 30 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Fernandez: Yes. Vice Chairman Sanchez: Yeah. Chairman Gonzalez: It has -- Commissioner Spence -Jones: No. Chairman Gonzalez: -- nothing to do with the fine. Vice Chairman Sanchez: D2 [sic]. Commissioner Spence -Jones: Oh, we did -- we're doing D2.1 now? Commissioner Sarnoff Yeah. Chairman Gonzalez: And now we're doing D2.1. Commissioner Spence -Jones: Oh, that's yes. OK, so yes on that one. Ms. Burns: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes, ma'am. Ms. Burns: Chairman Gonzalez? Chairman Gonzalez: Yes, on D2.1. Ms. Burns: The ordinance has passed, as modified, on first reading, 5/0. D2.2 05-00335 ORDINANCE (REQUIRES 4/5THS VOTE) AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY AMENDING SECTIONS 2-811, 2-814 AND 2-817 OF SAID CITY CODE, TO AMEND THE DEFINITIONS SECTION AND TO CLARIFY THE MAXIMUM DAILY FINES; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR INCLUSION IN THE CITY CODE. 05-00335 Legislation .pdf First Reading Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Gonzalez Chairman Gonzalez: All right. D2.2. We're going to incorporate into the record the comments from the public and the comments from the Commission on D2.2. Any further discussion from the Commission on D2.2? All right. Seeing none, hearing none, Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. City ofMiami Page 31 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: Roll call, Madam City Clerk. Vice Chairman Sanchez: No, no. We need to vote. Pamela E. Burns (Assistant City Clerk): I'm sorry. We don't have a move or a second. Chairman Gonzalez: I'm sorry. Vice Chairman Sanchez: So move. Commissioner Sarnoff Second. Vice Chairman Sanchez: And I'd like to place a friendly amendment to it. Once it is adapted [sic], I would like the City to start a PSA (Public Service Announcement) information campaign -- education campaign -- Commissioner Spence -Jones: Thank you. Vice Chairman Sanchez: -- on Television [sic] 77 as to the laws that have been established by this legislative body, and on first reading, Commissioner Sarnoff the only thing that I request is that we get a better clarity on fines and definition for Code enforcement rules, and that I do have a briefing by the Code Enforcement director, which I've not had. On first reading, I move. Chairman Gonzalez: All right. We have a motion, and I think that we have a second. Anyone from the public -- Vice Chairman Sanchez: Oh, one more amendment. I'm sorry. That it go through the Green Committee for recommendations and suggestion and comments, and then it'll come back to us. I think they play a very important role in what we fry and accomplish here, and we all need to work together on this. Chairman Gonzalez: All right. The public hearing is closed. Roll call, please. Ms. Burns: Roll call, and this requires a four fifth. Chairman Gonzalez: Yes. Ms. Burns: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Burns: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Burns: Commissioner Spence -Jones? Commissioner Spence -Jones: Education, education, education. It is the key to making sure that my community is not affected by me voting yes on this ordinance. Ms. Burns: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes, as amended, Madam Clerk. Ms. Burns: Chairman Gonzalez? City ofMiami Page 32 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: No. D2.3. Vice Chairman Sanchez: Squeezes through. Ms. Burns: Wait a minute. Oh. The ordinance has passed -- Vice Chairman Sanchez: It squeezes through. Ms. Burns: -- on first -- Chairman Gonzalez: No. Ms. Burns: -- reading -- Chairman Gonzalez: No. You know -- Ms. Burns: -- as amended -- Chairman Gonzalez: -- when people from my district -- Ms. Burns: -- 4/1. Chairman Gonzalez: -- come and complain (UNINTELLIGIBLE) go and see the other Commissioners. D2.3 07-00115 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE NO. 8.1 ENTITLED, "TREE PROTECTION" OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; CONTAINING ADDED DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE REPLACEMENT AND PROTECTION, APPEAL CRITERIA AND FINES, CONTINUED ENFORCEMENT, PENALTIES AND REMEDIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00115 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Gonzalez Chairman Gonzalez: All right. D2.3 also requires a public hearing. We're also going to incorporate on the record the comments from the public and the comments from the Commission on D2.3. Anyone else that wants to speak on the item, please come forward -- come in, please. You already spoke on the record. Are you going to object to the same thing? Is it going to be the same argument or --? Judith Sandoval: No. I have a new objection -- Chairman Gonzalez: Us -- Ms. Sandoval: -- you'll be happy to know. City ofMiami Page 33 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: -- being teachers and going to the community -- Vice Chairman Sanchez: Come on down. Chairman Gonzalez: -- and teach the people -- Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I think it should be noted that a lot of destruction of the trees that is occurring in the City is due not to the residents, not to the developers -- the developers, yes, mostly -- but the City itself. Now, for instance, my street is going to be widened one foot on either side. It's not going to -- Commissioner Spence -Jones: Redoing it. Ms. Sandoval: -- take down any trees, except that it is going to cut the roots of trees along that street, beautiful oak trees that had been there for a long time, that is going to destroy the trees, and the City should figure out some way not to do this, and in many neighborhoods of the City, the Design District, many, many others, the City has been responsible for, I think, much more cutting down of trees; some of it even happened over the Cuban Memorial Boulevard, Commissioner -- Vice Chairman Sanchez: Yes. Ms. Sandoval: -- and I think we've got to be cognizant of this and do something about it, because I don't think that what the City does, that is harmful to the trees and the landscape, is being covered in this ordinance. Thank you. Vice Chairman Sanchez: And out of a hundred -some -- Chairman Gonzalez: You're welcome. Vice Chairman Sanchez: -- only one died. Chairman Gonzalez: Anyone else from the public? Seeing none, hearing none, the public hearing is closed. Read the ordinance, Mr. City Attorney. Commissioner Sarnoff Mr. City Attorney, there is one redact -- Jorge L. Fernandez (City Attorney): Yes. Commissioner Sarnoff OK. Mr. Fernandez: OK. I was just going to address the discussion that I had with Commissioner Sarnoff with regard to D2.3 as to whether palms would be a viable substitute in the replacement language in the ordinance, and my understanding is that the ordinance being presented to you exclude palms or palms will not be permitted to be used as replacements, is that correct, Commissioner Sarnoff? Commissioner Sarnoff By the suggestion of -- Mr. Fernandez: So -- Commissioner Sarnoff -- the Mayor, I agreed with that, yes. Mr. Fernandez: All right, so that is one change that -- of course, when this comes to you in City ofMiami Page 34 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 second and final reading, it would all be properly reflected on the text. I also believe that -- well, on the issue of appeals, nothing has changed. The appeals are still through the City Commission, is that correct, Commissioner -- Commissioner Sarnoff That's -- Mr. Fernandez: -- Sarnoff? Commissioner Sarnoff -- that is correct. Mr. Fernandez: And I don't, right now, recall any other changes that -- Commissioner Sarnoff There was no other changes. Mr. Fernandez: -- you and I had discussed as we went through that, so -- The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): I'm sorry. We don't have a mover or seconder. Chairman Gonzalez: All right. We need a motion -- Commissioner Sarnoff I'll so move. Chairman Gonzalez: -- and a second. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have -- Vice Chairman Sanchez: Is that the one -- Chairman Gonzalez: -- two seconds. Vice Chairman Sanchez: -- with the amendments? I'd like to proffer the amendments that put on D2.2 onto 3. Chairman Gonzalez: All right. Does the mover of the -- Commissioner Sarnoff Yes. So moved with the -- Chairman Gonzalez: -- accept the amendment? Commissioner Sarnoff -- amendments. Chairman Gonzalez: All right. We had a motion, and we had two seconds. Roll call, please. Ms. Burns: Roll call. Commissioner Regalado? Commissioner Regalado: Yes. City ofMiami Page 35 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Ms. Burns: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Burns: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes, ma'am, as amended. Ms. Burns: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Burns: Chairman Gonzalez? Chairman Gonzalez: No. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 07-00250 DISCUSSION ITEM DISCUSSION CONCERNING THE MIAMI RIVERDAY FESTIVAL. 07-00250 Cover Email.pdf DISCUSSED Discussion on the item resulted in the resolution below: (D3.1) 07-00250a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE FEES FOR THE USE OF JOSE MARTI PARK FOR THE MIAMI RIVERDAY FESTIVAL BEING HELD MARCH 23, 2007. Motion by Vice -Chairman Sanchez, 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 R-07-0102 Chairman Gonzalez: All right. D3.1. Commissioner Sarnoff Mr. -- I apologize. I had an issue as a pocket item, ifI can beg your indulgence to just bring it up as part of my blue pages? Chairman Gonzalez: No. The pocket items -- Vice Chairman Sanchez: The pocket items are at the end. Chairman Gonzalez: -- we'll take 'em later. Commissioner Sarnoff OK. Chairman Gonzalez: D3.1. City ofMiami Page 36 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Vice Chairman Sanchez: OK. This item, Mr. Chairman, is mine. It's on the Miami Riverday Festival, and they're asking just for the park use facility fees. That's the only thing that I think that we could provide for them, and it's a waiver of $650. It's a great event. Once again, it educates people as to the environment. They're -- it's attended by a lot of people citywide, and therefore -- Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: -- I'm making a motion that we just waive the $650 -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- which is the park fee, not everything else. You know, they always come to us and they want everything waived. I think that we should just waive what we're capable of waiving, which is $650. So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We -- Commissioner Sarnoff Second. Chairman Gonzalez: -- have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed -- Vice Chairman Sanchez: And once again, we want to make sure that everyone's invited to come to the Riverday. It's a full day of festivities, and you get to take a tour of the river, and you get to see where the river -- the entire history of the Miami River. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-00219 DISCUSSION ITEM DISCUSSION ABOUT PROVIDING A PARK FEE WAIVER, USE OF THE CITY OF MIAMI SHOWMOBILE, AND IN -KIND SERVICES TO THE ANNUAL "DIA DEL MUNICIPIO DE SAN LUIS-PROVINCIA DE PINAL DEL RIO" SCHEDULED TO BE HELD AT CARLOS ARBOLEYA PARK ON MARCH 4, 2007. 07-00219 Cover Memo.pdf DISCUSSED Discussion on the item resulted in the resolution below: (D4.1) 07-00219a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE FEES FOR THE USE OF THE CARLOS ARBOLEYA PARK AND THE SHOWMOBILE FOR THE ANNUAL "DIA DEL MUNICIPIO DE SAN LUIS-PROVINCIA DE PINAR DEL RIO" EVENT BEING HELD AT SAID PARK City ofMiami Page 37 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 ON MARCH 4, 2007. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sarnoff R-07-0101 Chairman Gonzalez: D4.1. Commissioner Regalado: Thank you very much, Mr. Chairman. Something similar to the Vice Chairman proposal. It's the park rental fee waiver and use of the City Showmobile, like we do every year for Dia Del Municipio, in -- to be held on March 4, at Carlos Arboleya Park. They will be paying the employees -- Commissioner Spence -Jones: So move. Commissioner Regalado: -- and the insurance and all that, so I motion -- Vice Chairman Sanchez: Commissioner -- Commissioner Regalado: And a second. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- Regalado, could you put an amount? Commissioner Regalado: Sorry? Vice Chairman Sanchez: Could you put an amount? Commissioner Regalado: Nope. I don't -- Vice Chairman Sanchez: And there's -- Commissioner Regalado: -- know the amount. Vice Chairman Sanchez: -- no amount? So you're providing everything in -kind and --? Commissioner Spence -Jones: He just said Showmobile. Commissioner Regalado: No. Just the Showmobile -- Commissioner Spence -Jones: Use of City Showmobile. Commissioner Regalado: -- and the rent. They will -- Vice Chairman Sanchez: OK. Commissioner Regalado: -- pay the employees and the insurance. Vice Chairman Sanchez: OK, stated for the record. There's a motion by Commissioner Regalado, second -- City ofMiami Page 38 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- by Commissioner Spence -Jones. The item is under discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. D4.2 07-00237 DISCUSSION ITEM DISCUSSION CONCERNING A STATUS REPORT FROM THE ADMINISTRATION ON THE FOLLOWING ZONING ISSUES: EXPANDING THE CRITERIA USED TO NOTIFY RESIDENTS ABOUT ZONING MATTERS, ZONING IN PROGRESS, AND MIAMI 21. 07-00237 Cover Memo.pdf 07-00237 Submittal memo Miami 21.pdf 07-00237 Submittal memo update questions.pdf 07-00237 Submittal questions & answers.pdf DISCUSSED Vice Chairman Sanchez: And we go to your next item, which is D4.2, which is a discussion item. Commissioner Regalado: Thank you very much, Mr. Chairman. Vice Chairman Sanchez: You're recognized, for the record. Commissioner Regalado: This item had to do with information, and if you drive by Southwest 8 Street, or Flagler and 73rd, right at the end of the City boundaries near the Palmetto, and you will look at the bus shelters, you will see that instead of the sign that we used to have until few days ago, that "This bus shelter is yours. Please take care of it, "you will have a sign that says "Coming soon to your neighborhood, Miami 21," and then it says wwmiami21 [sic] for more information. Now, in our office, we have gotten several calls of people that live in Flagami, people that live in Shenandoah and Silver Bluff. Number one, what is Miami 21? Number two, when is it coming to our neighborhood? Our response is well, we really don't understand very well what is Miami 21 because it's been done only on a certain area of the City, and no, we don't know when it's coming to our neighborhood. When you advertise something, you advertise a movie, you know, 007 coming soon to a theater near you spring of 2007, so you have a definite sort of time, but it seems to me that the public process have not been massive as it should, and I understand. People don't even vote, so you know, people sometimes don't have the time to attend the public hearings, but if we want to get the people involved in this process, we cannot tell them that there is something coming up very soon to their neighborhood, which they don't understand, and they don't know about it, so there are many, many questions aboutMiami 21, and it had been delays for reasons that don't know or don't understand. I have not seen, at least in our district, any effort to educate the people, education, education, education, aboutMiami 21, andl just really want to understand -- and I know that there are plans probably to bring the first quadrant of the City maybe to the process, April or May, but don't understand the timeline for the rest of the City, especially at the west end of the City ofMiami, which seem to be the last area that we are going to have this discussion. The second issue is zoning in progress. We were told many, many, many month ago that zoning in progress will be part of the measures that will be established until Miami 21 reaches the areas that we all live in the City ofMiami, because it will close down the loopholes that now we have in order to protect neighborhoods, and the third thing that people ask about is the notification process, expanding the notification process. We have tried to do this, and we have this situation. It's been back and forth, the Administration, and we still don't have a concrete date, so my question to the Administration is why are we City ofMiami Page 39 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 creating the expectation or can I get the response to response [sic] to the residents in Flagami, for instance? If it's coming soon to your neighborhood, how soon is soon? Ana Gelabert-Sanchez: Good morning. Ana Gelabert, Planning director. The purpose of putting the -- using the bus shelter, it was more for general information aboutMiami 21. Actually, we have had a lot of questions on the Web regarding the Miami 21. We understand your concern about people wondering the exact time. I don't have that answer yet, but I just want to clarify the purpose of the bus shelters was, really, we put it in major corridors, and it was a way of notifying and informing everyone aboutMiami 21. There's access into the Web site. In addition to that, we have held public hearings on the -- in addition to the things that had been happening in the east quadrant, we have done several workshops at the PAB (Planning Advisory Board), and also we're working with the NET (Neighborhood Enhancement Team) offices to make sure that everyone has a copy of what we have, presentations of what Miami 21 is, in order, again, for -- if someone wants to find out, that they would have the access. Again, the intention was sometimes we hear that people on the other districts would like to hear about Miami 21, and that was the intent; nothing more than that. Just fried to -- general information. Commissioner Regalado: Look, the bus shelters should be used for public service purpose. That's the idea of the Manager when he was working on consolidating a contract, and I'm all for it. I don't really know much or anything about planning, but I do know about advertising, and when you advertise saying it's coming soon to this neighborhood, people first want to know, and you know, it's -- today there are more and more people that are able to go into the Internet, but there are some -- still many residents that do not have access or the ability to do that, and they get a little nervous about that because they don't understand what is going on, and especially how it's going to affect them directly, so I just have this concern that you will be creating expectation and that we do not have the ability to inform, in a massive way, to the people of Miami aboutMiami 21 zoning in progress or the -- Ms. Gelabert-Sanchez: If -- Commissioner Regalado: -- notification process. Ms. Gelabert-Sanchez: Yeah. IfI may, I would like to maybe address some of the things. We understand that not everyone had it, and I think it was being brought up the idea of someone not being able to have access to a computer. That's why I would like -- Commissioner Spence -Jones: Ana -- Ms. Gelabert-Sanchez: -- to clarify -- Commissioner Spence -Jones: -- yeah. Ms. Gelabert-Sanchez: -- that the NET offices have the information also, and we are working with them. In order for someone who does not have access to the computer, they would be able to approach the NET office, but in addition to that, we do have a hotline, so the use of the -- and -- which is 416-2121, and that's a hotline, again, intended to fry to reach out to people that might not have access. Commissioner Spence -Jones: IfI can also add to your comment on the Miami 21 situation. I don't know if you recall, Commissioner Regalado, the issues I had with this probably about four or five months ago regarding making sure that -- especially in our hard -to -reach communities, since really, Commissioner Sarnoffs and our district is really, as I said and stated then and I'm stating it now, our district is the guinea pigs of all of this that's taking place. I really wanted to make sure that there was a strong effort put out, from a marketing perspective, to include those hard -to -reach neighborhoods, and I believe that they have definitely diversified their team and City ofMiami Page 40 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 diversified their message to make sure information got out. I also requested that not only do they do the bus benches with phone numbers on it, because I think it's -- was great to do that, along with the Web site, agreeing with you that in many of my communities, most folks don't have access to the Internet, so the phone number was very important; that we also did mailers to individual households in the area to make sure that, no matter what, people got information at their door, at home about Miami 21, and that was my biggest issue and concern, was making sure that the residents got the information, at least in the first quad in which we're operating out of and I believe that that has been happening from that perspective. Ms. Gelabert-Sanchez: Yes, Commissioner. We have and we have prepared post cards, and it's going to be on (UNINTELLIGIBLE) sent to the households on the east quadrant, and it's going to be on Creole and Spanish and English, and what we're frying to do is create as much information as possible. We've also worked on a PSA (Public Service Announcement) that, I believe, is on already. We've worked with the Office of Communication on the City channel, and we're trying to see if we can reach out again. It's just to be able to spread out ofMiami 21. We do have three more quadrants. We do have a timeline for the east quadrant that know maybe -- yesterday, at the Planning Advisory Board, we gave an update, which I can share with you. We are planning on bringing it back to the PAB, the Miami 21, the east quadrant, the first draft -- the final draft on April for a review, again, to be able to give the people an opportunity to come and speak and for the PAB not to take action but to review, then we're taking it the following meeting, on the 18th, for action from the Planning Advisory Board and be able to bring it to you in May, and then in June again for second reading. We're also anticipating having an open house meeting that we've talked about, similar to the one we held in June of last year, for, again, the people to be able to come in. The open house seem to work better, at least that's the feedback we receive from the residents that went, because it was a way of coming in when they could; you know, all morning it was opened, the staff was there, the consultants were there, and people were able to ask specific questions about their particular property, so we're planning on doing that one. The one thing that might be different from before, which, again, we heard the people saying that we would like the document to have it on -- available before these hearings or before these meetings happen. We are going to have the document online before even the open house occurs in order to give the opportunity, and online for those who have the computers, but also that information is made available at the NET office to make sure that people who don't have it be able to see it so they feel that they're prepared to comment and respond. That's on Miami 21. You mentioned, Commissioner Regalado, zoning in progress. We're bringing it to the Planning Advisory Board on March 21; City Commission on April 26 for first reading, so we're moving ahead with zoning in progress. The zoning in progress, it would be affecting -- and I just want to clarify that because some people have asked -- only for the east quadrant of the Miami 21, and that would be zoning in progress -- Commissioner Sarnoff Hmmm, I don't know. That's -- Ms. Gelabert-Sanchez: -- coming in March. Commissioner Regalado: But it doesn't make any sense. Commissioner Sarnoff Right. Commissioner Regalado: It doesn't make any sense, because you're approving zoning in progress, which is an intermediate -- Commissioner Spence -Jones: It's a Miami 21. Commissioner Regalado: -- step for the same quadrant where you're going to be approving Miami 21, so zoning in progress will exist for a few weeks. You need to approve zoning in progress for the whole City in order to have more ways to understand the impact ofMiami 21. I City ofMiami Page 41 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 mean, if zoning in progress is what it has been explained to me, that is the purpose of the first step before Miami 21. What you're saying is that zoning in progress is only for a place that already is being studied, and zoning in progress will end at the minute thatMiami 21 is approved, then you're talking of a window of several weeks. Ms. Gelabert-Sanchez: Not necessarily. What's coming to you -- the zoning in progress is the tool that would allow us to, in fact, put the regulations thatMiami 21 will be coming for -- is coming before Miami 21. Commissioner Regalado: I understand that. Ms. Gelabert-Sanchez: When Miami 21 comes to you, you'll be, hopefully, approving the concept, but then after that, there's the changes need to be made and go through the proper legislation. Some things will have to go to DCA, which is the Department of Community Affairs, and that might be some time for some properties, so there is uses that we're allowing in some areas that are not so -- some of these properties might -- it might not be an immediate change; it might take a while, and that's why zoning in progress would also help us, so it's not only a few weeks. It actually would be a tool that would help us out. Commissioner Regalado: I'm just curious, Ana. How much have we spent on the consultant doing Miami 21? Do we have a figure? Ms. Gelabert-Sanchez: What we have up to now or -- Commissioner Regalado: Yes, what we -- Ms. Gelabert-Sanchez: -- what you -- or what you have --? Commissioner Regalado: -- have up to now. Ms. Gelabert-Sanchez: Up to now, I would need to check. What I have is the figure, what it was -- what the City Commission approved when we started the process, but I would have to go back and check up to now what it is that we have spent. I don't have it. Commissioner Regalado: But it -- this was approved for a certain time, not for the delays. Ms. Gelabert-Sanchez: Well, it was approved to the completion and -- ofMiami 21 for the citywide on the east quadrant. We had anticipated that the process would be quicker, but the contract allows for the delays that have happened. The east quadrant has been, as you know, the most complicated because of where the development is happening, and it is the rewrite of a Zoning Code, and what we are anticipating that when the other three quadrants come, the process should be quicker. Commissioner Regalado: There are some people that are really asking questions, and they claim that they have not receive the accurate real answers to their questions. Is there a way that people that have properties or investment or residents have a -- the possibility, notfrom the Web site, which have the basic, but to respond to specific questions regarding their properties, because some people are waiting to make investment to see what Miami 21 is or what would impact their properties, so I -- by holding the process, we're also holding investors to invest in the City ofMiami because they don't know what is going to happen, so -- you understand what I'm --? Ms. Gelabert-Sanchez: I understand. We have -- we feel we have responded to -- due to the questions, sometimes the -- what we -- several things can happen. Some of them we answer, and the answer might not be exactly what the person asking might be wanting to have the change for. City ofMiami Page 42 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 We get a lot of changes or some recommendations of what one area should be versus another. We fried to respond, and sometimes that answer might not be exactly what the person would like to have, so sometimes there's a back and forth because we do get a lot of same people asking on the Web site and we do answer on the phone, so we do have that concerns. Sometimes it's not answered to what the -- they would like to hear, but there is an answer. The other answers that we are being -- this the feedback we get, what do we -- that it might not be as precise, and I think that's where you're coming from. It has been an effort where we, as professionals, are frying to look at the area and give the best response back and to the analysis of the area, and sometimes we are still studying an area, and some we get some feedback, so when we respond back, we might be saying sometimes that we are looking at it; that we'll get back to them. It's not that we're trying to be evasive. It's a matter that sometimes that area or that particular question might require some studying, and we're not ready to give an answer, but we have responded. I think we have, ifI would -- ifI recall, it's like four hundred and some questions on the Web that we have responded. We also have comments, and we are -- been frying to be as responsive as possible on the Web. The information we have, we provide, and that that we're still under study, we actually are responding that it's still under study because that's really the truth; it's what's happening. Hopefully, and that's what I said on the open house, as it proved by feedback that we received from people, that it was a good forum. It was because people were able to approach the consultant on one-on-one, or Planning staff and be able to ask the questions on their particular property, if you will, so that's why we're holding one in March, another open house to give that opportunity, but as far as the questions on the Web, we're frying to be as responsive as we can. Sometimes there are delays, but it has to do a lot with -- you know, it has been a complicated matter. That's why it has taken and it has -- and we're trying to be -- give our best professional solution. Commissioner Sarnoff Ana, my office has put two memorandums to the City Manager asking for specific questions. I don't feel like I've gotten good, authentic answers to those questions, and I'm going to -- instead of tying up the Commission, I'm just going to share my memorandum with the Commissioners and let them judge for themselves if we're getting full answers, but I just want you to know from District 2's perspective, we just don't feel like we're getting -- it's nice to say you responded. I mean -- but the response has to have some materiality to the question, and the question should be responded to so that you can glean some substantial information, and I just don't see the substance. I just -- I hear what I would call lip service to an answer. I'm just going to put that on the record, and I'm going to share my memorandums with the Commissioners and let them judge for themselves whether, you know, this process is working, and whether it's going forward from those who are Internet -capable; those are -- people who are capable of asking questions. I mean, I have other questions here. We'd been compiling a file, Little River/Lemon City/Little Haiti stakeholders' concerns. I have questions -- and their answers to their questions. Again, I'm going to just leave this for part of the record for the other Commissioners to look at. I'm going to hand them my memorandum. We've asked two times from your office for specific answers to questions, and I'm just stating I'm not sure the process really is working as a person that gets up to the podium in a nice, crisp blue suit with a light shirt, makes it seem like. Commissioner Regalado: And you know, this is the main issue here. The main issue is that elected officials are rarely praised but almost blame for anything that goes wrong with the government, and people demand from elected officials answers, and frankly, I cannot provide answers, not to the constituents in our district or the people from other district because, after all, we have to vote on citywide issue, and it's very uncomfortable to get reports and complaints of people that are saying, well, we have not receive -- not the answer that they want, because no one can expect from a government to get the answer that they want. No one would hope to ask a question and then get the answer that they wish or the answer that they want, but it is important to get an answer, a true answer, because some people need to make decisions, some people need to make plans, and they don't know what is the future of their property, or what -- or if they should sell now, or if they should hold on to the property. It's very confusing for people, and my City ofMiami Page 43 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 point, my main point was that this advertising of creating expectations is very good. I mean, the most visible things in the corridor are the bus shelters, because when it's gridlock, people have to stop their car in front of them and read and read and (UNINTELLIGIBLE), and you cannot create an expectation if elected officials or even the staff is not able to respond, and I think we have a problem, and let me tell you something else. There is a group of FIU (Florida International University) students who have done focus groups in the five districts of this City, and soon, coming soon, and this is real soon, you will have -- the elected official will have the preliminary reports, I think, in three weeks. By chance, I found out about this focus group and this survey, and it's very, very critical of the way that the people perceive the elected officials not providing information about changes in zoning and land use and construction, and you know, we have delegated all our responsibility on the stafffor Miami 21 and on the people that you hire or you propose to hire, and we approve, but we have not been brief or told what is going on, and more or less, timeline for it, so it -- I mean, when you see the report, and you will see it, of this focus group, you see how concern we should be because of what the people think about the whole -- this whole process, so there's nothing I can say more. I mean, I just hope that we -- are informed; I'm available, and hopefully, the people, not us, but the people, will get the information. Chairman Gonzalez: All right. Pedro G. Hernandez (City Manager): Mr. Chairman, ifI may, real quick. Commissioner Regalado, is the FIU study or report on public outreach or on Miami 21? Commissioner Regalado: No, it's not on public outreach. This is not the official research institute of FIU. This is an independent study done by graduate students on construction, Miami 21, all the -- and all the issues that affect the community, and trust me, they have done focus groups in the five districts of the City, and they have done this in the past three month, and I am telling you that it's very -- they are being very meticulous in doing this, and you will all see the report. I think it's interesting to see it because -- you know, if you want to pay to do a poll in the City ofMiami, in the five district, it would run 40, $50, 000 to see quality of life issues and all that, but these people are doing it for free and because they want to know what's going on, so I think it's important, and that was my concern. Chairman Gonzalez: All right. Commissioner Spence -Jones: Mr. Chair, I mean, I don't know if you have any additional discussions on the item, but I do have a comment. Unfortunately, Commissioner -- oh, there he is -- Commissioner Sarnoff is just returning back to the dais. I just want to be very clear. Thank you so much, Commissioner Sarnoff for bringing these items to the attention of the City Manager. I just want to make it known that, first of all, this area is in my district, and for the last seven or eight months, we have been working along with the City staff along with Ana and her team to, at least, come up with some positive solutions as recommendations. Now I do know that there is a feeling of -- from day one, since I've sat on this Commission, I've been very clear about the industrial areas that I have within my district, and how important it is for us to find a positive resolution for not only the businesses that are there, but the surrounding residents that have been and lived in those neighborhoods for a very long time, so it's not going to be an easy move for anyone on both sides, but it is important for me to remain fair and balanced, regardless of what any individual feels they're going to get out of the upzoning or the downzoning that may happen within the area. I ask for the Commissioners, especially my adjoining Commissioner, Commissioner Sarnoff, since we are the guinea pigs of all of this, to let the City staff Ann [sic] and her team, continue to work to pull the information together. All these things that you see in writing are all in consideration or take -- being taken in consideration as to what needs to be the recommendation as far as Miami 21, but I have to state this because when I look at the two examples that you use, Little River, Lemon City, Little Haiti, this is all my district -- City ofMiami Page 44 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Sarnoff Right. Commissioner Spence -Jones: -- so I just want to be very clear that you have to know that I'm already aware of these items, OK -- Commissioner Sarnoff I -- Commissioner Spence -Jones: -- so I -- Commissioner Sarnoff -- also gave you my memorandums, as well. Commissioner Spence -Jones: OK, so this is -- this -- I'm going to make the statement, please -- if we can please allow for the City staff and my office to continue to do the work that we're doing to make sure that we consider all residents and business owners in the district in order for us to ensure that they all win from whatever the final outcome is going to be for Miami 21. Chairman Gonzalez: All right. Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Fernandez: I don't want to prolong this discussion, but with -- to Commissioner Regalado, he had several questions with regard to zoning in progress, and not to further discuss the issue or the like, but when this item gets ready to come to you, I intend to bring to you a full analysis of all the different options you have with regard to ZIP (Zoning in Progress) in progress. I really -- I'm not, right now, ready to speak on which of the options, perhaps, the Administration is leaning towards, but with regard to the way that it will be presented to you, I intend to give the Commission a full range of options with regard to the type of zoning in progress ordinance that you may adopt, and that -- we should be coming to you in short order. Chairman Gonzalez: All right. Commissioner Regalado: You going to let the people speak or --? Chairman Gonzalez: Yes, sir. Go ahead. Richard Strell: Hello. My name is Richard Strell, and I'm a resident in Edgewater, and I've been pretty involved with following the Miami 21 process, and I've been pretty dissatisfied with it. As far as the issue of people not getting sfraight answers on the Web site, I want to say that I was in e-mail (electronic mail) communication with ex -Commissioner Haskins, and it was her experience, in what she wrote back to me, that she found that she was not getting straight answers. She said she didn't know if it was purposeful or it was -- or what the reason was, but she found that in a variety of questions she asked on behalf of her constituents at the time, the answers she got back were not direct, sfraight answers, so the idea that it's just people in the -- that it's just citizens in the neighborhood that aren't getting the kinds of answers that they want is inaccurate, I believe, and I think it's a widespread feeling from residents, and if you go through the four hundred and something questions, you'll find, unfortunately, that many of them were controversial questions; weren't answered, so people have to keep asking them over and over again, not that it matters because they don't get straight answers, but they take up a lot of numbers and it helps add up to the numbers of total questions that were asked. By the way, I'm not -- my particular concern doesn't have to do with the industrial area, so just so you know, there are other issues in the area that people are also feeling frustrated about getting answers, and I think that's the case for people that are wanting upzoning, as well as people that are wanting downzoning, so that's, you know, my first concern. I also want to say these all have to City ofMiami Page 45 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 do with public input, and I'll try and keep it really short, but initially, Miami 21 recommended that if -- for people who most wanted to go to the meetings, they sign up and be on the e-mail list, and they'll get e-mail notifications of meetings. Well, in fact, most of the meetings occurred during the summer, and the e-mail stopped going out from June through October. If you look at when the meetings occurred, that's the majority of meetings that occurred from the time that the plans and docs (documents) were made public; the different drafts, in other words. It wasn't until late October, when Planning was notified, that the e-mail notifications hadn't been going out for four months that they started sending them out again. The person that sent -- which wasn't me, but someone in the neighborhood sent the question in as to why they weren't being sent out. Her question never got posted. I bring that example up to say that there are some questions that were controversial, where Planning simply -- Chairman Gonzalez: Your -- Mr. Strell: -- called the person, answered them in private, and -- Chairman Gonzalez: -- time is up. Mr. Strell:-- itdidn'tgetposted. Chairman Gonzalez: Your time is up, sir. Mr. Sfrell: OK Thank you. Chairman Gonzalez: Thank you. Robert Mayer: Robert Mayer, 6005 Northeast 2ndAvenue. I want to absolutely echo what these two Commissioners have said about the process, and what this gentleman just said, butt want to add one other element to it. I think what we need is a moderated discussion with the consultants where they are asked the questions that are not getting answered and a moderator then says, I don't think you're answering that question; let's keep going on this, because the town hall was wonderful. It was a great job, but it didn't inform everybody. It informed a couple of us on our little project. This project affects the entire City. It affects us for the next 50 years by its very design. It's been going on for three years. I think that it's time to fit -- cut -- you know, grab the fish and cut it up; let's decide what we're doing with this. Let's have the public debate. Let's no longer abdicate to the consultants because there are many good ideas that have come out that have never hit the light of day, and I think it's time that we have that public discussion with the Commissioners moderated, and let's get some real answers. Thank you very much. Chairman Gonzalez: Thank you. Yes, sir. Bennet Pumo: Bennet Pumo, Little River. We have a bunch of warehouses around town that we rent to -- rent to different individuals. Yesterday got on the Web at 2 o'clock, and we found these new proposed uses and everything, and just -- I deal in specifics mostly because I want to -- I don't want to have nonconformities as an issue, and Miami 21 is definitely going to create nonconformities for everybody, which may make very difficult for people that are existing to do business. Some of the largest people in the country that manufacture things are right here in Miami. They're going to be downzoned. Also, one thing that I was concerned about is in the new deal here, I've been frying to get a work/live component in an industrial zone for a long time now, since Miami 21 started. This work/live component is acceptable all over the country, and Miami 21 ceases to say they will accept a residential component. Well, to and behold, I guess they want eyes on the street because they have now put rescue missions allowed in the industrial zone. How -- what are we going to have, the panhandlers watch the businesses and not allow the business owners to stay in their own unit and watch their business at night? What do we got? We got rescue missions now in there. They've taken uses down to a minimal here, and I think City ofMiami Page 46 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Miami 21, with all the questions that I've asked -- like I say, I've been getting some lip service -- some questions have been answered minimally, butyou have to answer nonconformities, you have to answer intensity of use, and you have to answer industrial. City ofMiami, you cannot cut a picture frame unless you are indusfrial. You cannot cook a food product and package it and ship it out unless you're indusfrial. That's what industrial in the City ofMiami is. If you're an artist, you can't solder or braise a handle on a candlestick unless you're industrial, so people that say we don't want indusfrial, then you've just killed almost all of 90 percent ofMiami business. Industrial in the City ofMiami is southern industrial, not northern. Thank you. Chairman Gonzalez: Thank you. Saul Cimbler: Good morning. My name is Saul Cimbler. I live in Edgewater, and I am a zoning consultant, and I'm not here to bash City staff because we all know how overworked they are, and there are problems from top to bottom, but the reason I'm here today is to pick up on comments that Commissioner Regalado made, especially the impact that this is having on investors. The slow pace that is going on has really encouraged developers because what they are basically doing is there is a rush to get approvals on projects to beat the Miami 21 clock. You've seen in the Commission last week, I opposed a project; I opposed one last night. The developers are happy that Miami 21 is going in the northeast quadrant as slow as it is because they're rushing in. The projects that you're seeing for approval are nothing that's going to get built in 2006 or 2007. These are projects for 2010 or in 2012 because there's not a bank in the world that's going to give a dollar to build those projects. The -- as it applies to the notification issues that Commissioner Regalado raised is when this last wave developers came through here, they counted on their elected officials to analyze the MUSPs (Major Use Special Permits) that were coming through, and the variance requests will do, and to do as Spike Lee would say, "Do the right thing, " and each and every one of the Commissioners who were here or who were there at the time thought that they were doing that, but there is a hole in the notification process and this impacts the zoning in progress, because a developer can go in right now and try to amend their MUSP and makes changes to their MUSP in an administrative manner without notice to this Commission, without notice to the public, and what I am suggesting is that what this Commission should do is to the extent that as Commissioner Regalado and each Commissioner here has understood that the public really wants to know what's going on. They don't want to be on the back end of a change to a MUSP that they haven't had the opportunity to comment on, so right now the way the MUSP modification process works, if the -- Chairman Gonzalez: Thank you. Your time is up. Mr. Cimbler: Thank you, Commissioner. Appreciate it. Chairman Gonzalez: Thank you. Next speaker. You know, Commissioner Sanchez made a comment in reference to the blue pages, and what he was talking about was precisely this. I mean, I don't have a problem with any Commissioner bringing an item on the blue pages, but then when it becomes a public hearing and it becomes, you know, it really throw me completely off the agenda and the plan to conduct the meeting because I don't know what to expect. I mean, it is all right to have, you know, an item that the Commission wants to discuss, they want to bring up; I don't have a problem with any of that, but then if it's going to be considered like a public hearing item and we're going to have to open it to the public, and then, you know, without having it on the regular agenda, that creates a problem in order to manage the agenda, so -- Commissioner Regalado: I didn't put it as a public hearing. Chairman Gonzalez: I know, butyou have speakers that you wanted to allow to speak on the item, on your discussion, and you know, then it's becoming a regular item that should be included in the agenda. If you want to get public input and want to have a public hearing, you know, no problem; let's put it on the regular agenda and then let's -- you know, let's take it as a City ofMiami Page 47 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 regular item on the agenda. Commissioner Regalado: No. [Later...] Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: Thank you, Mr. Chairman. Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: No. Ms. -- I just -- Vice Chairman Sanchez: Bravo, Mr. Chair. Commissioner Spence -Jones: -- wanted Ms. Wong -- Chairman Gonzalez: Huh? Silvia Wong: Oh. Vice Chairman Sanchez: Bravo. Commissioner Spence -Jones: OK. Chairman Gonzalez: It's -- no, it's true. Commissioner Spence -Jones: Mr. [sic] Wong. Chairman Gonzalez: I mean, you know -- Commissioner Spence -Jones: Ms. Wong. Ms. Wong: I'll be brief. As you know, my name is Silvia Wong, and my husband, Manny, and I own a business and property on Northeast 67th Street and 4th Avenue, which is in the Little River/Lemon City area. I really want to thank Commissioner Regalado and Commissioner Sarnofffor being at the forefront of getting information as well as accurate answers out to the public. I think that, you know, it's important because many of these questions from Little River, Little Haiti, and Lemon City have dated back to 2005 and 2006, and we're still waiting for answers. Now, I put together -- I'm the author of the eight page report, butl can't take full credit for this because, as you know, it is literally dozens and dozens of Lemon City and Little River stakeholders who have asked the questions, and we still either have very vague answers or very nonmeaningful responses. Now to the credit of the City, Mr. Orlando Toledo, assistant city manager [sic], spoke with me on the phone last week and he said that on Tuesday, two days ago, I would get an answer to our 52 questions and 30 comments. That didn't take place, so then, this morning Mr. Toledo took me aside and he says that after his full -day meeting on Monday with DPZ (Duany Plater-Zyberk), then next Tuesday, or subsequently after that date, we will get answers. Now I want it to be known in public that we have been waiting since 2005 and 2006, and we really do expect some concrete, definite answers because we, as Mr. Pumo very adequately -- accurately stated, as of yesterday, looked at the updated Miami21. org Web site, and the map has been changed. There are some positive changes and some negative changes, and I don't want to take up everybody's time, but we all are very aware that the dialogue with the stakeholders need to continue, and these huge public forums are not really the best way, so we thank Mr. Toledo for taking the time to meet with us in --from Little River and Lemon City next City ofMiami Page 48 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 week for the record. Chairman Gonzalez: Thank you. Ms. Wong: Thank you very much. Chairman Gonzalez: Thank you. Yes, sir. Jumel Calixte: Yes. My name is Jumel Calixte, and I live in 8271 Northeast 3rd Court, in Little Haiti. I have a correction to make. On 64th Street and 4th Avenue is in Little Haiti, and also, you know, I support Hs. -- my Commissioner, Ms. Spence -Jones, which, you know, she's fighting to have, you know, affordable housing in Little Haiti, especially in Little Haiti and Overtown area, and also, I'm asking Miami 21 is -- you know, why there is no townhouses, you know, in Miami 21, and when I look in the pamphlet, I don't see any development -- housing and development in Little Haiti -- for Little Haiti. I just want to know. I have the question to ask why there is no housing development for Little Haiti, and also, I want to say that, you know, Miami 21, the community need to inform that what's going on. My people in Little Haiti don't really know what's going on. I want Miami 21 to inform -- information -- to give information to my people in Little Haiti and Overtown area about Miami 21. People -- a lot ofpeople don't know what's really going on in Miami 21, and also, I want them to inform my people in Overtown and Little Haiti area what is going on in Miami -- what's Miami 21 is up to, what Miami 21 is all about. That's what I want to -- Miami 21 to do, you know, to inform my people, and also -- and, you know, there is -- also, there is a lot of people who try to push my people away, to fry to push my people away in Little Haiti. They pretend they don't live in Little Haiti, but they do live in Little Haiti. They pretend they live in Little River or Lemon City, but a lot -- a few elements try to push my people away because they -- Chairman Gonzalez: You have used the time. Commissioner Spence -Jones: Thank you -- Chairman Gonzalez: Thank you. Commissioner Spence -Jones: -- Mr. Calixte. Mr. Calixte: Thank you. Chairman Gonzalez: Thank you. Yes, ma'am. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I would like to say that I think it's pretty shocking, and I agree, there's been not enough communication and not in depth communication between the City and the Planning Department and everybody involved officially with Miami 21 and the neighborhoods. Even from the first presentation of Bicentennial Park, when the Mayor of Charleston spoke and Mayor Manny Diaz, and we were all asked to submit questions. How many years ago was that? Even those questions have not been answered, and I find it shocking that in three years ofgoing over this stuff with all the complications, this big City and all the neighborhoods asking questions, that less than 500 questions have been answered by the Planning Department. I mean, just look at the numbers, and we were told we could communicate with DPZ. Many, many homeowners associations, probably 15 or 20, from North Miami, Morningside, Buena Vista, they all submitted detailed ideas and petitions and plans and maps from their neighborhoods after consultation with the neighbors as to what they wanted to happen in Miami 21. This is historic districts. This is districts that are historic and want to have neighborhood conservation districts and can't have them, we're told, till Miami 21 gets through, so -- and I know in the Coral NET (Neighborhood Enhancement Team) office, where I worked, we had about eight homeowners associations. We all got together. We had a City ofMiami Page 49 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 template from Buena Vista. We took months, and we wrote documents and sent it to DPZ. They told us we could do this, and DPZ even told us we could have height limitations along these so-called corridors of three stories, and then all of a sudden, they went and told the City what we wanted, and all of a sudden, it's no longer possible; we've got to have six- and eight foot -- I mean, 88 -- 8-story condos, and it's destroying the neighborhood; it's surrounding them -- Chairman Gonzalez: Thank you. Ms. Sandoval: -- with prison walls. Chairman Gonzalez: Thank you. Ms. Sandoval: Anyway, I just wanted to say, Mr. Gonzalez, that as far as I'm concerned, after being to every meeting, every public meeting, and being on this for three years, that Miami 21 is a joke and a smoke screen to -- Chairman Gonzalez: Thank you. Ms. Sandoval: -- let the developers -- Chairman Gonzalez: Thank you. Ms. Sandoval: -- develop. Chairman Gonzalez: Thank you, thank you, thank you. Yes, Commissioner. Commissioner Spence -Jones: I just want to -- I do understand, Mr. Chairman, that this item has definitely gone on a lot longer than, I'm sure, we all anticipated. I just really wanted to make two little statements, and I'll be done, OK? Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: As I stated earlier, most of the issues that were passed out were passed out in reference to my district, and for the last seven or eight months that I've been working on the project, I can say that -- and I want to have Ana -- I don't know where Ana is. Ana, Lourdes -- Ana -- where's Ana? Ana, Lourdes, your whole Miami 21 -- who's your Miami 21 team that's been working with you on staff? Where are they? Just ask them -- Ms. Gelabert-Sanchez: Yeah. It has been Lourdes Slazyk, Orlando Toledo, Luciana -- Commissioner Spence -Jones: Luciana. Ms. Gelabert-Sanchez: -- Gonzalez was here from Planning, and Sylvia -- Commissioner Spence -Jones: OK. Ms. Gelabert-Sanchez: -- who's here also from -- Commissioner Spence -Jones: OK. Ms. Gelabert-Sanchez: -- Village Marketing. Commissioner Spence -Jones: Let me say this. In the very beginning, Commissioner Sarnoff I had -- and Commissioner Regalado -- you know that had a big issue with the Miami 21 issue, especially when it came to making sure that my community understood what was happening with City ofMiami Page 50 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 the overall process. I personally got involved in it by holding personal hearings in two areas throughout my district to make sure that I personally had it put on record the items in which the neighbors and the business owners in the community were able to come out and put those -- that information on record, personally did that. Two -- outside of DPZ -- and I requested for DPZ not to be there, because I wanted people to speak freely about what their issues and their concerns were. I personally did that with your team, and from that point, we collected the data. After that -- and Ana and I just had a conversation recently -- we were to have one overall meeting with both areas within my disfrict to kind of get a final report, based upon what my residents and my constituents felt they needed to have happen within their area communicated to DPZ in a public hearing forum, to the staff and to DPZ. Just had a conversation with Ana last week and said I think that we're ready to do that now. Now, I have to say, Ana's team -- because in the very beginning, I had a huge, big issue with how they were getting the messages out, I asked for them to diversify they [sic] team and they have done that. Now, Mr. Calixte mentioned earlier about his community not knowing. The round of postcards have gone out in English, Spanish, and in Creole to make sure, at least, the residents will begin to get information about it. I also asked that -- especially on Haitian radio, because that is the medium within my disfrict, not just Lemon City and Little River, because it includes all three of them, that it was important that all those folks had the information, and if we needed to use that medium to make sure that if we were going to make life -altering changes, that we needed to do that, that happened, so to my understanding, that is getting ready to start relatively soon, but I just -- this issue has created so much division in a certain area in my district that it's ridiculous, and personally, you know, while I -- it is my responsibility as the elected official to represent all groups and all individuals in the neighborhoods, I cannot let one particular group rule the whole community. It just can't happen, so I have to do everything that it takes, from my perspective, as the elected official, to do whatever it takes to encourage staff to make sure that if it means knocking on doors, mailing stuff to people's houses in those areas, in those -- especially in those communities that people are working two or three jobs because they're frying to take care of their families, that I do whatever it takes to make sure they get the information before anything changes for them or their small businesses taking place in those neighborhoods, I'm going to do that, and for it to be communicated that there has not been any progress on that end is definitely not true, and as a matter offact, not only just did we begin to make sure that we had those changes from the Miami 21 perspective by diversifying the message, I also created an individual group just in that particular area that included property owners, business owners, right in that Little River industrial park area, because this is where all this is coming from on this particular issue, OK, and I made sure that I attended the meetings and continue -- appointed a chair to begin to address, not just Miami 21 issues, but issues that the businesses have been suffering with for a very long time, and to see this come the way that it came today, to me, I think was a blatant slap in my face, personally, but that's neither here nor there. I just want to set the record straight that, in District 5, we have been working to make sure that we include everybody, not one particular group, but all groups, before any decision is made that's going to affect my district, and I just wanted to at least acknowledge -- because I'm not saying that staff has not made their mistakes on communicating the messages and getting things out, but understand, just as you represent and you represent and you represent your district, it is my responsibility to make sure I hear all people, and that's what I've been doing, and as a matter offact, the reason why the issue has slowed down is because I encouraged that before you -- I don't care if you're trying to meet all these deadlines and do this. If my community, the disfrict in which I serve, the folks have not gotten the information, then you need to slow it down, because to me, it's more important that we make a good decision for all people than to rush just to meet these unnecessary deadlines, and I know for a fact that's been some of the hold up on -- from your perspective, because they've been trying to catch up with all of the stuff that had not gotten done regarding my district, so I do want to say this in closing, and I'm sorry, Mr. Chairman -- Chairman Gonzalez: It's all right. Commissioner Spence -Jones: -- for taking over your meeting -- City ofMiami Page 51 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: It's all right. Commissioner Spence -Jones: -- but you know, when you get in a seat over a district that has been deprived and neglected for so long, you have a -- you would not -- you could not even begin to imagine -- you cannot even begin to imagine what one has to go through to fry to uplift people from where they are, build hope in a area, in the communities where, for some reason, there was no hope, you know, and again, I took on that responsibility because I decided that I wanted to run and make a difference for the people that I serve, and I take that job very, very seriously, and I'm not going to ever make any decisions that I feel, in the long run, are going to affect it, not knowing it without, at least, trying to do whatever I need to do to make sure that that happen, and I put together, through the support of my residents and my constituents, a District 5 plan because I thought that it was important to do that, so I'm not going to rush and do anything, and I don't think that we should rush and do anything until it is the right thing for the residents of our districts in which we serve, so I'm going to say to Ana and I'm going to say to your team, and I very seldom tell y'all thank you on a lot of stuff, but I do thank you for taking your time in making sure that the message to my residents get -- is getting out on the Miami 21 issue, because it's really important that you do do whatever it takes. Every community is a different community. We just happen to have in my community a very savvy group, like Sylvia Wong and her group. They're savvy and they stay on top of it to make sure that information is out and it's proper and it makes sense for the constituents that they serve, but then there's a group of folks that aren't -- don't have that same type of -- those same type of resources or abilities or, quite frankly, can't be here at 11 o'clock in the morning, OK, because they got to work three jobs to take care of five or six kids, you know. They can't afford to do that, and that's fine, but then that becomes my responsibility to do that, and I appreciate what you guys have been doing to at least make sure, if nothing else, the message gets out there, and I really appreciate it. Commissioner Regalado: Mr. Chairman, thank you for your patience, and I apologize ifI created a delay in the -- but I think it's important to have this public debate. DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES City ofMiami Page 52 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 PUBLIC HEARING PH.1 07-00177 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Police (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF NINETY-SEVEN (97) TASERS, STYLE NO. X26, MODEL 26012 AND RELATED EQUIPMENT, FROM TASER INTERNATIONAL INC., OR ITS FLORIDA AUTHORIZED DISTRIBUTOR, FOR THE DEPARTMENT OF POLICE, AT AN AMOUNT NOT TO EXCEED $80,000; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 00001.191507.664000.00000. 07-00177 Legislation .pdf 07-00177 Summary Form.pdf 07-00177 Memo .pdf 07-00177 Memo 2 .pdf 07-00177 Memo 3 .pdf 07-00177 Notice of Public Hearing .pdf 07-00177 Letter .pdf 07-00177 Order Form .pdf 07-00177 Summary Fact Sheet.pdf Motion by Vice -Chairman Sanchez, 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 R-07-0104 Chairman Gonzalez: All right. We have PH.1. PH.1 is a resolution. Vice Chairman Sanchez: It's a public hearing. I so move it. Chairman Gonzalez: It's a public hearing. We have a motion. Is there a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second. It's a public hearing. Anyone from the public that wants to speak about Tasers for the Police Department? Vice Chairman Sanchez: They're cheaper -- Chairman Gonzalez: Nobody wants to speak about Tasers, OK Commissioner Regalado: They should. Vice Chairman Sanchez: -- than bullets. Chairman Gonzalez: Public hearing is closed. Jorge L. Fernandez (City Attorney): It requires four fifth. City ofMiami Page 53 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: It require four fifth. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It pass. City ofMiami Page 54 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 PART B Chairman Gonzalez: All right. We completed the regular agenda. We're going to be taking the Planning and Zoning items this afternoon, butt want, before we reconvene, for the sake of the people that might be here for item PZ.9, PZ. 10. PZ.14, PZ.15, and PZ. 16, they are being defer for March -- Vice Chairman Sanchez: Twenty-second. Chairman Gonzalez: -- 22. Commissioner Regalado: PZ (Planning and Zoning) -- which one? Chairman Gonzalez: PZ.9 -- Commissioner Regalado: 9 -- Chairman Gonzalez: --10 -- Commissioner Regalado: --10 -- Chairman Gonzalez: --14 -- Commissioner Regalado: --14 -- Chairman Gonzalez: --15 and 16. They are being defer for March 22. Commissioner Regalado: OK. Vice Chairman Sanchez: All right. Recess. [Later..] Chairman Gonzalez: Well, good afternoon, ladies and gentlemen. Welcome to this Planning and Zoning meeting of the City ofMiami in this historic chambers. Mr. City Attorney, will you read the procedures to be followed -- Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: -- in the meeting? Mr. Fernandez: Certainly. Mr. Chairman, Commissioners, members of the public, P&Z (Planning & Zoning) items shall proceed as follows. Before the P&Z agenda is heard, all those wishing to speak will be sworn in by the City Clerk. She will do that momentarily. Staff will briefly describe the item and give you the history of the same, whether it's an appeal, or a special exception, a variance, vacation and abandonment, a text amendment, a zoning change, a Comprehensive Plan change or a MUSP (Major Use Special Permit), and staff would also make its recommendations on that item. Immediately after staff presents, then, if it's an appeal, the appellant, if it's an application, the applicant or petitioner will present their case. The Chair will allot time, according to the agenda, ranging between ten to fifteen minutes, for the appellant or the applicant. Immediately after the appellant or the applicant make their presentation, if it's an appeal, the appellee will present its case. The Chairman will also, likewise, limit that presentation to ten to fifteen minutes, according to the agenda. After that, members of the public will be permitted to speak on each of the items appearing in this afternoon agenda. The Chairman will limit the length of time that members of the public will be able to speak, ranging City ofMiami Page 55 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 from two to five minutes, according to the agenda for the day. Anyone making a presentation may ask questions of any of the presenters. All questions must be addressed through the Chair, and they will be answered also through the Chair. After the public input, either the appellant or the petitioner will be permitted to make final comments. That's what's called rebuttal. There is no counter -rebuttal or there is no other opportunity for anyone else to speak after the appellant or the petitioner complete their presentation. At that point, the Chair will close the public input portion of the public hearing, bring the item to the Commission, and the Commission itself would deliberate. The Commission may choose to ask questions of any of the presenters to elucidate on the debate. After that, the Commission proceeds to take a vote on the item. That is, in short, the protocol or the process that this Commission typically follows in hearing P&Z items. Mr. Chairman, you announced this morning that the following items will be continued to the March meeting. Those are items PZ.9 and 10, 14 and 15 and 16. Thank you -- Chairman Gonzalez: That is correct. Mr. Fernandez: -- Mr. Chairman. Chairman Gonzalez: Thank you, Mr. City Attorney. Madam City Clerk, will you swear the witness, please? Pamela E. Burns (Assistant City Clerk): For those of you who plan to provide testimony this afternoon, would you please stand and raise your right hand, please? The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: OK. Please be seated. Thank you. PZ.1 06-02237 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A WATERFRONT CHARTER REQUIREMENT AS SET FORTH IN SECTION 3(mm)(ii)(A) OF THE CHARTER OF THE CITY OF MIAMI, AS AMENDED, WHICH ESTABLISHES A 50-FOOT SETBACK REQUIREMENT FOR ALL PROJECTS ALONG THE MIAMI RIVER, EAST OF NORTHWEST 5TH STREET, TO PERMIT A 20-FOOT SETBACK ALONG THE WATERFRONT (REAR) YARD AND SIDE YARDS EQUAL TO EIGHTEEN (18) FEET ON THE NORTH SIDE AND THIRTY-SIX (36) FEET ON THE SOUTH SIDE FOR THE 1001 BRICKELL BAY TOWER PROJECT, TO BE LOCATED AT APPROXIMATELY 1001 BRICKELL BAY DRIVE A.K.A. 1001 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. 06-02237 Zoning Map.pdf 06-02237 Aerial Map.pdf 06-02237 Letter of Intent with Supporting Docs.pdf 06-02237 UDRB Reso.pdf 06-02237 Plans.pdf 06-02237 Legislation (Version 1).pdf 06-02237 Exhibit A.pdf 06-02237 Fact Sheet 01-25-07.pdf 06-02237 Fact Sheet 02-22-07.pdf LOCATION: Approximately 1001 Brickell Bay Drive A.K.A. 1001 S Bayshore City ofMiami Page 56 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Drive [Commissioner Marc Sarnoff - District 2] APPLICANT(S): N. Patrick Range, II, Esquire, on behalf of Brickell Bay Tower, Ltd., Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PURPOSE: This will allow fewer setbacks than required for the 1001 Brickell Bay Tower project. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0106 Chairman Gonzalez: All right. The first item is PZ.1. Jorge L. Fernandez (City Attorney): Yes. Staff will present. Chairman Gonzalez: Mr. Lavernia, good afternoon, sir. Roberto Lavernia (Chief of Land Development): Good afternoon. For the record, Roberto Lavernia, with the Planning Department. Item PZ.1 is the request to waive the requirement of 50-foot setback from the City Charter for the building on 1001 Brickell Bay Drive. There's an existing office building known as E-O-N building. They are requesting to waive the setback in order to have a residential component in an existing office building. Planning Department originally recommend denial of the application. After working with the applicant and accepting what they proffer, which is open the bay walk to the public and providing a new visual from the water to the building, with a residential component, we change our -- we're recommending approval of the request. Thank you. Chairman Gonzalez: Thank you. Good afternoon, Lucia. Lucia Dougherty: Good afternoon, Mr. Chairman -- Chairman Gonzalez: How are you? Ms. Dougherty: -- members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on behalf of the owner and the applicant, and with me today is Mauricio Cavalieri, as well as Julio Diaz and his colleagues, the architect with Fullerton and Diaz. As the staff just mentioned, this is an existing office building, which has an open garage facing the bay, which is not open to the public at this time. In other words, there is a walkway in front of the building that is terraced with private terraces, and it is not open to the public, and because it is a property that is -- has a huge inlet, vis-a-vis, the property to the north, which is the Four Ambassadors and the property to the south, which is the Yacht Club, and it -- because it goes in and it's an inlet, there is all kinds of garbage and debris that floats into the bay and gets caught in there. They -- the building manager is here today, and he could testify that he has found furniture, goats -- dead goats, get dead animals of every kind, and they collect into that inlet. Also, this morning there was the general counsel of Barton G. who lives in the Yacht Club immediately adjacent to this site, and she was watching it on TV (television), the application last month, and was watching it on TV and she said, this is something I have to come down and support, and she was here this morning all day, but she -- because Barton G. is out of town; she City ofMiami Page 57 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 has to run the office, and she could -- I hope she comes back, but if she's not here, she was here all this morning in support of this application, because when she goes out at night, there is no place to go, and not only that, it is a very dangerous condition. The manager is here; can tell you that, in the past, he has been attacked by people around -- who are hanging around; vandalism at night. This would bring eyes, security, and an aesthetic to the building that isn't there before. We believe that it would be safer for future residents and it'll be safer for the current ones that live next door. Staff is now recommending approval, as you've heard, because we have decided to not put units on the ground floor, but instead, to have retail and restaurants on the ground floor, which would make the public want to come to this area, which again, would make it a safer condition. With that, I'd like Julio to -- Julio Diaz to come forward and testify as to the exact architecture of the project. Julio Diaz: Mr. Chairman, Commissioners, my name is Julio Diaz. I'm an architect with Fullerton Diaz, with offices at 366AltaraAvenue, in Coral Gables. I'll be brief and I'll concentrate my comments on the relationship between the bay walk and the proposed addition to the building. The -- this is a unique site, because of the fact that it was never filled, so there's an indentation on the site that makes this site very difficult to develop. In addition to that, the bay walk ends at the north part of the property, so it be -- there's a dead-end condition there, and in addition to that, the building that we have there now is an office building with a parking garage on the first ten floors, which, at night and on weekends, is completely empty, and it doesn't provide any safety or any views of the people walking on the bay walk, so you have a condition where there's no light, there are no people walking around, and there's no place to get to once you get to the end of the bay walk. The addition to what we're proposing is going to rectify some of those problems, I think. First of all, it would provide a liner, which you have light and people, people sitting on the balconies, people looking out the windows, people walking in and around the building, andl think that would help in this situation in terms of the safety, and in addition to that, the first floor would not have any units, so the full width, the full 50 feet of the first floor will be part of the bay walk, and in addition to that, we're proposing to put a restaurant, a restaurant that would attract people and that would create an amenity that would make people want to go to the end of the bay walk, which, today, that doesn't exist. We also hope that that would entice the neighbors to the north to open their bay walk so that the bay walk will be a full complete bay walk from our area all the way to downtown Miami, and I think that, in my opinion, this is an improvement over what is there now. I think that it's in a much better condition and one that'll be more conducive to people using the bay walk, and if you have any questions, I'll be happy to answer them for you. Ms. Dougherty: I have a question. Has -- is this taking away any public space that already exists? Mr. Diaz: No. The public space will be the same. The 50 feet will be maintain, and it's a different condition, and the reason that it is a different condition is because this is a very unique site. Some people have said that maybe it would create the precedent. I can't see how it would create a precedent because this is a unique site; that there's no other one like it, and I think it's needed. A different solution is needed for this particular place. Vice Chairman Sanchez: So -- I have a question, so the 50 feet maintains open to the public? Mr. Diaz: Yes. It would be completely open to the public. There will be a plaza. There will be a place where people can sit and read a book or read a magazine or newspaper. There will be a restaurant there that will be covered; will be a public space, so that full 50 feet will maintain open to the public. Vice Chairman Sanchez: So the restriction is only the 20 feet for the bay walk, right? So you have the 20 feet bay walk, and then you have the additional 30 feet -- City ofMiami Page 58 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Diaz: Right. Vice Chairman Sanchez: -- which is still open to the public. Mr. Diaz: Exactly. Ms. Dougherty: I wanted to also mention that, currently, the requirement for open space is only ten percent, and we're providing actually -- or 10,000 square feet, and we're providing actually 29,000 square feet, so we actually have more open space than is required, even with these units. Mr. Diaz: I would like to mention also that in the City ofMiami now, that building could not be designed or permitted the way it is because it doesn't have a liner. A liner is always required to cover the garage. It's a shame that what we have now is parking spaces looking at the water, where there should be people and units looking at the water, and also the fact that you're providing eyes on the street,• in this case, eyes on the bay walk. Chairman Gonzalez: All right. That concludes your presentation? Ms. Dougherty: It is -- it does. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address the Commission in reference to this item, please come forward. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I think that this is very good, the improvements that have been made, and I only have one question, which I really -- I mean, to ask Lucia, and then I wish to offer -- suggest that perhaps a covenant could be offered. Is the bay walk, itself 20 feet wide? Ms. Dougherty: I'm going to ask Daisy or Julio to answer exactly what the dimensions are. Mr. Diaz: The distance between the seawall and the building is 50 feet. There's 20 feet that is open to the sky. There is 30 feet that is underneath the building. The people that -- the general public can use all 50 feet. Ms. Sandoval: And can they like walk along, side -by -side, maybe with a kid on a tricycle in 20 feet? That would be sufficient, correct? Mr. Diaz: Yeah. Twenty feet is the width of a parking space, so a little bit more than the width of a parking space, so you could do that. Ms. Sandoval: Yeah. Well, that's very good, and all the bay walk should be that wide and many aren't, and I know Commissioner Sanchez is particularly interested in the bay walks, and that every building that comes up here and is going to have one, I think it should be at least 20 feet. I wish to suggest that, perhaps, a covenant would be nice on this, so that the homeowners association or the co-op board or the condo board could never close off the ends of the bay walk to the public. Ms. Dougherty: That's not a problem. Vice Chairman Sanchez: We don't need a covenant for that. They'll never do that. Ms. Dougherty: We would agree to that. Ms. Sandoval: Thank you. City ofMiami Page 59 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: Thank you. Anyone else from the public that wants to speak on this item? Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Sarnoff Mr. Chairman, let me make a motion for purposes of discussion -- Chairman Gonzalez: Go ahead. Commissioner Sarnoff -- to approve it. Commissioner Regalado: Second. Commissioner Sarnoff OK. Chairman Gonzalez: We have a motion, and we have a second. Discussion. You're recognized. Commissioner Sarnoff I met with Karen Atkinson, who lives at 1111 Brickell Bay Drive, when she was here this morning, and I think there are others who could -- we all know this particular venue pretty well. Apparently, this is nothing more than an inlet that collects garbage, and in the summer becomes problematic, as you can imagine. With the heat of the sun and allowing it to cook out there, it becomes a pretty smelly, ugly place. I think what we have here is an opportunity. I think what we have here is an opportunity to close that inlet and create a park, and I think that's what we should have -- what I'm going to suggest is an approval with conditions, and the condition being that they create a park right there. I could give you -- Ms. Dougherty: Let me -- Commissioner Sarnoff -- the conditions. Ms. Dougherty: -- can I respond to that? Commissioner Sarnoff Sure. Ms. Dougherty: This is something that we looked at when we first looked at the project. We thought it would be a great idea to close in that inlet, not just for -- not just because it would be a public park, but because it would be beneficial to us, as well, to have that be flush, and then we wouldn't have to clean it all the time, and that's one of the things that the client has also agreed to do, to clean the inlet in the event that it doesn't get filled, but we looked at that issue, and we went and visited our environmental lawyers, and they said that this is -- do you own the property? And the answer is no, we don't own the submerged lands. The State of Florida owns the submerged lands, so you would have to -- Vice Chairman Sanchez: Part of the covenant. Ms. Dougherty: -- get a submerged -- Commissioner Sarnoff Right. Ms. Dougherty: -- land filled -- you'd have to ask the -- Vice Chairman Sanchez: The Cabinet. Ms. Dougherty: -- the Governor and Cabinet to -- Commissioner Sarnoff Right. City ofMiami Page 60 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Ms. Dougherty: -- give you the property to either sell it or -- Vice Chairman Sanchez: The bay bottom rights. Ms. Dougherty: -- grant it to the City. Vice Chairman Sanchez: The bay bottom rights. Ms. Dougherty: I mean, not to the City, but to the owner, and I told the owner there's no way that that's happening for you because the standards are much too high. You have to have clearly in a public interest and a hardship, a very, very extreme hardship. That's the two conditions, so they would never be able to do it, but if you, the City, were to go and apply, I -- it wouldn't be out of the question, in my mind, that the state of Florida would grant this to you because it is an unsafe condition the way it is now, and it would be in the public interest if you get a park, so if -- Commissioner Sarnoff Let me -- Ms. Dougherty: -- the City were to do that, I don't think there would be any problem with doing that. If we were to try to do it, I don't think that would occur. Commissioner Sarnoff -- see if you would agree to this. If we direct the City Attorney to immediately apply to transfer or sell or acquire the underground, I guess, the submerged land rights and apply to have it closed in, have Ms. Dougherty's client pay for the fill-in and make it into a passive park, subject to the approval of this Commission, at the property owner's expense, provide public access by all -- by the means we've described, keep the park open 24 hours a day, let them pay for maintenance and security there, and this will all occur immediately, and in the event the Governor were to say no -- and I don't know why he would, but in the event he would not, then the monies that it would have cost you to put this park in here, that your client be willing to donate to another park in and around District 2. Ms. Dougherty: Let me just find out from the client if that's acceptable. Mr. Fernandez: And while she's finding out, what Commissioner Sarnoff is suggesting is something that the City has done before, and typically, it is well received by the Governor and Cabinet -- Vice Chairman Sanchez: Look -- Mr. Fernandez: -- as long as the City is a co -applicant, or it would be used certainly for a public purpose. As he has stated, it's intended to be a park for public use -- Commissioner Sarnoff Correct. Mr. Fernandez: -- and it depends now whether the applicant is willing then to transfer, as it were, the amenities and the costs and all of that to this portion. Vice Chairman Sanchez: Well, the process is much, much easier when the City is the applicant, when you go to the Cabinet at the State to require to get the bay bottom, so that's -- I think that's the avenue that we should take. Commissioner Sarnoff I agree. Ms. Dougherty: I think it would be fantastic, and my client would agree to pay -- if you all were able to get the Governor and Cabinet to allow us to fill it, we would fill it and maintain it and clean it -- or fill it, bulkhead it, and do whatever's necessary to create a park there. City ofMiami Page 61 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Sarnoff The creation of a passive park -- Ms. Dougherty: That's correct. Commissioner Sarnoff -- the costs, the maintenance -- Commissioner Spence -Jones: Security. Commissioner Sarnoff -- and the security, correct. Ms. Dougherty: We would do that. Now -- Commissioner Sarnoff Failing in same -- Ms. Dougherty: No. Wait a minute. Just a second here. Commissioner Sarnoff Go ahead. Ms. Dougherty: This -- the -- because we looked at this issue before -- Commissioner Sarnoff Right. Ms. Dougherty: -- we know that this was going to cost us about $700,000 to do this, but it's a big benefit to us as well. Vice Chairman Sanchez: I was just going to say that. Ms. Dougherty: This is a huge benefit to us to do this, which is why he would agree to do this, but to give money elsewhere, we're happy to do that, but I don't think it should be at the same amount, because it wouldn't be a benefit to us. Commissioner Sarnoff It should be a lot more, right? Ms. Dougherty: No, less. Commissioner Sarnoff Really? Ms. Dougherty: That's what we think. Vice Chairman Sanchez: But -- look, I think this is a great idea. It's about looking at all our options. It's about thinking outside the box, and when we're able to interact and come to a mutual agreement as to not only we're going to better make your project a better project, but we're going to make the bay walk and add a park through the bay walk. Ms. Dougherty: No. It would be -- Vice Chairman Sanchez: -- people could sit there -- Ms. Dougherty: -- a fabulous project. Vice Chairman Sanchez: -- and have a cup of coffee and read the paper now -- Ms. Dougherty: No question. City ofMiami Page 62 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Vice Chairman Sanchez: -- and really enjoy our bay. I mean, this is a win -win situation for us. Ms. Dougherty: It is. Vice Chairman Sanchez: I agree in partnering up to make this happen, so if that's your motion, Commission [sic], I -- I believe there's a second already by -- Commissioner Sarnoff There is, but -- Ms. Dougherty: Can I -- Vice Chairman Sanchez: -- Commissioner Regalado. Ms. Dougherty: -- just make one addition, though, and one observation? At the time at which we CO (Certificate of Occupancy) the building and start closing units, that's when we have the money to give to the park or to start filling it, so that's when I would like this condition to be operable, at the time that we get a CO, and hopefully, by then we could be doing our building at the same time as we're doing your park, but that's what we would like. Commissioner Sarnoff At this -- Vice Chairman Sanchez: But I think it's prudent that the City, you start the process as quickly as possible, so -- Ms. Dougherty: Oh, abs -- Vice Chairman Sanchez: -- therefore -- Ms. Dougherty: -- no. You're going to start the process. Vice Chairman Sanchez: Exactly. Ms. Dougherty: Right, exactly. Vice Chairman Sanchez: All right. Ms. Dougherty: I totally agree -- Vice Chairman Sanchez: Because --I mean -- Ms. Dougherty: -- but our condition -- Vice Chairman Sanchez: -- when your project gets finished -- Ms. Dougherty: -- to either -- Vice Chairman Sanchez: -- that park should be finished. Ms. Dougherty: -- to give you the money for a separate park or build this one would come at the time of CO. In other words, you hold our CO; we don't get to close, if we don't pay the money. Vice Chairman Sanchez: Well, I'm more inclined to building this one because it'll add greenage [sic] area to -- Ms. Dougherty: We (UNINTELLIGIBLE) -- City ofMiami Page 63 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Vice Chairman Sanchez: -- our parkland -- Ms. Dougherty: We agree. Vice Chairman Sanchez: -- to our City -- Ms. Dougherty: This is a -- Vice Chairman Sanchez: -- but if that's not the option, then, of course -- Ms. Dougherty: We agree with that. Vice Chairman Sanchez: All right. Ms. Dougherty: That would be the best thing. Commissioner Sarnoff But you're saying at CO, which means you would have already constructed the building. Ms. Dougherty: That's correct. Commissioner Sarnoff I'm a little lost on that. Why would you leave -- why would you not have the requirement to have built the park? Ms. Dougherty: We have the requirement now -- Commissioner Sarnoff Right. Ms. Dougherty: -- because you're not going to give us the CO unless we either build a park or -- Commissioner Sarnoff Conditioned upon the -- Ms. Dougherty: Correct. Commissioner Sarnoff -- issuance of a CO. I see. Ms. Dougherty: Right. Vice Chairman Sanchez: That's -- Mr. Fernandez: Yes. Vice Chairman Sanchez: -- our chip. Commissioner Sarnoff I got you. I'm -- Vice Chairman Sanchez: That's our ace in the pocket -- Commissioner Sarnoff -- slow, but I -- you know -- Vice Chairman Sanchez: -- the CO. Commissioner Sarnoff -- the frain eventually comes to the station. City ofMiami Page 64 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Fernandez: And Ms. Dougherty is not leaving Miami in the near future. Ms. Dougherty: And it's not -- Commissioner Sarnoff Have you seen her -- Ms. Dougherty: -- coming out of my pocketbook. Commissioner Sarnoff -- place in Aspen? Mr. Fernandez: Well -- but she's not leaving -- Commissioner Sarnoff OK. Mr. Fernandez: -- Miami any time soon. Ms. Dougherty: I guarantee you, you haven't seen my place in Aspen. Commissioner Regalado: Mr. Chairman, ifI may. Just a -- Ms. Dougherty: He -- my client asking, he can do the work at the same time he's doing his project, if you have the approvals -- Commissioner Sarnoff Correct. Ms. Dougherty: -- and that's correct. This is only -- the CO issue comes in the -- Commissioner Sarnoff Correct. Ms. Dougherty: -- event that -- OK -- we don't -- Commissioner Sarnoff It's a carrot stick. Ms. Dougherty: -- get the -- Commissioner Sarnoff Correct. Vice Chairman Sanchez: That's great. Commissioner Sarnoff Carrot stick. Commissioner Regalado: One thing is for sure. I remember that every year, in the last two or three years, in the Brickell Key channel -- Ms. Dougherty: Oh, yeah. Commissioner Regalado: -- there is the dragon boat race. Ms. Dougherty: Correct. Commissioner Regalado: Before the race, the organizer have either to come to the City or pay for themself to clean all the debris around that building because it's part of the -- of their throughway, and that area, it really accumulates a lot of debris because it comes -- Ms. Dougherty: Yes, it's true. City ofMiami Page 65 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Regalado: -- from the bay, but the question is who owns -- Ms. Dougherty: The State of Florida. Commissioner Regalado: OK, so whose responsibility is to clean the shoreline? Not only that, but would it be South Florida Water Management or the Marine Patrol? Ms. Dougherty: It's -- you know, I don't know the answer to that question. I don't know whose responsibility it is. Vice Chairman Sanchez: Nobody. Commissioner Sarnoff Right. Commissioner Regalado: But -- yeah, and I fully support. I think it's a great idea, this, but I'm just saying that we have that issue there because of the inlet, but we do have some -- we -- I remember that last year, they had a huge problem in front of the church, you know, in Brickell -- Ms. Dougherty: Yes. Commissioner Regalado: -- because they have like a boat had sunk back during Wilma, and it wasn't -- not an eyesore, but it was a safety hazard for everyone, so just in case, we need to advise the State that we have this issue of that channel that is really important, so -- Ms. Dougherty: Mr. -- Commissioner, can I try a potential condition on you? Commissioner Sarnoff Sure. I was going to come up with one, too, but -- Ms. Dougherty: OK, fine. Commissioner Sarnoff I was just going to suggest that the number you should have to pay in the event we're unsuccessful would be $800, 000, because I hear, just through a birdie, that you have very good lobbyists at Greenberg Traurig and that that would probably cover the costs in the event -- it's sort of like the extra carrot and the exfra stick to make sure the park happen. I don't want to see us get the money. I want to see the park happen. Ms. Dougherty: We do, too. That's what my client is saying. Commissioner Sarnoff See, I like your client. It's the lawyer that's tough. Ms. Dougherty: All right. Should I -- can I read a -- Commissioner Sarnoff Absolutely. Ms. Dougherty: -- potential --? Commissioner Sarnoff You're in much -- Ms. Dougherty: In the event that the City is granted permission to fill the sovereignty submerged lands by the time that the CO is issued for the property, the developer will bulkhead, fill, and landscape the property as a public park. If by the time the CO is issued, the City has not been granted permission, the developer shall donate to the City to be spent on a park in District 2. Commissioner Sarnoff How much? City ofMiami Page 66 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Vice Chairman Sanchez: Yeah. You heard the "ugh." Commissioner Sarnoff Did it -- Vice Chairman Sanchez: That was intentionally [sic]. Commissioner Sarnoff --just go up $50, 000 with that "ugh?" Ms. Dougherty: Eight hundred. Commissioner Sarnoff Oh, OK. Mr. Fernandez: That is thousand. Commissioner Sarnoff That is thousand. I agree with the -- Ms. Dougherty: That is thousand. Commissioner Sarnoff -- City Attorney over there. Vice Chairman Sanchez: Boy, you attorneys don't frust anybody. Chairman Gonzalez: All right. Any -- Commissioner Sarnoff Call the question. Chairman Gonzalez: -- further discussion on the item? Vice Chairman Sanchez: As amended. Commissioner Sarnoff As amended, yeah. Chairman Gonzalez: All right. We have a motion, and we have a second, as amended. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Motion carries. Ms. Dougherty: Thank you very much. Commissioner Sarnoff Thank you. Chairman Gonzalez: PZ.2. Vice Chairman Sanchez: You drive a hard bargain, Commissioner. Commissioner Sarnoff That's your bonus for this year. PZ.2 05-01524mm RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A PREVIOUSLY APPROVED MAJOR USE SPECIAL City ofMiami Page 67 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 PERMIT PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 3760 BIRD ROAD PROJECT, TO BE LOCATED AT APPROXIMATELY 3760 BIRD ROAD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 292-FOOT, 12-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 14,217 SQUARE FEET OF RETAIL AND 318,406 SQUARE FEET OF OFFICE SPACE, APPROXIMATELY 9,410 SQUARE FEET OF RESTAURANT SPACE, PLUS AN ADDITIONAL OUTDOOR RESTAURANT SEATING AREA OF APPROXIMATELY 1,725 SQUARE FEET, AND APPROXIMATELY 1,099 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-01524mm - PAB Supporting Documentation.pdf 05-01524mm PAB Reso.PDF 05-01524mm Zoning Map.pdf 05-01524mm Aerial Map.pdf 05-01524mm - Projects in the Vicinity.pdf 05-01524v CC Fact Sheet.pdf 05-01524v CC Analysis.pdf 05-01524v ZB Reso.pdf 05-01524v CC Legislation (Version 2).pdf 05-01524v CC Exhibit A.pdf 05-01524v CC Exhibit B.pdf 05-01524mm - Front Cover.PDF 05-01524mm - Inside Cover.PDF 05-01524mm - Table of Contents.PDF 05-01524mm - I Project Information.PDF 05-01524mm - I -A Letter of Intent..PDF 05-01524mm - I-B Major Use Special Permit and Variance Applications..PDF 05-01524mm - I-C Major Use Special Permit Resolution No. 06-0188..PDF 05-01524mm - I-D Zoning Write Up..PDF 05-01524mm - I-E Zoning Atlas..PDF 05-01524mm - I-F Project Data Sheet..PDF 05-01524mm - I-G Deed-Computer..PDF 05-01524mm - I-H Ownership List..PDF 05-01524mm - I-1 State of Florida Documents..PDF 05-01524mm - I-J Directory of Project Principals..PDF 05-01524mm - 11 Project Description.PDF 05-01524mm - III Supporting Documents.PDF 05-01524mm - Tab 1 Minority Construction Employment Plan..PDF 05-01524mm - Tab 2 Traffic Impact Analysis.PDF 05-01524mm - Tab 3 Site Utility Study..PDF 05-01524mm - Tab 4 Economic Impact Study..PDF 05-01524mm - Tab 5 Survey of Property..PDF 05-01524mm - Tab 6 Drawings Submitted.PDF 05-01524mm CC Fact Sheet.pdf 05-01524mm Submittal Devp. Analisys.pdf 05-01524 Presentation.pdf LOCATION: Approximately 3760 Bird Road [Commissioner Marc Sarnoff - City ofMiami Page 68 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Bird Road Holdings, LLC, Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on February 7, 2007 by a vote of 7-0. ZONING BOARD: Recommended approval with a condition* of the Variance on January 8, 2007 by a vote of 6-1. *See supporting documentation. PURPOSE: This will allow the substantial modification of the 3760 Bird Road project. Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0107 Chairman Gonzalez: PZ.2. Go ahead. Roberto Lavernia (Chief of Land Development, Planning Department): PZ. 2 is a substantial modification to the Major Use Special Permit for the 3760 Bird Road project that was already approved, the Major Use, for a residential building. This is a substantial modification in order to do an office building. Planning Department is recommending approval with conditions. I'm going to read, for the records, condition 11 related to design. It's 11 from (a) to (h). Number -- (a) Provide new elevation at a larger scale with detail, more particular the west elevation, for review and approval by the Planning director prior to the issuance of any building permit; (b) Reconfigure the size of the panel and include a clear indication of the material and design of this element; (c) Large area of blank wall are unacceptable; (d) The sidewalk shall remain at a consistent height throughout. Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; (e) Reduce the amount of curb cuts whenever possible, and do not locate garage openings adjacent to each other; (P Further articulate the ground floor of the building at a human scale; (g) Provide a continuous canopy of shade frees to provide comfort to -- for pedestrian along all street frontage; and (h) Provide a complete tree survey of existing conditions, including species, diameter, and spread, including all frees on -- in the right-of-way. Thank you. Chairman Gonzalez: Thank you. Yes. Lucia Dougherty: Good afternoon, again. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant, and with me this afternoon is Harvey Hernandez. Where are you, Harvey? OK, Harvey Hernandez. The property is located on Bird Road, across the street from the FP&L (Florida Power & Light) substation on Bird Road, which is right here, right? Where's the substation? Oh, it's over here. OK, so it'd be right here, and in between that property and the parking garage for the WASA (Water & Sewer Authority) building, which is located right here, the -- it's also right next to the WASA office building, located in this area right here on the map. This is an amendment of an existing Major Use Special Permit, which I'm just going to show you right here, which was a residential project that was approved about six months ago. This project is actually bigger in terms of FAR (floor area ratio), probably 25,000 square feet bigger, and the architectural was very different. Since City ofMiami Page 69 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 then, the client has decided to go with an office building, and with me is Kirila Pivovarov, and he promised he would give me some benefits ifI could pronounce his name. Anyway, this project is now 23,000 square feet less. It is now 340,890 square feet of office, whereas 361,000 square feet is actually permitted, so it's actually 20,000 square -- 21,000 square feet less than what would be permitted. The height is 274 feet. The parking spaces are 1,085 parking spaces. This is a really unique building on Bird Road because what it does is it's six stories on Bird Road and then sets back to the -- towards US 1 with the higher portion of the structure. It also has a huge urban plaza on Bird Road, which is not seen anywhere on Bird Road. By the way, this is the property that currently has the Volvo dealership on it. That's the one it's on. It's a -- Commissioner Sarnoff (UNINTELLIGIBLE) my car's going to get serviced. Ms. Dougherty: -- nationally renowned architectural firm of RTKL (Rogers Taliaferro Kosfritsky Lamb), and Kirila will present the project to you. Rodion-Kirila Pivovarov: Thank you very much for introduction. My name is Kirila Pivovarov. I'm a design principal with RTKL, offices located at 1250 Connecticut Avenue, Washington, D.C. (District of Columbia). I'll start my brief overview with a description of the site frying to reorient you and kind of point at things which Lucia already mentioned. Site located very close to intersection of the Bird Road and South Dixie Highway, in close proximity to the Douglas Road Metro Station. On this slide, you can see FPL substation, and also you could see our ten -level open parking structure of the County building, which located adjacent to our site. Several images to show you existing condition of the site. The site is occupied by automobile dealership, and the uses of adjacent properties are very similar. The aerial image is probably the most telling images. You could see that most of the site currently is a parking lot. If you look on the upper left corner, you see downtown Coral Gables in the background. Next slide is looking south. You could see a County building with a large garage across the street. Also, you could see the Merrick Park Mall adjacent -- pretty close to the property. Let me show you this slide as well and mention that there is a Coral Gables Trolley System circulating nearby, and right now, we proposing to have a station -- the stop right next to our building, so when, several months ago, H & HDevelopment approached RTKL and asked us to design a signature building with Class A Office appearance, our immediate response was that in order to achieve this goal, we need to create a special setting and a very memorable place, and to create this memorable place, we suggested to provide exfra space, extra setback along the Bird Road and create outdoor public plaza. As Lucia mentioned, if you look along the stretch of the Bird Road, which is very busy, big street in the City, you wouldn't find residential or office building with a large outdoor space, so we believe that this project will set very positive precedence in this part ofMiami, which currently being reinvented. There -- you could see -- on the slide, you could see this proposed plaza or -- on the north side of the building. The feature of this public plaza will be a retail pavilion, which will be located on the corner of 38th Avenue and Bird Road. I'll show you a couple images. This retail pavilion will be transparent; will showcase interior of the building, interior of the retail and attract pedestrians and people. This public plaza probably would be the most memorable feature of the project, but it also would be great public amenity. Let me walk you real quick through the plans. On the ground floor plan, you could see major elements, like a large amount of retail on the ground floor, the loading dock design to avoid maneuvering of the trucks on the streets, and just near the garage, proposed bank drive -through. Also, you could see the office entrance located on the 38th Avenue, on the west side of the property and the entrance into the low-rise office lining the garage, located in the middle of the Bird Road plaza. Next slide is a plan of the second garage level. Garage is efficient, and the ramp of the garage, located in the middle of the floor plan, this way we could avoid appearance of the sloped ramps around perimeter of the building. Also, you could see the -- this beige tone liner use screening the building along the Bird Road. Couple slides of the other garage levels. Here's a office -- typical office plan. The office building have proper solar orientation. We also introduced punched window articulation on the west facade to minimize solar gain and while we're on the subject, I'd like to point that this is a sustainable building. We are -- at RTKL, deeply believe in City ofMiami Page 70 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 a green building design ideas, and we incorporate them in every design we work on, and this building is no exception, and I'd like to also state, (UNINTELLIGIBLE) owner considering pursuing (UNINTELLIGIBLE) for certification exposure. Couple slides showing layout of the loading dock area. The section really shows the -- the section is the best slide to describe the summary of the project. You could see that, on the ground floor, we have retail space, which is this pinkish tone, and the gray area is the loading dock; above it, the parking garage. Also, you could see that, on the left-hand side, there's a five levels of liner use screening the building along the Bird Road all the way, and of course, above the parking garage is a office tower. Now let me take you around the building real quick. The office tower is articulated as two volumes; one clad with a glass window system, another has this articulated punched window expression. We propose to use quality materials, as I said. The similar glass facade will also cover the liner along the Bird Road, which would run along the Bird Road, turn around the corner, and screen further the garage along the 38th Avenue. We provide additional screen of the garage. If we go down the street, you could see the facade of the office tower cascading all the way down to the ground, and we're using identical details and identical materials to clad the garage identical to the office tower above. Above the entrance, you can see large, decorative stone feature. We propose to use buff dolomitic limestone with distinct gold veining, and it -- the nature of the stones, actually, when it's split, there -- will get this very sculptural surface, and when sun hits it, you'll get this (UNINTELLIGIBLE) shadow, which will resemble ripples of the ocean, so we believe that this feature would be almost like an art piece celebrating the entrance into the office building. Next facade is the facade along the Peacock Avenue. You could also see that here we used kind of same articulation in office portion, and when we fried to design the garage, we kind of applied the same rhythm of punched openings to the facade of the garage. It help us, of course, to relate to the architecture of the office tower, but it also help us to scale down -- bring down the scale of this garage wall. All the garage openings are screened with decorative metal panels. Ifyou look on the ground level along the street, you will notice that we articulated street level with 38-foot tall glass retail bay expression. Let me show you a couple of slides describing this. This retail front is really only 14 feet tall, but it appears to be almost three or four story tall. There's this glass square of spandrel panels floating above the retail cascading down 28 degrees to turn into the retail canopy. The design of this retail facade, combined with wide sidewalks and quality shade trees planted nearby will create a very memorable place, the place which will be articulated architecturally and also attractive for pedestrians. Commissioner Sarnoff What is the size of the sidewalks? What is the width? Mr. Pivovarov: The sidewalk vary. The sidewalk along the Peacock Avenue would be about 26 feet wide. The sidewalk along the 38th Avenue would be 17 foot 6 inches wide. The sidewalk along the 37th Court would be 16 feet 6 inches wide, and the plaza dimensional (UNINTELLIGIBLE) will vary. Ifyou measure from retail, it would be up to 50 feet. Ifyou measure from the face of the glass curtain wall, which will be floating above the plaza, it would be about 20 -- 26feet. This is the next facade, which has the same ideas applied to it. This is facade along the 37 Court. Several slides indicating their -- our details, and here you could see that we created this articulated facade on the west side to minimize the solar gain. The size of the structural bay is about 130 feet. The size of the window, in this case, is about 70 square feet, so we're really cutting down the amount of glass which will be exposed to the sun. Combining with the high-performance coatings and the high -efficiency mechanical system, it will allow us to create a high-performance building, which will be sustainable and energy -efficient. A couple images indicating skin of the garage, those details illustrating the stone feature above the entrance and details along the -- on the window wall system, and the last slide I'd like to show you is a landscape plan. We decided to surround this property with vegetation. You can see that we propose to use live oak trees along there, Bird Road and 37 Court. We propose to use (UNINTELLIGIBLE) trees along the Peacock, and these frees are a smaller species than live oak, but unfortunately, we have a high-tension power line right along the street, so using a smaller species of the tree would allow us to avoid conflicts with power line. The main office entrance, located along the 38th Avenue, and on this -- along this street we introduced date City ofMiami Page 71 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 palms. Date palm is a substantial tree species; will generate some shade, but it also help us to articulate and differentiate this side of the building where the entrance is from all other sides, which we're using shade trees. It also allow us the space for the large canopy. The structure of the canopy and tinted glass will also cast shadows on the sidewalks. Let me also point that we were able to accommodate all this vegetation because we are proposing quite generous setbacks along -- around the building and generous sidewalks. In conclusion, let me just point that we propose to build a memorable and sustainable building with the unique public space, and it will make a very positive contribution to the vibrant fabric of the City ofMiami. Thank you very much. We'll be happy to answer any questions. Chairman Gonzalez: Thank you. That concludes the presentation? All right. Mr. Pivovarov: Yes. Ms. Dougherty: We don't have anything else, other than to tell you that this building here, the first residential project, this is the one that was -- is currently approved for the project, actually had variances because of the parking garage, so it was almost wall-to-wall -- lot line to lot line, where this one observes and actually exceeds all the setbacks. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public --? I'm going to allow each speaker two minutes, and the attorneys, equal amount of time on both sides of the item. Yes. Judith Sandoval: Thank you. Judy Sandoval, 2536 Southwest 25th Terrace. I think this project is very handsome, and I hope you will approve it. It is rare in Miami, unfortunately, that we have buildings being built currently of this quality and sophistication, with this amount of expense and detail given to various features, which are not only practical, but decorative. This is a city where too many buildings are going up that are steel frames with cement blocks painted different colors and that's it. Congratulations to the architect. Thank you. Chairman Gonzalez: Thank you. Anyone else? Vice Chairman Sanchez: Don't get that that often. Chairman Gonzalez: Seeing none, hearing none, the public hearing is closed. It comes back to the Commission. Commissioner Sarnoff I'll make a motion for discussion purposes. Chairman Gonzalez: We have a motion -- Vice Chairman Sanchez: Second. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. Discussion. You're recognized. Commissioner Sarnoff Judith, after you said that, I don't feel like I can exfract anything, and I was all ready to exfract some things and -- Ms. Sandoval: Ask how big the frees are. Commissioner Sarnoff Right. How big are those frees? City ofMiami Page 72 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Vice Chairman Sanchez: It's not everyday you give it the thumbs up. Hr. Pivovarov: Live oaks -- we're actually using high-rise live oaks, so when mature, they would be quite substantial. They would be -- Commissioner Sarnoff See, we're DBHs (Diameters at Breast Height) here. Hr. Pivovarov: -- at least -- Commissioner Sarnoff We're into size. Size matters here. Hr. Pivovarov: Yeah. Once they grow all the way, I think they would be, at least, 30 feet tall, probably more. Commissioner Sarnoff But it's the install we like to hear about. It -- Are they going to be 16 footers with four -inch DBHs? Are they going to be something substantial? Hr. Pivovarov: Well, at this point, I'm not able to give you this specific answer. Commissioner Sarnoff I'll help you with that then. Vice Chairman Sanchez: All right. Commissioner Sarnoff Lucia, does -- this does not comport with the open space requirement, correct? Hs. Dougherty: I think it does, yes. Commissioner Sarnoff It does? Hs. Dougherty: Yeah. Yes. I'm going to let Harvey Hernandez talk about the live oaks while I look that up. Harvey Hernandez: Harvey Hernandez, 4535 Ponce De Leon, H & H Development. Every time we've done live oaks, they're about 15 to 16 feet, you know, so that's probably going to be -- what we're going to be using here. When they mature, they'll be 40 feet. Commissioner Sarnoff No. I understand that. Not everybody will be here for when they mature. That's -- Hr. Hernandez: Exactly, but -- Commissioner Sarnoff I like to see them while they're, you know -- Hr. Hernandez: It's just very difficult to get them more than -- Commissioner Sarnoff Sixteen feet, right. Hr. Hernandez: You probably know that. Commissioner Sarnoff OK. Hr. Hernandez: Thank you. City ofMiami Page 73 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Sarnoff Does it fit open space? Mr. Pivovarov: Yes. Ms. Dougherty: It has -- and this is the -- what I have on my -- the answer is yes. We have 21,000 square feet of open space, whereas only 13 is required. Commissioner Sarnoff Is that correct? OK. Let me ask about parking. You have 1,098 spots, 1,099 -- sorry, 1,098 required by Code; you provided 1,099 spots, but you don't have to provide any parking under the Code presently for exterior restaurants, correct? Ms. Dougherty: Yes, we do. Commissioner Sarnoff You do? Mr. Pivovarov: Yes. Ms. Dougherty: You mean on the --? Commissioner Sarnoff In other words, if you have an outdoor cafe, you don't have to factor in any parking for that? Mr. Pivovarov: We already did. Commissioner Sarnoff You did? Mr. Pivovarov: Yes. Commissioner Sarnoff OK. Vice Chairman Sanchez: All right. Commissioner Sarnoff Is that correct? Unidentified Speaker: You don't, but they did. Commissioner Sarnoff You don't, but they did. OK. Well, with that being said, then I'll open -- I'd make the motion to approve it as is. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Jorge L. Fernandez (City Attorney): Well -- Chairman Gonzalez: Those opposed -- Mr. Fernandez: -- and -- Chairman Gonzalez: -- have the same right. Mr. Fernandez: -- as you take that vote, it also includes a new exhibit. City ofMiami Page 74 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Lourdes Slazyk (Zoning Administrator): Right. I'm going to give this (INAUDIBLE). Vice Chairman Sanchez: All right. Mr. Fernandez: Do we know what Lourdes is talking about, Ms. Dougherty? Ms. Dougherty: I don't. Ms. Slazyk: The Zoning data sheet. Unidentified Speaker: The data sheet. Ms. Dougherty: The data sheet? OK. I don't think it's new. It's part of our -- Ms. Slazyk: It's not in the package. Ms. Dougherty: OK. It's not in their package, right. Mr. Fernandez: It's not with the package, so the Clerk must reflect that there is an attachment to the package. Commissioner Sarnoff Judith, next time, don't come up (UNINTELLIGIBLE) the project. I had this laundry list of things I was going to be getting from them, but lost the moral imperative. Ms. Sandoval: It doesn't happen often. Ms. Dougherty: This is true. I can testify. Thank you. Thank you very much. PZ.3 06-00441za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE MIAMI ZONING BOARD TO DISMISS THE APPEAL FILED 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. 06-00441za Legislation (Version 2).pdf 06-00441za Legislation (Version 3).pdf 06-00441za Amended ZB Appeal Letter.pdf 06-00441za ZB Appeal Letter.pdf 06-00441za ZB Reso.pdf 06-00441za February 13, 2006 ZB Transcript.pdf 06-00441za Zoning Administrator Appeal Letter.pdf 06-00441za CC Fact Sheet 04-27-06.pdf 06-00441za CC Fact Sheet 06-22-06.pdf 06-00441za CC Fact Sheet 07-27-06.pdf 06-00441za CC Fact Sheet 09-28-06.pdf 06-00441za CC Fact Sheet 12-14-06.pdf 06-00441za CC Fact Sheet 02-22-07.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 75 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0108 Chairman Gonzalez: All right. PZ.3. PZ.3 is an appeal. Lourdes Slazyk (Zoning Administrator): Good afternoon. For the record, Lourdes Slazyk. PZ.3 is an appeal of a Zoning Board decision on the Zoning Administrator interpretation. This is an interpretation that was issued by the Zoning Administrator and appealed by Mr. Robles. The Zoning Board actually dismissed the appeal. The nature of the interpretation was not really an interpretation. The Zoning Administrator had written Mr. Robles a letter, which basically just stated the plain language of the Code. The Zoning -- what the applicant had really wanted was a -- to strike a provision within the Code, which the proper way to do that is to actually amend the Code. The Zoning Administrator can't arbitrarily strike a provision in the Code, since he felt that that provision was unfair. This is the provision in the Code that says that when we're reviewing plans under expired regulations, you only have six months to pull your building permit. The case in this was an NCD-3 amendment that was done that required new standards for single-family homes in Coconut Grove. After that ordinance was passed, any applications that were in process had six months to complete their building permit process, or else the plans would have to be redesigned to meet the new Code. In this particular case, the Zoning Administrator's letter pretty much stated that fact in the Code. The Zoning Board heard the item and felt that what the applicant really wanted was an amendment to the Code, and there was really not an interpretation to rule on. It was out of their jurisdiction, so they voted to dismiss the appeal. What's before you today, as the City Commission, is an appeal of that dismissal, not the actual merits of the interpretation because the Zoning Board never acted on that matter. The Zoning Department is recommending upholding the Zoning Board decision and dismissing the appeal because we felt, as the Zoning Board did, that there was really no interpretation issued here. Commissioner Sarnoff Can I ask a question? You -- Ms. Slazyk: Sure. Commissioner Sarnoff -- indicated that a person -- once a new law goes into -- a new ordinance goes into effect -- Ms. Slazyk: Yes. Commissioner Sarnoff -- you then have -- Ms. Slazyk: A hundred and eighty days. Commissioner Sarnoff Well, before you get to that, you have to have a completed application? Ms. Slazyk: Yes. If a complete application has been filed before -- Commissioner Sarnoff Is that the operative word, a "completed application?" Ms. Slazyk: Yeah. Yes. Commissioner Sarnoff OK. You have a completed application that predates the law change, right? Ms. Slazyk: Exactly, the effective date of the law change -- Commissioner Sarnoff Right, so -- City ofMiami Page 76 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Ms. Slazyk: -- so -- Commissioner Sarnoff -- you beat it by a day, an hour, or five minutes, you're in. Ms. Slazyk: Exactly. Commissioner Sarnoff Then you have six months -- Ms. Slazyk: To complete the permitting process. You have -- Vice Chairman Sanchez: Plenty of time. Ms. Slazyk: -- to actually obtain a building permit, and if you do not obtain a building permit within the 180 days, then the plans would be rejected, and you have to modify the plans to meet the new Code. Commissioner Sarnoff OK. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Jorge L. Fernandez (City Attorney): Mr. Chairman -- Vice Chairman Sanchez: Quick. Mr. Fernandez: Commissioners, to put this item in perspective for you, from a legal analysis, the Zoning Board dismissed the appeal for failure to state any grounds upon which relief could be granted. They did not have jurisdiction to hear the appeal. It is my -- and I believe that they were eminently correct in making that decision. Likewise, extrapolating from that, I would suggest to you that you, perhaps, don't have jurisdiction either to hear these [sic] appeal. It is not only untimely, it's improper, improperly filed, so if you choose to hear anything, you need to limit yourself only to hearing why it was improper for the Zoning Board to dismiss the appeal, not necessarily getting into the substance and the merits of it because the substance and the merit were never reached by the Zoning Board. Now Lourdes has been very generous and kind in explaining to you and giving you the history and the background of it, but you need to focus on what is in front of you, and again, to summarize it, the Zoning Board did not have jurisdiction. I recommend to you that you do not either, and that you, therefore, affirm the decision of the Zoning Board, and if perhaps, you choose to take it further, which I would advise you against it, that you then only limit the testimony and that which you take into consideration to be the reason for the Zoning Board dismissal. At which point, you would have two options, neither of which I think are logical, but one of them would be to grant the appeal, which all that he would get then is to return to the Zoning Board, and the Zoning Board would then again make the same decision, and so I don't know ifI was successful in explaining to you the circuitous nature of what's in front of you, but this gentleman has insisted on proceeding this way, in spite of us all explaining to him what the process is, and we would -- didn't want to deny him an opportunity to perfect an appeal from the Zoning Board dismissal for lack of jurisdiction. Commissioner Sarnoff Do we hear from Mr. Robles, or -- are --? Mr. Fernandez: Sure. Again -- Vice Chairman Sanchez: Limited. City ofMiami Page 77 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Fernandez: -- this Commission has a long history of being courteous to every single applicant and every single resident that appears in front of you, and so, the one -- just because you give him an opportunity to express himself does not mean that you need to be guided or you need to do something which, at the end of the day, would be improper, if not impractical, so I would recommend that, if for no other reason, out of courtesy and out of continuing to afford every resident due process, that they have an opportunity to address the City Commission, but I caution you to remain very focused on what your options are. Vice Chairman Sanchez: Sir, did you understand that? That -- sir? Commissioner Spence -Jones: Mr. Robles. Vice Chairman Sanchez: Mr. Robles. Octavio Robles: Yes. Vice Chairman Sanchez: Did you understand that? Mr. Robles: Who is asking me this? Chairman Gonzalez: Right here. Mr. Robles: Oh. Yes, I did. I don't completely agree with it, but I do understand what he's saying. Vice Chairman Sanchez: OK. Well, it's not an issue whether you agree with it or not. Mr. Robles: Of course not. Vice Chairman Sanchez: I mean, we want to afford you the opportunity to due process. We don't deny anyone coming in front of this legislative body, but you got to be very limited and focus on limited testimony that we -- that's the only thing that we could hear, so -- Mr. Robles: Understood. Vice Chairman Sanchez: -- please. Mr. Robles: Thank you. First of all, I do agree with him that this should be denied. I do agree with them that the Zoning Board did not have jurisdiction, and I do agree that you don't either. The problem is that I'm in an appellate limbo, a sort of administrative appellate limbo. First of all, the letter and the issues that were raised, which brought a response from the Zoning Administrator at the time, was not simply a matter of the six months. It -- there were legitimate issues of zoning that were never responded to in the letter. The only part that were responded to in the letter was that which addressed the time limitations due to the six months. During that time we had, right during the period that this zoning issues were being discussed, and that the limitations would be a factor, Hurricane Katrina, almost Hurricane Rita, and Hurricane Wilma, so some of these situations, the City was closed all three times for a number of days, huge delays, and a huge amount of applications and plans under process. The six months was illogical, so I have the proof that the issues were never responded to, and in their response, they limited it to just spitting back what the Code says, which left me no recourse, except to appeal, knowing that they had no jurisdiction, but that was the only adminisfrative relief that I had. IfI had gone directly to the court, the court would have bounced it out, saying you haven't exhausted your adminisfrative -- Mr. Fernandez: Well -- City ofMiami Page 78 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Robles: -- remedies, so it's this crazy limbo situation, with some merits, that they're not admitting to, butt have the proof and basically, what I'm here for simply is to go into circuit court. Vice Chairman Sanchez: OK. Pamela E. Burns (Assistant City Clerk): Excuse me. Mr. Fernandez: Well -- Ms. Burns: Can we have --? Mr. Fernandez: -- Mr. Chairman. Vice Chairman Sanchez: All right, all right. No. Listen, listen, having said that, I see where we're heading. We're going to put this to sleep quick. I'm going to make a motion to deny. Mr. Robles: Thank you. Mr. Fernandez: Well -- Chairman Gonzalez: All right. Mr. Fernandez: -- the proper motion would be to deny the appeal -- Commissioner Sarnoff And affirm. Mr. Fernandez: -- and of course -- Commissioner Sarnoff Right. Mr. Fernandez: -- to uphold the decision of the Zoning Board -- Commissioner Sarnoff Right. Mr. Fernandez: -- with regard to dismissing the appeal. Vice Chairman Sanchez: That is the motion that I am proffering. Mr. Fernandez: And again, just for the record, as further positioning this board correctly, to the extent that the gentleman is very clear that what he's looking is to take the City to court, it behooves me to make sure that you understand and that I respond to his issue. This limbo that he referred to is, perhaps, of his own creation, and he's clearly frying to bootstrap himself into a position of arguing so that he can then get the City to do as he deems appropriate, so your -- the motion is very well stated, and I suggest that you immediately proceed to a vote. Commissioner Sarnoff Second. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. All in favor, say "aye." City ofMiami Page 79 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Vice Chairman Sanchez: Best of luck to you. Chairman Gonzalez: Motion carries. Mr. Robles: Thank you. Chairman Gonzalez: Thank you, sir. PZ.4 06-02044zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, BY AMENDING ARTICLE 6, SECTION 606, CONCERNING THE SD-6, SD-6.1 CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS IN ORDER TO PERMIT PUBLIC STORAGE FACILITIES LOCATED IN A BUILDING THAT IS 150 FEET OR LESS FROM A MAJOR INTERSTATE HIGHWAY AS ADAPTIVE RE -USE OF EXISTING BUILDINGS BY CLASS II SPECIAL PERMIT, AND SECTION 615 CONCERNING SD-15 RIVER QUADRANT MIXED -USE DISTRICT IN ORDER TO PERMIT PUBLIC STORAGE FACILITIES LOCATED IN A BUILDING THAT IS 150 FEET OR LESS FROM A MAJOR INTERSTATE HIGHWAY BY CLASS II SPECIAL PERMIT; AND ALSO IN ORDER TO MODIFY THE AFFORDABLE HOUSING CONTRIBUTION IN THE SD-15 DISTRICT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-02044zt - PAB Fact Sheet.pdf 06-02044zt - PAB Legislation.pdf 06-02044zt PAB Reso.PDF 06-02044zt CC Legislation (Version 2).pdf 06-02044zt CC FR Fact Sheet 01-25-07.pdf 06-02044zt CC FR Fact Sheet 02-22-07.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommendation approval. PLANNING ADVISORY BOARD: Recommended approval to the City Commission on November 15, 2006 by a vote of 5-0. PURPOSE: This will allow certain public storage facilities by Class II Special Permit in the SD-6, SD-6.1 and SD-15 zoning districts and will modify the affordable housing contribution in the SD-15 district. CONTINUED A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to defer item PZ.4 to the City Commission meeting currently scheduled for March 22, 2007. Direction by Commissioner Regalado to the Administration to provide the Commission with the City ofMiami Page 80 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 number of buildings affected by this amendment to Ordinance 11000 when the item is before the Commission again at the meeting currently scheduled for March 22, 2007. Chairman Gonzalez: PZ.4. Lourdes Slazyk (Zoning Administrator): PZ.4 is an amendment to the Zoning Ordinance. It's here on first reading. This is an amendment in order to amend SD-6 and SD-15, which are two special districts in the Zoning Code. The amendment does two things. First of all, for SD-6 and 15, it is introducing a public storage facility use as adaptive reuse of existing buildings by Class II Special Permit. This particular amendment limits those to existing buildings that are a hundred feet or less from a major interstate highway, and as long as the uses are not located on the ground floor street frontages of those buildings. This is a way to use upper floors of older buildings that exist in these districts for adaptive reuse as public storage. With the increased amount of residential units in and around these two districts, there is a need for this as a service to the -- those residents. A lot of these buildings don't have any additional storage facilities, and this would serve a purpose for those residents. The other thing that this ordinance does is it amends the Affordable Housing Trust Fund contribution for the SD-15 district. As you may recall a few years ago, we raised the contribution around the City from 6.67 to $12.40 a square foot. We inadvertently forgot SD-15, so this raises the affordable housing trust fund in SD-15 to the same $12.40 which exist in the rest of the City. This was recommended approval by the Planning Advisory Board by a vote of 5/0. Chairman Gonzalez: All right. Vice Chairman Sanchez: Public hearing. Chairman Gonzalez: Do I hear a motion? Commissioner Sarnoff I'll make a motion to -- Vice Chairman Sanchez: Sec -- Commissioner Sarnoff -- deny it. Vice Chairman Sanchez: Huh? Chairman Gonzalez: We have a motion to deny. Vice Chairman Sanchez: To deny it? Commissioner Sarnoff Yes. Vice Chairman Sanchez: I'll second it for the purpose of discussion. Chairman Gonzalez: OK. We have a motion, and we have a second. Discussion. Vice Chairman Sanchez: As to SD-15, this should be brought back solely and alone. It doesn't need to be incorporated with this. As to the reason for this particular ordinance, it is one particular building. It is the McCormick building. That building happens to have an illegal mural on it. I don't know how or why we're creating some use of that building when it's -- already has an illegal mural on it. I don't think this is an appropriate use -- I don't think it's appropriate to start using buildings for storage facilities. I just think it's -- I think this is -- you know, it's zoning -- it's spot zoning is what it is. Commissioner Spence -Jones: Can I ask a question? That was going to be one of my questions City ofMiami Page 81 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 before you guys jumped on the issue. Was this based upon one project? Because -- Commissioner Sarnoff Yeah. Commissioner Spence -Jones: -- for some reason, the issue is being brought up in front of us and Ms. Slazyk: The districts that it applies to applies to more than just that one building. It applies to your SD-6 and SD-15 zoning districts. Commissioner Sarnoff Makes it even worse. Commissioner Spence -Jones: So this is citywide? Ms. Slazyk: It applies to more than just one property, but yes, that property, the McCormick building, is within the district. Vice Chairman Sanchez: Listen -- Commissioner Spence -Jones: OK. Ms. Slazyk: It's in SD-6. Vice Chairman Sanchez: -- let me proffer something for the sake of time. Let me proffer to defer this item. We'll bring it back at the next Commission meeting. Commissioner Sarnoff That's fine. Vice Chairman Sanchez: I, too, have some concerns with it. I think that -- and that way, everyone could really focus on PZ.4 and have their comments on it because, you know, I do agree we need storage in the City. I have to drive very far for storage, but I'm one that thinks that storage facilities should not be looking like storage facilities, so there's a lot of things that we could -- Ms. Slazyk: And that's why this is not -- Vice Chairman Sanchez: -- make improvements on. Ms. Slazyk: -- for new buildings. This is for -- Vice Chairman Sanchez: All right, so -- Ms. Slazyk: -- existing buildings, upper floors. Vice Chairman Sanchez: -- Commissioner, you made the motion to deny. If you would -- Commissioner Sarnoff I'll withdraw the motion -- Vice Chairman Sanchez: -- withdraw, and I would make -- Commissioner Sarnoff -- and make a motion to defer. Vice Chairman Sanchez: I would second it. Ms. Slazyk: March 22? City ofMiami Page 82 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Vice Chairman Sanchez: Yes. Chairman Gonzalez: All right. We have a motion and we have a second to defer the item to March -- Commissioner Regalado: Mr. Chairman, question to the Administration. When you come back, could you tell us how many buildings could this affect citywide? Ms. Slazyk: Yeah. I'll see if we can get a map prepared of the two districts and see if we can get aerial photographs of the map so you can see the buildings within those districts that this would apply to. Commissioner Regalado: Because -- Ms. Slazyk: Yes. Commissioner Regalado: -- there are many warehouses, but they are built for warehouses -- Ms. Slazyk: Yes. Commissioner Regalado: In our district, in his disfrict, there are several -- Commissioner Spence -Jones: My industrial disfrict. Ms. Slazyk: Right. Commissioner Regalado: -- and -- thank you -- and -- but I just want to understand -- Ms. Slazyk: Where, yeah. Commissioner Regalado: -- where and -- Ms. Slazyk: OK. Commissioner Regalado: -- why would you change a building to be a warehouse. Ms. Slazyk: We'll bring the information back. Commissioner Regalado: Thank you. Ms. Slazyk: I'm also going to see if we can bifurcate this ordinance into two so you can -- the trust fund thing we really have to fix -- Commissioner Sarnoff I agree. Ms. Slazyk: -- and we'll pull the storage out as a separate ordinance. Chairman Gonzalez: All right. We have a motion and we have a second to defer to March 22. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PZ.5 06-02104zt ORDINANCE First Reading City ofMiami Page 83 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 626, SD-26, 22ND AVENUE SPECIAL OVERLAY DISTRICT; IN ORDER TO CREATE THE 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. 06-02104zt - SD-26 - PAB 02-21-07.pdf 06-02104zt - PAB Fact Sheet.pdf 06-02104zt - PAB Legislation.pdf 06-02104zt CC Legislation (Version 2).pdf 06-02104zt CC FR Fact Sheet 12-14-06.pdf 06-02104zt CC FR Fact Sheet 01-25-07.pdf 06-02104zt CC FR Fact Sheet 02-22-07.pdf 06-02104zt PAB Reso.PDF 06-02104zt CC Legislation (Version 3).pdf 06-02104zt CC SR Fact Sheet.pdf 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 February 21, 2007 by a vote of 8-0. See companion File ID 06-02104zc. PURPOSE: This will create the SD-26 22nd Avenue Special Overlay District and add special district requirements. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.5. Lourdes Slazyk (Zoning Administrator): PZ.5 and 6 are companion items. We do have a replacement ordinance for the PZ.5 item. This had been continued several times at the Planning Advisory Board in order to give us an opportunity to meet with some of the property owners in this new special district, and you have the updated ordinance, as approved by the PAB (Planning Advisory Board) last night in front of you. This ordinance is to create a new SD-26, which is a 22ndAvenue Special Overlay Disfrict. This is for properties located along 22nd Avenue, between Southeast 8th Sfreet and Northwest 1st Sfreet. This particular portion of 22nd Avenue is emerging as a gateway into the Latin Quarter, into Little Havana. There was recently a major project approved in this corridor, and based on some concerns from the district Commissioner, and even the Planning Department, and some things that we have seen in the past -- if you all recall, when we put the SD (Special Disfrict) overlay on Coral Way, it was in response to a building that had been built with blank walls on Coral Way, and there was not a whole lot we could do about it because the C-1 district did not allow for protection. What this special overlay district does, first and foremost, which is the most important, is it requires design review -- Vice Chairman Sanchez: Design review. City ofMiami Page 84 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Ms. Slazyk: -- for everything on 22nd Avenue in this corridor. It requires ground floor habitable space. It includes incentives to make sure that habitable space is not just lobbies, that we actually get retail and restaurants. It provides for some -- the transitions into the neighborhood. I think it -- you know, like I said, first and foremost, it's the design review, and there's also a list of prohibited uses and special permits for other uses that could be objectionable, which means that there's going to be review of anything that's done here. Rather than waiting for that first building to be built with a blank wall on 22nd Avenue, we're frying to get ahead of the curve by adopting the special disfrict. Vice Chairman Sanchez: Or businesses that are not compatible to other businesses in the area. Ms. Slazyk: Exactly, exactly, so anyway, this was recommended approval unanimously last night at PAB, 8/0, and the companion ordinance, PZ.6, is the actual atlas amendment to apply the new disfrict to these properties, and again, we recommend approval. Chairman Gonzalez: All right. Vice Chairman Sanchez: Public -- Chairman Gonzalez: This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I would like to ask if this overlay and the kind of review that it will be given in any way will allow taller buildings and greater density than is allowed now? Vice Chairman Sanchez: No. Ms. Slazyk: Very quickly for the record, no. This does not increase the height. It does not increase the density. The same 150 units per acre is allowed under the SD as allowed under the current C-1. This actually retains the C-1 zoning and puts the SD overlay on it. Most of what the overlay does is put further restrictions on uses and requires design review. The only additional FAR (floor area ratio) included in this overlay is for ground floor retail uses. There's a provision in here that says your ground floor has to be habitable uses, but if you're doing a residential project, that might mean lobbies or exercise room. We would like to promote more pedestrian activity, so we put in this ordinance a provision that says if your ground floor is retail uses with doors opening to the street, not internalized retail, but real external retail, that that FAR will not count against you. Other than that, there are no other bonuses built into this. It's the same base FAR, same height, and same density. Ms. Sandoval: And with restricted retail uses, what would that be limited to? What kind of businesses? Ms. Slazyk: Anything that's allowed in C-1, except for a list of prohibited uses, which is in the ordinance. Vice Chairman Sanchez: Why don't you read that list into the record? Ms. Slazyk: Sure. You want the whole -- what's allowed in C-1 or just what the prohibitions are? Vice Chairman Sanchez: The prohibitions are. Ms. Slazyk: OK, 'cause if not, it's like three pages. The prohibited uses are community -based City ofMiami Page 85 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 residential facilities, private clubs, lodges, fraternities and sororities, pool halls, billiard parlors and game rooms, used automobile dealerships, ambulance service, hiring halls or labor pools, discount membership merchandisers, and aluminum recycling machines. Those are the things that are normally allowed in C-1 that we're saying we don't want in this special district. Then it goes on to say there's a list of other uses that require special permit, and what that'll do is make sure, again, the design review and public hearings, if necessary, will be conducted in order to allow convalescent homes, nursing homes, commercial parking lots, new automobile sales, and a whole host of other -- it's like a page of uses. Ms. Sandoval: OK. One more little question, Lourdes, if you don't mind. I just wondered -- because there don't seem to be any people here from the neighborhoods -- how the neighborhoods [sic], you know, that are concerned feel about this? Vice Chairman Sanchez: No. There were some people here in the morning, and I still -- there's - Ms. Sandoval: Yes, but they left because their item was not -- deferred, so it's too bad they're not here to ask this question. Ms. Slazyk: We have one property owner here. I'll let him speak. I, you know, didn't get any negative feedback. As a matter of fact, we were working with a major property owner in order to fine-tune this to make sure that it really did everything we wanted to do. Commissioner Spence -Jones: And did they attend last night? Alan Lester: With the neighbors? Yes. Commissioner Spence -Jones: Yeah, the neigh -- the residents were there last night? Unidentified Speaker: Yes. Commissioner Spence -Jones: OK. Mr. Lester: Neighbors -- Alan Lester, senior development manager, B Developments, 2600 Southwest 3rd Avenue, Suite 700. We're developing the project that Lourdes mentioned, Altos Plaza, which is sort of the incentive here or the -- how do you say it? -- catalyst scenario, and we want to make sure also there's a continuance of good retail. We're bringing a grocery store to the area, another bank, and several other prime retail users into our property. We met with neighborhood groups, and we surveyed a group of 150 people, of which 94 responded to our survey. Out of the 94, 96 percent were in favor; 4 percent were -- opposed it. Out of the 96 percent that were in favor, 27 percent had concerns; 73 percent did not. Some of their concerns were neighborhood parks, the sidewalks, the retail uses, several things that are addressed, if you would, through this ordinance, and that we are still working with the Commissioner and the different parks and departments in the City to resolve and turn this into a excellent pedestrian mixed -use neighborhood. We can, you know, create housing at an attainable price and a safe neighborhood to walk in. Thank you. Vice Chairman Sanchez: Mr. Chairman, ifI may? Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: Neighborhoods want a certain degree of more a characteristic level. This specialty overlay already exists on 8th Street and already exists on Coral Way. All it does is protects a corridor. We've all heard about Miami 21 that is in the making, but as development are hitting some of our areas, we don't have anything in the book to protect us from unwanted City ofMiami Page 86 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 development and unwanted businesses, so this is just a overlay to protect the corridor of the business while Miami 21 falls in place, whenever it does, and therefore, you're starting to see not only in my district, but throughout the City -- and if we don't make these efforts to try to create safeguards, we're going to lose an opportunity, and then we're going to have sins in the past, like we've seen on 27th Avenue, 32ndAvenue, 37th Avenue, which were built as right, and boy, do we regret them being as built as right because we don't have any controls in place. With these controls, all we do is we provide that there has to be design review, which is very important, and right off the bat, there are certain builders that -- businesses that should not be there, not that we have anything against them, but it's just to protect a corridor. As I said, it is the third specialty overlay that I've done in my district. I know that Commissioner -- the Chairman Gonzalez is looking to implement one north of our district -- Chairman Gonzalez: Our district. Vice Chairman Sanchez: -- and you know, it's a common thing that we do here, so having said that, I make a motion to approve. Commissioner Sarnoff Let me -- Chairman Gonzalez: All right. We have a motion. Commissioner Sarnoff -- second, but I'd like to ask a question of Lourdes. Chairman Gonzalez: Can we have a second before we -- Commissioner Sarnoff I second. Chairman Gonzalez: -- discuss it? Commissioner Spence -Jones: And then I do have -- Chairman Gonzalez: You second it? Commissioner Spence -Jones: -- a comment. Commissioner Sarnoff Yes. Chairman Gonzalez: OK. We have a motion, and we have a second. Discussion. Commissioner Sarnoff I think this -- Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff -- is a laudable item, Commissioner Sanchez, but I'd like to point out discount membership merchandisers are not allowed, correct? Ms. Slazyk: They wouldn't -- they are allowed in C-1 today, but they would not be allowed in this district. Commissioner Sarnoff Well, what kind of place is that, like a Sam's Club? Ms. Slazyk: Yes. Commissioner Sarnoff Like a big -box -- would a Home Depot be allowed here? City ofMiami Page 87 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Ms. Slazyk: Yes, it would because that's not a membership club. Commissioner Sarnoff What's the --? Ms. Slazyk: There's a very specific -- Commissioner Sarnoff Why is there a -- Ms. Slazyk: -- definition for -- Commissioner Sarnoff -- distinction? Ms. Slazyk: -- a membership club. Commissioner Sarnoff Why is there a distinction? Ms. Slazyk: There is no prohibition -- Commissioner Sarnoff No. I'm asking you real -- I -- not -- I understand there is a distinction in that somebody has to have a membership card, but I'm asking you, from a physical layout, from a physical retail establishment, what is the distinction between one big -box that requires you to have a card and another big -box that doesn't require that you have a card? How does that impact your neighborhood differently? Ms. Slazyk: Well, I'm not sure, from a physical --from the size, they're probably about the same. It becomes an operational issue. The membership establishments usually have much more bulk. I mean, as you -- as -- when you buy things, you're buying them in much bigger bulk, where in -- you know, you can't walk in and just buy a screw, you know. You're going to buy a box of them or a case of them, and it's -- I think when they were first established as a special permit requirement for them, it was because of the operational distinctions. Commissioner Sarnoff So you think that a person that goes to a discount membership club buys more, and that's a concern of yours? Ms. Slazyk: By -- well, by its nature, at the time it was put into the Code, that was the concern. Commissioner Sarnoff That they just buy more because it's a bulk operation -- Ms. Slazyk: It's a bulk operation. Commissioner Sarnoff -- so that's the -- you don't want to see a bulk operator in a fine neighborhood, correct? Ms. Slazyk: In this particular one, no. This is a very narrow corridor. I don't think one would fit anyway. If you -- Chairman Gonzalez: Yeah. Commissioner Sarnoff OK. Ms. Slazyk: -- look at the atlas, the companion item, you'll see the properties involved in the designation. Commissioner Sarnoff Right, but a Home Depot, in your opinion, would fit. City ofMiami Page 88 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Ms. Slazyk: It's permitted. I'm not saying it would fit. Commissioner Sarnoff Oh, that's what I'm asking. Ms. Slazyk: I'd have to -- Chairman Gonzalez: I don't think it would fit. Ms. Slazyk: -- look at the square footage and look at the square footages of the properties, but I think, by their nature, they probably wouldn't fit, unless they made a really long, narrow Home Depot. Commissioner Sarnoff OK. Ms. Slazyk: If you look at it, it's a corridor designation. Chairman Gonzalez: It won't fit. Ms. Slazyk: It's not a huge area. Commissioner Sarnoff Thank you. Commissioner Spence -Jones: Mr. Chairman, I just want to add. First of all, I want to commend Commissioner Sanchez on actually being able to move that and get this done within the Latin Quarters corridor. I just want to say to staff -- Lourdes, for one second, if you can get back to the mike, please -- I know that we've done the same thing for MLK (Martin Luther King) Boulevard in Liberty City, and we're well on our way with that, but I do know, because ofMiami 21, everything else has been, you know, kind of somewhat -- the idea was to kind of put it all on hold because ofMiami 21 until -- Ms. Slazyk: Exactly. Commissioner Spence -Jones: -- we completed that. I'd like to, at least, state today -- because there's some key projects, cultural corridors that we're trying to create within my district, outside of the Liberty City area, which would include Overtown and the Little Haiti area, on Northeast 2ndAvenue being Little Haiti, Northwest 2ndAvenue being 3rdAvenue in Overtown, so I know that it's been something you guys have been squirming on, but I think it's really, really important that we get your leadership and the Manager's support on doing the same or similar type thing at -- Ms. Slazyk: The 2ndAvenue -- I think we already have an SD in place, the Little Haiti corridor where the park is. We already put an -- Commissioner Spence -Jones: OK. Ms. Slazyk: -- SD there. Commissioner Spence -Jones: OK. Ms. Slazyk: If you have issues with something in that SD, we can discuss it and maybe amend your SD if it's not working for you. Commissioner Spence -Jones: I think that -- I think what we need now is -- Ms. Slazyk: Overtown -- City ofMiami Page 89 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: -- an amendment. Ms. Slazyk: -- also has SDs in place, SD-16 -- Commissioner Spence -Jones: OK. Ms. Slazyk: -- so we can look at those, and -- again, but the difference between this and those is that those are in quadrant I -- Commissioner Spence -Jones: OK. Ms. Slazyk: -- this isn't -- Commissioner Spence -Jones: OK. Ms. Slazyk: -- and it was a timing thing. Commissioner Spence -Jones: OK, so -- Ms. Slazyk: OK. Yeah. Commissioner Spence -Jones: Orlando, can I get a commitment from you guys to -- Ms. Slazyk: To meet with you? Yes. Commissioner Spence -Jones: -- work with us to make sure that we include the other neighborhoods that we're frying to work to do the same thing with? Orlando Toledo (Senior Director, Planning, Building & Zoning): Sure. Commissioner Spence -Jones: OK. Well done. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to comment? Seeing none, hearing none, the public hearing is closed. We had a motion, and we had a second. It's an ordinance. Mr. City Attorney. Vice Chairman Sanchez: It's a resolution. Jorge L. Fernandez (City Attorney): Yes, on first reading. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: I'm sorry. PZ.5 is a resolution. We haven't voted on PZ.5. Madam Clerk, is that correct? Mr. Fernandez: No, 5 is an ordinance. Chairman Gonzalez: It's an ordinance. Mr. Fernandez: 5 is an -- Chairman Gonzalez: PZ.5 is an -- Mr. Fernandez: -- ordinance. City ofMiami Page 90 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: -- ordinance. Pamela E. Burns (Assistant City Clerk): We haven't vote yet. That's correct. Mr. Fernandez: And you have not voted on it yet. Vice Chairman Sanchez: Oh, I'm sorry. PZ (Planning & Zoning) -- Ms. Slazyk: 5 and 6 are companion; they're both ordinances. Vice Chairman Sanchez: Too much paperwork. Chairman Gonzalez: All right. Vice Chairman Sanchez: It's enough to get anybody confused. Chairman Gonzalez: Roll call, please. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance is passed on first reading, 5/0. PZ.6 06-02104zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 34, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, 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. 06-02104zc - SD-26 - PAB 02-21-07.pdf 06-02104zc - PAB Fact Sheet.pdf 06-02104zc - SD-26 Special District Zoning.pdf 06-02104zc Aerial Map.pdf 06-02104zc - PAB Legislation.pdf 06-02104zc CC Legislation (Version 2).pdf 06-02104zc CC Exhibit A.pdf 06-02104zc CC FR Fact Sheet 12-14-06.pdf 06-02104zc CC FR Fact Sheet 01-25-07.pdf 06-02104zc CC FR Fact Sheet 02-22-07.pdf 06-02104zc PAB Reso.PDF 06-02104zc CC Legislation (Version 2 - Updated).PDF 06-02104zc CC SR Fact Sheet.pdf First Reading City ofMiami Page 91 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 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: Recommended approval to City Commission on February 21, 2007 by a vote of 8-0. 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. Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ. 6 is a companion item. Lourdes Slazyk (Zoning Administrator): Yes. This is also -- Chairman Gonzalez: Anyone from the public that -- Ms. Slazyk: -- recommended -- Chairman Gonzalez: -- wants to comment on PZ.6? All right. Seeing none, go ahead. Ms. Slazyk: It's also recommended for approval by -- Chairman Gonzalez: Right. Ms. Slazyk: -- the PAB (Planning Advisory Board). Chairman Gonzalez: All right. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK. We have a motion, and we have a second. It's an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 92 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Ms. Burns: The ordinance has passed on first reading, 5/0. PZ.7 06-00830Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1000 SOUTHWEST 30TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-008301u - PAB Fact Sheet.pdf 06-008301u - Analysis.pdf 06-008301u - Concurrency Report.pdf 06-008301u - Comp Plan Map.pdf 06-008301u - Zoning Map.PDF 06-008301u - Aerial Photo.pdf 06-008301u - PAB Legislation.pdf 06-008301u - Application Documents.pdf 06-008301u PAB Reso.PDF 06-008301u CC Legislation (Version 3).pdf 06-008301u & 06-00830zc Exhibit A.pdf 06-008301u CC FR Fact Sheet 01-25-07.pdf 06-008301u CC FR Fact Sheet 02-22-07.pdf 06-008301u CC SR Fact Sheet.pdf LOCATION: Approximately 1000 SW 30th Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Fernando and Flor Garcia Tuon FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 18, 2006 by a vote of 7-0. See companion File ID 06-00830zc. PURPOSE: This will change the above property to Medium Density Multifamily Residential. Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.7. Harold Ruck (Planner II): Good afternoon. My name's Harold Ruck. I'm with the Planning Department. This -- PZ.7 is a companion item. We're going to be looking at the land use item first, and then it will be followed by the proposed zoning change at the same location. This proposal at approximately 1000 Southwest 30th Avenue is to change the future land use map of the Comprehensive Neighborhood Plan from duplex residential to medium density multifamily. City ofMiami Page 93 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 The subject property is approximately 20 -- .26 acres and focus -- and faces Southwest 30th Avenue, between Southwest 11 th Sfreet and Southwest 9th Street. The land use designations surrounding the property are medium density multifamily residential to the east and north, and duplex residential to the south, and restricted commercial to the west. PAB (Planning Advisory Board) recommendation was for approval. The Planning Department recommends approval, since the change to medium density multifamily residential is a logical extension of that category and will unify the use and viability of the properties to the north and under the same ownership. Chairman Gonzalez: Hi. Good afternoon. Ines Herrero: Yes. Good afternoon, Mr. Chairman, members of the Board. For the record, Ines Marrero, attorney with offices at 701 Brickell Avenue, here on behalf of the applicant, Fernando and Flor Garcia Tunon. This application seeks the rezoning and the land use amendment, the companion land use amendment, for one property. It's on Southwest 30th Street, and it is immediately south of 9th Street, but as a point of reference, this is the 8th Street Home Depot, and this property lies immediately to the west, and to the east of that is the Smathers residential development, which is a public housing facility that also has an ACLF (Adult Congregate Living Facility) component that was recently approved. We are seeking to rezone this one lot from duplex to medium density, and that is because the -- this family also owns the two properties immediately to the north, so if the Commission approves this request, the family's intent to develop it with 15 garden -style town houses. We have met with the neighbors, Gables Gate. We have shown them the plans. They are supportive of the application. The initial request of the applicant was actually to go for C-1, and after talking to the members of the community, we realized that it was more prudent to go for R-3, which was an extension of the existing zoning in the area, and more importantly, it's really a most adequate buffer to the uses in that area. I have some panoramic photograph of -- this is the subject project that's being -- the subject of the application, but the same family owns these two other houses, and what want to indicate, show in this aerial, this wall that you see here, that's the wall of the Home Depot. That's what these folks look at as a backyard. What is going to be developed as a result of the approval of this rezoning is town houses that are going to be planned in a way that will create a more adequate buffer and more transition between that use, which is pretty intense C-1 and also the high intensity residential development public housing facility across the street, and like I said, we have support from staff PAB, Zoning Board, and the Gables Gate Homeowners Association, so if there's any questions, I will try to keep it short. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Commissioner Regalado, this is in your district. Commissioner Regalado: Thank you very much, Mr. Chairman. I -- in the many years thatl have been here, I have not seen such strong support of a homeowners association for a new project, and this is the one. The Gables Gate Homeowners Association have endorsed this project. They met with the developer several times, and one of the issues is, again, Home Depot, and by the way, I am bringing the Home Depot in Southwest 8th Sfreet issue for the first Commission meeting in March to discuss some of the issues that the resident have, but the neighbors are very happy with this project of town houses, and now -- and the old properties have to do with Home Depot because of the garbage and trash, so I am making a motion on -- to approve PZ. 7 on first reading. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. Vice Chairman Sanchez: We got a second. City ofMiami Page 94 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: We have a motion, and we have a second. It's an ordinance. Mr. City Attorney. Vice Chairman Sanchez: Did you open it to the public? Chairman Gonzalez: I already open the public hearing. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has passed on first reading, 5/0. PZ.8 06-00830zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 40, 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 "R-2" TWO-FAMILY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 1000 SOUTHWEST 30TH AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00830zc Analysis.pdf 06-00830zc Zoning Map.pdf 06-00830zc Aerial Map.pdf 06-00830zc Application & Supporting Docs.pdf 06-00830zc ZB Fact Sheet.pdf 06-00830zc ZB Reso.PDF 06-00830zc CC Legislation (Version 2).pdf 06-008301u & 06-00830zc Exhibit A.pdf 06-00830zc CC FR Fact Sheet 01-25-07.pdf 06-00830zc CC FR Fact Sheet 02-22-07.pdf 06-00830zc CC SR Fact Sheet.pdf First Reading LOCATION: Approximately 1000 SW 30th Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Fernando and Flor Garcia Tuon FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on October 30, 2006 by a vote of 5-0. See companion File ID 06-008301u. City ofMiami Page 95 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 PURPOSE: This will change the above property to R-3 Multifamily Medium -Density Residential. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.8 is a companion item. Yes, sir. Roberto Lavernia (Chief of Land Development): Yes. Roberto Lavernia, for the record, Planning Department. It is a companion item. It's a zoning change. The Planning Department is recommending approval for the same reason already explained, and the Zoning Board also recommend approval, 5/0. Chairman Gonzalez: All right. This requires a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Commissioner Regalado, it's your district again. Commissioner Regalado: Thank you, Mr. Chairman. I move to approve on first reading PZ.8. Chairman Gonzalez: We have a motion. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second. It's an ordinance. Jorge L. Fernandez (City Attorney): Yes, and for the record, the testimony and the presentation made for PZ. 7 also applies to 8. Chairman Gonzalez: Right. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has passed on first reading, 5/0. Ines Marrero: Thank you all very much. PZ.9 06-01056Iu ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1292 SOUTHWEST 21ST TERRACE AND 2149 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City ofMiami Page 96 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 06-010561u - PAB Fact Sheet.pdf 06-010561u - Analysis.pdf 06-010561u - Concurrency Report.pdf 06-010561u - Exhibit C.pdf 06-010561u - Comp Plan Map.pdf 06-010561u - Zoning Map.pdf 06-010561u - Aerial Photo.pdf 06-010561u - PAB Legislation.pdf 06-010561u - PAB Application Documents.pdf 06-010561u PAB Reso.pdf 06-010561u CC Application & Supporting Docs.pdf 06-010561u CC Legislation (Version 2).pdf 06-010561u 06-01056zc CC Exhibit A.pdf 06-010561u CC FR Fact Sheet 01-25-07.pdf 06-010561u CC FR Fact Sheet 02-22-07.pdf 06-010561u CC FR Fact Sheet 03-22-07.pdf LOCATION: Approximately 1292 SW 21st Terrace and 2149 SW 13th Avenue [Commissioner Joe Sanchez - District 3] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Luis and Mercedes Palomo and Palomo Holdings, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 6, 2006 by a vote of 5-1. See companion File ID 06-01056zc. PURPOSE: This will change the above properties to Restricted Commercial. CONTINUED Note for the Record: Item PZ.9 was continued to the Planning & Zoning meeting currently scheduled for March 22, 2007. Luis Herrera: Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Herrera: That I can say something. PZ.9 and PZ.10 -- Chairman Gonzalez: Right, they've been defer. Mr. Herrera: -- we already move out for today one time already, and we are ready to hear them today. Chairman Gonzalez: But the attorney that represent these items is not here; she's sick. She call -- she's sick; she can't be here -- Mr. Herrera: Then how come they never -- Chairman Gonzalez: -- so they're being defer. Mr. Herrera: -- say anything to us? They never had their -- City ofMiami Page 97 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: I'm telling you now. I just got the -- I just got a note around 10:30 this morning. Pamela E. Burns (Assistant City Clerk): Excuse me. We need your name for the record, please. Chairman Gonzalez: And we need your name and address -- Ms. Burns: Your name. Chairman Gonzalez: -- for the record. Mr. Herrera: My name is Luis Herrera, the president of Vizcaya Homeowner Association, and I think that this is ridiculous that it can pass through. Already we waiting for a long time to come in front of the Commissioners and read this, so she can have another assistant to concern the project. Chairman Gonzalez: I'm sorry, but the item has been deferred. Yes, ma'am. Zulema Rivero: I'm sorry. Can I just make one more comment? My name is Zulema Rivero. I'm also with items 9 and 10. I understand that we couldn't do second deferrals. There was strict rules from previous committees that they said there's only supposed to be deferred once, which has already happened. The other thing is being that the attorney from Mr. Palomo is not present, I've seen it also in other meetings where -- when the other attorney or the other representative is not there -- Vice Chairman Sanchez: By default. Ms. Rivero: -- by default. Chairman Gonzalez: No, no. Ms. Rivero: How can that not happen now? Chairman Gonzalez: That's in case of an appeal, but that's not -- it's not -- you know, we haven't heard the item, and each side has the opportunity to have the item heard and have an argument on both sides, and then the public would have their input, and then the Commission will make a decision on the item -- Ms. Rivero: OK, so -- Chairman Gonzalez: -- so -- Ms. Rivero: -- with regards to -- Chairman Gonzalez: All right. Ms. Rivero: -- our City Attorney that had a -- specifically said, at a previous meetings and reminded the oppose -- our opposing side that they can only defer once, where does this stand now? Jorge L. Fernandez (City Attorney): I have personally never said that. Chairman Gonzalez: OK. Ms. Rivero: No? City ofMiami Page 98 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: All right. Mr. Fernandez: No. Chairman Gonzalez: Item -- Ms. Rivero: OK. Chairman Gonzalez: -- we will be hearing the -- Ms. Rivero: Thank you. Chairman Gonzalez: -- I -- PZ (Planning and Zoning) items at 2:30 this afternoon. PZ.10 06-01056zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 38, 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 "R-1" SINGLE FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1292 SOUTHWEST 21ST TERRACE AND 2149 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01056zc Analysis.pdf 06-01056zc Zoning Map.pdf 06-01056zc Aerial Map.pdf 06-01056zc Letter of Intent.pdf 06-01056zc Application & Supporting Docs.pdf 06-01056zc ZB Fact Sheet.pdf 06-01056zc ZB Reso.PDF 06-01056zc CC Legislation (Version 2).pdf 06-010561u 06-01056zc CC Exhibit A.pdf 06-01056zc CC FR Fact Sheet 01-25-07.pdf 06-01056zc CC FR Fact Sheet 02-22-07.pdf 06-01056zc CC FR Fact Sheet 03-22-07.pdf LOCATION: Approximately 1292 SW 21st Terrace and 2149 SW 13th Avenue [Commissioner Joe Sanchez - District 3] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Luis and Mercedes Palomo and Palomo Holdings, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on October 30, 2006 by a vote of 7-0. See companiton File ID 06-010561u. PURPOSE: This will change the above properties to C-1 Restricted Commercial. City ofMiami Page 99 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 CONTINUED Note for the Record: Item PZ.10 was continued to the Planning & Zoning meeting currently scheduled for March 22, 2007. [Minutes related to item PZ.10 are located under companion item PZ.9.] PZ.11 06-01433zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 14, 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 "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 621-625 AND 645 NORTHEAST 64TH TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01433zc Analysis.pdf 06-01433zc Zoning Map.pdf 06-01433zc Aerial Map.pdf 06-01433zc Application & Supporting Docs. pdf 06-01433zc ZB 10-30-06 Fact Sheet.pdf 06-01433zc ZB 11-13-06 Fact Sheet.pdf 06-01433zc ZB Reso.PDF 06-01433zc Legislation (Version 2).pdf 06-01433zc Exhibit A.pdf 06-01433zc CC FR Fact Sheet 01-25-07.pdf 06-01433zc CC FR Fact Sheet 02-22-07.pdf 06-01433zc Submittal Map & Letter.pdf LOCATION: Approximately 621-625 and 645 NE 64th Terrace [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Grec Luis Development, Ltd., Contract Purchaser, and Grec/Luis II, Ltd. and Terra Urbana, Ltd., Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on November 13, 2006 by a vote of 6-1. PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential with an SD-12 Buffer Overlay District. CONTINUED A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to continue item PZ.11 indefinitely until the issue regarding the two-way street has been resolved. City ofMiami Page 100 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: PZ.11. Yes. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.11, the request to apply an SD-12 over an R-3 designated property on Northeast 74 Terrace. The Planning Department is recommending denial. We still have concerns about the mixed uses on the SD-12, but the applicant is going to explain you the project that they are planning to do in there. Thank you. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here today on behalf of the property owner and the applicant. We have an application before you today for an SD-12 overlay. The property is located at Biscayne Boulevard and Northeast 64th Terrace. With me here today as well is our architect of record, Carlos Brava, as well as our design architect, Rolando Llanes, and our landscape architect, Ken Gardner. With regards to this particular project, we have the SD-12 overlay before you, and the property is zoned -- it has actually three different zonings. The area in red is zoned C-1, as well as it has an SD-9, and then right behind it is R-3, which is medium density residential. Originally, my client had designed a project which was a total residential project with some retail on the ground floor along Biscayne Boulevard, and actually, there's a photograph of that project. This was the original project that we had designed, and we went through the internal design review process, and we had obtained a Class II Permit, which we have, and actually, my client submitted plans for a building permit, and he's had all the plans signed off. When he was going through that process -- and let me explain a little further. Within that project, you have all residential in this building, and then in the portion behind it, it's residential on the first two floors and the top two floors lining the street, and then behind that is parking for the residential for both portions of the structure, and you can't see the parking garage, and that was approved. After he went through this process, he decided that he wanted to change this portion of the building into office; keep the retail on the ground floor, keep the residential in the rear, but have office within this portion of the building, but because this portion of the building is zoned C-1 -- and you can see here that the property is not very deep. It's only 67 feet deep, and we also have an SD-9 overlay, which limits the height of the project to eight stories, so because of the depth of this property and because of the height limitation on Biscayne Boulevard, we couldn't have the parking behind the R-3, although you could have the same looking building with all residential, but we couldn't -- so what we did is we determined that if we put an SD-12 overlay on the R-3 -- and we keep the same looking building. We're not changing it, and you're keeping the same thing. Within this building back here, you'll have the parking behind the units, which you won't be able to see, but in order to do that, we need the SD-12 overlay. We went before the Zoning Board. The Zoning Board recommended approval of this particular project. At that meeting, we met a gentleman who lives over here, Mr. Louis Bourdeau. He's here today. He's in support of it. We also met with the Upper Eastside Council with regards to this particular request, and you know, we addressed any questions that they had, and we would hope that you would support it along with the SD-12 overlay. It requires two readings because it's a rezoning, so we're here before you today. We're hoping that you will pass -- that you will approve it, and then we come back a month later, and at that time, during second reading, we're also required to get a special exception approved by this City Commission as well, and there are specific plans that show this building, so if the SD-12 is approved, it would be approved subject to this specific building because that was a concern ofMr. Bourdeau is that he's not opposing an SD-12 overlay as long as, with regards to our parking, there's a structure here and you can't see the parking, and it's not a flat -- just a parking lot, so we would be tied to plans in that regard. This particular project, as I was saying, we'd have the 2,400 square feet of retail on the ground floor. There would be 43 residential units in the R-3; 4 in the office portion. We provide additional parking than that which is required, and actually, in the C-1 -- in the R-3, it requires more parking than other districts within the City ofMiami. For any two -bedroom units, you have to have two parking spaces, which we do have, plus, we have visitor parking, plus, there are additional 23 parking spaces, so we definitely provide sufficient parking for this particular project. At this time, I can -- actually, City ofMiami Page 101 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 I'd like to put into the record -- I have a letter of support by Mr. Bourdeau, as well as another individual, Ada Abbott, who owns several properties within the area, and I had highlighted their properties in green, and I will put that in the record, and I also have our architect of record here, Rolando Llanes, who can walk you through this project if you have any questions with -- you know, specifically with regards to it. Just to get into some comments with regards to the rezoning and why it is appropriate here, number one, with the criteria in the City Zoning Ordinance, it does conform with the Comprehensive Plan, the changes related to the adjacent and nearby area, and what it will allow for is to have an office building in a C-1 commercial area, other than just providing all residential. It is consistent with the neighborhood. It's not out of scale with the neighborhood. There are some other SD-12 overlays in the area; one to the north up here and one to the south down there. This change would have a similar -- it would affect the area similarly, as if it was the residential, and really, again, the SD-12 overlay only allows for the same parking that you could have if it was all residential, so with that, I will put this into the record, and then I'd be happy to answer any questions. I'd like to have Mr. Boudeau speak, and we can address anything that you may have. Vice Chairman Sanchez: Any opposition to this? Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address the Commission in reference to this item, please come forward to be recognized. Yes, sir. Louis Bourdeau: Hi. Good afternoon. My name is Louis Boudeau, 685 Northeast 64th Sfreet. Adrienne had just kind of explained a bit of my background with this -- or involvement with this project. I am in support of it. Initially, I had a concern that when a zoning change was made like this, that we didn't end up with a surface lot or a parking garage that -- Vice Chairman Sanchez: Thank you. Mr. Bourdeau: -- it was very important that we add to the community. The residential units are added to the commun -- eyes on the street, eyes on the park. I think it's a very good mixed use, with the commercial and the residential, and I was assured at the Zoning hearing that, yes, if you approve this, it's per plans on file; that they cannot change significantly and, you know, minimize or remove the residential component of this, so that was my initial concern, and I -- at least, you can restate it today and make me feel even better, that's fine, butl believe that that's not an issue anymore. My other concern was this is a one-way street into the community, and there's a high volume of traffic now with immigration processing at the American Legion Post, and my concern was that additional commercial traffic into the community would add more burden. I've been in touch with the City, and in turn, the County, and met with the City staff and County, and the developer, and they're looking into making, at least, partial part of 64th Terrace a two-way, the portion where the commercial traffic would be exiting the project. I'm comfortable that, you know, the developer is working with us and the City to make that happen. I would not have that as a condition of this project. I believe that they've already given the right-of-way that they need to. It's contingent upon some findings from the County and the State. I believe that this project is going to definitely add to the community, and I -- we need to continue to build the community with residents. It has units right on the street level and on the park side, so I'm very much in favor of it, and that's all I have to say at this point. Chairman Gonzalez: Thank you, sir. Thank you. Elvis Cruz: Good afternoon. Elvis Cruz, 631 Northeast 57th Sfreet. I'm the vice president of the Morningside Civic Association, andMorningside opposes commercial intrusions into residential neighborhoods. The Planning Department is correct to recommend denial. There's a recurring theme here at City Hall where a developer will come in asking for a change in their zoning. Rather than buying property that meets their needs or designing a building that fits the property City ofMiami Page 102 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 they've purchased, developers will come in here and ask you to change the zoning to fit their desires. I'm asking you to please help protect the residential zoning from commercial intrusion. This is the camel's nose under the tent, and as the attorney already mentioned, it's already happened twice. She pointed those out. We don't need a third. All the neighborhoods, be they along Biscayne Boulevard or Coral Way, or any thoroughfare, should be protected from commercial intrusion. Also, I do not understand why this building, under SD-9, does not have a 45-degree back slope where it abuts the R-3. That is a requirement of SD-9, and yet, it's not there. Furthermore, Section 1305.2 requires surface parking as a district buffer. There is no surface parking as a district buffer in this particular instance, so I would ask the Planning Department to please address those, if that's possible. Again, I ask you to deny this SD-12. Thank you. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: It -- Chairman Gonzalez: Anyone else? Seeing none, hearing none, we're closing the public hearing; bring it back to the Commission. Commissioner Sarnoff. Commissioner Sarnoff I'm going to make a motion to approve it just for discussion items -- Chairman Gonzalez: We have -- Commissioner Sarnoff -- and I'd like to hear from the Planning Department on the two issues that -- Vice Chairman Sanchez: Wait. You're making a motion -- Commissioner Sarnoff -- he brought up. Vice Chairman Sanchez: -- to approve it? Chairman Gonzalez: We have a motion to approve -- Commissioner Sarnoff Just for discussion. Chairman Gonzalez: -- for discussion -- Vice Chairman Sanchez: Second for -- Chairman Gonzalez: -- and we have a second -- Vice Chairman Sanchez: -- the purpose of discussion. Chairman Gonzalez: -- for discussion purposes. Commissioner Sarnoff. Commissioner Sarnoff Planning Department, can you address the two concerns he brought? Lourdes Slazyk (Zoning Administrator): Again, Lourdes Slazyk, Zoning. The issues he asked were zoning questions. What's before you today is the zoning overlay. The project is not here today, and I don't have the plans on me because the project is not before you. I will look at those before the project comes in and see if the proper angles were met and all of that. I just don't have the plans here because the special exception will be here next month before you. I'll have those answers when I look at the plans. City ofMiami Page 103 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Sarnoff This is on first reading. What is the status of making this a two-way street so they exit -- instead of going through the neighborhood the first, let's say, hundred feet of it would be a two-way street so they could exit off Biscayne Boulevard? Ms. Pardo: We are -- Mr. Bourdeau, as well as my client, has been in touch with Stephanie Grindell, and they've been in touch with the County, as well, in order to do that. It would be for the first approximately 70 feet, so we're looking to do that. My client has already made the dedication of seven and a half feet on his side for the width of the sfreet, and they also, I believe - - we need -- the thing is it appears that the City Public Works Department is in favor of it, but we need to -- the County has to approve it, and perhaps, FDOT (Florida Department of Transportation) needs to approve it as well because it's coming off of Biscayne Boulevard, so we're working with, you know, the City and the County in that regard. Commissioner Sarnoff I'm going to withdraw my motion then, and I'm going to wait until the two-way sfreet is resolved, so I'm going to make -- I'm going to now make a motion to deny. Ms. Pardo: IfI could -- Vice Chairman Sanchez: Second for the purp -- Chairman Gonzalez: All right. We have a motion -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- to deny it, and we have a second. All in -- Ms. Pardo: IfI could -- could I address that? I mean, we've been working with the neighborhood, and we spoke with Mr. Bourdeau. It's not -- this particular project, just so you understand, he has an approved Class II for a residential, and you can have all that residential traffic going into the neighborhood. The neighbors who live in this area, in this direct immediate neighborhood, are not saying they're opposed to it. They're saying they like it. They like the fact that it's bringing office to the area, that it's bringing residential as well as the office. We had also met with the Parks Department with regards to it. They were very supportive of this particular project, and again, the SD-12 overlay is only so you can have parking for the office. It's the same parking that you can have for the residential, and we've been working with the neighborhood. We went to the Upper Eastside Council, and it's not a commercial intrusion. You're allowed to have the C-1 on Biscayne Boulevard, and we're not asking to extend that at all. We're asking for the overlay just so you could have the parking for the office there. You could provide that parking elsewhere within a thousand feet, but you know what would happen if you do that? Then what's going to happen is people are going to be parking on the streets. That's not going to be good for the neighbors who actually live there, for Mr. Bourdeau. If we got approval and we came back with a lease, we could do that. We could bring a lease and show we're providing parking within a thousand feet, but people aren't going to want to park that far away. What they would do is they would then start parking up and down those streets, and that's not fair to the neighbors in this particular area. I understand Morningside doesn't want to have commercial intrusion. We're not talking about commercial intrusion, and this is not, you know, particularly where they are. It's a different area, and we're frying to provide parking, all the parking, and additional parking on site. Commissioner Sarnoff Ms. Pardo, where -- you're talking about now an office building on the front C-1 section -- Ms. Pardo: Yes. Commissioner Sarnoff -- correct? Where would that -- City ofMiami Page 104 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Ms. Pardo: Only. Commissioner Sarnoff -- parking go? It would go in the back, correct? Ms. Pardo: The parking would -- Commissioner Sarnoff Commer -- Ms. Pardo: -- be in the R-3, and it's in the structure in the R-3. Commissioner Sarnoff Correct, and they would proceed down a one-way street down 70 -- what's the street? Commissioner Spence -Jones: Sixty-fourth. Ms. Pardo: Sixty-fourth. Commissioner Sarnoff -- 64th Street, and they would have to make a right turn to come out, correct? Ms. Pardo: Yes. The way it is now -- Commissioner Sarnoff So you're forcing commercial -- Ms. Pardo: -- but the same goes -- Commissioner Sarnoff -- traffic -- right. You're forcing commercial traffic into the neighborhood until and unless you convert the first 70 feet, you say, into a two-way sfreet, which you say you're in the process of doing. Ms. Pardo: Right, but we don't know how long that could take. It's not fair to this particular property owner that the City has this as a one-way sfreet, and if this is a residential building, you're still bringing that traffic into this neighborhood. Commissioner Sarnoff Why is it unfair to this property owner? Ms. Pardo: It's unfair to this property owner because they're trying to build commercial on a commercially zoned area -- Commissioner Sarnoff Right. Ms. Pardo: -- and it's unfair because the street is one-way. They can't help that. He's trying to make the sfreet two-way at this end so that you could bring -- the cars would come in here, the commercial cars would come in here, and they'd go back out, but we've got to work with FDOT, and Dade County, and the property owner on the other side in order to do that, and they have -- you know, he has a lot invested in this particular piece of property, and he's trying to work with the City and work with the neighborhood. He's designed a really nice project. You know, originally, the other Commissioners may remember that this particular district, before the SD-9 was placed on it, you could go a lot higher, but when the SD-9 was placed on it a few years ago, it lowered the heights because the neighborhoods in this area wanted, you know, shorter buildings, when you have a mid -rise here. You have an eight -story building. Because of that, you can't go high anymore. For -- you can't have a four- or five -level parking garage on the C-1. That's been taken away. You've got eight stories total; eight stories, 95 feet with a mixed -use, so because of that, it forces the parking in the back, but what he's designed is a City ofMiami Page 105 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 project that's very appropriate to the neighborhood. It's totally -- it has town houses -- five town houses along the first two floors. The top two floors are totally lined with residential units, so you have eyes on the street, which the neighbors like. They like the fact that you're going to bring more people into the neighborhood, and you're going to put eyes on the street, and then it also provides eyes on the park as well, so it's just -- I mean, it'd be a real shame to kill a project like this -- Commissioner Sarnoff Oh, it's not killed. Isn't it allowed as residential? Ms. Pardo: Right, but right now, we all know the residential market is really -- Commissioner Spence -Jones: Suffering. Ms. Pardo: -- it's suffering. Commissioner Spence -Jones: I just want to ask a quick question, Commissioner Sarnoff respecting that it is your district, OK? Commissioner Sarnoff You know what? I heard from a great Commissioner that we don't need to be parochial -- Commissioner Spence -Jones: Right, so -- Commissioner Sarnoff -- that we need to be citywide. Commissioner Spence -Jones: -- right, so my -- I would just like to have clarity from -- Commissioner Sarnoff Sure. Commissioner Spence -Jones: -- the -- from Stephanie in Public Works real fast because there was a comment that was made about the two-way street. Can I -- Stephanie, can you, at least, from a staff standpoint, put on record --? I know it's a one-way sfreet. I've been on the sfreet several times. I believe Legion Park is right -- that's the park that's in front of that facility, correct? Ms. Pardo: Legion here. Vice Chairman Sanchez: Yeah, but listen -- Commissioner Spence -Jones: So -- Vice Chairman Sanchez: -- they can't be bringing a cake half-baked all the time here in front of the Commission. I mean, they should have the whole layout. Commissioner Spence -Jones: But I just want to hear what she has to say regarding the sfreet. Vice Chairman Sanchez: Because it's like a puzzle, everything becomes a negotiation chip. I give you this, you give me this, you give me -- at the end of the day -- Stephanie Grindell: Stephanie Grindell, director of Public Works. I had an informal conversation with one of the residents about the -- about two-waying a portion of that street, and I advised them that that was within the County's jurisdiction, not the City's. I don't have as -- from Public Works perspective, we don't have any objections to it, but -- I don't know about the Transportation Department, but the one who has jurisdiction is the County -- City ofMiami Page 106 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: Is the County, so -- Ms. Grindell: -- and they are working with the County. Commissioner Spence -Jones: -- I'm just curious, Adrienne, why she's -- what is -- so it's not really the City; it's really the County, correct? Ms. Pardo: Right. It's the County, and -- Commissioner Spence -Jones: So -- Ms. Pardo: -- perhaps, FDOT, as well. Commissioner Spence -Jones: -- what did the County say? Ms. Pardo: The County -- e-mails (electronic mail) were sent to the County. Communication was made with -- Chairman Gonzalez: The County is the County. Ms. Pardo: -- the County. Commissioner Sarnoff Right. Commissioner Spence -Jones: No. I'm -- Ms. Pardo: You know -- Commissioner Spence -Jones: -- just asking, you know. Ms. Pardo: -- I didn't have the direct conversation with the County. Chairman Gonzalez: People complain about the City -- Ms. Pardo: I don't know ifMr. Bourdeau is still here. Chairman Gonzalez: -- go to the County. Ms. Grindell: I actually have the -- Commissioner Sarnoff Right. Try them out. Ms. Grindell: -- I actually have copies of -- Commissioner Sarnoff Take them for a spin. Ms. Grindell: -- the e-mail if you want me to go and get them. Commissioner Spence -Jones: No. I won't do that. I just wanted to -- somebody mentioned your name and mentioned that this was happening already, as if it was in process, so I was frying to get clarity from you as to whether or not it was already happening or, at least, moving in the direct -- it sounds like it's a lot further away than it is. Is that --? Mr. Bourdeau: Can I speak again? OK -- City ofMiami Page 107 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: No. We closed the public hearing now -- Mr. Bourdeau: I don't know. OK. Chairman Gonzalez: -- and -- Ms. Pardo: Actually, he -- Chairman Gonzalez: -- we have a motion -- Ms. Pardo: -- had the conversation with the County. Chairman Gonzalez: -- on the floor -- Mr. Bourdeau: OK Chairman Gonzalez: -- to deny, and we also have a second, and you know -- Ms. Pardo: Could I ask one other -- Chairman Gonzalez: -- so -- Ms. Pardo: -- thing then? Let us then continue this to your next meeting. Vice Chairman Sanchez: All right. Listen, butting -- the abutting -- Chairman Gonzalez: Well -- Vice Chairman Sanchez: -- property's in R-3, right? R-2? Ms. Pardo: Abutting, behind. Vice Chairman Sanchez: R-2 or R-3? Chairman Gonzalez: What I -- Ms. Pardo: R-3 -- Chairman Gonzalez: -- suggest that you do -- Ms. Pardo: -- which is medium density residential. It's five stories. Commissioner Sarnoff What's that? Ms. Pardo: What's what? Chairman Gonzalez: -- is before -- not bringing this to the next meeting. Once you have a solution -- Commissioner Sarnoff Right. Chairman Gonzalez: -- on your street from the County, then talk to the Administration and have the item put on the agenda because, you know, we're not going to be having this debate every other meeting, and you know, the issue of the street not being solved, so once you know that you have a commitment from the County that you can show the Commissioner of the district here it City ofMiami Page 108 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 is; the County's going to build the road -- Vice Chairman Sanchez: Exactly. Chairman Gonzalez: -- then, you know, we proceed to (INAUDIBLE). Commissioner Sarnoff Let me change my motion, Mr. Chairman, and let me make a motion to defer. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion to defer indefinitely, right? Commissioner Sarnoff Correct, sir. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Vice Chairman Sanchez: Come back with a -- Ms. Pardo: Thank you. Vice Chairman Sanchez: -- fully cake baked -- Chairman Gonzalez: With a fully cake bake. Vice Chairman Sanchez: -- baked cake. Mr. Cruz: Mr. Chairman. Chairman Gonzalez: PZ.12. Vice Chairman Sanchez: Fully baked. Chairman Gonzalez: Yes, sir. Mr. Cruz: May I ask a procedural question, sir? Chairman Gonzalez: Yes. Mr. Cruz: Thank you. I've noticed a habit here where the developer's attorney will present, you open the public hearing, you close the public hearing, the Commissioners make motions and begin deliberating, and then the developer's attorney will step to the microphone and represent their argument. Chairman Gonzalez: No. Mr. Cruz: I thought the public hearing had been closed, or are some people more equal than others when it -- Chairman Gonzalez: No. City ofMiami Page 109 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Cruz: -- comes to --? Chairman Gonzalez: Not really. Mr. Cruz: So then why was I not allowed to offer rebuttal to her reargument before the vote was taken? Chairman Gonzalez: Because we're not going to hear the case. Mr. Cruz: OK. Chairman Gonzalez: I mean, the case -- you know, he's -- she's going to have to come back whenever they -- Commissioner Spence -Jones: Get it together. Chairman Gonzalez: -- have a solution with the County. Mr. Cruz: But at one point in time, there was a motion. Chairman Gonzalez: To what I have to add, good luck. Vice Chairman Sanchez: What, you wanted rebuttal? Mr. Cruz: Well, at this point, you've already voted, but what -- the point I was trying to make, procedurally, is that there was a motion on the floor to deny, and I would have liked to have spoken to that, butt never got an opportunity, and more importantly, once you close the public hearing, it appears that it's sometimes opened for some people and not others. Jorge L. Fernandez (City Attorney): Well, Mr. Chairman -- were you here when I read the protocol that the City Commission will follow -- Chairman Gonzalez: No, he was not. Mr. Fernandez: -- with regard to hearing public --? Vice Chairman Sanchez: He should -- Chairman Gonzalez: No. He just -- Vice Chairman Sanchez: -- know it by heart. Chairman Gonzalez: -- arrived, but he should know it -- Mr. Fernandez: Well -- Chairman Gonzalez: -- by heart. Mr. Cruz: I've heard it before, Attorney Fernandez, yeah. Mr. Fernandez: I'll explain it to you later, if you will -- Mr. Cruz: Thank you. Mr. Fernandez: -- but I assure you the Commission is acting appropriately. City ofMiami Page 110 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Cruz: Oh. I thank you. Chairman Gonzalez: PZ.12. Commissioner Spence -Jones: I just want to add something. Vice Chairman Sanchez: Elvis, you'll be back again on this. Commissioner Spence -Jones: Mr. Chair -- Chairman Gonzalez: PZ.12. Commissioner Spence -Jones: -- Mr. Chairman, I know we're moving on. I just want to ask Commissioner Sarnoff one quick question. You did make a recommendation, though, about an entrance maybe, perhaps, going onto the boulevard from the project, correct? Commissioner Sarnoff A two-way street will allow the traffic to flow -- not go through the neighborhood, but would allow it to go directly onto the boulevard. Commissioner Spence -Jones: OK. All right. PZ.12 06-00397Iu 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 21-23 & 31-33 SOUTHWEST 52ND COURT AND 20-22 & 30-32 SOUTHWEST 52ND 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. 06-003971u - PAB Fact Sheet.pdf 06-003971u - PAB Legislation.pdf 06-003971u - Analysis.pdf 06-003971u - PAB Concurrency Report.pdf 06-003971u - Comp Plan Map.pdf 06-003971u - Zoning Map.pdf 06-003971u - Aerial Photo.pdf 06-003971u - PAB Application Documents.pdf 06-003971u PAB Reso.pdf 06-003971u CC Concurrency Report.PDF 06-003971u CC Application & Supporting Docs.pdf 06-003971u CC Legislation (Version 2).pdf 06-003971u & 06-00397zc Exhibit A.pdf 06-003971u CC FR Fact Sheet 01-25-07.pdf 06-003971u CC FR Fact Sheet 01-25-07.pdf 06-003971u Submittal Presentation.pdf 06-003971u CC SR Fact Sheet.pdf LOCATION: Approximately 21-23 & 31-33 SW 52nd Court and 20-22 & 30-32 City ofMiami Page 111 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 SW 52nd Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Rick D. Ruiz, on behalf of Francisco & Teresa Permuy and Guillermo Permuy, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 7, 2006 by a vote of 7-0. See companion File ID 06-00397zc. PURPOSE: This will change the above properties to Restricted Commercial. Motion by Commissioner Regalado, 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: PZ.12 and 13, which is a companion item. Harold Ruck (Planner II): All right. Good afternoon. I'm Harold Ruck, with the Planning Department, and this is PZ.12. It's -- there is a companion item, PZ.13, which is for a corresponding zoning change, but this (UNINTELLIGIBLE) will be for a future land use. The proposal at approximately 21 to 23 Southwest 52nd Court, 31 to 33 Southwest 52nd Court, 20 to 22 Southwest 52nd Avenue, and 30 to 32 Southwest 52ndAvenue is to change the future land use map of the Miami Comprehensive Neighborhood Plan from medium density multifamily residential to restricted commercial. The subject property is approximately .63 acres, comprised of several lots fronting Southwest 52nd Avenue and Southwest 52nd Court. The current future land use designation patterns are single-family to the south, medium density multifamily to the north and east, restricted commercial is to the west, across from Southwest 52nd Court. The Planning Advisory Board recommended denial. The Planning Department also recommends denial. This change in restricted commercial is not a logical extension of that category and would bring a more intense commercial use to a residential area. Chairman Gonzalez: All right. Yes, sir. Good afternoon. Rick Ruiz: Good afternoon, Mr. Chairman, members of the Board. My name is Rick Ruiz. I'm here representing the Permuy family, and 3150 Southwest 15 Street. Trying to get my computer to work for you. Do I need to do anything else over here after it's on? Commissioner Regalado: No. It's almost -- it says "no signal." Now you have a signal. Mr. Ruiz: Thank you. Basically, this property that you see before you, it's in an area of the City ofMiami that, realistically, in the future, probably in another five to ten years, will probably get one of the Miami 21 area overlays where all this area within Flagler, because of the corridor area, will be changed. At the present time, it's not happening because it's going to be some time, maybe five to -- I can't see it any sooner than that, but I'm sorry to say that. Otherwise, when this property was established, if you look at the legal description of the property, basically, the property was established as one large lot that started where my clients' property goes all the way to Flagler. During history of this time, it didn't quite happen that way, and it -- the property basically changed, and they built duplexes on the property and other residential uses on it, but as you will see, as I guide you through my presentation, you'll see different changes that have occurred within the years in Flagler. First, Flagler doesn't have certain -- especially, this area all the way from, let's say, 47th Avenue all the way to about, probably, 57th Avenue, no new -- or let's even go further, which is almost to the Palmetto, it doesn't have any new office buildings that have occurred within that area in the last -- over 20 years. There's a lack of office space within that area specifically, and the uses -- in fact, most of the commercial properties in that City ofMiami Page 112 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 area are -- none of them are vacant. The majority -- it's hard to find a vacancy within that area, and this property -- Commissioner Regalado: Excuse me. On these properties -- Mr. Ruiz: Yes. Commissioner Regalado: -- these are not duplexes. These are four apartments -- Mr. Ruiz: Right. Commissioner Regalado: -- two stories -- Mr. Ruiz: Yes. Commissioner Regalado: -- four apartments -- Mr. Ruiz: Right. Commissioner Regalado: -- quadruplex. Mr. Ruiz: Yes -- Commissioner Regalado: OK. Mr. Ruiz: -- and it was established by previous owners and so forth, and if you could see on that diagram I'm showing you now, basically, this is the site that we have. If you see toward the west, there is a commercial building -- commercial shopping center, which is completely full. There on the north side, you see an elementary school, and then toward the east side, you see a multistory apartment building there. Right adjacent to our property -- and this is our biggest little problem here, which is the properties adjacent to Flagler who are used as C-1 property, but they're -- because they've been established for many years, but they're used as office and daycare. Today, under the R-3 zoning, the only way they could get it is going through some sort of special exception and creating them or changing the zoning to them, so realistically, the uses for the daycare and the offices are similar in use as the C-1 properties that would be established on the other side of it. Also, I want to -- for you to look at this aerial. You're going to see, at the far end of C-1, toward the west, that you have a similar property to ours on the opposite side of the shopping center where we are, and it -- what was established there was also a C-1 property for these individual lots also. All these are owned individ -- by individual owners. In fact, here's a closer picture of them, where you see, again, that the C-1 is here, the C-1 is next to it, with divided lots of C-1 usage, so basically, it's not out of character of West Flagler. It's not out of character of this area to have what we're requesting within our area. Also, you -- here are the pictures of the properties that we have. You're going to see in one of the properties what happens within this street, which is 52nd Court. You see there the mail truck, and another thing that occurs is since the elementary school is across the street, we get all the pickup and delivery of the kids. They come in, they park within that area, they leave their kids at the school across the street, and that's why you see that the -- there's really no grass within that area. It used to be grass, but the continuous use of the school coming in and out, as you can see, probably, from the picture in the far right corner, you can see the school immediately there. Also, to the left corner top, you see the office use. This here is an office use that has been there for many years, basically, court reporting and so forth that's done there. Also, you see an alley that is behind the shopping center. This alley also helps, realistically, in creating that -- let's say you're out of the area; you want to come into that shopping center or around it. You get to the public alley and around. In fact, one of the things I was considering with -- and we spoke about with our -- with the owner is that any project that we would do on the property or just keep the property as -is and City ofMiami Page 113 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 work with it, we would create a one-way through one street to the next in that property, so when you look at the property, we would have a continuous also entrance and exit that you wouldn't have to go around the neighborhood to get in and out there, so we could also do that with any development that occurs or the existing development that's there. When you look at your zoning map, you could also see the frend that happened -- that's happened within Flagler. Flagler, you could see the C-1 occurring all the way down to 57th Avenue. It has a chunk of it still the R-3, and then again it occurs again as the C-1 commercial and continues, so again, the uses of this proposed C-1 wouldn't be, again, out of character with the rest of the C-1 that already occurs in Flagler and adjacent to the R-1 zoning that you see now. This is the -- on the opposite side, on 52nd Avenue, you see the multistory building and the two buildings that we have there, as well as, on the far right corner, you see the daycare that exists and is established there, which is also a use that you could have within the C-1, so regarding that type of use and the restrictions that we would have on our property are not far from what we're proposing. Also, we've submitted to the Law Department a covenant running with the land that stipulates that we would have limited uses within the property; that these covenants would resfrict the kind of uses within the C-1, something similar to what was discussed with the district -- the overlay 26. We eliminated a number of things that would not be able to be done here at this C-1 property. Basically, we're gearing it toward an office -type structure that doctors, lawyers, professionals, architects, engineers, people who -- in that type of profession could be able to have an office at this location. Again, people within the neighborhood would have the flexibility of having something similar to and close by to their homes, which it's hard to find throughout that Flagler, as you all might be aware of as you travel Flagler in this specific area, so we believe that, if you look at that zoning map and you see what occurs -- and what we have already submitted as a covenant to resfrict the property in regard of height, we restrict it to five stories, which is also permitted within the R-3. The R-3 permits us to go five stories. We restricted it to the R-3 height. We restricted uses, and we think that this is, again, a compatible use, not far away from the similar use to the opposite side of the shopping, and also similar uses that already exist on Flagler. Because of these different things, we would like for your approval. Also, at the last meeting of the Zoning Board, the discussion basically of not approving it at that time was basically the covenant. They had a lot of discussions regarding the covenant that wasn't before them; that they couldn't be -- it couldn't be proffered; that it only could be sent here to the Commission, but they could see that they could do that, but the covenant was an issue, so the covenant is here. The covenant was submitted, and we're willing to work with the Department regarding any other thoughts that they might have on this. If you have any questions, I'll be more than glad to answer them. Chairman Gonzalez: All right. That concludes your presentation? Mr. Ruiz: Yes. Thank you. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. The covenant presented, what are the uses not proposed? Jorge L. Fernandez (City Attorney): Again, this is on first reading. We have the covenant. I don't have it with me because, typically, we bring those as -- covenants to run with the land as part of the zoning change, not the Comprehensive Plan, which is the item that is presently being considered, but I cannot speak to the limitations that have been placed on the covenant, the appropriateness of them, or -- Commissioner Regalado: What is the zoning --? The zoning is PZ.13. City ofMiami Page 114 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Fernandez: Correct, is the companion item to that, PZ.13. Commissioner Regalado: So you have it? Mr. Fernandez: We have it, but we have not yet reviewed it -- Commissioner Regalado: Oh. Mr. Fernandez: -- because we typically review those for second reading. Commissioner Regalado: Well, he had reviewed it, Orlando. In yes -- what was it, yesterday, in the briefing, you said that you have it and you have review the covenant. Roberto Lavernia (Chief of Land Development, Planning Department): Yes. We're working with the applicant. We reviewed the covenant. We're in agreement with the uses that they are taking out. Again, we cannot change the recommendation for approval because it's not a logical extension -- Commissioner Regalado: No, no. What I'm saying is, right across the sfreet, up to the property line, past the alley, there is this huge wall surrounding the shopping center, right, across the street from these properties? Mr. Lavernia: (UNINTELLIGIBLE) there's a huge shopping center with parking through the alley, yes, sir. Commissioner Regalado: Right, so the commercial goes into residential across the street? Mr. Lavernia: The commercial -- no. I think that -- Mr. Ruiz: Yes. Commissioner Regalado: Yes. Mr. Lavernia: -- there is residential behind. Mr. Ruiz: Yeah. Commissioner Regalado: Yes, yes. The commercial goes into residential -- Chairman Gonzalez: Residential -- Commissioner Regalado: -- across the street. Chairman Gonzalez: -- yeah. Commissioner Regalado: That's what I'm saying. Mr. Lavernia: Yes, up to the sfreet. Yes, sir. Commissioner Regalado: OK, OK. That -- those are four apartment building, and by the way, the reason that there is no grass on the swale areas is not because the parents park to pick up the children. It's because some people, what they do, they leave the tractor trailers park over there, somebody comes and pick up that person, and that person go home, and they park the tractor trailer. Actually, we had about ten Code Enforcement cases in those two properties because of abandoned cars and towing trucks park on the sidewalk and the sfreet, and that's mainly the City ofMiami Page 115 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 problem. The problem is that those two properties are fronting the shopping center, the side of the shopping center, which by the way, was approve -- I don't know when, but it's been there -- but the shopping center goes deep into the residential area across the street, on the same 52nd Avenue, so if there is a covenant, and if, you know, we have restriction on the uses -- I mean, like they can't have like a bar or something, you know -- I would move to approve PZ.12 on first reading. Chairman Gonzalez: All right. We have a motion to approve PZ.12 on first reading. Do we have a second? Commissioner Sarnoff Second. Chairman Gonzalez: And we have a second. It's an ordinance, Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll -- Commissioner Regalado: Mr. Chairman, ifI may? Chairman Gonzalez: Yes, sir. Commissioner Regalado: Just -- the covenant says that these uses shall be prohibited on the property: bars, saloons, taverns, supper clubs, automotive service station, packaged liquor store, and used car sales. That is -- OK. Chairman Gonzalez: Roll call, please. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has passed on first reading, 4/0. PZ.13 06-00397zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 31, 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 "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 21-23 & 31-33 SOUTHWEST 52ND COURT AND 20-22 & 30-32 SOUTHWEST 52ND AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City ofMiami Page 116 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 06-00397zc Analysis.pdf 06-00397zc ZB Zoning Map.pdf 06-00397zc ZB Aerial Map.pdf 06-00397zc ZB Application & Supporting Docs.pdf 06-00397zc ZB 07-10-06 Fact Sheet.pdf 06-00397zc ZB 09-25-06 Fact Sheet.pdf 06-00397zc ZB 10-16-06 Fact Sheet.pdf 06-00397c ZB Reso.PDF 06-00397zc CC Zoning Map.pdf 06-00397zc CC Aerial Map.pdf 06-00397zc CC Application & Supporting Docs.pdf 06-00397zc CC Legislation (Version 2).pdf 06-003971u & 06-00397zc Exhibit A.pdf 06-00397zc CC FR Fact Sheet 01-25-07.pdf 06-00397zc CC FR Fact Sheet 01-25-07.pdf 06-00397zc CC SR Fact Sheet.pdf LOCATION: Approximately 21-23 & 31-33 SW 52nd Court and 20-22 & 30-32 SW 52nd Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Rick D. Ruiz, on behalf of Francisco & Teresa Permuy and Guillermo Permuy, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Made a motion to recommend approval, which failed due to the failure to obtain five affirmative votes, constituting a recommendation of denial to City Commission on October 16, 2006 by a vote of 2-4. See companion File ID 06-003971u. PURPOSE: This will change the above properties to C-1 Restricted Commercial. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Chairman Gonzalez: All right. PZ.13 is a companion item. Anyone from the public that wants to address PZ.13, please come forward to be recognized. Seeing none, hearing none -- yes. Jorge L. Fernandez (City Attorney): Yes. It's an ordinance. I'm sorry. Roberto Lavernia (Chief of Land Development, Planning Department): It's the companion item zoning change for the same reason already established. The Planning Department recommending denial, and the Zoning Board recommend also denial in this case. Chairman Gonzalez: Recommend denial, OK. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. With the same condition, I move to approve on first reading PZ.13. Chairman Gonzalez: We have a motion on PZ.13. City ofMiami Page 117 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second. It's also an ordinance. Mr. City Attorney. Mr. Fernandez: It's an ordinance of the Miami -- Chairman Gonzalez: I opened the public hearing and closed -- Mr. Fernandez: -- City Commission. Chairman Gonzalez: -- the public hearing. The Ordinance was read by title into the public record by the City Attorney. Mr. Fernandez: And there is no conditions, per se. It's a covenant that's going to be proffered, and upon second and final reading, then you will have an opportunity to fully consider that covenant. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has passed on first reading, 4/0. Rick Ruiz: Thank you, Mr. Chairman -- Chairman Gonzalez: All right. Mr. Ruiz: -- members of the Board. PZ.14 06-00829Iu ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 399 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City ofMiami Page 118 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 06-008291u - PAB Fact Sheet.pdf 06-008291u - Analysis.pdf 06-008291u - Concurrency Report.pdf 06-008291u - Comp Plan Map.pdf 06-008291u - Zoning Map.pdf 06-008291u - Aerial Photo.pdf 06-008291u - PAB Legislation.pdf 06-008291u - PAB Application Documents.pdf 06-008291u PAB Reso.PDF 06-008291u CC School Impact Review Analysis.pdf 06-008291u CC Application & Supporting Docs.pdf 06-008291u CC Legislation (Version 2).pdf 06-008291u & 06-00829zc Exhibit A.pdf 06-008291u CC FR Fact Sheet 01-25-07.pdf 06-008291u CC FR Fact Sheet 02-22-07.pdf 06-008291u CC FR Fact Sheet 03-22-07.pdf LOCATION: Approximately 399 NE 82nd Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Katia Traikos, Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 21, 2006 by a vote of 7-0. See companion File ID 06-00829zc. PURPOSE: This will change the above property to Medium -Density Multifamily Residential. CONTINUED Note for the Record: Item PZ.14 was continued to the Planning & Zoning meeting currently scheduled for March 22, 2007. PZ.15 06-00829zc ORDINANCE First 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, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 399 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 119 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 06-00829zc Analysis.pdf 06-00829zc Zoning Map.pdf 06-00829zc Aerial Map.pdf 06-00829zc Application & Supporting Docs.pdf 06-00829zc ZB 07-10-06 Fact Sheet.pdf 06-00829zc ZB 09-11-06 Fact Sheet.pdf 06-00829zc ZB 10-16-06 Fact Sheet.pdf 06-00829zc ZB Reso.PDF 06-00829zc CC Legislation (Version 2).pdf 06-008291u & 06-00829zc Exhibit A.pdf 06-00829zc CC FR Fact Sheet 01-25-07.pdf 06-00829zc CC FR Fact Sheet 02-22-07.pdf 06-00829zc CC FR Fact Sheet 03-22-07.pdf LOCATION: Approximately 399 NE 82nd Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Katia Traikos, Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on October 16, 2006 by a vote of 5-1. See companion File ID 06-008291u. PURPOSE: This will change the above property to R-3 Multifamily Medium -Density Residential. CONTINUED Note for the Record: Item PZ.15 was continued to the Planning & Zoning meeting currently scheduled for March 22, 2007. PZ.16 06-01057zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20.1" EDGEWATER OVERLAY DISTRICT AND "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 3.0, TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT AND "SD-20.1" EDGEWATER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1756 AND 1770 NORTHEAST 4TH AVENUE, AND 1751-61-71-77 BISCAYNE BOULEVARD, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 120 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 06-01057zc Analysis.pdf 06-01057zc ZB Zoning Map.pdf 06-01057zc Aerial Map.pdf 06-01057zc Application & Supporting Docs.pdf 06-01057zc Application & Supporting Docs #2.pdf 06-01057zc ZB Fact Sheet 07-10-06.pdf 06-01057zc ZB Fact Sheet 09-11-06.pdf 06-01057zc ZB Reso.PDF 06-01057zc CC Zoning Map.pdf 06-01057zc CC Legislation (Version 2 - OLD).pdf 06-01057zc CC Legislation (Version 2 - Updated).PDF 06-01057zc CC Exhibit A.pdf 06-01057zc CC FR Fact Sheet 10-26-06.pdf 06-01057zc CC FR Fact Sheet 11-09-06.pdf 06-01057zc CC FR Fact Sheet 01-25-07.pdf 06-01057zc CC FR Fact Sheet 02-22-07.pdf 06-01057zc CC FR Fact Sheet 03-22-07.pdf LOCATION: Approximately 1756 and 1770 NE 4th Avenue, and 1751-61-71-77 Biscayne Boulevard [Commissioner Marc Sarnoff - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of V Downtown, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on September 11, 2006 by a vote of 5-1. PURPOSE: This will change the above properties to SD-6 Central Commercial -Residential District and SD-20.1 Edgewater Overlay District. CONTINUED Note for the Record: Item PZ.16 was continued to the Planning & Zoning meeting currently scheduled for March 22, 2007. PZ.17 06-01847Iu 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 3209 SOUTHWEST 23RD TERRACE AND A PORTION OF 2340 SOUTHWEST 32ND AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 121 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 06-008471u - PAB Fact Sheet.pdf 06-018471u - Analysis.pdf 06-018471u - Concurrency Report.pdf 06-018471u - Comp Plan -revised.pdf 06-018471u - Zoning Map -revised (1).pdf 06-018471u - Aerial.pdf 06-018471u - PAB Legislation.pdf 06-018471u - Application Documents.pdf 06-018471u- Exhibit A.pdf 06-018471u PAB Reso.PDF 06-018471u CC Application Supporting Docs.PDF 06-018471u CC School Impact Review Analysis.pdf 06-018471u CC Legislation (Version 2).pdf 06-018471u CC Exhibit A.pdf 06-018471u CC FR Fact Sheet 01-25-07.pdf 06-018471u CC FR Fact Sheet 02-22-07.pdf 06-018471u CC SR Fact Sheet.pdf LOCATION: Approximately 3209 SW 23rd Terrace and a Portion of 2340 SW 32nd Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of Renaissance at the Gables, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 6, 2006 by a vote of 4-2. See companion File IDs 06-018471u and 06-01847zc. PURPOSE: This will change the above properties to Restricted Commercial for the proposed One Major Use Special Permit. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Chairman Gonzalez: PZ. 17. Harold Ruck (Planner II): OK. Good afternoon, once again. Harold Ruck, from the Planning Department. This is also a companion item. This is PZ.17 for a future land use change, but there's a companion to PZ.18 for a zoning change. The proposal at approximate 3209 Southwest 23rd Terrace and a portion of 2340 Southwest 32ndAvenue is to change the future land use map to the Comprehensive Neighborhood Plan from duplex residential to residential commercial -- no, restricted commercial. The subject properties are approximately .33 acres, and located on the block bounded to the south by Southwest 23rd Terrace, to the north by 23rd Street, between Southwest 32ndAvenue to the east and 34th Avenue to the west. Surrounding the area is duplex residential to the south and west and restricted commercial to the north and east. The Planning Advisory Board recommended denial. The Planning Department also recommends denial. The requested change will represent an intrusion of commercial uses into a low -density residential neighborhood, and the land use change at this location may set a negative precedent in regard to future land use change applications. City ofMiami Page 122 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Gilberto Pastoriza: Good afternoon, Mr. Chairman, members of the Commission. Gilberto Pastoriza, 2525 Ponce De Leon, 7th Floor. I'm here today on behalf of the Elias-Carrera [sic] family, who are the owners of the Renaissance ballroom and banquet facilities located on the west side of 32ndAvenue between 23rd Street and 23rd Terrace. It is a family -owned and -operated business. The family has been in business at this location for the past seven years. They have been in business in the City ofMiami for well over 20 years. Prior to them owning this particular piece of property, this property used to be Victor's Cafe, and before Victor's Cafe, it was the Studio Restaurant. The building is old. It needs to completely be refurbished. The current layout is really not very optimal for a banquet hall facility. The Carreras came to me many months ago -- actually, years ago, and they were debating on whether to sell this property to a developer or whether to -- for themselves to redevelop the property with their business. They -- I can tell you, categorically, that they entertained several offers from developers who all had in mind to do the same thing, which was build condominiums. At the end of the day, they chose to stay here, and they chose to fry and redevelop the site. It is very important for this Commission to understand that this is not a typical development [sic] who wishes to maximize a development site, and I'll show you. This is an owner who's -- who has an ongoing and very viable business in the City ofMiami who wants to really upgrade its facilities, modernizes so that it can be competitive and provide a much -needed services to the community. Today, we're requesting a comp plan amendment and a rezoning of two lots. On the next go -around, hopefully, you would also see the approval of a Major Use Special Permit. We respectfully disagree with your staff and we do think that the proposed comp plan amendment and zoning are justifiable, and let me tell you the reasons why. It is important to understand that this is the current property. The current property has nine lots. It's got nine lots; four of the lots are already zoned C-1. If you are familiar with the Renaissance Ballroom [sic] -- I'm sure you are -- the structure sits right now in this corner, and the balance is all commercial parking. Even though the rear is zoned R-2, it has an SD-12 overlay, and that is all used for parking, so in reality right now, the use on those duplex lots is commercial parking for the restaurant. The Carreras family is only seeking the rezoning and comp planning of this two lots right here, which are right smack in the middle of their property. They're leaving the remaining three lots as R-2, and they will be developed as R-2, with R-2 buildings on them. There is already a precedent that was established back in 19 -- 2003 for the rezoning of this lot to commercial, which is in line with the two lots that we're seeking to rezone, so to the north of us, the C-1 line has been altered already, and it's in line with what we have. Remember, that we're doing all of these internally within our own property. We are really not creating an intrusion of commercial into residential because right now it is all commercial. I think that what we're doing by doing this plan is to -- bringing back the residential into the residential by leaving these three R-2 lots, which are part of our property now, as residential lots. We are not demolishing any housing. We're just taking over the parking lot. Staff in their recommendation, they talk about the creation of a domino effect. Well, I submit to you that there cannot be a domino effect here. There cannot be a domino effect going west because for a domino effect to occur, they would have to jump our R-2 lots that we're leaving R-2, so there's really no domino effect going west because the C-1 is here and the R-2 will continue to be there. There is also no domino effect going south because if you take a look at your Code, your C-1 district ends right here, ends on 23rd Terrace. Beyond that, there is no more commercial, so there is really no domino effect either going east nor going south. The property, except for the four residential R-2 lots that we're talking about, will be developed with an office, will be an office building with the banquet facility sitting on the top of the building. You are aware of all the project that recently have come along Coral Way, and most of these projects is about -- they're about 90 percent residential with some limited commercial on the ground floor. This will probably be the first office building to hit this area in a very long time. I would also like to show you what we've done as far as being sensitive to the neighborhood. We have tried to be very sensitive to the neighborhood by first trying to keep our building as low as possible, and what we've done to accomplish that is two things. We have put in underground parking, two levels of underground parking so that the building itself doesn't have any -- they have a very small component on the ground floor of parking, but 99 percent of City ofMiami Page 123 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 the parking will occur below ground, thus we're able to bring the height of the building down. We have also reduced the floor -to -floor dimension. Typically, an office building has around 14 feet floor to floor. We reduced it down to 11 foot 8 inches. We've also tried to be sensitive to our neighbors by bringing the whole building to 32nd Avenue, so -- and also stepping back the buildings -- we've stepped it back on the second level. We've stepped it back on the third level. If you take a look at this exhibit right here, this lines -- remember that this Commission, a while back, said that you needed to have a policy on how buildings transition from the commercial into the R-2s and the R-1 s. This would be the R-2s and the R-1 lines, so we're -- the building is well within the building envelope. We could have, conceivably, built taller building and -- within this whole envelope. We chose not to do that. We were also very sensitive when it came to the sides of the building. By stepping back the building -- this is along 32nd -- we stepping back the building, I think it's at the second level, and then at the ballroom level so that the biggest portion of the building occurs in the middle of the property and closest to 32ndAvenue. Finally, traffic, which is always an issue, and we realize that, and what we did to contain fraffic within our project was to build a private drive that would access the units so that the parking for the units are at the rear, and we can bring the residential units all the way to the front, and also, so that when we have our functions or the office, there's no need to go around the block because there's a private drive that circulates and does not let the fraffic penetrate the residential properties to the west, so those are some of the more salient points that we've done. We've had several meetings with the neighbors, and we -- and they liked it. They liked our design, and they liked the building. We would all be -- obviously, we'll be landscaping 32ndAvenue extensively, and we think that, in this particular block, there is -- something's got to happen. Something's got to happen, not only on our side, but hopefully, if we get this project approved and we can build our side, we can get something to happen on the east side of 32ndAvenue, which needs a little bit of work also. I would ask that you recommend or approve the rezoning and the comp plan on first reading, andl would like to reserve some time for rebuttal. I know thatHrs. Carreras wanted to say something to the Commission. She's the -- one of the owners of the Renaissance Ballrooms, and if you could allow me that for two to three minutes. Our architect is here too, Mr. Paredes, and we'll be happy to answer questions. Chairman Gonzalez: Go ahead. Rosa Maria Carreras: Good afternoon. Chairman Gonzalez: Good afternoon. Rosa Maria Carreras: My name is Rosa Maria Carreras. I'm one of the owners of the Renaissance Ballrooms on 32nd Avenue. One of the reasons that we chose to develop this instead of selling it is because we are a family -owned and -operated business. We've been in business for 35 years. We have served this community to the highest that we possibly could, and we are extremely proud of what we've done in our community. The reason we had chose to develop this and not sell it was because we wanted to stay on our property. That's why we purchased the property, but due to the issues with the deterioration of the property itself due to the issues of our taxes, the way they've gone up, and the insurance, we are really unable to keep the property going the way we would because our taxes have gone up to over $114, 000, and for the type of business that we run there, it's very difficult for us to pay our bills, to pay our employees, and to make money. Our decision to develop it, we did very conservatively, trying not to upset our neighbors, trying to keep it to where they would be happy and proud of the establishment that we were going to put; also, with the idea of giving us the opportunity to build our facility on the top floor, something that we're going to be extremely proud of and with your help, I beg you this afternoon to please give us an opportunity to show you what we can do. Thank you. Chairman Gonzalez: Thank you. City ofMiami Page 124 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Pastoriza: That concludes my presentation, sir. Chairman Gonzalez: All right. This item requires a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Yes, ma'am. Judith Sandoval: Thank you, Commissioner Gonzalez. Judy Sandoval, 2536 Southwest 25th Terrace. I was at the PAB (Planning Advisory Board) meeting, along with my colleague, Hilda Rodriguez, who is the former head of the homeowners association of Golden Pines on the east side of 32nd Avenue, representing her neighborhood, and she made it quite clear that the neighborhood is totally against this building because of its bulk. It is -- would be a huge building. They object to it. They do not want office buildings along 32nd Avenue at that point, and the attorney has said that it's a long time since there's been a commercial building. The commercial buildings are on Coral Way, and he said that they've spoken to the neighborhood. Perhaps, he's spoken to them since the PAB meeting, and I stand to be corrected, but the sentimental aspects of this family that can no longer make money on their property because it's deteriorated, well, I don't know who let it deteriorate, and times are tough. It's hard to run a business, and I feel sorry for them, but there're two entire neighborhoods of residential R-2 and R-1 houses, and they don't want building. They've defeated other mammoth condominium developments that wanted to go up on that street near this very site, and I would ask you, on behalf of the neighborhoods, to deny this application or get them to reduce it considerably in size. Thank you. Chairman Gonzalez: Thank you. Mr. Pastoriza: Very -- Chairman Gonzalez: Anyone else from the public? Mr. Pastoriza: -- quick rebuttal -- Chairman Gonzalez: Seeing none -- Mr. Pastoriza: -- Mr. Chairman. Chairman Gonzalez: -- hearing none, public -- yes, sir. RickRuiz: RickRuiz, 3150 Southwest 15 Street. I basically live, let's say, down the street. I've lived in this neighborhood for over 22 years. I don't hear a large outcry from the homeowner associa -- in fact, I'm part of the homeowner association, and we haven't discussed a big outcry. What we would like is for abandoned properties, properties that need help, like across -- like Pastoriza was saying, across the street on 32ndAvenue, that property has been like that, I don't know, all my life. I've -- Chairman Gonzalez: But it used to be -- Mr. Ruiz: Remember? It was that Swiss cafe or Swiss whatever. Chairman Gonzalez: Yeah, Swiss -- Commissioner Regalado: The Swiss Chateau. Mr. Ruiz: Right. Chairman Gonzalez: -- Chateau cafe. City ofMiami Page 125 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Ruiz: Swiss Chateau, you know. Chairman Gonzalez: I operated -- Mr. Pastoriza: No, but that's a little -- Chairman Gonzalez: -- that nightclub -- Mr. Ruiz: Right. Mr. Pastoriza: -- bit further -- Chairman Gonzalez: -- in 1990. Mr. Pastoriza: -- south. Mr. Ruiz: Right, right. I mean, I've lived here all my life, since I was -- Commissioner Regalado: But worse -- Mr. Ruiz: Right. I -- you know -- Commissioner Regalado: -- than the Swiss Chateau is the laundry -- Mr. Pastoriza: Yeah. Mr. Ruiz: Yeah. Chairman Gonzalez: Oh, yeah. Commissioner Regalado: -- that it's -- Mr. Ruiz: The laundry. Commissioner Regalado: -- encroaching -- Mr. Ruiz: Right, right. Commissioner Regalado: -- on the street. Mr. Ruiz: Right, right. Chairman Gonzalez: Right. Mr. Ruiz: There's certain things that possibly could be done with this property, but we need to be understanding of the size of this property. It's not a small piece of property, and I think that a project like this could work along with considerations of the Planning Department and other things that could be done. To think that nothing could be done but this property, probably not. Probably the best use of the property is to do something better than what it is now. Chairman Gonzalez: Right. All right. Thank you, sir. Mr. Pastoriza: Mr. Chairman, I just want to let you know that we had two meetings with the immediate neighbors, OK, July 20, '06 and January 10, '07, and Hilda Rodriguez, which is the lady that she was mentioning, attended both meetings. City ofMiami Page 126 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: All right. Mr. Pastoriza: Thank you. Chairman Gonzalez: That concludes the public hearing; bring it back to the Commission. Commissioner Regalado, it's your district. Commissioner Regalado: Thank you, Mr. Chairman. I have a question. Number one, I don't know if there are someone -- I know that Judy is from Silver Bluff but Golden Pines, other than Rick, Anisia and Hilda, I don't know if they are here. I -- my office was informed that the -- Anisia and the Golden Pines Association were in agreement with the project, so I don't know this for a fact, but the question that I have to the Zoning director, Orlando -- this morning we have a discuss -- we had a discussion about Miami 21. If we were lucky and have Miami 21 next month in 32nd Avenue and 23rd Street, what could happen there? Commissioner Spence -Jones: Not going to happen. Orlando Toledo (Senior Director, Planning, Building & Zoning): Commissioner, because of the fact of the transects, I can't really tell you that. I mean, I know for a fact that because it is C-1, it will more likely be a T5 or a T6, which would allow five stories all the way up to maybe eight to twelve stories, but it will be depending on what's applied when the study's made on that area, so I don't think I've really given you an answer. It's just that because of the study that is actually made, I can't really give you that answer. I mean, I know for a fact now that because it is C-1 on the front, I mean, it could take you to a height that the present property doesn't have. Commissioner Spence -Jones: Ana. Ana Gelabert-Sanchez (Director, Planning): I think, just to follow up on what Orlando just said, the difficulties that we're planning with the corridors and the particular site, we do have on translations to restricted commercial. It depends where it is. We can have the T6-8 that would allow for a building that might be eight stories and can go twelve by bonus. The other Ts that have gone higher than that to 24 stories, it really depends on where the location is, and the way - - what we're doing is studying the exact location, the corridor where it sits and what's abutting, so there is not -- the purpose of the new Code, the new Zoning Code was really looking at particular neighborhoods and the needs that every neighborhood has, so it's not that there's a literal translation from C-1, so at this time, it would probably be a commercial corridor, but the - - I would say -- and that would be true for everyone -- everything on the Miami 21. What we are frying to create is a transition from the commercial into the residential neighborhood through the form -based code, which is what we do not have today. Commissioner Regalado: So how many stories are we talking --? Mr. Pastoriza: We are to the top, top, top of the -- like the -- Commissioner Spence -Jones: How many? Mr. Pastoriza: A hundred and twelve feet is to here, and seventy-five feet to the wall. Ms. Burns: Excuse me. You need to be with a microphone. Mr. Pastoriza: A hundred and twelve feet is to the very, very top of all the, you know, architectural features, and to the ballroom, it's seventy-five feet, and then, obviously, you have a very high double -height ballroom. City ofMiami Page 127 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: So how --? Commissioner Regalado: So how many stories? Commissioner Spence -Jones: Yeah. Mr. Pastoriza: Six stories. Commissioner Spence -Jones: Oh. Unidentified Speaker: Seven stories. Mr. Pastoriza: Seven stories. Commissioner Regalado: Seven stories, plus the underground parking. Mr. Pastoriza: And the underground parking. Commissioner Regalado: And the building across the street? Mr. Pastoriza: It's about the same height as ours. Commissioner Regalado: No, the condominium. Mr. Pastoriza: The one north of us is about the same height. Chairman Gonzalez: I believe, the condominium -- Unidentified Speaker: The one north is about ten to -- Chairman Gonzalez: -- is taller. Unidentified Speaker: -- twelve (INAUDIBLE). Chairman Gonzalez: It's taller. Commissioner Regalado: It's taller. Mr. Pastoriza: Yeah -- Chairman Gonzalez: Yeah. Mr. Pastoriza: -- and Commissioner, Anisia Cid, that you mentioned her name, she was at both of our homeowners meeting, and I was present at the meeting, and when we left the last meeting, she was very pleased. As a matter of fact, I think Anisia was going to come with Mrs. Carrera [sic], but don't know what happened, and she couldn't attend. Ms. Sandoval: The PAB meeting, which since then, when Gloria -- Hilda objected -- Commissioner Regalado: And the -- Chairman Gonzalez: No. We need -- Commissioner Regalado: -- PAB meeting. City ofMiami Page 128 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: -- whoever's -- we need -- Commissioner Regalado: And the PA -- Chairman Gonzalez: -- whoever is speaking to speak on the record because -- Commissioner Regalado: No. I just want to know when the PAB meeting was. Mr. Pastoriza: We met after the PAB. We met before the PAB meeting, back in -- at the early stages of this project, July of 2006, and we met again January 10, 2007. I believe it was after the PAB meeting. December was PAB. Unidentified Speaker: December 6. Mr. Pastoriza: December 6 was PAB, so we met afterwards. Commissioner Regalado: Well, I will tell you, Mr. Chairman, just not to defer and defer another thing, I will move to approve on first reading, provided that, on the second reading, we have the representative of the area, and we have the plans, and we have agreement on all parties because I know that this area is very sensitive to development, especially with the high development in Coral Way. On the second reading, if we do not have all the components and all the plans, and especially, the input of the residents, and especially, the association, the past and the present director, I will move to deny this application, so -- but in order to keep the process flowing, I would, on first reading, move to approve, provided that, on the second reading, we have the representative of the residents, and I don't know -- that's a question for the City Attorney. Can my office inform the residents for the second hearing? Jorge L. Fernandez (City Attorney): No. My preference would be that you direct the Administration to, in fact, contact them and encourage them to be here, and the condition that you're attaching to passage of this ordinance on first reading, I think, should be considered as an exhorting, encouraging, because I don't know that the applicant can coerce and force anyone to come and show up and appear and testify. Commissioner Regalado: No, no, I'm not asking the applicant. I'm asking you if my office -- Mr. Fernandez: Sure. Commissioner Regalado: -- can do it -- Mr. Fernandez: No. I -- Commissioner Regalado: -- or through the notification process -- Mr. Fernandez: Yes. Commissioner Regalado: -- but not only through the notification process. I think that we should be a little more proactive because this is an important project for the neighborhood, whether it's good or bad, and we need the input of the residents, and I -- personally, I frust Judy and her report of the first, but if they are telling me that they met after the meeting and somehow, we don't have nobody from Golden Pines here, it's very strange and very uncomfortable. This is why I'm saying that we should have the people on the second reading. If we don't have their input and we cannot talk to them about this other than here, so in the second reading, we will do different. Mr. Fernandez: Well -- City ofMiami Page 129 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: Second. Mr. Fernandez: -- again, you can direct the Administration to go beyond that which is required by law, which is to advertise this as a public hearing and give notice to all the affected property owners, which I'm sure staff can testify as to whether, in fact, they have done that. If, beyond that, you would like -- and I would suggest that not your office because that will present Jennings type of issues, but if you would like to request or ask the Administration for them to do a courtesy -- Commissioner Regalado: No. We can do this through the NET (Neighborhood Enhancement Team) office. Mr. Fernandez: Oh -- but the -- you cannot direct the NET office. You can only direct your Manager, yourAdministration, and then he will then undertake whatever steps he deems appropriate to make sure -- Commissioner Regalado: I'm not directing the NET office. I'm saying that they can do it through the NET office. Mr. Fernandez: Well, I -- it's up to the Administration. I'm sure they could, but then it would be, at that point in time, whether you, on second reading, approve or deny, on the basis of competent substantial evidence that you will have on the record. It would not be on the failure of someone to show up or not show up because I would suggest to you that that's not an appropriate standard. Commissioner Regalado: Of course. I understand that. I understand that, but it -- you know, regardless of the merits of the project, the history of this Commission is to hear the residents, and this is what I really want to do. That's all that there is to it. Mr. Fernandez: You can only hear if they come. Commissioner Regalado: Exactly. That's what I'm -- Commissioner Spence -Jones: He's -- Commissioner Regalado: -- ask -- Commissioner Spence -Jones: -- encouraging that the -- Commissioner Regalado: I would -- Mr. Fernandez: That's right. Commissioner Spence -Jones: -- Adminisfration -- Commissioner Regalado: This is why I am surprised that they are not here. Mr. Fernandez: Correct, so -- Commissioner Spence -Jones: OK. Chairman Gonzalez: All right, so we have a motion to approve -- Commissioner Spence -Jones: Second. City ofMiami Page 130 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: -- in first reading, and we have a second, and it is an ordinance. Mr. City Attorney. Mr. Fernandez: Yes, number 17, on first reading. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has passed on first reading, 4/0. PZ.18 06-01847zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42, 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 "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" SPECIAL BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3209 SOUTHWEST 23RD TERRACE AND A PORTION OF 2340 SOUTHWEST 32ND AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01847zc Analysis.pdf 06-01847zc ZB Zoning Map.pdf 06-01847zc Aerial Map.pdf 06-01847zc Application & Supporting Docs.pdf 06-01847zc ZB Fact Sheet.pdf 06-01847zc ZB Reso.PDF 06-01847zc CC Zoning Map.pdf 06-01847zc CC Legislation (Version 2).pdf 06-01847zc CC Exhibit A.pdf 06-01847zc CC FR Fact Sheet 01-25-07.pdf 06-01847zc CC FR Fact Sheet 02-22-07.pdf 06-01847zc CC SR Fact Sheet.pdf LOCATION: Approximately 3209 SW 23rd Terrace and a Portion of 2340 SW 32nd Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of Renaissance at the Gables, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on November 13, 2006 by a vote of 7-0. See companion File IDs 06-018471u and 06-01847zc. City ofMiami Page 131 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed One Major Use Special Permit. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Direction by Commissioner Regalado to the Administration to notify the immediate adjacent neighbors of the upcoming second reading zoning change ordinance, and to contact the Golden Pines Neighborhood Association board of directors, through the NET (Neighborhood Enhancement Team) office, to request that they participate in the public hearing of the second reading for this ordinance. Chairman Gonzalez: PZ.18 -- Mr. Fernandez: Is companion. Chairman Gonzalez: -- is a companion. Roberto Lavernia (Chief of Land Development, Planning Department): Companion item to the previous one is the zoning change. The Planning also recommend denial, and the Zoning Board recommend denial on November 13. Thank you. Chairman Gonzalez: All right. This also requires a public hearing. Anyone from the public that wants to address the Commission -- Gilberto Pastoriza: I just want to -- Chairman Gonzalez: -- please come -- Mr. Pastoriza: -- incorporate everything that we -- Chairman Gonzalez: -- forward to -- Mr. Pastoriza: -- said into this. Chairman Gonzalez: -- be recognized. We're going to incorporate into the record the presentation that we did for PZ.17; also, the statement of the person that spoke in opposition of the item. Having said that, we need a motion. Commissioner Regalado: Move on first reading. Chairman Gonzalez: We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- on first reading, and we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Commissioner Spence -Jones, you have a question? Commissioner Spence -Jones: Yes. I just want to just make a little statement real fast agreeing with Commissioner Regalado and definitely making sure that the residents feel comfortable City ofMiami Page 132 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 about what's happening in their neighborhood and not to have someone else show up or no group show up today, you know, definitely means that the due diligence needs to happen to make sure that they're out in support, but I do want to, at least, acknowledge Renaissance Catering [sic] because I've had the opportunity to utilize their services, and they've been great corporate citizens throughout my district for anything that I've ever called or asked for before I became Commissioner, period. They've always been -- no matter what race, color, creed, you could always call and count on them, and they've been very supportive, and it's refreshing to see, for the first time, you know -- we very seldom -- not first time -- very seldom do we see families that have been in the area for 35 years deciding to take responsibility in rebuilding their neighborhoods and doing something positive within their communities, so I want to commend their family for, at least, taking that step. Mr. Pastoriza: Thank you, Commissioner. Chairman Gonzalez: All right. Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has passed on first reading, 4/0. Mr. Pastoriza: Thank you. Mr. Fernandez: Mr. Chairman, it will be appropriate now for Commissioner Regalado to specially direct the Adminisfration to do as he had suggested -- Commissioner Regalado: OK. Mr. Fernandez: -- outside the scope of the ordinances that were being formally treated. Commissioner Regalado: OK. I -- well, I respectfully request that the Adminisfration, besides the notification process or the posting of the zoning change, will communicate to the immediate adjacent neighbors of the second reading, which is -- I don't know when, and that, through the NET office, we get in touch with the Golden Pine -- Golden Pines Neighborhood Association, with the board of directors. The NET office have their names, their addresses, and explain to them that it is important that they will be here in order to participate in the public hearing for the second reading, which will be the definite hearing for this project, so that's -- I guess, don't need a motion or anything. I'm just -- Chairman Gonzalez: No. Commissioner Regalado: -- asking. PZ.19 06-01243mu 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 OMNI DEVELOPMENT PROJECT, TO BE LOCATED AT APPROXIMATELY 1501-1701 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT A SIX -BUILDING MIXED -USE DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 584 FEET TO 644 FEET TO BE COMPRISED OF APPROXIMATELY 4,208 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 350,200 SQUARE FEET OF RETAIL SPACE; AND City ofMiami Page 133 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 APPROXIMATELY 6,154 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 134 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 06-01243mu - PAB Fact Sheet.pdf 06-01243mu - PAB Analysis.pdf 06-01243mu - 3D Photo.pdf 06-01243mu - Zoning Map.pdf 06-01243mu - Aerial Photo.pdf 06-01243mu - Projects in the Vicinity.pdf 06-01243mu - Traffic Sufficiency Letter (6.29.06).pdf 06-01243mu - UDRB Resolution (6.21.06).pdf 06-01243mu - Large Scale Development Committee Sign -In Sheet (5.24.06).pdf 06-01243mu - Miami -Dade County Planning Comments (5.17.06).pdf 06-01243mu - School Board Comments (5.17.06).pdf 06-01243mu - Public Works Comments (5.4.06).pdf 06-01243mu - MDAD Planning Comments (5.3.06).pdf 06-01243mu - Solid Waste Comments (5.1.06).pdf 06-01243mu - Pre -Application Meeting Sign -In Sheet (4.4.06).pdf 06-01243mu - IDRC Comments (3.14.06).pdf 06-01243mu - PAB Legislation.pdf 06-01243mu - Exhibit A.pdf 06-01243mu - Exhibit B.pdf 06-01243mu PAB Reso.PDF 06-01243mu - Front Cover.PDF 06-01243mu - Inside Cover.PDF 06-01243mu - Table of Contents (1 to III).PDF 06-01243mu - 1 - A Letter of Intent.PDF 06-01243mu - 1 - B Major Use Special Permit Application.pdf 06-01243mu - 1 - C Zoning Write Up.PDF 06-01243mu - 1 - D Zoning Atlas.PDF 06-01243mu - 1 - E Project Data Sheet.PDF 06-01243mu - 1 - F Deed-Computer.PDF 06-01243mu - 1 - G Ownership List.PDF 06-01243mu - 1 -1 Directory of Project Principals.PDF 06-01243mu - 1 - H State of Florida Documents.PDF 06-01243mu - 1 Project Information (A to 1).PDF 06-01243mu - 11 Project Description (A Zoning Ordinance No. 11000, 1 to 4).PDF 06-01243mu - III Supporting Documents (Tab 1 to Tab 6).PDF 06-01243mu - III - Tab 1 Minority Construction Employment Plan.PDF 06-01243mu - III - Tab 2 Sufficiency Letter -Traffic Impact Analysis(Appendix A to K).PD 06-01243mu - III - Tab 2 Appendix A Methodology Correspondence.PDF 06-01243mu - III - Tab 2 Appendix B Traffic Count Data.PDF 06-01243mu - III - Tab 2 Appendix C Miami -Dade Transit Data.PDF 06-01243mu - III - Tab 2 Appendix D Existing Conditions (2006).PDF 06-01243mu - III - Tab 2 Appendix E Growth Trend Analyses.PDF 06-01243mu - III - Tab 2 Appendix F Cardinal Trip Distribution.PDF 06-01243mu - III - Tab 2 Appendix G Volume Development Worksheets.PDF 06-01243mu - III - Tab 2 Appendix H Future Conditions(2020 without Project).PDF 06-01243mu - III - Tab 2 Appendix J Driveway Queuing Analysis.PDF 06-01243mu - III - Tab 2 Appendix K Future Project Information.PDF 06-01243mu - III - Tab 3 Site Utility Study.PDF 06-01243mu - III - Tab 4 Econimic Impact Study.PDF 06-01243mu - III - Tab 5 Survey of Property.PDF 06-01243mu - III - Tab 6 Drawings Submitted.PDF 06-01243mu CC Analysis.pdf 06-01243mu CC Legislation (Version 2).pdf City ofMiami Page 135 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 06-01243mu CC Fact Sheet 11-09-06.pdf 06-01243mu CC Fact Sheet 01-25-07.pdf 06-01243mu CC Fact Sheet 02-22-07.pdf 06-01243mu CC Fact Sheet 03-22-07.pdf LOCATION: Approximately 1501-1701 Biscayne Boulevard [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Downtown Miami Mall, LLC and Downtown Miami Hotel, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* (excluding conditions 1 1 b and 11c) to City Commission on September 20, 2006 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow the development of the Omni Development project. CONTINUED A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sarnoff and was passed unanimously, with Vice Chairman Sanchez absent, to continue item PZ.19 to the City Commission meeting currently scheduled for March 22, 2007. Chairman Gonzalez: All right. Gilberto Pastoriza: Thank you. Chairman Gonzalez: We continue with PZ.19. Commissioner Spence -Jones: Mr. Chairman, I'm going to ask that we also defer this item. I am the chairperson for the CRA (Community Redevelopment Agency) for this particular project, and I just have some concerns and some things that I'd like to have addressed. Mr. -- excuse me. Commissioner Sarnoff, I know that this is within your district, butt would like to, at least, make sure that I have your support on that, butt would ask, Mr. Chairman, if we can please defer this item until the next meeting? Commissioner Sarnoff I have no objection. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: All right. We also have -- Lucia Dougherty: Madam -- Chairman Gonzalez: -- a motion. Ms. Dougherty: -- Commissioner, would you --? Because we can't talk to you otherwise, would it make sense for us to make a presentation even if you defer it? Commissioner Spence -Jones: No. I would rather us wait on the presentation, and I will make sure -- because it's been communicated to me by the City Attorney -- that we will communicate to the City Manager what the issues and concerns are, and then you will communicate to -- City ofMiami Page 136 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Jorge L. Fernandez (City Attorney): Well, no. The -- it's also improper to use any of us as conduits for -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- purposes of communication. Commissioner Spence -Jones: OK, so how --? Mr. Fernandez: If you have any concerns from what it's been included in the packet, the appropriate way to do that is to, at a public hearing, communicate that. Commissioner Spence -Jones: Right. I'm asking that we defer the item. Is that a problem? Mr. Fernandez: Which -- certainly, and that's very appropriate for you to further consider what's contained in the packet. Commissioner Spence -Jones: Thank you very much. Chairman Gonzalez: All right, so we have a motion to defer PZ. 19. Unidentified Speaker: To what date? Chairman Gonzalez: Is there a second? To March 22? Ms. Dougherty: Yeah, to which? Commissioner Spence -Jones: That would be the next meeting. Chairman Gonzalez: To the next meeting? Commissioner Spence -Jones: Yeah. Chairman Gonzalez: March 22. Commissioner Sarnoff I'll second. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Item has been deferred to March 22. Ms. Dougherty: Thanks very much. PZ.20 06-00620v 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, SECTION 2502, REQUIRING YARDS ADJACENT TO STREETS TO BE THREE -FOURTHS (3/4) OF THE FRONT YARD DEPTH REQUIREMENT, REQUIRED 7'6", PROPOSED 3'11", VARIANCE City ofMiami Page 137 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 REQUESTED 3'7", FOR THE PROPERTY LOCATED AT APPROXIMATELY 4899 SOUTHWEST 8TH STREET, MIAMI, FLORIDA. 06-00620v Analysis.pdf 06-00620v Zoning Map.pdf 06-00620v Aerial Map.pdf 06-00620v Letter of Intent.pdf 06-00620v Application & Supporting Docs.pdf 06-00620v Plans.pdf 06-00620v ZB Fact Sheet.pdf 06-00620v ZB Reso.PDF 06-00620v Appeal Letter.PDF 06-00620v CC Legislation (Version 3).pdf 06-00620v CC Exhibit A.pdf 06-00620v CC Legislation (Version 4).pdf 06-00620v CC Exhibit A.pdf 06-00620v CC Fact Sheet.pdf 06-00620v Submittal.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-07-0109 Chairman Gonzalez: All right. Commissioner Spence -Jones: PZ.20. Lourdes Slazyk (Zoning Administrator): PZ.20. Chairman Gonzalez: Now PZ. 20. Ms. Slazyk: PZ. 20 is an appeal of a variance. This was a variance for the property located at 4899 Southwest 8th Street. The request was for a setback variance from seven feet, six inches required to a proposal of three feet, eleven inches. The variance request was for three feet, seven inches. The Planning Department recommended denial of the variance. The Zoning Board also denied the variance on November 13, 2006. The recommendation of denial is based on the fact that there is no hardship for this variance, and this is an appeal, so the appellant will present, and if you have any questions of staff I'll be here. Commissioner Regalado: OK. The Chairman has to go to his office, and I will be chairing, so we'll start the public hearing. Counsel. Santiago Echemendia: Good afternoon, Mr. Chair. Santiago Echemendia, 1441 Brickell Avenue, on behalf of the applicant. I'm accompanied by my colleague, Suzanne Beni, by the architect, Irving Regalado, and by the property manager, Joel Benes. This is the proposed -- it's a conceptual of the front elevation of the site. Commissioner Regalado: Just for the record, the architect is not family. Mr. Echemendia: No relation to you, Commissioner. Commissioner Regalado: OK. City ofMiami Page 138 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Echemendia: This is a view -- Commissioner Regalado: Not that I don't want to. I just -- Mr. Echemendia: Fair enough. Commissioner Regalado: -- want to -- Mr. Echemendia: This is a conceptual rendering of the view from the north, that is, from Roma Bakery looking south. This is the south elevation from Southwest 8th Street. This is the shopping center that's located on 8th Street and between 48th and 49th Avenue. What we're requesting is basically a three-foot, seven-inch variance, and it relates to -- I think this is what best graphically depicts what we're talking about. The sidewalk is the green line. That's the existing sidewalk. The PL existing building line, you have the little -- the wall that's right there on 8th Street after the sidewalk, then you have -- the proposed building line is at three -nine, and so the setback is basically that difference, that little sliver, the second floor and the column, the difference between the three -eleven and the seven foot setback. This aerially shows what we're talking about. It's that little corner parcel that had always been depicted on the original site plan or survey when the existing property owner bought it as a proposed out parcel. We will be displacing, as you can see from that, approximately 12 cars, but at the end of the day, there's actually a net gain of eight spaces, and I'll walk you through that math. This is the wall that we're talking about. That wall doesn't change. This is a setback that is just behind that wall -- or the building would be behind that wall, so the variance is minimal. It doesn't extend beyond the already -existing wall. The property line remains where it is, and the hardship is driven by the existing constraints on the site relative to the parking requirements and the existing structures. We believe that the proposal is a reasonable economic use. As I mentioned, there is - - well, I didn't mention this, but it's an important point. There is currently parking already built into the setback, which is maybe about six of those parking spaces that we are removing. The area where the setback is being requested, technically, would only be the three columns at the ground level. The open space underneath would be used for the drive -through facility. Again, this is really what we're talking about is that column and the second floor and those 3.7 feet. A little history of the shopping plaza. When our client bought it in 2004, they actually renovated the facades, as well as re -striped the parking lot. As a result of the re -striping of the parking lot, they gained a number of parking spaces. The original number is 152 parking spaces. After the remodeling, we had 171 parking spaces, for an addition of 19 spaces. After the completion of the bank, we actually were able to add another four spaces. The bank requirements are 16; the difference leaves you with 159 spaces, which is still a net gain of 7 spaces, relative to what was originally there. There are two other issues that I wanted to bring to your attention, though they're not before you, because what's before you is this really de minimis variance. Wanted to tell you a little bit about the pedestrian walkway and access in the back. It is not a vehicular access. It is a gated pedestrian walkway on the north side of the property. There was, at one point in time, vehicular access a little bit westerly of that current pedestrian access on 7th Street. Our client closed that access and left this -- the current pedestrian access open at the request of the local residents who live in that area and wanted to access the Sedano's without having to go all the way to 49th Avenue and circle back to come onto the site. Currently, we are locking that gate in the evening when the Sedano's closes, at approximately 10 in the evening. This is the gate that I'm talking about. It is -- as you can see, there is a lock at this gate. It is a four foot gate. It is not -- doesn't allow for vehicular access. An issue was raised regarding, apparently, there's been some loitering -- some folks that go to the CVS (Consumer Value Stores), buy alcohol, and then go and they loiter in the back. We're hopeful that we can prevent that, vis-a-vis, the gate, but we truly believe, Commissioner, that that -- that's really a Code Enforcement issue; that they can call Code Enforcement and/or the police in terms of -- Commissioner Regalado: Well -- City ofMiami Page 139 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Echemendia: -- the vagrants, but -- Commissioner Regalado: -- but let me tell you something. I have -- as you very well know, I have been personally there many, many, many times because of the issue of the tractor trailers blocking the two houses right at -- in front of the Sedano's east part. It is very difficult to get the police, although the police commander realized it that we had a serious issue. I mean, we're talking like people with guns fighting with the fruck drivers, and every morning, at least four or five tickets were issued by the City ofMiami Police Department. What we cannot hope and expect is that we have a permanent detail of police officer deployed over there, but -- I know the residents over there. I know them very well, and the problem -- I mean, no one talks about this three feet variance. The problem is that entrance to the shopping center. You say that it's closed; that might be the case. I have not been there at 10 p.m. It may be closed. The problem is the homeless and the people that sit next to the wall and harass some of the neighbors. I mean, you know about that. There were some -- Mr. Echemendia: Do you want --? Maybe Joel can address that a little bit, since he's there on site. He's actually the culprit there with the dark shades in the picture, so maybe he can tell you a little bit about how it works, when they close it, and maybe we can come a little closer to addressing your concern. Joel Benes: Hi, Commissioner. Right now -- Mr. Echemendia: Need your name and address -- Mr. Benes: Oh, excuse me. Mr. Echemendia: -- for the record. Mr. Benes: Joel Benes, 7785 Northwest 146 Street, Miami Lakes 33016. Right now, the Sedano's -- you know, with all the problems -- in speaking to your staff and to Sergeant Sigler, to the NET (Neighborhood Enhancement Team) office, we -- the Sedano's manager right now, when he locks the front door to that store, he walks over here and locks that gate on a nightly basis, at 10 o'clock, when they close the store. You know, maybe we can close it at 9 o'clock, if that would help in restricting the people that -- you know, it's a loitering problem. It's a social problem that we have in the City, and you know, we combat it all the time. We have signs posted throughout the property, "no loitering, no soliciting." You know, we can only do so much. Commissioner Regalado: No. I know, and this is -- you know, we cannot put the brunt -- Mr. Benes: Right. Commissioner Regalado: -- of this issue on the Police Department because we -- as we are, we do not have -- we don't have police officers, so we cannot expect that call the police. The police won't show up for 45 to 60 minutes or maybe 3 hours because they have like a list of 60 calls that they -- Mr. Benes: No. We understand that, and we understand that, you know -- Commissioner Regalado: And you know Officer Sigler, and he's been out there. Mr. Benes: We've worked with -- we've worked hard with him in resolving other problems that existed -- that you mentioned with the receiving. Sedano's has reworked their receiving dock to a 45-degree angle to get the (rucks out of the middle of the street because it was a problem, but the center has been there for a long time, and it was a problem. You brought it to our attention, City ofMiami Page 140 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 and we resolved that part of the problem to the best of our ability; that's number one. Number two is we understand -- we think we understand where our problem's coming from. The coin laundry that we have in the property is open 24 hours. It's wide open; there's no storefront on the place. Those kind of people are hanging out there. I can't do anything with the guy today. His lease expires within the next 12 months. I can guarantee you that that lease is not going to be renewed, and he's already been advised of that, and we're going to go in, remodel it, and create a cleaner retail use. Commissioner Regalado: No -- and you know, it's your property, and I have to -- first of all, I have to thank you for -- because you guys resolved the problem that could have been in a -- resulted in a very serious situation, as you know. I mean -- Mr. Benes: I agree. Commissioner Regalado: -- people were really upset in that area, but the problem is that, during the day, we have these complaints of people crossing on that open gate, so I don't know, you know, whether -- and if you allow us -- Maria J. Chiaro (Assistant City Attorney): Mr. Chairman. Pamela E. Burns (Assistant City Clerk): Excuse me. Ms. Chiaro: Mr. Chairman. Commissioner Regalado: -- we are willing to survey -- to poll the people there in the area -- Ms. Chiaro: Mr. Chairman, you have lost -- Commissioner Regalado: -- and if the people really -- Ms. Chiaro: -- a quorum. Commissioner Regalado: Huh? Ms. Chiaro: You've lost your quorum. Commissioner Regalado: Oh, OK. Well, just for -- Mr. Echemendia: Discussion purposes. Commissioner Regalado: -- discussion purposes. If we poll the people in the area, we can understand if there's really a need to have that opening at all. I understand that people do use the opening to bring their bags from Sedano's and the pharmacy and all that, and probably, they use it because they don't want to go around 49th and -- Mr. Echemendia: Or 48th. Commissioner Regalado: -- or 48th Court, but seems to be an issue with some of the people. Mr. Echemendia: Commissioner, two points. The good news is that the dry -- the laundry lease, the coin laundry lease, which we think is where most of these folks are coming from, their lease is expiring -- Commissioner Regalado: Oh, we know. City ofMiami Page 141 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Echemendia: -- and it's not going to be renewed. Commissioner Regalado: We know. Mr. Echemendia: The only difficulty that we have with this issue is that -- and first, I want to confirm that Joel is closing it. He's -- at least, he's telling and he's testifying under oath that he locks it when -- Commissioner Regalado: No. Mr. Echemendia: -- Sedano's closes at 10, but we're kind of getting conflicting signals from some residents who like access -- Commissioner Regalado: That's -- yeah. Mr. Echemendia: -- through the shopping center -- Commissioner Regalado: That's what I'm saying. Mr. Echemendia: -- and so, can we -- do you mind --? You know, we've been forthcoming in resolving the loading and unloading issue that you brought to our attention as a separate matter that had reached -- Commissioner Regalado: I know that. Mr. Echemendia: -- a critical -- Commissioner Regalado: I know that. Mr. Echemendia: -- stage. Would you take our good faith in addressing this issue separate from the variance that's in front of you? Commissioner Regalado: Oh, yeah, yeah. I just mentioned this because this is the issue -- Mr. Echemendia: Understood. Commissioner Regalado: -- of the resident, not the variance. Mr. Echemendia: Understood. Commissioner Regalado: It's -- the issue is the situation that we have because of this opening. Mr. Echemendia: We understand that. They're not happy about it. We will deal with it in good faith. I promise you. I think you've seen that we've delivered on the loading and unloading, and Commissioner Regalado: Yes, you have, and we thank you. Mr. Echemendia: Thank you, Commissioner. Commissioner Regalado: I mean -- and you know, just, Madam City Attorney, as small talk, this -- see, let me tell you something. This is a similar case of what we had and have at Home Depot in Southwest 8th Street. You see, when (rucks need to unload, they park on the residential street, and the engine is idling all the time, and they have lunch and dinner, or probably, breakfast, and they throw away all the trash, and they -- when they fry to unload, they block 30th Avenue, and City ofMiami Page 142 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 this was the case with Sedano's. There is -- it was an extreme hardship for two residents, but especially one, that couldn't get their car out to go to work because of the tractor trailers blocking the street, which is like illegal, and so the police cited them many, many, many times, and the Sedano's used to pay the fine, butt guess they said no longer, and so they work out this situation. They did spend money, and they did met with the residents, and they did resolve the issue, so I think it's something that you have to be commended for. I mean, because the Home Depot doesn't want to resolve the issue. They keep blocking the streets and parking on residentials [sic], and this is why I was talking about this issue, so I don't know. It's -- I think that we do need to understand what the residents really want or what price are they willing to pay. Mr. Benes: Can I interject something? By definition, we are a neighborhood shopping center. To us, as owners and managers, a neighborhood shopping center, you have to be a good neighbor. If you're not -- Commissioner Regalado: Oh, you are. Mr. Benes: -- a good neighbor, you got a problem. Commissioner Regalado: No, you are. Mr. Benes: They'll boycott you; they'd do this. We want to maximize all the retailers that we have in our center to sell more, and the only way to do that is to be friendly. Commissioner Regalado: That is maybe -- Mr. Echemendia: Commissioner, I don't know where to go. There isn't a quorum just yet. I guess we're waiting for one. Ms. Chiaro: You need to stop discussing -- Mr. Echemendia: Yeah. Ms. Chiaro: -- anything related -- Mr. Echemendia: Absolutely. Ms. Chiaro: -- to this application. Commissioner Regalado: Huh? Excuse me? Ms. Chiaro: You need to stop discussing anything related to the application without a quorum. [Later..] Commissioner Regalado: OK. We have a quorum. Thank you. Commissioner Spence -Jones: I apologize. I had -- Commissioner Regalado: No. Commissioner Spence -Jones: -- a slight emergency. Commissioner Regalado: No, no. I mean, we were enjoying here talking about Home Depot, so City ofMiami Page 143 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: Oh, OK. Commissioner Regalado: -- anyways, I -- you know, I would -- I brought this issue of the opening and the gate because it is an issue that is the hot issue with the residents of Southwest 7th Street and 48th Court and 49th Avenue. That is -- other than that, I -- the only concern are the losses of parking spaces for this -- I mean, if we can come up or you can -- guys can come up with the same or a little more parking, also fine. I don't have a problem in granting the -- moving of granting the appeal. Commissioner Sarnoff OK, so let's call it to a vote. All those in favor of -- Commissioner Regalado: I have to make a motion, Mr. Chairman. Commissioner Sarnoff I'm sorry. There was no motion. Commissioner Regalado: I'll make a motion to grant the appeal, provided that you will come back to the Commission really because it's important that all the members of the Commission understand the issues affecting the different areas and shopping centers and all that, and I think it's important if you report back to the Commission regarding the poll of the residents and the need to close or open that gate that is a corridor between commercial and residential, so -- Mr. Echemendia: It would be, Madam City Attorney, with a condition that we come back with a status update in six months relative to the gate in the back. It's a -- Ms. Chiaro: It -- Mr. Echemendia: -- variance, so you can attach a condition to it. Ms. Chiaro: -- but that condition is unrelated to the variance itself. Mr. Echemendia: We will -- Commissioner Regalado: Yes. Mr. Echemendia: -- voluntarily proffer it. Ms. Chiaro: If it's voluntarily agreed that the report will be made to the City Commission, then I don't have a problem -- Mr. Echemendia: Thank you. Ms. Chiaro: -- with the language as attached to the proposed motion. Commissioner Regalado: OK, so I made a motion. Commissioner Sarnoff Do we have a second? Commissioner Spence -Jones: Second. Commissioner Sarnoff OK. All in favor -- do we have to --? This is just a resolution, right? Commissioner Regalado: Yeah, it's -- Commissioner Sarnoff All in favor, say "aye." City ofMiami Page 144 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 The Commission (Collectively): Aye. Commissioner Sarnoff There you go. Mr. Echemendia: Thank you very much, Commissioner. Appreciate it. Commissioner Regalado: OK. Thank you. Mr. Benes: Thank you. PZ.21 06-01640x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES OF C-1 RESTRICTED COMMERCIAL (15), TO ALLOW SALES OF USED AUTOMOBILES, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2220 NORTHEAST 2ND AVENUE AND 180 AND 186 NORTHEAST 23RD STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 06-01640x Analysis.pdf 06-01640x Zoning Map.pdf 06-01640xAerial Map.pdf 06-01640x Application & Supporting Docs.pdf 06-01640x Plans.pdf 06-01640x ZB Fact Sheet.pdf 06-01640x ZB Reso.PDF 06-01640x Appeal Letter.PDF 06-01640x CC Legislation (Verison 3).PDF 06-01640x Exhibit A.pdf 06-01640x CC Legislation (Verison 4).PDF 06-01640x Exhibit A.pdf 06-01640x CC Fact Sheet 01-25-07.pdf 06-01640x CC Fact Sheet 02-22-07.pdf 06-01640x Submittal Photos.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-07-0110 Commissioner Regalado: We have PZ.21. PZ.21 and PZ.22, they're separate items, but I just mentioned that these are the last two items in the PZ (Planning & Zoning) agenda because we did defer PZ. 23, right? City ofMiami Page 145 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: Yes, sir. Commissioner Regalado: OK. PZ.21. Go ahead. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.21 is an appeal of the Zoning Board decision of a special exception. The Planning Department recommend approval of the appeal and approval with condition of the special exception. The Zoning Board denied the special exception on October 30, 2006. Thank you. Lilliana Murillo: Good evening. My name is Lilliana Murillo, on behalf of the owner -- Commissioner Regalado: Could you -- Ms. Murillo: -- Christopher. Commissioner Regalado: -- get close to the microphone, please? Ms. Murillo: OK Commissioner Regalado: Thank you. Ms. Murillo: 650 North Shore Drive. I'm here to appeal the decision of the Zoning Board regarding to -- we asking for, in this property, to allow sales of used cars. Actually, the property is in zoning C-1/C-2, which is resident -- restricted commercial and liberal commercial. It's this whole property, and the issue -- this is backwards. OK, it's this one, C-1 and C-2. Actually, this is the car dealer, and then we just asking for allow us to sell used cars. It was denied because some of the neighborhood came and they was concerned about the -- a lot of congestion in the area, so I brought this because the adjacent property was rented by a tow truck, and then, at that time, there was a lot of congestion; they parking on side on the street and back and forward, but now they move few months ago, and now there is a furniture store right now. They are doing the construction right now, so I just bring those issue up because the congestion is -- it had been there for -- there is a sports car at the end of each street, and it's no way to go all the way to the traffic because this is the Red Road, so there is a lot of traffic going on because of those properties. Commissioner Sarnoff Could you bring that a little closer, just so we can --? I can't see it from there. Ms. Murillo: I had some -- the neighbors on -- then I brought some -- also photograph from the 23rd Street and 22nd Street, which you see at the end of what I'm talking about, those properties, is the congestion. There is a lot of trucks downloaded cars over there for import and export, and there is also another company, marble company and shoe company, import and export also, so it is always trucks at the end of the two roads, and this property is -- the property is three -- thirty - - almost 33,000 square footage. It's fenced. It's -- you need to keep the cars within the fence in order to comply with the insurance policy, so one of the issue to deny also, it was -- one of the members thought that this -- just this little piece, it was for parking the cars. He look at it at the whole site, which is like a "T", and it's just a huge property that they can park many, many cars. Commissioner Sarnoff Are you the same owners that -- have you owned this for a long period of time or new operators, or --? Ms. Murillo: The owner is -- rent the property for the car dealers, so they have been just operating few months, like a year almost. City ofMiami Page 146 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Sarnoff For a few months? Ms. Murillo: Yes. Commissioner Sarnoff Let me -- Ms. Murillo: This is just a special exception that we -- Commissioner Sarnoff Right. Ms. Murillo: -- asking for. Commissioner Sarnoff Let me proffer a motion to approve the special exceptions with the following conditions -- and they may have already been listed by the staff -- that this facility have no use of flags, no employee parking onsite, no test driving in the neighborhood; the hours of operation must cease by 8 p.m., a limitation on noise, and let's see if we can bring this back in one year, and I'm going to ask you to do some landscaping, submit a landscaping plan that will buffer the neighborhood. Ms. Murillo: Yes. You can always -- we already take out the flags, also the color is changing, so yes, and we going to do the landscape, yes. Commissioner Sarnoff OK. Ms. Murillo: It's OK Commissioner Sarnoff It was a good presentation. Ms. Murillo: Thank you. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion to -- Commissioner Regalado: Second. Chairman Gonzalez: -- grant the appeal, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PZ.22 05-00076x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.7.2, REDUCTION IN PARKING REQUIREMENTS FOR HOUSING FOR LOW INCOME FAMILIES AND INDIVIDUALS, TO ALLOW A 28.29% PARKING REDUCTION AS FOLLOWS: TO WAIVE 71 OF THE REQUIRED 251 PARKING SPACES, PROPOSED 180 PARKING SPACES, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5600 City ofMiami Page 147 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 NORTHEAST 4TH AVENUE AND 368 NORTHEAST 57TH STREET, MIAMI, FLORIDA. 05-00076x ZB Analysis.pdf 05-00076x Zoning Map.pdf 05-00076xAerial Map.pdf 05-00076x Application & Supporting Docs.pdf 05-00076x ZB Fact Sheet.pdf 05-00076x ZB Reso.PDF 05-00076x Appeal Letter.PDF 05-00076x CC Analysis.PDF 05-00076x ZB Zoning Write Up.pdf 05-00076x CC Zoning Write Up.pdf 05-00076x Plans.pdf 05-00076x CC Legislation (Version 3).pdf 05-00076x CC Exhibit A.pdf 05-00076x CC Legislation (Version 4).pdf 05-00076x CC Fact Sheet 01-25-07.pdf 05-00076x CC Fact Sheet 02-22-07.pdf 05-00076x Submittal Letter.pdf 05-00076x CC Fact Sheet 03-22-07.pdf LOCATION: Approximately 5600 NE 4th Avenue and 368 NE 57th Street [Commissioner Michelle Spence -Jones - District 5] APPELLANT(S)/APPLICANT(S): Tony Recio, Esquire, on behalf of Pinnacle Place, Ltd., Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the Special Exception. ZONING BOARD: Denied the Special Exception on November 13, 2006 by a vote of 5-0. PURPOSE: The approval of this appeal will allow a reduction in parking requirements for housing for low-income families and individuals. CONTINUED A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to continue item PZ.22 to the City Commission meeting currently scheduled for March 22, 2007. Chairman Gonzalez: PZ. 22nd [sic] is also an appeal, and it is to reduce -- reduction in parking requirements for a housing for low-income families indviduals. All right. Mr. Lavernia. Roberto Lavernia (Chief of Land Development, Planning Department): Yes. This item, Planning recommend denial and is recommending denial of the appeal of the special exception. It's a reduction of parking from 251 required. They are proposing 180 parking spaces, so it's a difference of 71 parking spaces. Zoning Board deny the special exception on November 13. Thank you. Chairman Gonzalez: Yes, sir. Tony Recio: Good evening, Mr. Chair, members of the Commission. For the record, my name is City ofMiami Page 148 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Tony Recio, with law offices at 2525 Ponce [sic] Boulevard, in Coral Gables. I'm here representing Pinnacle Housing Group, which is a subsidiary of -- with its subsidiary, Pinnacle Place LTD, which is the owner of the property. I'm here with my cocounsel, Jeff Cazeau, and Mr. Gilberto Pastoriza, as well as Mr. Mitchell Friedman from Pinnacle Housing. We appreciate you addressing this appeal, and I will do my best to get us out before nighttime. Commissioner Spence -Jones: Can I -- Mr. Chairman, if -- Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: -- you don't mind? I mean, because I don't want us to have to go through the whole -- Mr. Recio: Certainly. Commissioner Spence -Jones: -- thing right now. My only issues on this particular project was, of course, the issue of finding alternative parking. I understand that you guys have won the tax credits, correct? Mr. Recio: That is correct. Commissioner Spence -Jones: OK. We all, sitting on this dais, understand how important it is for all of us to have low-income rentals in our district, so to win tax credits and not be able to move on it is crazy or insane, so we all support that 100 percent. My only question and concern is, you know, when we reduce the number of parking, that means all of the houses that are on the sides or behind it -- not necessarily on the sides because, to my understanding, on the sides is really more warehouses anyway on the sides of these properties, so it's not like, in the evening time, that these businesses or individuals will be affected by it solely, but it's the residents that are behind it, I feel there's going to definitely be some overflow into where they live, so really, only thing that I'd like to do is defer -- really defer the item; have you bring it back the end of March, at the next meeting, and bring back to us an alternative parking plan. There's more than enough space in the area that, perhaps, you can work out, you know, some sort of agreement with local businesses or the warehouses. Some of those warehouses are not even operating at this point. If we can come up with some sort of alternative for parking for the people in this space that -- I mean -- excuse me -- that live around the space, that would be greatly appreciated. It's very hard for me to turn away affordable housing. I don't care what it is. I mean, especially when I know I need it, and especially when I know that it's low-income rentals, so I need to know from you, is it possible for you to come back in -- with, hopefully, an alternative plan for parking for us to reconsider the item? Mr. Recio: We could certainly take a look at -- readdress those issues that you brought up. My one point, I guess, is -- this provision in the Zoning Board, 917.6, there's actually -- has a provision in it where if there is overflow parking, the -- upon the NET (Neighborhood Enhancement Team) Administrator's report, basically, it goes back to the Zoning Board, and they can require us to build the additional levels. We're talking about two levels of parking. It's been designed to structurally handle those additional two levels once it gets built, and we would have to add them at that point upon -- Chairman Gonzalez: So can -- I can understand, you're building a parking structure separate to the building? Mr. Recio: Yes. Commissioner Spence -Jones: Yes. It's attached to it. City ofMiami Page 149 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Recio: It's a separate parking structure -- Chairman Gonzalez: Then, you know -- Mr. Recio: -- and we could add the levels going up. Chairman Gonzalez: -- if they don't meet the parking requirement, then you force them to build another floor. Mr. Recio: Another two levels. Commissioner Spence -Jones: Yeah. Mr. Recio: That's already in the Code. Commissioner Spence -Jones: Right. My -- but, again -- because I don't want the building to get built, and then it'll take time to -- you know, four years, five years, six years, seven years, you know. I may not even be here then, so I don't want to have a situation where it is going to begin to affect the neighborhood residents because you've already built a building without the parking lots and not having that as a consideration, so I'm asking for you to, at least, come back with an alternative plan. Now, if you come back to me and you come back to the Commission and you say you've tried everything and you can't get anyone to lease, you know, you the space, or whatever the case may be, then we can reconsider it, but at this point, for me, you know -- first of all, know that I don't want to turn away affordable housing. I'm going to give you the opportunity to speak. I'm actually deferring the item right now to the next meeting, but the point is, I really, really want to make sure that folks are not affected, one way or the other, by a big building like this coming to the community and not having enough parking for the area, so I don't have a problem with you making a statement on the record, but just know that I'm asking for this item to be deferred until March, butt will, at least, allot you the opportunity. Marlene Schimmel: Thank you. I appreciate it. Commissioner Spence -Jones: No problem. Ms. Schimmel: My name is Marlene Schimmel, and I own the warehouses that you were talking about -- Commissioner Spence -Jones: OK. Ms. Schimmel: -- but I come to you with a petition from all my neighbors on the street -- Commissioner Spence -Jones: OK. Ms. Schimmel: -- because they are single-family houses with people working very hard. They're new immigrants -- Commissioner Spence -Jones: OK. Ms. Schimmel: -- and my neighbors, most of them don't speak English. Those that do speak English don't speak it well and were afraid to come. Commissioner Spence -Jones: Yes. Ms. Schimmel: My neighbor -- I'm going to pass you the petitions that I have here. City ofMiami Page 150 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: OK. Ms. Schimmel: My first neighbor, Miguel Simisterra -- Commissioner Spence -Jones: OK. Ms. Schimmel: -- is a fruck driver who takes a container from the Port ofMiami and is right now in Clearwater. Commissioner Spence -Jones: OK. Ms. Schimmel: Otherwise, he was going to come with me -- Commissioner Spence -Jones: OK. Ms. Schimmel: -- and I'm here to plead, on behalf of all my neighbors -- Commissioner Spence -Jones: OK. Ms. Schimmel: -- and myself because we have a very narrow street, to please not allow a reduction in the parking. Commissioner Spence -Jones: OK. Ms. Schimmel: These are families. They have -- you know, they're working their way up in the United States. They have one car. As they make more money, they have another car. It's a narrow street, and as I said before, these are single-family houses, good people. Commissioner Spence -Jones: Yes. Ms. Schimmel: Miguel's son is in the Armed Forces; his daughter -- Commissioner Spence -Jones: Right. Ms. Schimmel: -- who's graduating high school -- I just asked Monica -- she told me she's joining the Air Force next year. Commissioner Spence -Jones: OK. Ms. Schimmel: It's good, healthy families. I beg you not to change the character of their street. Commissioner Spence -Jones: OK. Can I ask, have you guys, at all, sat down with -- have you -- have they -- Mr. Recio: No. Commissioner Spence -Jones: -- sat down with you, at all, regarding this project? Mr. Recio: No, no. Commissioner Spence -Jones: OK, so two things you're going to do. You're going to make sure you connect with the folks that are in the neighborhood to make sure that they're comfortable with whatever the solution's going to be. Thank you, ma'am, and then also, you're going to try to, at least, identify another positive solution to parking. Again, and for me, you know, if it was not affordable housing or low-income rentals, I would be saying something totally different. City ofMiami Page 151 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Because it is and I have a huge, big need in Little Haiti with not having enough low-income rentals in my district, it's really important that don't lose them, and I don't know how much you guys actually won in tax credits this year for this project. Could you, at least, put that on the record? Mr. Recio: In terms of the dollar amount? Commissioner Spence -Jones: Yeah, for this project. Mr. Recio: That was one -- it will finance the development that you see right here. Commissioner Spence -Jones: How much from the tax credit did you --? Mr. Recio: In excess of $15 million -- Commissioner Spence -Jones: OK -- Mr. Recio: -- to construct this. Commissioner Spence -Jones: -- so I just want you -- I want everybody to understand when -- you know, when you make a decision like this, when you win 15 million -- which is a very competitive process -- when you win $15 million from the State to do a project for low-income rentals, which is a big need in my district, I have to be sensitive to those issues, and the rents will begin around how much, so that I'm clear on those? Mr. Recio: It's -- ranges between 320 -- 345 for a one -bedroom up to 872 for a three -bedroom. Commissioner Spence -Jones: So it is very -- Mr. Recio: It's in that range. Commissioner Spence -Jones: -- it's very difficult to not make a decision that -- after you've -- Chairman Gonzalez: And if -- Commissioner Spence -Jones: -- won that, so -- but I'm asking that you be sensitive to the residents so that it does not cause, you know, any issues for them from -- or burdens on them on the streets. Chairman Gonzalez: If you allow me, it is -- you know, each day it's more and more important these type of projects because let me tell you what is going to happen. The proposal in Tallahassee is to give a tax relief to people with homestead. They're talking about people with homestead, they won't pay any taxes. Commissioner Spence -Jones: I know. Chairman Gonzalez: They're going to increment the sales tax, but people with commercial property, they're going to continue to increase their taxes, and those are the people that rent, and eventually, you know what is going to happen? People can't afford to pay the rents that are being paid in the City ofMiami today, especially the working class -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- and the low- and middle-class people, OK, (UNINTELLIGIBLE) people. What is going to happen is that you're going to see a lot of these building being converted into City ofMiami Page 152 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 condos, and people with low income and medium income and workforce won't find a place to rent an apartment in the City ofMiami, unless, in Tallahassee, they do something to protect the renters, not only the -- Commissioner Spence -Jones: Homeowners. Chairman Gonzalez: -- homeowners, but the renters. We're going to have a catastrophe in this city, and it's going to be here before long, believe it, before long. I have a building in my district that most of the people that live there are working class and senior citizens. Their property value was raised by $2.5 million this year. The people that live there just got a notice in the mail, their rent is being increased by $150 a month, $150 a month, OK? So that's how critical things are, and you know, I understand that parking is a serious problem and -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- people in neighborhood, they get very nervous because of parking and all of that, but you know, we have to think that if we don't find a solution for those people, then these people are going to be living in cars inside the neighborhoods. They're not going to live in apartments. They're going to be living in cars and trucks, and you know, pretty soon, they're going to start building shacks in the neighborhoods to live because people have -- Commissioner Spence -Jones: No, no, no. Chairman Gonzalez: -- to live somewhere. Commissioner Spence -Jones: We don't want no more shacks. We got enough shacks. Chairman Gonzalez: Yeah. People have to live somewhere. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: People have to live somewhere. If you have a family and you can't afford to pay the rent, what are you going to do with them? You know -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- so it's very important, you know, and I commend you, you know, for what you're doing in affordable housing, and having something like this is great. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: Believe me, it is great. Commissioner Spence -Jones: Thank you, Mr. Chairman, so if we can just come up with a positive solution, and City staffers, if there's any way that we can work along with them to assist them with that need, but we just -- you know, I just want to make sure that you don't -- we don't have a building going up and we're going to have opposition, OK Mr. Recio: Thank you, Commissioner. Commissioner Spence -Jones: So a motion to defer it until the next meeting. Chairman Gonzalez: All right. We have a motion to defer PZ. 22 until March 22. Commissioner Spence -Jones: Yes. City ofMiami Page 153 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Regalado: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. PZ.23 06-01066x 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 GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW MULTIFAMILY RESIDENTIAL STRUCTURES OF A DENSITY EQUAL TO R-3 OR HIGHER, IN THIS CASE, R-4 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5211 NORTHWEST 17TH AVENUE, 1629 NORTHWEST 52ND STREET AND 1630-1640 NORTHWEST 53RD STREET, MIAMI, FLORIDA. 06-01066x Analysis.pdf 06-01066x Code Enforcement 09-15-06.pdf 06-01066x Zoning Map.pdf 06-01066xAerial Map.pdf 06-01066x Letter of Intent.pdf 06-01066x Application & Supporting Docs.pdf 06-01066x Plans.pdf 06-01066x ZB Fact Sheet.pdf 06-01066x ZB Reso.PDF 06-01066x Appeal Letter.PDF 06-01066x CC Legislation (Version 3).pdf 06-01066x CC Exhibit A.pdf 06-01066x CC Legislation (Version 4).pdf 06-01066x CC Exhibit A.pdf 06-01066x CC Fact Sheet 01-25-07.pdf 06-01066x CC Fact Sheet 02-22-07.pdf 06-01066x CC Fact Sheet 03-22-07.pdf LOCATION: Approximately 5211 NW 17th Avenue, 1629 NW 52nd Street and 1630-1640 NW 53rd Street [Commissioner Michelle Spence -Jones - District 5] APPELLANT(S): Herschel Haynes, Adjacent Property Owner, on behalf of Hadley Park/Model City Homeowners Association, as well as Lena Canty, Elmira Green, Bertha Thomas, Henry Goa, Bobby McGhee, Lillie Williams and Moselle Bell APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Mayor Realty, Inc. and ALCO Group, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the Special Exception. ZONING BOARD: Granted the Special Exception with conditions* on City ofMiami Page 154 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 September 25, 2006 by a vote of 5-1. *See supporting documentation. PURPOSE: The approval of this appeal will not allow multifamily residential structures of a density of R-3 or higher in the C-2 district. CONTINUED A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to continue item PZ.23 to the City Commission meeting currently scheduled for March 22, 2007. Chairman Gonzalez: All right. PZ.19. Gilberto Pastoriza: Mr. Chairman. Commissioner Spence -Jones: Mr. Chairman. Mr. Pastoriza: Mr. Chairman, ifI could, ifyou could indulge us. You have item 23 that, I believe, the Commissioner is requesting that we defer that item. My opposing counsel is -- Louise Coro: Yes. Mr. Pastoriza: -- here, the appellant -- counsel for the appellant. If we could just move that out of order so that we can get it deferred till next month, which is the wishes of the Commissioner. Chairman Gonzalez: Yeah we can do that, while they get set up. Commissioner Spence -Jones: Well, actually, it's going to be -- Chairman Gonzalez: We need -- Commissioner Spence -Jones: -- two deferrals, so if -- Chairman Gonzalez: -- a motion to defer. Commissioner Spence -Jones: Yes. Mr. Pastoriza: Item 23. Commissioner Spence -Jones: Yes, item 23. I'd like to motion that we defer the item until the 23rd -- 22nd -- Mr. Pastoriza: Twenty-second. Chairman Gonzalez: March -- Commissioner Spence -Jones: -- butl do want to actually put on the record thatl think that it's imperative that the community and the folks that are trying to develop within the community sit down to have a discussion with the residents to make sure that they can find a happy compromise. We cannot put buildings in areas that people are not comfortable with them being there, so I'm hoping that when you come back on the 22nd, you know, we've, at least, resolved that. Mr. Pastoriza: Well go for a second go -around. Commissioner Spence -Jones: OK. City ofMiami Page 155 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Ms. Coro: Yeah. We'll -- we were going to meet way before that, hopefully. Commissioner Spence -Jones: OK, no problem. Thank you, Counsel. Pamela E. Burns (Assistant City Clerk): Excuse me, and your name for the record, please, ma'am? Chairman Gonzalez: All right. We need -- Ms. Coro: Louise Coro. Chairman Gonzalez: -- a motion to defer. We have -- Commissioner Spence -Jones: So moved. Chairman Gonzalez: -- a motion to defer PZ.23 to March -- Commissioner Regalado: Second. Chairman Gonzalez: -- 22. Commissioner Regalado: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Mr. Pastoriza: Thank you, Mr. Chairman. NON -AGENDA ITEMS NA.1 07-00296 DISCUSSION ITEM DISCUSSION REGARDING CREATING AN IMPROVED PROCESS FOR BLUE PAGE (DISTRICT) ITEMS. DISCUSSED Direction by Vice Chairman Sanchez to the City Manager to prepare legislation that provides for a proper, improved process for blue page items; more particularly, the process should include recommendations from the Administration when blue page items result in ordinances. Vice Chairman Sanchez: Mr. Chairman, before we go on, I'd like to have the City Manager prepare legislation which provides for a proper process for the blue page items. I suggest that the Administration sit down with all the Commissioners and see if we could create a better process as to, you know, discussion items are on the blue pages. Then, when they come up into an ordinance, they should be brought in the regular agenda, so that's a recommendation I would like to make as we provide a better process and best practices, which I think will benefit us all at the end. Commissioner Spence -Jones: So you're saying, Commissioner Sanchez, that we have -- you do understand the importance of us bringing up an item -- Vice Chairman Sanchez: You could bring anything up. City ofMiami Page 156 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Spence -Jones: -- from a discussion standpoint? Vice Chairman Sanchez: Anything. You could talk about -- Commissioner Spence -Jones: I just want to make sure -- Vice Chairman Sanchez: -- the moon. You could talk about whatever you want. Commissioner Spence -Jones: -- because sometimes when you do put items on your blue pages -- Vice Chairman Sanchez: Well -- Commissioner Spence -Jones: -- they move a lot faster. Vice Chairman Sanchez: -- once again, the last time that I read the City Code, the Administration works for us. If you see that your item is not coming forward, their -- the Administration has to work for the Commission, so the only concern that I have -- the only thing that I want to bring out is that once we discuss an item, and we direct the Administration to bring it on the regular agenda, it comes with recommendations from everyone, and then, from there on, we're able to make an intelligent decision based on input from the departments, from the Legal Department, from the Adminisfration. It just makes a better process for us to proceed here in this legislative body. [Later...] Commissioner Regalado: Mr. Chairman, my concern with what was said here is that the way it was presented, items to come in the blue agenda [sic] or in the regular agenda presented by Commissioner should have the recommendation of the Administration. That is what the Vice Chairman ask, correct, Mr. Manager? Chairman Gonzalez: Well, but he -- yeah, but he was mention -- he was talking specifically about the -- about Commissioner Sarnoff item, which were an item that should have come on the regular agenda, as a regular item, not as a blue page item. Commissioner Regalado: No, I understand that. I understand, and I understand, but to me, the public debate is very important, and -- Chairman Gonzalez: To everybody -- Commissioner Regalado: -- I understand -- Chairman Gonzalez: -- it's very important. Commissioner Regalado: -- and for everybody, I understand that, and I cannot see myself asking the Adminisfration to see -- in fact, the Administration sees all the items in the blue page, and they come to us before the meeting and said, your issue in the blue page, this and that, but to have a recommendation in order to get in the agenda, it derails the public debate, it is not democratic, it is what is School Board is doing now, which is totally a Third World country government. That is a real Third World -- Chairman Gonzalez: But I don't know what you're talking about. I mean, I don't understand what you're talking about, about democratic process. Commissioner Regalado: What I'm talking about -- City ofMiami Page 157 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: I mean -- Commissioner Regalado: -- is that the -- Chairman Gonzalez: -- we -- nothing -- Commissioner Regalado: -- Vice Chairman ask to the Administration that the blue pages articles or issues should come with a recommendation of the Administration. Chairman Gonzalez: No. Jorge L. Fernandez (City Attorney): Well -- Chairman Gonzalez: No. He's -- Commissioner Regalado: No? Chairman Gonzalez: The item -- he says an item like the item that was presented should come -- Commissioner Regalado: No, no, no, no, no, no. Chairman Gonzalez: -- with a recommendation. Commissioner Regalado: No, no, no. Mr. Fernandez: Mr. Chairman. Chairman Gonzalez: Not an item on the blue pages because you -- Commissioner Regalado: Every item. Chairman Gonzalez: -- we don't use the blue pages. We don't -- we never. We have -- I've been here sitting for six years; you've been here longer than me, and maybe, in the past, you used to see that, but we have never seen ordinance on blue pages or resolution -- a resolution, yes; ordinance on blue pages, we have never seen them before. Never. Commissioner Regalado: Well, I mean -- Chairman Gonzalez: You know, and I don't have a problem to, you know -- Commissioner Regalado: -- there was a -- remember, blue pages are very liberal because -- and pocket items, too, because there was a -- an ordinance and there was a resolution that we should not bring pocket item with impact on the budget -- Chairman Gonzalez: Right. Commissioner Regalado: -- and, yet, the Mayor's raise was a pocket item -- Chairman Gonzalez: Right. Commissioner Regalado: -- with a huge impact on the budget, and we did it. I mean, all of us, so my point is that the public debate is very important. The freedom of the elected officials to bring item for discussions is paramount to the public process, and anything that would look -- City ofMiami Page 158 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: I agree with you a hundred percent. Commissioner Regalado: -- and that's what want, because you are the Chairman. Chairman Gonzalez: You should have the freedom -- Commissioner Regalado: You are my Chairman -- Chairman Gonzalez: -- you -- Commissioner Regalado: -- and you run the show, so -- Chairman Gonzalez: -- should have the freedom to -- Commissioner Regalado: -- I'm happy. Chairman Gonzalez: -- bring any item on your blue pages for discussion, as you said, for discussion, but when they become a public hearing and then we need to start taking input, that throws me completely off the agenda because I don't know what to expect. I mean, I plan an agenda for each meeting. I meet with the Manager and with the City Attorney for each meeting, and then I try to manage the agenda, remove items and add items according to the size of the agenda, and the items that we're going to have to be discussing, so when I have a new item that it is a surprise, that throws me completely off. You know, that's the only thing that I'm saying. Commissioner Regalado: Well -- Chairman Gonzalez: I mean -- Commissioner Regalado: -- I mean, I'm -- Chairman Gonzalez: -- we have had I don't know how many (UNINTELLIGIBLE). Commissioner Regalado: -- I was just asking about Miami 21 -- Mr. Fernandez: Yeah. Commissioner Regalado: -- and -- Chairman Gonzalez: Yeah, but it -- Commissioner Regalado: -- but maybe I wasn't -- Chairman Gonzalez: -- became -- Commissioner Regalado: -- the only one that had question. Chairman Gonzalez: -- a public hearing, and then Miami 21 is going to have its public hearing before the City Commission, because it had had I don't know how many public hearings aside from City Commission, but you know, what I'm trying to say is that we need to manage the blue pages, and I'm not opposing to blue pages. I will never oppose to any of my colleagues bringing any items for discussion among the Commission, but then when -- if we're going to turn it into a public hearing -- if we're going to make it a regular agenda item, let's include it in the agenda, and then we put it on the public hearing side of the agenda, and we open it to the public, as I do in every item, and as I afford everyone the opportunity to speak in every item, and I don't any anyone can complain about how I had been afforded everyone the opportunity to speak in any item. City ofMiami Page 159 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 NA.2 07-00290 DISCUSSION ITEM DISCUSSION REGARDING THE STATUS OF UNION NEGOTIATIONS IN PROGRESS. DISCUSSED Direction by Chairman Gonzalez to the City Manager to meet with all five Commissioners next week to provide updates on all union confract negotiations in progress. Commissioner Regalado: I didn't get in my blue page an item -- a resolution that I wanted to bring regarding the Fraternal Order of Police and the City Commission, so if you want to, I'll do it now or a pocket item after, when you were -- when you decide -- Chairman Gonzalez: Go ahead and do it now. Commissioner Regalado: Well, it's -- Chairman Gonzalez: I mean, we're not going to take any P&Z (Planning & Zoning) item until the afternoon, so -- Commissioner Regalado: -- about the issue of the confract of the Police Department, and it's been on the media, it's been on the street; most of the members of the Commission have made public comments, and so I decided that it should be good that the City Commission is informed, because I don't know anything about the talks between the different unions, and especial [sic] the police, which seems to be the one with more issues, and I just wanted to bring this resolution of the City Commission requesting information on the status of the labor negotiations between the City ofMiami and the Fraternal Order of Police, because it has come to our attention that, for month, the City has been saying that they cannot continue negotiations with the police union until the consultants hired by the City, which, by the way, we have paid at least $100, 000, completes his calculation on pension numbers, and it was alarming to hear from the leaders of the union that there was a proposal that the City would have save $20 million in pension costs, and yet, the City has not been able to resolve the issue, so all I'm asking is whether, in public or in private, to get brief as to what can we say to the public regarding the police issue? I am exposed everyday to the public through the media that I work, and I feel very uncomfortable because I cannot respond as to the question "What is going on with the confract with the Police Department?" So I don't know when the negotiations will resume or if there are negotiation. I don't know if -- why the City is not meeting with FOP (Fraternal Order of Police). I don't know if it's true that many police officers are leaving the force. This is a -- this is no longer a -- an economic issue and no longer an Administration issue. Elected official have to respond to the people, and I just need a direction from the Administration to see what can I say, what can we say. Chairman Gonzalez: And we have the City Manager. Mr. City Manager, can you meet with each Commissioner next week and brief them on how the status of the negotiations are, not only with the police union, but also with the fire union, the Solid Waste union, and the regular employees union, all of the unions? Because they all work for the City, they're all important, so know, we should be concerned with all -- each one of them, so will you do that next week? Pedro G. Hernandez (City Manager): Sir, it will be my pleasure, and it's somewhat upsetting to see the tactics obviously used by the union to provide information that is quite erroneous, and you know, I just -- it hurts that they would take those steps rather than being upfront. We have been making tremendous, I would say, progress over the last 60 days. We are very close, and you know, it's not really appreciated. However, we'll get it done. Commissioner Regalado: But you -- City ofMiami Page 160 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: I -- Commissioner Regalado: -- see, Mr. Chairman, the problem is that you know that for a fact, Mr. Manager, but -- and I know I cannot participate in the negotiation. I cannot be part of the negotiation, nor do I want to be part of the negotiation, but at least -- the only information I am getting is from the media listening to representative of the union, and the fact that I mention the police is because the police have been more proactive in going out and expressing their case, so I really appreciate. I don't want to be consulted, if you should do this or that. That is your authority. My only role is to vote yes or not [sic] when you bring the final product, but it's very upsetting to look like a fool, and frankly, every time that I open the phone lines in one program or other that I do, I get a question "What's going on with the Police Department? What do you know about the Police Department?" And I have to say that I don't know anything about the Police Department, and that was my issue. Chairman Gonzalez: Thank you very much. Commissioner Regalado: Thank you. Mr. Hernandez: Sir, ifI may, real quick. You must rest assured that my goal is to do the best for them, the bestfor you, and the bestfor the residents of the City, and that I will balance. NA.3 07-00291 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE HOURS OF SALE FOR ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES OF THE PAWN SHOP LOUNGE, LOCATED AT 1222 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AND AT KARU & Y RESTAURANT, LOCATED AT 71 NORTHWEST 14 STREET, MIAMI, FLORIDA, TO ACCOMMODATE TWO VENUES ASSOCIATED WITH THE WINTER MUSIC CONFERENCE, ON TUESDAY, MARCH 20, 2007, FROM 5:00 A.M.-7:00 A.M. THROUGH SUNDAY, MARCH 25, 2007, FROM 5:00 A.M.-7:00 A.M., PURSUANT TO CHAPTER 4/ARTICLE 1/SECTION 4-3, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL/HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES." Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0105 Chairman Gonzalez: Commissioner Sarnoff, I understand that you had a pocket item? Commissioner Sarnoff Very briefly, yes, sir. Chairman Gonzalez: OK. Commissioner Sarnoff It is a resolution concerning the Winter Music Conference, which is scheduled to be conducted March 20 through the 25th. It is the 22nd annual gathering of the world's top music deejays (disc jockeys) and music impression -- presarios [sic] to discuss and attend workshops. This will bring an estimated three to four hundred thousand people to the different events in the gathering. Over 60 countries are slated to be represented in this year's conference. There's a request that two venues, the Pawn Shop and Karu & Y, social and music hospitality venues, are requesting, by resolution, under Chapter 4, Section 4-3A/6, an act City ofMiami Page 161 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 NA.4 07-00295 extending the alcohol serving from times from 5 a.m. limit to two more hours, until 7 a.m. We have conducted interviews with the NET (Neighborhood Enhancement Team) Administrator, Eddie Padilla, and he's provided us excellent reports from both venues. There have been no prior incidents of any police intervention in any of the previous times, so I'm asking, by resolution, that we extend the hours from 5 a.m. to 7 a.m. for these four -day period -- five-day periods. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion. We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Sarnoff Thank you. DISCUSSION ITEM BRIEF DISCUSSION REGARDING HOME DEPOT PROJECT. DISCUSSED Commissioner Regalado: OK. Can we discuss the contract with the unions? Maybe -- can we discuss Miami 21 ? Unidentified Speaker: Marlins Stadium. Unidentified Speaker: Dwayne Wade's injury. Unidentified Speaker: The streetcar. Commissioner Regalado: Can we discuss the streetcar? That'd be fun. Can we discuss the Performing Arts Center and the CRA (Community Redevelopment Agency) money that they want? Maria J. Chiaro (Assistant City Attorney): Yes, sir. Not the CRA money, but -- Commissioner Regalado: Not the CRA. Ms. Chiaro: -- the Performing Arts Center -- Commissioner Regalado: OK. Ms. Chiaro: -- certainly. Commissioner Regalado: Yeah. Hey, we have so many things to discuss. I mean -- so we don't want to discuss the -- How do you feel about discussing the --? Commissioner Sarnoff Let's talk about Home Depot. Commissioner Regalado: Let's talk -- Commissioner Sarnoff Come on. Commissioner Regalado: -- about Home Depot. City ofMiami Page 162 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Sarnoff Let's talk about Home Depot. Commissioner Regalado: Let's trash Home Depot because they really deserve it. Unidentified Speaker: Let's bring Lowe's to the City. Commissioner Regalado: No, really, and since we are now live and probably on tape later on, I would like to say that, really, on the next Commission meeting, we are going to seriously discuss the Home Depot issue. We have some residents are really interested in expressing their views and complaints, and I think it is important because all the residents do deserve the possibility of expressing, no matter how poor is the area or how rich is the area, and so we are going to discuss -- MOTION TO ADJOURN A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sarnoff and was passed unanimously, with Vice Chairman Sanchez absent, to adjourn today's meeting. Chairman Gonzalez: Does any of the Commissioner have any pocket items? Tony Recio: Thank you. Chairman Gonzalez: No pocket items. We need a motion to adjourn. Commissioner Spence -Jones: Motion to adjourn. Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion to adjourn. We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Meeting is adjourned. City ofMiami Page 163 Printed on 3/16/2007