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HomeMy WebLinkAboutCC 2007-03-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IF Ali Meeting Minutes Thursday, March 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 March 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 RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofAliami Page 2 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 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 ofMarch 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 9:30 a.m., recessed at 12:57 p.m., reconvened at 3:05 p.m., and adjourned at 6:26p.m. Note for the Record: Commissioner Sarnoff entered the Commission chambers at 3: 07 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk Chairman Gonzalez: (INAUDIBLE) 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, the City Manager, Jorge Fernandez, City Attorney, and Priscilla Thompson, City Clerk. The meeting will be opened with a prayer by Vice Chairman Sanchez and the pledge of allegiance by Commissioner Regalado. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS 1. Commissioner Spence -Jones presented Certificates ofAppreciation to members of the Disfrict 5 "Litter Busters "for their commitment to bettering the quality of life by their participation in the City gill/Pamirs Litter Buster Initiative; further acknowledging that on an annual basis, two individuals of the District 5 "Litter Busters" will receive a $100 Gift Certificate on behalf of Disfrict 5, and further, this year's $100 Gift Certificates were awarded to Jill Turner and Michel Rosny. 2. On behalf ofMayor Diaz, Vice Chairman Sanchez presented a proclamation to Jose Fuentes (Miami -Dade Regional Service Center Director), of the South Florida Water Management Disfrict, recognizing April as Water Conservation Month. Chairman Gonzalez: We will now take the pres -- the proclamations. The Mayor has a proclamation, but don't see the Mayor here. I don't know if he's coming down. Commissioner Spence -Jones, you have a certificate of appreciation. Good morning. Commissioner Spence -Jones: Good morning, Mr. Chairman and distinguished board members. Good morning, Marc. Good morning, Commissioner Regalado. Vice Chairman Sanchez: Good morning. Commissioner Spence -Jones: Good morning. Presentations made. "[Later...]" Vice Chairman Sanchez: Mr. Chairman, ifI could be recognized. Before we break for lunch, we City ofMiami Page 3 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 MAYORAL VETOES had a proclamation that the Mayor put together for an individual that usually, every time he comes here, he brings a check, but apparently, this time he didn't bring a check. Jose Fuentes: No check. Vice Chairman Sanchez: No check this time, but it's important that we recognize his labor, and of course, what the South Florida Water Management District does for this City, and the Mayor would like to present a proclamation, and I just want to read briefly a couple of whereases. Presentation made. NO MAYORAL VETOES Chairman Gonzalez: All right. I got a memo that reflects that there hasn't been any vetoes from the Mayor's office; is that correct? Priscilla A. Thompson (City Clerk): That is correct, sir. Chairman Gonzalez: All right. Let the record reflect that. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: We need a motion to approve the special meeting ofFebruary 14, 2007 and the Planning and Zoning meeting ofFebruary 22, 2007. Vice Chairman Sanchez: So move, Mr. Chair. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. ORDER OF THE DAY Chairman Gonzalez: All right. That concludes the presentations this morning. I will have the City Attorney state the procedures to be followed in 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 and online at wwwmiamigov. com [sic]. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. Mr. Chairman, Commissioners, and members of the public, the section that I'm about ready to read now is new today; for the first time, in force and effect. This has to do with general disclosure requirements of applicants, and please pay City ofMiami Page 4 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 attention. New person -- any person or entity requesting approval, relief or other action from the City Commission concerning any issue shall disclose, in writing, at the commencement of the hearing the following information: Whether any consideration has been provided or committed, directly or on its behalf to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action; second, also has to be disclosed to whom the consideration has been provided or committed; thirdly, the nature of the consideration, and lastly, a description of what is being requested in exchange for the consideration. The disclosure form, which is available from the City Clerk, must be read into the record by the requesting person or entity prior to submission to the City Clerk. 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 or placards are allowed in the chambers. Persons exiting the Commission chamber shall do so quietly. Persons may address the City Commission on items appearing on the `public hearings" portion of the agenda and on items where the 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 speak 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. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. PZ (Planning & Zoning) items will begin after 10 a.m., andMr. Chair, Commissioners, the following items are being dealt with differently from the regular agenda. Consent item number 2 has been withdrawn, Madam Clerk. Consent item number 2 has been withdrawn. DI. 1 will be continued to April 12. DI. 1 will be continued to April 12, and RE.1 has been substituted. There is a substitute item that would be -- that has been presented to you and will be discussed when the item gets called to be heard. Also, on the supplemental agenda, SI.1, SI.2, and SI.3 also have been substituted. You have been given those items, and the reason for the substitution will be explained to you when those items are called to be heard. Thank you, Mr. Chairman. Chairman Gonzalez: Thank you. "[Later...]" Chairman Gonzalez: Let me add to the comments of the City Attorney, and I'm going to repeat this once we are ready to start the Planning and Zoning agenda. During the Planning and Zoning agenda, I'm going to allow equal amount of time to attorneys on both sides, attorneys for the developer and attorneys for the opposition; general public will be allowed two minutes to express their concerns or their points of view on the item being discussed at the time, so once again, attorneys on both sides will have equal amount of time and general public will be allowed two minutes per speaker, and I think we're ready to start with the agenda. City ofMiami Page 5 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 CONSENT AGENDA CA.1 07-00337 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Administration SPECIAL REVENUE FUND ENTITLED: "VIOLENCE INTERVENTION PROJECT" AND APPROPRIATING FUNDS IN THE AMOUNT OF $43,500, CONSISTING OF AN AWARD FROM THE CHILDREN'S TRUST THROUGH COMMUNITIES IN SCHOOLS, INC., FOR THE DEPARTMENT OF POLICE ; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID AWARD. 07-00337 Legislation .pdf 07-00337 Exhibit .pdf 07-00337 Exhibit 2 .pdf 07-00337 Summary Form.pdf 07-00337 Memo .pdf 07-00337 Letter .pdf 07-00337 Partnership Agreement .pdf 07-00337 Pre -Attachment .pdf 07-00337 Budgetary Impact Analysis.pdf 07-00337 Legal Services Request .pdf 07-00337 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0163 CA.2 07-00338 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Police PROCUREMENT OF ONE (1) 2007 MT-55 FREIGHTLINER BOX TRUCK (22') WITH UP -FITTING SERVICES, FROM PRIDE ENTERPRISES, FOR THE DEPARTMENT OF POLICE, AT AN ESTIMATED AMOUNT OF $249,950; ALLOCATING FUNDS FROM THE COPS MORE '98 GRANT, PROJECT NO. 19-142025, ACCOUNT CODE NO. 12000.191602.664000.0000. 07-00338 Legislation .pdf 07-00338 Summary Form.pdf 07-00338 C.I.D. Command Response Vehicle.pdf 07-00338 State Purchasing Memo.pdf 07-00338 Proposal .pdf 07-00338 Schematics .pdf 07-00338 Specifications for Moblie Command Center .pdf WITHDRAWN CA.3 07-00339 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED FEBRUARY 12, 2007, PURSUANT TO INVITATION FOR BIDS NO. 11021, FROM FLORIDA BULLET, INC., FOR THE PURCHASE OF AMMUNITION, ON AN AS -NEEDED, WHEN NEEDED CONTRACT BASIS, City ofMiami Page 6 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGET APPROVAL AT TIME OF NEED. 07-00339 Legislation .pdf 07-00339 Summary Form.pdf 07-00339 Award Recommendation Form.pdf 07-00339 Bid Security List .pdf 07-00339 Award Sheet .pdf 07-00339 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0164 CA.4 07-00344 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING Administration RESOLUTION NO. 76-919, ADOPTED OCTOBER 14, 1976, IN ITS ENTIRETY, REGARDING THE GRANT APPLICATION PROCESS ; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT APPLICATIONS FOR ALL TYPES OF GRANTS, WITHOUT FIRST SUBMITTING SAID APPLICATIONS TO THE CITY COMMISSION FOR PRE -APPROVAL; FURTHER REQUIRING THE CITY MANAGER TO SUBMIT TO THE CITY COMMISSION FOR FINAL APPROVAL ANY GRANT AWARD AND ANY GRANT AGREEMENT OVER THE AMOUNT OF $25,000, IN ORDER TO IMPLEMENT SAID GRANT. 07-00344 Legislation .pdf 07-00344 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0165 CA.5 07-00379 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 05-06-114, THAT THE TOP -RANKED FIRMS AND MOST QUALIFIED TO PROVIDE MUNICIPAL BOND UNDERWRITING SERVICES FOR THE POSITIONS OF SENIOR MANAGERS, IN RANK ORDER ARE: (1) UBS SECURITIES (SR. MANAGER) AND JP MORGAN (CO -SR. MANAGER); AND FOR THE POSITION OF CO -MANAGERS: (1) SUNTRUST CAPITAL MARKETS (CO -MANAGER), (2) RAYMOND JAMES (CO -MANAGER), AND (3) LASALLE FINANCIAL SERVICES (CO -MANAGER); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICE AGREEMENT(S), IN THE SUBSTANTIALLY ATTACHED FORM(S), ON AN City ofMiami Page 7 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 AS -NEEDED BASIS, FOR A BASE TERM OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR UP TO THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE NEXT HIGHEST -RANKED FIRM(S) SHOULD NEGOTIATIONS FAIL WITH ANY OF THE ABOVE MENTIONED FIRMS, UNTIL A CONTRACT HAS BEEN SUCCESSFULLY NEGOTIATED; ALLOCATING FUNDS FOR SAID FIRMS THROUGH THE PROCEEDS OF BONDS ISSUED. 07-00379 Legislation .pdf 07-00379 Exhibit .pdf 07-00379 Exhibit 2 .pdf 07-00379 Exhibit 3 .pdf 07-00379 Exhibit 4 .pdf 07-00379 Summary Form.pdf 07-00379 Memo.pdf 07-00379 RFQ .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0166 CA.6 07-00342 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), APPROVING THE APPOINTMENT OF ISABEL DE QUESADA AS THE EXECUTIVE DIRECTOR OF THE MAYOR'S INTERNATIONAL COUNCIL, WITH COMPENSATION, AND EMOLUMENTS AS LISTED IN "EXHIBIT A," ATTACHED AND INCORPORATED. 07-00342 Legislation .pdf 07-00342 Exhibit.pdf 07-00342 Summary Form.pdf CONTINUED A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff and was passed unanimously, to continue item CA. 6 to the Commission meeting currently scheduled for April 12, 2007. Chairman Gonzalez: Now we need a motion to defer CA.6. Commissioner Regalado? Commissioner Regalado: Move it. Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion; we have a second to defer CA.6. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. CA.7 07-00377 RESOLUTION City ofMiami Page 8 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR Commissioner CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO Marc David Sarnoff ENDORSE THE ELEVEN MILE EVERGLADES SKYWAY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 07-00377 Legislation .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0167 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 go to the consent agenda. Any items that my colleagues want to remove off the agenda to be discussed or deferred or tabled? Vice Chairman Sanchez: Mr. Chairman, I respectfully request CA.5, which is a resolution, to be pulled for discussion. Chairman Gonzalez: All right. Any other items? Commissioner Regalado: Mr. Chairman? Chairman Gonzalez: Yes. Commissioner Regalado: CA. 6 for discussion. Chairman Gonzalez: OK. Vice Chairman Sanchez, you're recognized for discussion on CA.5. Vice Chairman Sanchez: All right. Well, we need to have someone from the Department of Finance, either Larry Springs [sic] -- Larry. Larry, this is the recommendation of evaluation committee for the RFQ (Request for Qualifications) for the Municipal Bond Underwriting Services. It's my understanding there's been 16 respective [sic] and responsible proposals that have been put forth as we go into the second allocation of our bond issuance. As always, when it comes to the finances of the City, I am always concerned, and I like to make sure that we are very clear as we move forward. My question to you is, have we performed due diligence, reference the experience of these firms, based on bond, staff marketing, and sales? Chairman Gonzalez: Oh, I'm sorry. Go ahead. Larry Spring: Larry Spring, chief financial officer. Commissioner, we absolutely have done that. Along with our procurement, our evaluation team, and our financial advisors, a very thorough evaluations of the bidders was performed; a detailed analysis of their presence and experience in issuing these type of municipal debts has been completed, and I believe, in the briefing document that we passed out, we had a detail of that for not only the firms that have -- City ofMiami Page 9 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 were -- that are being recommended for award, but also the other 16 as -- the other 9 as well -- or 11 as well. Vice Chairman Sanchez: Larry, I think we're all anticipating the financial audit, which has not been completed, or I have not seen it. I think it's paramount that we have an opportunity to see that audit, and I'll tell you why. As we speak here, there's a session in Tallahassee, and the big issue up there is going to be tax reform or tax relief. There are a lot of unknowns that I am very concerned with, and when would that financial audit be ready? Mr. Spring: We've been having a lot of back and forth discussions with our external auditors. Right now will probably be about the second week ofApril is what we're looking at right now, which is a little bit late from schedule. We had some delays and some things due to the conversion, but right now it's on -- set to be probably -- I expect like the second week ofApril it'll be done, issued to the Commission. Vice Chairman Sanchez: Would it be prudent for us to move forward with this recommendation that is in front of this legislative body by the Administration and yourself without having an opportunity to review or have the outcome of the final audit? Mr. Spring: Without a doubt. I would say the two items are exclusive of each other in some respects. This underwriting team is the last component that we need in order to move forward with the issuance of our next tranche of the bonds. Without this group, you know, you will stall that process. Right now everything is set to move forward and have that issuance out, hopefully, by the first couple of days ofJune. In addition, the bond rating agencies will be here to meet with the City for us to give them a full presentation April 26, 27, and April 30, so by not approving this, all of that will be stalled and probably put us in a worse position. Vice Chairman Sanchez: Well, once again, ifI do make my point here is that we do have a fiduciary responsibility here, and we need to be very careful as we move forward not knowing exactly the outcome of Tallahassee and what effect -- Mr. Spring: Right. Vice Chairman Sanchez: -- it may have on local governments, and I just always like to focus on the unknowns, which -- Mr. Spring: Right. Vice Chairman Sanchez: -- are the ones that concern me. The other unknown is the OPED, which is the GASB (Government Accounting Standard Board) -- Mr. Spring: 45. Vice Chairman Sanchez: -- 45. Mr. Spring: Pending implementation, which is -- we'll be required to implement that as of our 2008 reporting period. We do have consultants that are working with Risk Management to identify what that number is for the City, and we will be presenting our full plan to the Commission -- well, our strategy, I should say, in dealing with that number. It is an unknown that the bond rating agencies are concerned about, as is the state property tax, butt will say our financial team and the City Manager and everybody here, Commissioners, also have been going to Tallahassee. We've stayed plugged in, and at this point, since nothing is concrete, the only thing that the City can do -- and I know, for a fact, that our bond rating agencies, our financial advisors are appreciative of this -- is analyze what could be the financial impact, so we have done an analysis of everything that has come in of the paper or has been presented to us directly City ofMiami Page 10 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 by state representatives, senators; we've been preparing that analysis, and you know, we can't -- I guess, from their perspective, we shouldn't allow that unknown to stop us, but we need to be -- I think you're being cautionary of-- that we need to be aware of it and be mindful of it as we move forward. Vice Chairman Sanchez: Larry, based on your recommendation of this legislation, where are we at? Do you believe that we are well-balanced in the City? Do we have a sfrong balance? Mr. Spring: Right now -- yeah, we have a very sfrong balance. A city our size, we have a half -a -billion dollar operating budget and reserves of over $100 million. We are so well -- you know, well reserved, compared to our peers, I think Wall Street still sees us as a very viable, financially sfrong city. In that briefing document, I think, with all of the bond rating agencies, we're about four steps away, in each of them, from being triple A rated, and I fully expect, after that full presentation, that we will get an increase in our rating because you have a strong management team here, because we are analyzing all of those unknowns. We have a plan. We have a Commission that supports this management team and this financial position. We often have debate back and forth with regards to our financial situation, so those are things that they see and they evaluate in their rating of us, and I fully expect us to get an increase. Vice Chairman Sanchez: All right. Larry, as always, I ask this because I hold you responsible for this. I mean -- Mr. Spring: I know you do. Vice Chairman Sanchez: -- yeah, it's your position, but I want to make sure that when I make a decision, it's all based on good information, and when it comes to this, this is a very complicated issue. It is a issue that I want to make sure that doesn't come back and bite us if something goes wrong. Is there any reported condition or anything out of the norm that this legislative body should be made aware of-- Hr. Spring: Not at this -- Vice Chairman Sanchez: -- as --? Mr. Spring: -- time. Vice Chairman Sanchez: Thank you. Mr. Spring: Not at this time. Chairman Gonzalez: Commissioner Regalado, CA. 6. Commissioner Regalado: Thank you, Mr. Chairman. On CA.6, this is about the Mayor's International Council and a person that will be the next executive director. I just realized this morning that the person is a very respected journalist. However, I have not been brief not in the person itself which is, as I said, a respected journalist, and a very professional one, but on the role of the Mayor's International Council, and I just cannot make a decision ifI don't know what is the role, what this Council has been doing -- Chairman Gonzalez: Would you like to defer -- Commissioner Regalado: -- because according to -- Chairman Gonzalez: -- the item? City ofMiami Page 11 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Regalado: Yeah, but I'd like to say that because of -- I have been reading through the ordinance that created this, we were supposed to get monthly reports and bank statements regarding the functions of this Council, andl have to say that I've never, ever been briefed on what the Mayor's International Council does, nor that have received any information, in writing, about the Mayor's International Council, so I really need to get the information. I am -- I understand that this probably is a time -sensitive issue, but cannot vote in something that don't really know. Vice Chairman Sanchez: Mr. Chairman, ifI may add. Mr. Chairman, I would respectfully request, as the Chairman of the Mayor's International Council, that the newly -appointed executive director meet with all the Commissioners and provide a briefing, provide you with our mission statement, and basically, so you could have a better understanding of our scope and mission, andl will do that. Hopefully, within the next week, she will meet with all ofyou. Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff That's fine. I just was going to -- Commissioner Regalado: Can I say something? Chairman Gonzalez: Yes, sir. Commissioner Regalado: The new executive director, I've known her for many years, but what I'm seeking is the information on what has been done in the past in terms of finances, in terms of activities. It's not about the future; it's about what the Mayor's International Council has done, so I would -- maybe the Manager can provide some information regarding this, and I'm -- I am really willing to meet with the proposed executive director. Pedro G. Hernandez (City Manager): Commissioner, if -- I believe that it would be timely when you have the briefings, when the briefings are provided by the executive director, that the information you have requested as to accomplishments, even the financial aspect, be provided to you at that time. I've spoken to Ms. De Quesada, and she's also ready and able at this point in time to provide some additional information, if you would like to have that on the record at this time. If not, we can do it during the briefings. Vice Chairman Sanchez: Well, I would prefer that she meet with all the Commissioners, introduce herself and provide information, and then, as always, once a year, when we give a report, maybe at the next Commission meeting, she could give a report of you know, what the Mayor's International Council has done in the past, as the Commissioner has requested, and also what the board is planning on doing on a [sic] future. Chairman Gonzalez: All right. Mr. Hernandez: OK. I think that's probably the best way to go. Thank you. Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff No. I was just going to reiterate what my colleagues had to say. I have not been briefed equally. I don't take a position one way or the other. I just would like to have some information on it so I could make an informed decision. Chairman Gonzalez: All right. Vice Chairman Sanchez: So, Mr. Chairman, I would move CA.5, and then, of course, there's been a request to defer CA. 6, which is -- City ofMiami Page 12 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: All right. Let's move the entire consent agenda, with the exception of CA. 6, which is going to be defer, right? Unidentified Speaker: Correct. Vice Chairman Sanchez: So move the entire consent agenda. Chairman Gonzalez: We have -- Commissioner Sarnoff Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: -- OK. We have a motion, and we have a second. All in favor, say "aye." Ma'am, do you want to speak? Ma'am, do you want to speak? Grace Solares: Mr. Chairman, I wanted to, but since you have refer -- deferred the matter, it won't be necessary. However, I'd like to circulate what I had prepared to read to you so you could take it into consideration when you -- Chairman Gonzalez: All right. Ms. Solares: -- make -- Priscilla A. Thompson (City Clerk): We need -- Ms. Solares: -- your position. Chairman Gonzalez: Sure. Commissioner Spence -Jones: Name? Ms. Thompson: Before you leave the mike, we need your name for the record. Chairman Gonzalez: Right. Ms. Solares: Oh, yes. My name is Grace Solares, 60 Southwest 30th Road. Vice Chairman Sanchez: On the -- Chairman Gonzalez: Very good. Vice Chairman Sanchez: -- Mayor's International Council. Ms. Solares: Huh? Vice Chairman Sanchez: You had -- Ms. Solares: On the Mayor's -- Vice Chairman Sanchez: -- some concerns -- Ms. Solares: --International Council, yes, correct. City ofMiami Page 13 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: All right. Ms. Solares: Thank you. Chairman Gonzalez: Thank you, ma'am. Mr. Hernandez: Mr. Chairman, the intent would be to defer the item to the next meeting, which is April 12. Chairman Gonzalez: Right. Let me get a vote on the consent agenda. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. City ofMiami Page 14 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-00378 DISCUSSION ITEM DISCUSSION CONCERNING AN ORDINANCE OF THE CITY COMMISSION REQUIRING BACKGROUND CHECKS FOR ALL CONSTRUCTION WORKERS WORKING IN R-1 & R-2 ZONING DISTRICTS. DISCUSSED A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, directing the City Attorney to draft a voluntary resolution that addresses the requirement of background checks for all construction workers working in R-1 & R-2 zoning districts. Chairman Gonzalez: All right. Now we're going to move to blue pages. Surprisingly enough, we don't have any items on the blue pages. Wow. Commissioner Spence -Jones: This is your gift today -- Chairman Gonzalez: Except one. Commissioner Spence -Jones: -- Mr. Chairman. Chairman Gonzalez: We have one. Priscilla A. Thompson (City Clerk): Except one. Chairman Gonzalez: Commissioner Sarnoff you're recognized. Commissioner Sarnoff I'm trying, ardently, Mr. Chairman, to work within the parameters of our blue pages. The first item I'd like to bring to everybody's attention is an issue that's affecting, that I know of predominantly the Grove, and that is, there's been a significant crime wave of burglaries, and we understand, through our previous commander, that most of the burglaries had been as a result of workers being in the neighborhood and having worked for various contractors, and they believe that most of the crime has been committed as a result of the workers coming into the neighborhoods, and what I was suggesting, merely for discussion, was possibly putting some sort of a requirement of a disclosure that they have gone through some sort of a background check. I'm not suggesting that a convicted felon or previously convicted felon should not be allowed to work, but merely that that employer of that previously convicted felon, or I could go to a much worse person, a pedophile, that there's an awareness that they're City ofMiami Page 15 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 hiring these people. It's not intended to go any further than that. It's not intended to get to any immigration matter. It is absolutely merely a concern, and I'm suggesting that maybe all we do is make it a voluntary parameter; see how it works to see if it does any of -- any good. I realize these could be very sensitive issues regarding a person's work, butt would suggest to you that many of the subcontractors really don't know who they're employing. The cost, I think, would be minimal. I've been told that you can do a background check for 20 to $25, and we invite these people into our neighborhoods; they can spend upwards of six months, depending upon the home that they're building or the frequency that they're in, and maybe this is one of the ways of working through some of the crime issues, and I know this to be a concern of the north Grove right now, and I looked for any of my colleagues to vet that issue with me or -- Vice Chairman Sanchez: On a volunteer basis, I don't have a problem. Chairman Gonzalez: All right. Commissioner Sarnoff Then, ifI could have the Manager bring this up at the next meeting, where we could draft, maybe a resolution versus -- Chairman Gonzalez: The City Attorney -- Commissioner Sarnoff -- an ordinance. Chairman Gonzalez: -- should -- Commissioner Sarnoff Yeah, I'm sorry, the City Attorney. Yeah, we don't want the Manager doing the lawyer's work -- Jorge L. Fernandez (City Attorney): No. Well -- Commissioner Sarnoff -- but maybe have the City Manager draft, with my office, a resolution -- we'll start with a resolution, you know, voluntarily asking them to provide background checks on all workers who come into an R-1 or an R-2 neighborhood. Commissioner Spence -Jones: OK. Let -- I do have to make a comment on this, and I'm sure, Commissioner Sarnoff, you probably thought I would be making a comment on it. Until Commissioner Sanchez put "voluntary" or you added that, then it may -- it softened the blow. My concern in the whole matter, when I first saw the item, is you know, in my particular -- not only in my particular community; I'm sure in Gonzalez's community and also in Commissioner Regalado's community, you know, for some people, this is their second chance -- Commissioner Sarnoff Oh, I'm not -- Commissioner Spence -Jones: -- you know, and the only jobs that they can get is construction jobs, and now, you know, already there's a certain level of humility that goes along with, you know, frying to go after a job, and the only jobs you really can get is jobs in the labor field after you've committed a crime, is for us now to judge these folks once again, and I -- I'm just telling you, based upon the issues -- my shantytown issue, and us putting a lot of those people to work now, and many of them have had issues in the past, and most of those people we have working on the same sites that we have happening within the neighborhoods to restore that building. I just - - I don't like the additional layer that's being put out there that -- even though it's a valid -- that may be the main reason why a person decides they're not going to hire a person, and if they committed a crime ten years ago, five years ago, that doesn't mean that they can't lay bricks, or that doesn't mean they can't landscape in the area, that doesn't mean that they can't -- they shouldn't be allowed to work, and even though, you know, it's voluntarily, and it's not going to -- so -- maybe not so-called be judged harshly, but it's -- I think that it would add an exfra layer to City ofMiami Page 16 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 prevent, one, for the person to even go for the job, because I'm sure they're shaking in their boots, one way or the other, if they know -- or if they think they're going to be judged. You know, I just -- from my community, that just does not work. Now, I understand what your community's issue is, and I'm not de -- I don't want to even debate you on that, but you know, as we sit on the dais, we have to be considerate of other districts, and I know this is a -- this would be a big problem in my disfrict, sir. I mean, a lot of the houses -- I'm sure Community Development can attest to this -- are -- a lot of those folks that are building houses in the area are ex -offenders, they're ex -offenders, and guess what? I'm glad they're on the right track now. I'm glad that they're building four and five homes and trying to take care of themselves, and play [sic] back their debt to society and they're being positive and productive, but just imagine if that's put out there, you know. This may prevent them from having an opportunity, so I just -- I think that when we start, you know -- I'm going to be very considerate to your disfrict because I understand that you have issues, but I'm asking for you also to be considerate to mine and to the other Commissioners that also have -- these are their constituents, too, that have the same issues of people that are ex -offenders that are frying to get their lives back together, so I just -- I, personally, don't feel all that comfortable with it because I think that it could be used as a tool to prevent people from getting work. Commissioner Sarnoff Well, ifI could comment. There are three programs that I'm aware of in West Grove, which reintroduce felons back into the workforce by doing day laboring and laboring with regard to laying bricks and forming concrete and issues like that. As a matter of fact, we're helping somebody achieve 501(c)3 status with --I think it's Sergeant Bo (phonetic) Leonard. I just elevated him to sergeant's position in the Miami Police Department. I either should apologize or maybe the chief could take it as a recommendation, so I'm aware of the fact that that's a good introduction point for previously convicted felons to get into, you know, a role of a functional and productive employee, and I would suggest to you that that program, in and of itself by its feature, discloses that they are previously convicted felons and that they are now working. With regard to a concern that this would prevent people from going to work, I mean, if you think about it, to get a job at Walgreens, McDonald's, every one of their applications has on there "Have you been arrested before, " and that's a minimum quail -- that's a minimum disclosure. It doesn't mean you're not going to get the job. It just means that that employer is on notice of a prior history, and I'm not wedded to this, Commissioner, butt would suggest to you -- Commissioner Spence -Jones: I just think that it's another layer that affects -- I'm just telling you -- my community. I can't speak for any other community. That's why I was elected to speak for that -- to be that voice for the community, and here's something I deal with almost daily in my disfrict. You know, people that are frying to get their lives back together; already can't find a place to live, you know; already can't afford to live even where they are, you know, and now I'm adding an extra layer of OK, now, you know, this person, as a contractor, can now use this as another excuse as to why they don't want to hire them. Commissioner Sarnoff Well, I would suspect that you're going to find that most of our labor force is going to be coming at that level from that particular field. All I'm putting the employer on is notice that he is aware that there are some people who are convicted felons -- Commissioner Spence -Jones: I just don't want people to abuse it, Commissioner Sarnoff, and what I say about abuse it is use that as an excuse as to why they don't want to hire the individuals. Commissioner Sarnoff Well, I don't -- I understand, but I don't control what -- Commissioner Spence -Jones: Right, but -- Commissioner Sarnoff -- an employer does. City ofMiami Page 17 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Spence -Jones: -- that is just another layer that would be added to prevent them from having a job. Commissioner Sarnoff It's also a layer that may -- Commissioner Spence -Jones: I mean, can't -- is this not something that can be handled by Police or law enforcement to address this issue? Commissioner Sarnoff Well, it's not being handled; that's my point. Commissioner Spence -Jones: Well, then, let's figure out what we need to do to fix it. Commissioner Sarnoff We need more police. Commissioner Spence -Jones: OK. Well, if that's the case, then we need to work on that. Commissioner Regalado: Can I --? Commissioner Sarnoff Go ahead. Chairman Gonzalez: All right. Yes, Commissioner Regalado. Commissioner Regalado: There are federal laws and state laws that mandates that ex -cons will be given opportunities, and any entity, commercial, that deny a job to a former convict can be taken to court, so I think that this discussion is a nonissue. The issue here is the chilling effect that could have in regards to immigration. That's the main issue of what see, because it had been reported in the media that there have been raids in different projects in the past and some projects were stop because of the INS (Immigration and Naturalization Services) or IC ( Immigration Court) raids, so I don't think it will affect the former convicts because there are many avenues to protect them and to bring them back into society. At that -- and I have seen that throughout the state and Miami -Dade County. That's one issue. The other issue is that one would ask, well, if we want to do this on R-1 and R-2, we should do it in C-1, too, because on the corridors, you have the construction, but the parking and the luncheon and the rest and the breaks are in residential areas, so it is the same scenario. This is a very sensitive subject, but would think that the underlying issue here, which Commissioner Sarnoff and Commissioner Spence -Jones are debating, is that we need more police, and that, probably, we would need somehow to request either security guards, not to -- because some constructions, even they are suffering vandalism and graffiti and all that, and it's in the benefit of the developers and in the benefit of the residents. It's a very -- it's a real issue, but it's a very sensitive one, butt promise you, Commissioner Sarnoff, that the crime wave is all over, and you know, we have shootings in your district that -- Commissioner Spence -Jones: Almost daily. Commissioner Regalado: -- do not belong to that. We had had a lot of burglaries in Flagami and in -- even in Coral Gate, which is a closed community, in the past several weeks, and we just need more police, and that's the underlying issue here, so -- Jorge L. Fernandez (City Attorney): Mr. Chairman. Commissioner Regalado: -- we could discuss this in the future. I think it's worth discussing, only by discussing the people would understand that everyone here is concern. Commissioner Spence -Jones: And I just want to be clear, Commissioner Sarnoff. I do know that this is an item that you're bringing up, and clearly, the one thing that love about what you do is City ofMiami Page 18 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 that you listen to your constituents and you fry to immediately address it. All I ask is that we consider other districts that will be affected by it, and quite frankly, I know for a fact, that a lot of people that are working within my community are ex felons, and if I'm already, even from a City department, having to actually physically go out on sites that we have from a construction standpoint and ask why are there no people from the community working on the site? Now, if I'm pushing to make sure even on projects that the City actually even does to make sure that there's some sort of reflection of the people living in those communities working on the site -- and I'm being told people don't want to work -- I can only imagine another layer of you know, OK, well, we couldn't hire him or her because she was an ex felon or she had priors. I mean, this is -- this -- Commissioner Sarnoff Commissioner, have you considered that if you did the background check, that you might net a person that has a warrant out for their arrest or could be a person who is actually a pedophile that's being looked for? I mean, did you ever think that the background check could net that? Commissioner Spence -Jones: All I'm simply saying to you, sir, that already it's difficult within my community for people to even get jobs -- to -- jobs to even get the work. I don't want to add a [sic] extra layer of issues as to why they can't get the work or they're being judged because of that, or that's being used as a reason why they won't hire them. Commissioner Sarnoff But -- Commissioner Spence -Jones: I -- it's difficult for me to get them hired, period. Commissioner Sarnoff I understand that, but what I'm suggesting to you is that this could be -- go ahead, Mr. City Attorney. Go -- Mr. Fernandez: Yeah. Mr. Chairman, ifI may. I think that Commissioner Sarnoff has indicated that he wants this to be a resolution. He wants it to be voluntary. Having expressed those ideas, I can tell you that I believe that the Administration and us could work together to put out the type of resolution that would be cautionary, that would be exhorting the contracting or the general contractors, making them aware of the issues without making it a strict regulatory process. Commissioner Sarnoff did not say an ordinance, and an ordinance is what gives rise to a very regimented process where there are penalties attached and where there are limitations and the like, and I think that -- I don't want to interrupt your debate. You know, you may continue discussing, as you wish, but give us an opportunity to come back and see if we capture the essence of what Commissioner Sarnoff is frying to accomplish, as well as the sensitivities explained by Commissioner Spence -Jones and Regalado, to see if we can incorporate something that would make the issue -- bring the issue to the attention of the industry and then seek their cooperation in a non -regulatory fashion, and I see Commissioner Sarnoff, you know, nodding, so that -- I may have caught the essence of what he's trying to do, and I think we can accomplish that, Commissioner Spence -Jones, without doing violence to some of the principles that you're expressing, because we will not -- we will be very careful to avoid the chilling effect; we would be very careful not to make it regulatory or attaching penalties to it, and it's just a matter of communicating to the construction industry concerns that the City has in this regard, that there may be a link, and we're going to have to work at being able to establish a rational nexus between increased construction activity and increased burglary activities. If in fact, the police statistics show that there is a correlation between those two, then, you know, we may -- we would certainly be very comfortable in putting out there to the construction industry an exhortation for them to cooperate and help the City in doing its job. Commissioner Spence -Jones: Mr. -- with all due respect -- Chairman Gonzalez: All right. City ofMiami Page 19 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Spence -Jones: -- Mr. City Attorney, I mean, the reality is, yes, I'm hearing exactly what you're saying regarding the issue, but again, this is something that I feel would also be taken out of context, and from now, this would be another excuse as to why African Americans or Hispanic Americans that are working on certain jobs will not be able to work or people will find a reason for them not to work because of their priors. I think that this is a problem -- would not only be a problem for my district,• I believe that it'll be a problem in some of our other districts, just like in Allapattah and other communities, too. I just think that when one issue is happening in one person's disfrict, it should not flow over. To me, this sounds like more of a security issue. Tell them they're required to hire security on staff -- you know, on the grounds to prevent it. Hire police, if that's the case, but don't -- already, I'm having a issue with giving people in my community jobs on the construction sites. Chairman Gonzalez: All right. Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Chairman, I will be very brief on this. I think they're valid concerns. I think that the process that's presented to us, as we have discussed it in the past, is to discuss this item; bring it as a resolution. There's a lot of answers that have not -- a lot of questions that have not been answered. There's the enforcement aspect; who will pay for it? Maybe the effect on immigration, but I think that if we put it through the process, if we bring it back through a resolution, we could debate it, and then vote it up or down on the issue, so I -- the good thing is that I like to sit back and listen to my colleagues and hear the entire discussion on the issue, and then, at the end, I think that, as a legislative body, with all due respect, we could either vote it up or vote it down, but I think we should allow this to continue to the next process, which is a resolution, and I'm telling you, I'm going to be very honest with you. Just the word "volunteer" changed my mind because I was against it. I see -- I could relate to the concerns that District 5 has because I have them, but based on the word "voluntary" and possibly coming back with some languages, it might be able to assist the City on the crime issue, butt want to allow it to go to the next issue, which is to come back as a resolution, and therefore, we'll all be prepared to debate that item, either vote it up or down, but I think it's worth of a debate. Chairman Gonzalez: All right, so you instructing -- this is not a public hearing now -- Commissioner Spence -Jones: Mr. Chairman, if you -- Chairman Gonzalez: -- Leroy. Commissioner Spence -Jones: -- if -- I would like to ask, because we did allow for Grace to say something. I know Leroy Jones has worked a lot -- Chairman Gonzalez: Well, let me tell you, let me tell you. We -- I set some rules two meetings ago in reference to blue pages. Items that are for -- that are on the agenda as public hearing, I have no problem when people speaking, but that's the problem -- that's one of the basic -- Commissioner Spence -Jones: I agree. Chairman Gonzalez: -- problems that I have with the blue pages, that we convert blue pages into public hearings, and then we have two or three different sections of public hearing in the agenda, and you know, we need to have some order on how we manage this. Blue pages are items for discussion among the Commissioners, and to get the input from the Commissioners, as you has [sic] done very wisely and, you know -- Commissioner Sanchez has his chance; Commissioner Regalado; I'm not even going to spoke [sic] on the item. I tend to agree with you, because I think that is going to cause another effect on people being able to get jobs, so -- but like Commissioner Sarnoff says, let the City Attorney come up with a resolution; then we can City ofMiami Page 20 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 bring it back, discuss it, and let me tell you. I have to agree with you, and I have to agree with him, because let me tell you. Last week one of my neighbors, across the street from my house, her house got broken into, and she was about 95 percent sure that the guys that broke into her house were people that were in her house doing some work two weeks prior, to the extent that she ask the owner of the company, you know, have you check on this guy? How long has this guy work for you? The guy told them, he's been working with me for a month. The lady didn't like the look of the guy and the behavior of the guy while he was inside the house; you know, looking everywhere, you know, looking at things that he didn't had to do -- to look at. He had to do a job and that's all he should be doing. Well, guess what? You know, she told me I'm 90 percent sure that this guy -- she says the owner of the company is a very decent person, a reputable person; the other employees were about doing their own thing, you know, what they need to do, but this particular guy, I'm sure was the guy that came back with someone else, broke my window, got into the house, and stole her money, jewelry, you know, the whole (UNINTELLIGIBLE) thing, so both sides, I -- andl also agree with you, you know. We have a lot of people in our districts that are ex -convicts, you know, and they made a mistake in their life, and does that mean that they will never be able to have a life again? I don't think so. I mean, you know, everyone deserves a second chance, so -- Commissioner Spence -Jones: Mr. Chairman, I will ask for Mr. Jones to, at least, defer to what the Chairman's wishes are, but for the next upcoming agenda, we definitely will have some key points on why we think that this is important -- Chairman Gonzalez: Right. Commissioner Spence -Jones: -- that this will exclude or hurt a lot of people within our district, but I'll respect the Chairman on his request. Chairman Gonzalez: Thank you so much. Vice Chairman Sanchez: I believe a motion is in order. Chairman Gonzalez: A motion -- Commissioner Sarnoff Let me make a motion to have the City Attorney draft a voluntary ordinance that would -- Chairman Gonzalez: Resolution. Vice Chairman Sanchez: Resolution. Commissioner Sarnoff I'm -- apologize -- resolution that would address the flavor of what we discussed today about disclosure. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City ofMiami Page 21 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 10:30 A.M. PH.1 07-00380 Department of Community Development DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES PUBLIC HEARINGS A sign language interpreter translated discussion of items PH.1 and PH.2. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT GRANT FUNDS, IN THE TOTAL AMOUNT OF $58,738.57, FROM BLACK ECONOMIC DEVELOPMENT COALITION, INC, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS, TO NEIGHBORS AND NEIGHBORS ASSOCIATION, INC, TO PROVIDE TECHNICAL ASSISTANCE TO BUSINESSES LOCATED IN DISTRICT 5; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 22 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 07-00380 Legislation .pdf 07-00380 Exhibit .pdf 07-00380 Exhibit 2 .pdf 07-00380 Summary Form .pdf 07-00380 AD .pdf 07-00380 AD 2 .pdf 07-00380 Amendment 1 .pdf 07-00380 Pre -Legislation .pdf 07-00380 Pre -Attachment .pdf 07-00380 Contract Routing Form .pdf 07-00380 Memo .pdf 07-00380 Agreement .pdf 07-00380 Pre -Legislation 2 .pdf 07-00380 Pre -Attachment 2 .pdf 07-00380 Pre -Attachment 3 .pdf 07-00380 Pre -Attachment 4 .pdf 07-00380 Pre -Attachment 5 .pdf 07-00380 Pre -Attachment 6 .pdf 07-00380 Pre -Attachment 7 .pdf 07-00380 Pre -Attachment 8 .pdf 07-00380 Text File Report .pdf 07-00380 Pre -Attachment 9 .pdf 07-00380 Text File Report 2 .pdf 07-00380 Pre -Attachment 10 .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-07-0170 Chairman Gonzalez: All right. It's over -- it's 10:45, so now we can take -- Vice Chairman Sanchez: Public hearings. Chairman Gonzalez: -- PH.1. Barbara Gomez: Barbara Gomez, director of Community Development. PH 1, we're authorizing the transfer of Community Development grant funds, in the total of 58, 738.57, from the Black Economic Coalition, Inc. to Neighbors and Neighbors Association, Inc. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward. You're being recognized. Yes, sir. Leroy Jones: Good morning, Mr. Chair -- Chairman Gonzalez: Good morning. Mr. Jones: -- Commissioners. My name is Leroy Jones. I'm the executive director of Neighbors and Neighbors Association, 180 Northwest 62nd Street. I'd like to thank Community Development, Ms. Rodriguez and her staff for working closely with Neighbors and Neighbors Association. I think it speaks in volumes when a department head really feel good about directing some funds from one agency to another. It shows outstanding ability to get the job done, and I'm sure, if the City staff thought we wasn't doing a great job, it wouldn't take place, so City ofMiami Page 23 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 I think that alone speak in volume of our service. We committed to helping small businesses in the City ofMiami and Miami -Dade County, and also like to invite this great City, the City of Miami and the Commissioners, and you, Chairman, this Saturday, at 10:00. Well have the first graduating class of the micro enterprise businesses in the City ofMiami, the pilot program that we created in the City ofMiami. We'll have the first graduating class that took the nine -weeks course fast -track at Miami -Dade Community [sic] College graduating this Saturday -- Chairman Gonzalez: That's great. Mr. Jones: -- and the college is doing it big. They're going to have a stage out there. They're going to give them a certificate from the college graduating from that fast -track class, and it would just enlighten you just to see how much progress and how much those small businesses, and I would say more than half of them never been in business. This is a new experience for them, and in about, I think, 20 -- 23 or 24 of them is ex felons, you know, and I fight hard for that because I'm a convicted felon myself and just imagine if nobody gave me a chance, you know. Just imagine if everybody just looked at me -- because we can take a brush and we can paint everybody in the world, and I'm telling you, everybody done did something they have no business doing. Everybody that done lived on this earth long enough done made some mistakes. We all made mistakes -- Chairman Gonzalez: Yeah. Mr. Jones: -- you know, some of us just had to go pay -- you know, had to do our time for mistakes, and I'm one, you know, and I don't shy away from that. I ask everybody in this world, everybody in the City, forgive me. You know, I made some mistakes when I was younger, but it's not how you start the race; it's how you finish, you know, and I think I've done -- I've contribute - - I've accessed over $12 million for small businesses, over 12 million since 2000. Not too many people can say that, you know, and I just want to thank you all for giving me the opportunity for doing that. If it's anybody in this world CDBG (Community Development Block Grant) money has changed they life, it's mine. CDBG has changed my life for the better, and I appreciate that, you know, and I thank you so much, Ms. Rodriguez, and thank your staff and we had this micro business -- micro enterprise program is a great program, and I mean, the people -- the vendors, the recipient actually getting the money; the college course is paid for; they actually in business. You know, we got a whole -- I got a whole binder I'm putting together for each of you so you can see it when we finish with this course -- first course, you know, so that y'all can look at it and really see the impact that it's going to make, you know, for small businesses and people -- ex-felons that have made some mistakes in their life and now trying to turn their life around and do some great for this great city, so I thank you all so much -- Commissioner Spence -Jones: Thank you, Leroy. Chairman Gonzalez: Thank you. Mr. Jones: -- for this opportunity. Chairman Gonzalez: Thank you. Anyone else from the public? All right. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Need a motion. Commissioner Spence -Jones: Yes, I'm going to so move it I just --. Chairman Gonzalez: We have a motion. Commissioner Regalado: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." City ofMiami Page 24 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Commissioner Spence -Jones: Mr. Chairman, I just want to tell -- Chairman Gonzalez: Yes. Commissioner Spence -Jones: -- Barbara, again, thank you so much and thanks so much to Leroy. Very excited about what's happening with the college. I'm going to tell you, Commissioner -- Chairman Gonzalez, I went to one of the courses, and I was so surprised when I walked into that room, because usually when you ask people to take workshops, a lot of the businesses just don't have time. I mean, I couldn't find a seat in the classroom for nine weeks, so Chairman Gonzalez: That's good. Commissioner Spence -Jones: -- they ought to be commended for their hard work, and I'm very excited about what's happening with the program. Thank you. Chairman Gonzalez: Very good. PH.2 07-00381 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CREATION OF THE DISTRICT 3 Development DOWNPAYMENT ASSISTANCE PILOT PROGRAM; FURTHER AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $1,000,000, FROM THE LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD; ALLOCATING SAID FUNDS, TO THE DISTRICT 3 DOWNPAYMENT ASSISTANCE PROGRAM. 07-00381 Legislation .pdf 07-00381 Exhibit .pdf 07-00381 Summary Form.pdf 07-00381 AD.pdf 07-00381 AD 2 .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-07-0171 Chairman Gonzalez: All right. PH.2, fransfer offunds. Barbara Gomez (Director, Community Development): PH.2, we're requesting approval to transfer $1 million from the Little Havana Homeownership Advisory Board to create a fund for Disfrict 3 down payment assistant [sic] as a pilot program. Our down payment assistant [sic] program is currently closed. We have gotten a request from the Little Havana Homeownership Advisory Board to fransfer these $1 million to create a homeownership down payment assistant [sic] in Disfrict 3. Chairman Gonzalez: All right. This also requires a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, City ofMiami Page 25 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 public hearing is closed. Need a motion. Vice Chairman Sanchez: So moved, Mr. Chair. Commissioner Spence -Jones: Second. Chairman Gonzalez: Have a motion, second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. City ofMiami Page 26 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 RESOLUTION RE.1 07-00395 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Office ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENTS, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI GENERAL EMPLOYEES, AFSCME LOCAL 1907, FOR THE PERIODS OF OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2007 AND OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010. 07-00395 Legislation SUB.pdf 07-00395 Exhibit 1.pdf 07-00395 Exhibit 2.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0169 Chairman Gonzalez: Commissioner Jones [sic], you have any pocket items? Commissioner Spence -Jones: No, sir. Chairman Gonzalez: No pocket items? You done with yours. I don't have any. It's 10:28. Let's see, it's nothing we can take here. Priscilla A. Thompson (City Clerk): We do have -- Chairman Gonzalez: The -- all right. This supplemental agenda, is this part of a public hearing, too? Ms. Thompson: You can go to that now, and you also still have some items left in your regular agenda on here, your RE.1. Chairman Gonzalez: RE.1. Jorge L. Fernandez (City Attorney): RE.1 is your collective bargaining agreements. Chairman Gonzalez: But that's under the public hearings section, isn't it? Ms. Thompson: But you -- right now, that one wasn't advertised for 10:30; only the P -- the CDBG (Community Development Block Grant) items were 10:30. Chairman Gonzalez: All right. Let's take RE.1, then. Charlie. Pedro G. Hernandez (City Manager): Mr. Chair, ifI may, before Charlie comes to the podium. The -- it's a set of two contracts, two 3-year contracts. The AFSCME (American Federal, State, County, and Municipal Employees) union had been without a contract since 2004, and we have a three-year contract that will take it through the end of this fiscal year, and then we have a second three-year contract that will take it through the end of September of 2010. I understand the contracts were ratified by the Union this last Monday, and I believe that after a lot of negotiations with the Union, we have come up with what I believe is a fair and equitable contract City ofMiami Page 27 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 for the Administration and also for the employees. I can go into further details, but maybe Charlie should address you now. Chairman Gonzalez: Charlie, please. Charlie Cox: I just want to get up here and thank everybody. Chairman Gonzalez: OK. Mr. Cox: If you have any questions, I'd be happy to answer them, but I could tell you that I've never had 500 people ratify a contract before, and we had almost 900 people ratify both contracts. Chairman Gonzalez: That's great. Any -- Mr. Hernandez: I want to point out that, basically, AFSCME is composed of about 1,200 employees, and that's about 30 percent of the workforce of the City ofMiami. Chairman Gonzalez: Great. Any questions from the Commissioners? Yes, Vice Chairman. Vice Chairman Sanchez: I don't have any questions. I'm just so pleased to see that we've been able to come to an agreement on the terms that you so deserve. One thing that I always emphasize is that I've had the experience, not only as the legislator here or policy maker, to sit on this side of the table, but I've also had the opportunity to sit on your side of the table, Charlie, and I know it's tough. It's tough for you and it's tough for the City, and one message that I always like to put out there when we -- we're approached by City employees that, you know, are asking for input as to the confract negotiations, and there's a process that's well defined; that process is a very complicated process, and one thing that I hear is, you know, we -- you know, our department, our department. I always say, well, you know, it's not really your department; it's really the City. We, we are the City. We all work for the City. The City, I always describe it as the goose that get -- that lays the golden egg, and we gotta protect that golden egg, but I could tell you this much, the greatest resource that we have in this city are our City employees. They are the backbone of this city. They are the service providers, and government is a service provider. All we do is -- when people ask, well, what is your responsibility? Well, I make sure that your garbage is picked up. I make sure that we're able to address the issues on a local basis, but we are a service provider, whether it's firefighters, whether it's the police, whether it's all the City employees that either make contact with the public, and we're there to work for them, so after a long and lengthy process of a confract negotiation -- and you know, it gets heated. It gets heated. You know, the Police has to go out there and do what they have to do. The Fire has to go out there and do what they have to do. I could tell you one thing that I am very proud of. There has not been one instance, where I have been a Commissioner, where there has been a disrespectful situation. There's always been respect. We could agree to disagree, as long as there's respect, but I think that overall, when it's put out, that we're able to come to an agreement, where it has been ratified by those numbers, it is something that we, as legislators, whether you're from one branch or the other, can be very proud that we are making progress on this, so Charlie, I command [sic] you. I know at times you want to talk to me about the issue, and I say, hey, you know, go through Administration, and when it comes to us, I'll review it. You have to ratify it by your members, and then it comes to us, and then ifI think it's good for the City -- I think this confract is good for the City. You gave up some things; we made -- we gave up some things, and that's the art of compromising in this situation. Now, I encourage all those that have not come to an agreement to continue to work with the City, to continue to work so we could come to a -- an amicable agreement where we could continue to work together and serve the people of this great City ofMiami. Thank you, Charlie. Thank you, all the people that have labored so hard in this negotiation, and for your patience, and Mr. Chairman, also for your patience. Thank you. City ofMiami Page 28 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: Thank you, sir. Any -- Commissioner Spence -Jones: Thank you, Charlie. Chairman Gonzalez: -- further comments? Commissioner Regalado: I -- Commissioner Sarnoff Sir. Chairman Gonzalez: Yes, Commissioner Sarnoff. Commissioner Sarnoff I just want to say congratulations to Charlie. He's a person I've come to know and respect for many years, and I think he did a great job for himself and I think the City did a great job for us, as well. It's a great compromise. Mr. Cox: Thank you. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Just also say congratulations, butt would like to add that we still have several other unions pending, and one of my colleagues just said that the other union should work with the City. I see this as a two-way street. The City needs to work with the unions. The unions need to work with the City, and we should not have any personal or personality issues, because this is about the City residents and the service that they get, and you know, when talking about the unions working with the City, I remember -- I was here when some people fry to abolish the City ofMiami, and the Police union, the Fire union, you, we all campaign in the streets ofMiami for the City not to be abolished, and we won; eighty -some percent, we won, and since that time, the unions and the City has not been adversaries, and what we've seen now is that there is some issues, and hopefully, this is a two-way sfreet, and we will get all the contracts, because the only beneficiary is the residents of the City ofMiami, so thank you, and thank you, and hopefully, we will have union presidents standing there very soon and being congratulated. Chairman Gonzalez: Commissioner Jones [sic]. Mr. Hernandez: Mr. Chair, if you allow me real quick. I want to concur with Commissioner Regalado's comment. It is a two-way sfreet, and I want to recognize the fact that both sides are working, you know, together very vigorously. I do respect their positions. They understand ours. We have a good understanding of the remaining issues, and we'll continue to work forward, as we're doing today, to get this done. Chairman Gonzalez: Charlie, all I have to say is that I'm glad that finally, you know, your people have a contract, and congratulate you and your members, you know, on this new contract, and I know you had to give some things, as my colleague said, butt realize that when you're here representing your members and you're, you know, proposing that we ratify this contract, it's that you're satisfied and that you -- I think that you finally, you know, reach most of what you wanted for your members and for yourself, so I congratulate you once again. You're a good fighter and you're a strong fighter, and you know, and you persist, and that's why, you know, you're successful, so congratulations. In reference to the other unions, I hope that we continue to work hard on Police, Fire, and Solid Waste, and Mr. Manager, let me tell you, and I don't want to open a can of worm here, but let me tell you how I feel. I'm very -- and I have been very, very concerned about what's going on with the Police Department. We keep losing policemen. We keep losing officers. Services are going downhill, OK. They can't recruit because we don't pay salaries that are, you know, acceptable for the people that want to be City ofMiami Page 29 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 police officers, and they're going to other departments. I found out that we went to Miami -Dade Community [sic] College, to the law enforcement academy, trying to recruit some people for the City. Six people said yes, and when we went back, five of the six said no; some went to Coral Gables, some went to Hialeah, and that keeps happening over and over and over, and you know, and another concern is that the officers that we have out there, they're working under tremendous, tremendous pressure, tremendous pressure that's very dangerous for them and for the citizens. You know, we need to -- I don't know, you know -- I don't know how, but we need to finalize this, and you know, come with an agreement with Police and Fire, and especially Police; we're going to have a serious situation in this city. A whole bunch of officers are going to this new city, Miami Gardens. I have two or three friends that are leaving, that are going to Miami Gardens, OK, with much better salaries, much better benefits, and I don't know what are we waiting. El [sic] Doral is going to open a police department pretty soon. Do we want to wait and have another 80 officers go to El [sic] Doral? I mean, pretty soon we're going to have a critical situation, and I said -- I remember years ago, and I was the only one that said it in this dais. I was -- and I was criticized for saying it. Eventually, one day we're going to have to go out there and hire the Boy Scouts to take care of our city if things keep going the way they're going, and let me tell you, we're getting there, we're getting there. I know the problems that we're having; that we don't have enough officers to cover the shifts; they have been working overtime, excessive overtime; they're loaded with work; they're loaded with calls, you know. We need to -- we need -- we have a responsibility. We have a responsibility with the citizens of this City, but also, we have a responsibility with our employees, and we need -- I mean, there has to be a way that we can come to an agreement. We came to an agreement with Charlie. Charlie is not an easy negotiator. Charlie's tough, and you know, I mean, why can't we do it with the other unions? Let me tell you, that's my concern. I'm very concerned about police -- about the Police Department, very concerned, because I'm out there day and night, and I know what they're going through, and I know the things that are happening in the Department, so I'm just want to give you that thought. Commissioner Spence -Jones: Mr. Chairman, I just -- I'm sorry. Chairman Gonzalez: Yes. Commissioner Spence -Jones: You have some --? I know we're going to go ahead and -- I do want to just say congratulations to Charlie for working hard and making sure that he got it done, and I'm glad that we were able to, at least, get past one of them. I also want to, at least, acknowledge the City Manager staff Michelle Pina, I believe, Charlie mentioned the last time that she was -- you guys were in the midst of making it happen, but at least acknowledge them for Mr. Hernandez: She keeps him calm. Commissioner Spence -Jones: -- their hard work. Rosalie and whoever else was on the team -- Mr. Hernandez: Hector Mirabile. Commissioner Spence -Jones: -- I just wanted to, at least, publicly acknowledge the both ofyou for working it out. Just like my other colleagues said, I do have a grave concern, and I don't want to rain on your parade because you guys do have a victory, but do want to, at least, say on my end, after being here for a little more than a year now, that I'm hoping, you know, that we are, at least, coming to some sort of resolution on the other unions. I do know that ftom just being out in the neighborhoods that the morale for the Police Department is at a all-time low, and a lot of that has to do with, you know, nothing not moving in the pace that it should, so I'm hoping the same zest that you put into making that happen, we have some sort of positive resolution for them because we cannot afford to have -- with everything that's happening in all of our neighborhoods, we cannot afford to have a police department that has a very low morale, so City ofMiami Page 30 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Mr. Manager, if you could just ask -- I don't -- can you, at least, give me some sort of sense? Are we a little closer than what we were the last time we had this discussion? Mr. Hernandez: Mr. Chairman and Commissioners, if it was that easy, would have been done six months ago. I do concur with all your statements. I want to get it done quicker, probably than anybody else. I would love to put this behind us and move on to other things, but I also have to be responsible to you and to the citizens ofMiami, and I have to come back with a solution that is responsible and financially sound. There's no two ways about it. It's not you're putting me in a difficult spot. I want to get it done. I feel the pressure from you to get it done, too, but it has to be something that is sustainable, that we can afford, and it's financially sound. Otherwise, you will think that I haven't done my job, and I work hard at it. I press my people. We both know -- when I say we both, the Administration, the Union -- we understand the issue. We know where the negotiation has to lie in order to provide the pension solutions that will make it sustainable, and I'll continue to put all my energy to work with them to come up with a solution, and I'm going to try my hardest. We did Charlie because I wanted to move forward and show and give a sign and a message that we mean it; that we're committed to get this done, and we'll continue to work with them. We have meetings even tomorrow, and we'll continue, and I'll give you my commitment, I'll do all I can to get this done for you and for the citizens. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: I would move RE.1, as amended -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- ratifying the collective bargaining agreement. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Unanimous vote. Vice Chairman Sanchez: Congratulations. Chairman Gonzalez: Congratulations once again. Mr. Cox: I'd like to thank the Mayor, the Commission, all of you, and on behalf of myself and the 1,141 members I represent, also the City and all of their bargaining team, and I think my members spoke highly of what they thought how we were being treated, and I would hope that the next time, you have three other unions up here together. Thank you. Chairman Gonzalez: Thank you, Charlie. City ofMiami Page 31 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 DISCUSSION ITEM DI.1 07-00265 DISCUSSION ITEM PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: - BAYFRONT PARK MANAGEMENT TRUST - CIVIL SERVICE BOARD - CODE ENFORCEMENT BOARD - EQUAL EMPLOYMENT ADVISORY BOARD - PARKS ADVISORY BOARD - COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY BOARD - MAYORS INTERNATIONAL COUNCIL - LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD - COMMUNITY TECHNOLOGY ADVISORY BOARD 07-00265 Cover Page.pdf 07-00265 Submittal CSWM Memo.pdf 07-00265 Submittal Parks Project Status Report.pdf 07-00265 Submittal Equal Opportunity Annual Report.pdf CONTINUED Item DI. I was continued to the Commission meeting currently scheduled forApril 12, 2007. City ofMiami Page 32 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 PART B Chairman Gonzalez: All right. Now we're going to begin with the Planning and Zoning agenda. Mr. City Attorney, will you please read the procedures for the Planning and Zoning agenda, and then we need to swear in the people that are going to testify. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, Commissioners, members of the public, P&Z (Planning & Zoning) items shall proceed as follows. Before the PZ agenda is heard, all those wishing to speak will be sworn in by the City Clerk. Staffwill then briefly describe the item and the history of the same, whether it's an appeal, a special exception, a variance, a vacation, a text amendment, a zoning change, a Comprehensive Plan, a land use change, a MUSP (Major Use Special Permit), and they would also then give you their recommendations. Immediately after staff concludes, then either the appellant or the petitioner, or the applicant, as the case will -- is will present their position. The Chair has already announced that you will give attorneys representing the parties ten, fifteen minutes? Chairman Gonzalez: Equal amount of time. If they consume -- Mr. Fernandez: Equal amount of time. Chairman Gonzalez: -- five minutes, the other side will have -- Mr. Fernandez: Correct. Chairman Gonzalez: -- five minutes. If they consume ten minutes, the other side will have ten minutes. Mr. Fernandez: Then, after the appellant or the petitioner has made their presentation, then the appellee or members of the public will present their position, as the case may be. Members of the public will be permitted to speak on every item or on every petition, subject to the limitations imposed by the Chair, andl believe -- Chairman Gonzalez: And that will be two minutes for the general public, two minutes. Mr. Fernandez: Petitioner may ask questions of staff as well as anyone may ask questions of any presenter, but all questions need to go through the Chair. At the conclusion, the appellant or the petitioner will be permitted to make final comments. After final comments are made, then the Chair will close the public input portion of the public hearing and take the matter back to the Commission for deliberation and for a decision. Mr. Chairman. Chairman Gonzalez: All right. Madam City Clerk, you need to swear in the witnesses or the people that are going to speak. Priscilla A. Thompson (City Clerk): Those of you that are here, if you are speaking on any P&Z item, I need you to please stand and raise your right hand so I can swear you in. The City Clerk's comments were translated into Spanish by Rene Ramos, official Spanish interpreter. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Gonzalez: Thank you. City ofMiami Page 33 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Mr. Fernandez: Mr. Chairman, let me also read now for the P&Z (Planning & Zoning) hearing the new provisions that are in effect with regard to disclosure. We read them at the beginning of the meeting today, but there are many individuals here who were not here at the time. Any person or entity requesting approval, relief or other action from the City Commission concerning any issue shall disclose, in writing, at the commencement of the hearing on the issue the following information: Number one, whether any consideration has been provided or committed, directly or on its behalf to any entity or person for an agreement to support or withhold support [sic] to the requested approval, relief or action; number two, to whom the consideration has been provided or committed; number three, the nature of the consideration, and last, a description of what is being requested in exchange for the consideration. The disclosure form, which is available from the City Clerk, must be read into the record by the requesting person or entity prior to submission to the City Clerk. These requirements of disclosure will be reduced to an ordinance that you will be considering April 12. However, at your last City Commission meeting, you passed a resolution putting this into effect immediately, and so anyone appearing in front of you, it is my opinion, needs to make those disclosures. This is not to be confused with the already -existing disclosure requirements that lobbyists have to make. These requirements apply to, as the -- as I have read, to the applicant or to the entity or person requesting approval, relief or other action. Does not apply to general members of the public; it applies to the requesting party. It may be that the requesting party, in essence, is being represented by a person who is also a registered lobbyist, but that does not mean that the two are to be confused. The registered lobbyist registers and complies with all the lobbyist provisions, but if appearing on behalf and speaking for the applicant, must then, in addition, meet these requirements that have been outlined. Thank you, Mr. Chairman. Chairman Gonzalez: Thank you. "[Later...]" Chairman Gonzalez: Madam City Clerk, I think that you need to sworn everybody again, just in case we have people here now that haven't been here in the morning. Ms. Thompson: Good afternoon. If you are inside the room here and you plan to testify on any P&Z (Planning & Zoning) items and you were not sworn in already, I need you to please stand and raise your right hand so we can swear you in. Chair, may I ask, in Spanish, if anyone needs an interpreter or if they understand what we're saying? Chairman Gonzalez: You want me to ask in Spanish? Ms. Thompson: He's coming right now. I just want to know if anyone needs an interpreter or do they understand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Gonzalez: All right. Mr. City Attorney. Mr. Fernandez: Yes. Chairman Gonzalez: We might have people here that were not here in the morning. Do you want to read the order of the day? Mr. Fernandez. Yes. With regard to P&Z items, the following will be observed. Before the P&Z City ofMiami Page 34 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 agenda is heard, all those wishing to speak will be sworn in by the City Clerk. You have just done that. The first thing that would happen when an item is called, staff will briefly describe the item that will be discussed, whether it's an appeal, a special exception, a variance, a text amendment, a zoning change, a comprehensive land use change, a MUSP (Major Use Special Permit), whatever item it is will be described by staff. They will give the history of that item, and then they will make their recommendation. Immediately after staff speaks, then the appellant or the applicant will present their position on that item. If it's an appeal, immediately after the appellant, the appellee will present their respective position. If it's just a regular application, then the members of the public, anybody in favor or opposing the item, will have an opportunity to speak. The Chair has determined that attorneys appearing on behalf of clients will have equal time to make their presentation, and he will limit the time ranging between ten to fifteen minutes, certainly expecting your cooperation to make it quick, thorough, and complete in that period of time. However, for members of the public, speaking in favor or in opposition to an item, the Chair has indicated that it [sic] will allot two minutes per presenter. Members of the public will be permitted to speak on every single item on this portion of the agenda, and everyone will be entitled to ask questions of any presenter, so long as the questions are addressed through the Chair. After the presentations are made, the Chair will -- the appellant or the applicant will have a final opportunity to wrap up their presentation. They get to go last. They went first;; they also go last. After they conclude -- after the appellant or petitioner concludes their closing remarks, the Chair will then close the public input portion of the public hearing and take the matter back to the Commission. At that point in time, the Commission will engage in their own deliberation of the item, and then the item will be voted up or down. Also, Mr. Chairman, like to make sure that everyone is aware of the fact that starting today there is a new set of rules -- disclosure rules that are being observed. These rules, I need to -- I hasten to add upfront, do not impinge; do not change the rules governing lobbyists. Lobbyists are still subject to the lobbyist rules, but these rules now apply to applicants, not to anyone else; only to applicants, and this is the rule, in essence. Any person or entity requesting approval, relief or other action from the City Commission concerning any issue shall disclose, in writing, at the commencement of the hearing the following information: Number one, whether any consideration has been provided - - and by consideration, we mean value, something of value -- or committed, directly or on its behalf to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action; number two, the disclosure also has to be regarding the person to whom the consideration -- person or entity to whom the consideration has been provided or committed; number three, the nature of the consideration, and last, a description of what is being requested in exchange for the consideration. The disclosure form, which is available from the City Clerk, must be read into the record by the requesting person or entity prior to submission to the City Clerk. In other words, as anyone's -- as the applicant would stand up to speak on any item in front of the Commission today, you must disclose if any item of consideration has flowed from you, the applicant, to anyone else relative to this item. Chairman Gonzalez: Thank you, sir. PZ.1 07-00199mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE LOFT 3 PROJECT, TO BE LOCATED AT APPROXIMATELY 201 AND 229 NORTHEAST 2ND AVENUE AND 200 NORTHEAST 3RD STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 398-FOOT, 31-STORY HIGH MIXED USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 495 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 14 TOTAL PARKING SPACES FOR RETAIL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING City ofMiami Page 35 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00199mu - Loft 3 MUSP.pdf 07-00199mu CC Zoning Map.pdf 07-00199mu CC Aerial Map.pdf 07-00199mu CC Projects in the Vicinity.pdf 07-00199mu PAB Reso.PDF 07-00199mu CC Legislation.PDF 07-00199mu Exhibit A.pdf 07-00199mu Exhibit B.pdf 07-0199mu CC Fact Sheet.pdf 07-00199mu - Front & Inside Cover..PDF 07-00199mu - Table of Contents..PDF 07-00199mu - I. Project Information (A to J)..PDF 07-00199mu - I.A Letter of Intent..PDF 07-00199mu - I.B Major Use Special Permit Application..PDF 07-00199mu - I.0 Zoning Write-Up..PDF 07-00199mu - I.D Zoning Data Sheet..PDF 07-00199mu - I.E Project Data Sheet..PDF 07-00199mu - I.F Deed-Computer..PDF 07-00199mu - I.G Ownership List..PDF 07-00199mu - I.H State of Florida Documents..PDF 07-00199mu - 1.1 Owner's Authorization Letter..PDF 07-00199mu - I.J Directory of Project Principals..PDF 07-00199mu - II. Project Description -A Zoning Ordinance No. 11000..PDF 07-00199mu - III. Supporting Documents(Tab.1 to Tab.6)..PDF 07-00199mu - III.Tab.1 Minority Construction Employment Plan..PDF 07-00199mu - III.Tab.2 Sufficiency Letter & Traffic Impact Analysis..PDF 07-00199mu - III.Tab.3. Site Utility Study..PDF 07-00199mu - III.Tab.4. Economic Impact Analysis..PDF 07-00199mu - III.Tab.5. Survey of Property..PDF 07-00199mu - III.Tab.6. Drawings Submitted..PDF 07-00199mu Submittal License Agmt.pdf 07-00199mu Submittal License Agmt II.pdf LOCATION: Approximately 201 and 229 NE 2nd Avenue and 200 NE 3rd Street [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of TRG-Downtown Lofts III, Ltd., Contract Purchaser, and Rafael Kapustin, as Trustee, Colon Building, Inc. and Metropol Building, Inc., Owners FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on March 7, 2007 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Loft 3 project. City ofMiami Page 36 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 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-07-0177 A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Spence -Jones absent, to table item PZ.1 until a representative from Off -Street Parking Authority is available to address the City Commission in reference to the availability of parking. Chairman Gonzalez: PZ.1. Good morning. Roberto Lavernia (Chief of Land Development): Good morning. For the record, Roberto Lavernia, with the Planning Department. This is a Major Use Special Permit for the Loft 3 project, approximately 201 and 229 Northeast 2nd Avenue, and 200 Northeast 3rd Street. It's going to be a 398-foot, 31-story high building, with total of 495 residential units, 14,000 square feet of retail, and 14 total parking spaces for retail. Planning Department is recommending approval. The Planning Advisory Board recommend approval with conditions. The condition, number 11, I'm going to read it for the record. Pursuant to the design related comments received by the Planning director, the applicant shall meet the following conditions: (a) articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas; (b) provide a sidewalk with consistent pattern and height across vehicular areas; (c) vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with a ramp slope being the maximum allowed by Public Works. That's it. Thank you. Chairman Gonzalez: Lucia, good morning. Lucia Dougherty: Good morning, Mr. Chairman, members of the Board. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owners and the applicant. With me this morning is Oscar Rodriguez and Rafael Kapustin, and also Luis Castellion. Before we get started, I just want to make clear that I am not supposed to disclose my remuneration for supporting this project, nor are our architects -- Commissioner Sarnoff (UNINTELLIGIBLE) though? Ms. Dougherty: Huh? I just want to make sure that that's not where it -- because I -- Commissioner Sarnoff No. Ms. Dougherty: -- wasn't clear on it. Commissioner Sarnoff No, it's not. It's not. Ms. Dougherty: OK. Commissioner Sarnoff We're all curious, and if you'd like to voluntarily, we'd like to know, but - Ms. Dougherty: I've always been told don't volunteer, so -- this is a project, which is located in the CBD (Central Business District), downtown. It's one of actually three -- this is the last of the three Lofts 1, 2, and 3 projects. It's located on 3rd Avenue. It's right here. I don't know if you can see this very well. Lofts 1 is already CO'd (Certificate of Occupancy) and completely occupied; Lofts 2 is under construction. We expect to have a CO in June, and Lofts 3 is the one City ofMiami Page 37 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 that's being proposed right now. It is directly west of the Everglades. It's on 3rd Avenue, and it's immediately abutting a Metromover station. There is also a parking garage literally across the street, west of the project, and that's where our parking is an existing City parking garage, and we have entered into a license agreement with this garage to provide 495 spaces for the project downtown. This is a -- an affordable living project in downtown, in the core of downtown. It is -- the prices that are starting -- the starting prices for the project is $159, 000. It is -- they -- it has been a very successful project, Lofts 1 and 2. We're getting folks downtown who are living and working and using mass transit, and with that, I'd like to have Larry Freedman make the presentation. Larry Freedman: Good morning. My name is Larry Freedman. I'm an architect with the firm of Cohen Freedman Encinosa, with offices at 8085 Northwest 155th Street. As Lucia mentioned, this is the third of the Lofts 3 -- Lofts projects, and the basic design of the Lofts 3 project draws from the original architecture of the first two projects, Lofts 1 and 2; 1 being complete, and again, 2 is currently under construction. The structure consists of 495 units, both one- and two -bedroom apartments, with approximately 14,000 square feet of retail at the ground level. The tower is 28 levels at the north section and 32 levels on the south section, and above that, the architectural element conceals the cooling towers, and tops off the tower at approximately 400 feet. At the lower level, the ground floor residential lobby is oriented towards the pedestrian traffic along Northeast 2nd Avenue, and loading and services are to the rear, parallel to the Metromover -- Lucia's pointing that out to you right now -- and the remainder or the balance of the ground floor is dedicated to retail space, fronting on the three perimeter streets. As we move up in the tower, the second level, there's a clubroom that's oriented towards the Northeast 2nd Avenue, and continue on, 3rd through 27th floors is residential units. At the 28th level is our recreation deck, where we have the pools, spa, health club, that should afford a beautiful view for the rest of the city or for the City, and continue on, from the 28th to the 31 st level a residential units, and the tower tops out at the 32nd level with the penthouse units, and again, the Lofts 3 is designed to complement the first two towers, and we hope and we believe that we're going to add an exciting element to the City's skyline with a bold architectural statement. Vice Chairman Sanchez: All right. Madam Applicant, anyone else? Does that conclude your presentation? Ms. Dougherty: It does. Vice Chairman Sanchez: All right. Is there anyone in opposition to this item? Please step up; state your name and address for the record. Bryan Sereny: My name is Bryan Sereny. I am a resident and owner of Loft 1, and I was asked to come here by some other residents. Vice Chairman Sanchez: But you're -- are you representing yourself or --? Mr. Sereny: Myself. Vice Chairman Sanchez: OK. Mr. Sereny: Correct. These people wanted to introduce this project, but they failed to give you the whole picture. Instead, they give you half-truths. Four hundred and ninety-five units to be built in this location today would be a great travesty. First of all, the City parking garage across the street only affords a one-year lease for these 495 units, so one year after completion, these people will spill out into the streets and not have parking. There's not enough parking today for current residents of Loft 1. There's a eight plus month waiting list to get a additional space. As an owner, I can't get a second space, so parking is an issue. Currently, there is not a need for additional housing in the area. Loft 3 has presold the majority of the building to basically City ofMiami Page 38 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 investors. They sold in a very short period of time. Proof in this is found in the fact that cheaper, identical units are available in Loft 1 and 2 and remain unsold for many, many months. Finally, this project, at the very least, should be delayed in its permitting, until Everglades on the Bay and Loft 2 are completed. At Loft 1 we have to face construction on two sides of the building, in two directions, and there's a lot of concrete, litter and trash, loud noises from the buildings that disrupts the lives of the people who live there today. With a third building going up on the three sides, we'll be surrounded by construction, and that's just absurd for you to approve that today. That should be delayed at least for a year and a half to two years before the other buildings are completed, and let me see. Priscilla A. Thompson (City Clerk): I'm sorry. Chair, the timer's not working, but it has been two minutes. Vice Chairman Sanchez: All right. Mr. Sereny: OK. Vice Chairman Sanchez: Sir -- Mr. Sereny: That's it. Vice Chairman Sanchez: -- two minutes. Anything you want in conclusion? I'll give you -- Mr. Sereny: In conclusion -- I mean, I've pretty much stated the three points here, and I hope you take those to heart in your decision -- Vice Chairman Sanchez: Thank you. Mr. Sereny: -- this project. Commissioner Sarnoff Stay up to the microphone. Mr. Chair, you mind ifI ask some questions? Vice Chairman Sanchez: Sure. Chair -- through the -- Commissioner Sarnoff I only got your -- I apologize calling you Bryan. I didn't get your last name. Mr. Sereny: Bryan Sereny. Commissioner Sarnoff Sereny? Mr. Sereny: Yes. Commissioner Sarnoff Sereny, all right. Mr. Sereny, when did you buy in the Lofts, how long ago? Mr. Sereny: I bought before Loft 1 was completed -- Commissioner Sarnoff So you -- Mr. Sereny: -- and I was one of the first residents. Commissioner Sarnoff -- you're in Loft 1 ? City ofMiami Page 39 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Vice Chairman Sanchez: 1. Mr. Sereny: Correct. Commissioner Sarnoff What is your park -- how do you park, and describe to me what your understanding of the agreement is with Loft 1. Mr. Sereny: Loft 1 parking has a 30-year lease with the garage across the street, so I have a gated parking space towards the top of the garage, one space. I own a two -bedroom unit in the building, and -- Commissioner Sarnoff And how many -- Mr. Sereny: -- I've been waiting for a second space; I can't get one. Commissioner Sarnoff -- people have cars in your unit -- of your unit -- of your two bedroom unit? Mr. Sereny: I own two vehicles. Commissioner Sarnoff You own two vehicles, OK, and how many parking spaces are available in that parking garage? Mr. Sereny: I don't know the total number, but there's one per unit dedicated to my building. It's about -- Commissioner Sarnoff To Lofts 1. Mr. Sereny: -- 220 spaces for Loft 1 -- Commissioner Sarnoff OK. Mr. Sereny: -- 495 for Loft 3, the same number, you know, per unit for Loft 2, but Loft 3 does not have a long lease. They only have a one-year lease for parking. Commissioner Sarnoff Here's my question, and my question to you is, Lofts 1 and 2, do they take up all the parking in that available garage? Mr. Sereny: They take up the majority of the garage space, and during any special event in the Airlines Arena or Bayfront Park, that garage is one of the primary lots used for parking for those events, so the building is filled up on a regular basis. Commissioner Sarnoff What's the next closest garage? Mr. Sereny: The next closest public garage or garage in general? You mean -- Commissioner Sarnoff Well, you're right. Public -- Mr. Sereny: Miami -- Commissioner Sarnoff One that could be used. Mr. Sereny: -- Dade College has one on 4th Street and Northeast 2nd Ave. Commissioner Sarnoff What's the distance? City ofMiami Page 40 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Mr. Sereny: It's probably a hundred yards. Commissioner Sarnoff So I could see on the graphic -- Mr. Sereny: I could point it out. Commissioner Sarnoff -- there. Can you just point it to me? Mr. Sereny: There's a garage here. Right here is a garage -- Ms. Thompson: Excuse me one second. I'm sorry. Mr. Sereny: -- and there's a garage here. Ms. Thompson: I'm sorry. Bryan, just -- Mr. Sereny: I'm also a local real estate expert on the condominium inventory here, so there's a garage here and a garage here, and this is a public garage. Right now it's not very easy to go from here to here. Many people come to this building opt not to purchase here because of the parking situation, which is about to get worse, so there are units in this building that are not selling, that are less expensive in Loft 3. Loft 1, 2, and 3, architecturally, are identical inside, or virtually identical. They have exactly the same kitchens and bathrooms, ceiling heights, glass; designed by the same firm. It's basically the same thing, and in this building, units were sold at higher prices than are here, higher prices than in Loft 2 -- I have people who are trying to sell units in Loft 2; they cannot sell their units. Investors -- these aren't -- you know, when you have a building that's three years away from completion and it sells out in a matter of weeks, that's not local demand. That's investors who are led to believe that, hey, put five percent down, and that's it, and you could secure a unit here, and there's a false promise of -- Commissioner Sarnoff I'm not -- Mr. Sereny: -- reselling in the future. Commissioner Sarnoff -- don't get -- don't take this disrespectfully; I'm not concerned about investing. Mr. Sereny: OK. Commissioner Sarnoff I'm more concerned about parking. You've -- the building that is in purple, that's the garage that you have a lease with, right? Mr. Sereny: Purple is Everglades on the Bay. This is a -- Commissioner Sarnoff I'm sorry. That's the one you have the lease with, right? Mr. Sereny: Right here. Commissioner Sarnoff And the other two parking garages you pointed out -- Mr. Sereny: Here -- Commissioner Sarnoff -- here. Mr. Sereny: -- and there's -- this is a private garage and this has something to do with the City ofMiami Page 41 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 university. This is too far away for -- I mean, this is very -- this would be so inconvenient if you put people here to park; it would make no sense at all. This building should have parking. Every other building in Miami has parking, except for these Loft 3 buildings, and this -- the other projects that are going to come after this, all have parking. Commissioner Sarnoff OK. Mr. Sereny: I mean, that, in itself I think -- I don't personally think it should be permitted without parking. Then there's the issue of having to suffer through these two buildings under construction today, and proposing to start this this year. Look at this building. Imagine what it would be like to live here surrounded by these construction sites on all three sides. Right now it's pretty bad. That's -- that would just be horrible. Ms. Dougherty: Mr. Commissioner. Commissioner Sarnoff You purchased your unit understanding that you had a 30-year ability to have one car. Mr. Sereny: Correct. Commissioner Sarnoff You paid for that or is that part of --? Mr. Sereny: That's part of the maintenance. Commissioner Sarnoff OK. Mr. Sereny: It's a lease -- the building has a lease with the garage -- Commissioner Sarnoff All right. Let me -- Mr. Sereny: -- so it's paid -- Commissioner Sarnoff Thank you. I appreciate you -- your expertise and your factual background. Mr. Sereny: Thank you. Ms. Dougherty: Mr. Commissioner, I need to have Oscar Rodriguez address some of these issues, butt will pass out a copy of our license agreement with the garage, and it's a for -- it is for a successive one year of periods in each unit's sole discretion, as long as the municipal garage is open, so they are renewable one-year terms. Oscar Rodriguez: Good morning. Oscar Rodriguez, senior vice president, The Related Group of Florida, president of Related Affordable. I just need to state for the record that there are several inaccuracies with what has just been stated, and let me start first with the issue of the parking. First of all, municipal garage number 3, which is the garage that we're speaking about directly west of this site, houses approximately 1,417 spaces in that garage. Loft 1, which was built about four years ago, has a 250-space, not 220, lease, and it's much longer than 30 years. It's an original 30-year term, with re -- with a renewable options, so having said that, this gentleman, who was able to afford a unit in Loft 1 as a result of the mitigated costs that this ordinance, which, by the way, does not only contemplate public garages, off -site parking can be met in a privately -owned garage as long as it's a structured parking. He can, this gentleman, very well go to Mr. Noriega and get an additional monthly pass, as many people do in the Central Business District. He can go to USA Parking, which is on 2nd Street, and get a monthly parking pass from them. He can could go to the Alfred I. Dupont building and get a monthly City ofMiami Page 42 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 pass from them, and he could also go to Dr. Padron and get a monthly pass from him if he needs an additional space. That's the first thing. The second thing is Loft 2, which also has the same identical lease as Loft 1 does, has one-to-one parking spaces in that garage, so collectively, the both of them handle about 750 spaces in that garage. Loft 3, on the other hand, in our negotiations with Mr. Noriega and your parking authority, had said that due to the amount of capacity that would be generated and due to the amount of revenue that they were encouraging, that they needed to do a license agreement for the third loft in lieu of a lease. We understood that, and we went forward, and we did a license agreement for three years, but it's very important that you understand one thing in the license agreement. It is for three years. However, every resident -- and if you look on page 2, under extended availability period, it says here, the individual unit owners shall have the ability to extend the availability of each space and corresponding access card following the expiration of the first year for successive one-year periods, each an extended availability period in such unit owner's sole and absolute discretion for as long as municipal garage number 3 is still being operated as a parking garage, so everybody that has an access card and has the rights under this license agreement, as long as they timely and elect to have their space renewed can do so for as long as that garage is being operated by the Miami Parking Authority. Now, what we had hoped for, as reputable and long-standing real estate developers in this community, is that eventually there won't be a need for them to renew their parking space because they're living like urban people do; they're utilizing our mass transit system, which, we have heard for many, many years, is totally underutilized, and they will walk to work or walk to the Performing Arts Center or walk to a Heat game or walk to Bayside. We promote smart growth and transit -oriented development. That's not only what this building is and what this project is. It is the epitome of what transit -oriented development is, so I wanted to clear that up for the record. Commissioner Sarnoff Are you -- can you stay up there for a moment? Mr. Rodriguez: Sure. Commissioner Sarnoff You indicated that parking garage number 3 accounts for 1,407 parking units, correct? Ms. Rodriguez: Seventeen. Commissioner Sarnoff Did you say 17? Mr. Rodriguez: Yeah. Commissioner Sarnoff And, presently, you would account for 750 of them between Lofts 1 and Lofts 2, correct? Mr. Rodriguez: Yes. Commissioner Sarnoff Of the remainder, which would be approximately 950, how much of that is utilized; do you know? Mr. Rodriguez: Studies were made by Mr. Noriega and by consultants that were retained by Mr. Noriega that studied the peak hours and the off-peak hours. The methodology and the thought process in these projects is that a majority of these people during the peak hours, which would be 9 a.m. to 5 p.m., go to work, and that's the peak hours for the Parking Authority, where they get their most dailies and their most revenue, and then at night, they're relatively empty, so based on that methodology and that thought process, they came up with a formula and an analysis that provided that they definitely had not only the space for these 495 units, but they put out an RFA, which is a request for application, about six months ago that put forth 650 spaces for this type of program and license agreement. We were only allowed to apply, by a parking authority in post City ofMiami Page 43 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 cap (phonetic), for 500, and as a result, that's what we did. Commissioner Sarnoff Let me phrase my question a little differently, and maybe you know the answer to this, and maybe you don't. During the day, how many available parking spaces exist? Mr. Rodriguez: I haven't done an actual study on that, butt know that Mr. Noriega has, and Timothy Haahs & Associates, their consultant, has. I use that parking garage a lot. I can tell you that during the day, four years ago, it was relatively empty when we first -- when we did the first year, this garage, it was well-known it was operating at 20, 30 percent. As a result of construction activity in the Central Business District, new residential development in the Central Business District, which we are, you know, pretty much responsible for, and what's coming in the future, I think it's going to be utilized more, but an exact figure, I can't give you that, Commissioner. Commissioner Sarnoff In your estimation, would there be available parking during the day for the 495 units of cars that Lofts 3 can bring? Mr. Rodriguez: Yes. Commissioner Sarnoff Is there anybody here from the City that could verify that? Is there any Parking Authority person? I don't mean that disrespectfully to you, Mr. Rodriguez. I just want to get a verification from -- Mr. Rodriguez: No disrespect taken. Commissioner Sarnoff Good. No? Mr. Rodriguez: By the way, Commissioner, ifI may. I just want to be clear on something. The parking requirements in the Central Business District, if you're within 600 feet of a rapid transit station, are zero. Commissioner Sarnoff I'm aware of the rule or the ordinance. Chairman Gonzalez: All right. Do we have anybody from City staff that can answer the Commissioner question? Vice Chairman Sanchez: I think that would be Off -Street Parking to answer that question. Chairman Gonzalez: No. Anybody here from Off -Street Parking? Commissioner Sarnoff Can -- Chairman Gonzalez: You know what? Commissioner Sarnoff Mr. Chairman, can I ask for just a deferral, not for the entire day, but maybe until we get an answer? Pedro G. Hernandez (City Manager): We're going to go ahead and call him -- Commissioner Sarnoff OK. Mr. Hernandez: -- so maybe that's the best way to go about it. Commissioner Sarnoff You understand the question? City ofMiami Page 44 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Mr. Hernandez: Yes. Commissioner Sarnoff OK. Vice Chairman Sanchez: So the item's not being deferred; it's just tabled? Commissioner Sarnoff Right. Let's table it for right now -- Vice Chairman Sanchez: OK. Commissioner Sarnoff -- and we'll come back to it. Chairman Gonzalez: All right. Commissioner Sarnoff I apologize. I just want to get a direct answer. Chairman Gonzalez: We have a motion to table PZ.1. Is there a second? Vice Chairman Sanchez: Second. Chairman Gonzalez: And have a second. Vice Chairman Sanchez: Table it. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: The item has been tabled until we can get an answer from the Miami Parking Authority. "[Later...]" Commissioner Sarnoff Mr. Chairman, if you want to go back to the previously tabled -- Chairman Gonzalez: Yes, sir. Commissioner Sarnoff -- item. I've -- the phone call I took was from Art Noriega -- Chairman Gonzalez: OK. Commissioner Sarnoff -- the director of Off -Street Parking. Chairman Gonzalez: All right. PZ.1. Let's go back to PZ.1. Commissioner Spence -Jones: PZ.1. Chairman Gonzalez: All right. What do we have on PZ.1? Vice Chairman Sanchez: Commissioner Sarnoff. Let's go, let's go. Chairman Gonzalez: We're going to roll until 1 o'clock, and then we're going to come back at 3. Is that all right with all of you? Vice Chairman Sanchez: Fine with me. City ofMiami Page 45 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: All right with you? Commissioner Sarnoff I received a phone call -- just for the record, I received a phone call from Art Noriega, who advised me that during the day or in the evening, that there is ample parking for Lofts 3 and indicated that there is approximately even one hundred more spaces available, but that's a study they've done, so I'm now satisfied that there is ample parking from our -- I think Art is our director of Off -Street Parking? Chairman Gonzalez: Yes, sir. Commissioner Sarnoff So -- Vice Chairman Sanchez: I will -- Chairman Gonzalez: All right. We have a lady from Miami -Dade Transit. Good afternoon. Maria Baptista: Good afternoon, Mayor [sic], Co -Chairman [sic]Angel Gonzalez, and the rest of the Commissioner. Thank you for listening. I just -- my name is Maria Baptista. I'm a principal planner with Miami -Dade Transit. That's 111 Northwest 1st Street, Suite 910, and I'm here just to express a couple of concerns, maybe some of them might be premature, but in particularly, with the proximity to the Metromover guideway track, you know, more than anything else, we understand there's an alley behind the building that they're proposing, which is 17 feet, and I guess it's for trash, trucks, and things like that, and it's right next -- adjacent to the track, and we have some security concerns about that. More than anything, we have not received a copy of the plans for the building, and we should probably get one just to review it, see what it looks like, what you have to -- I know we're not the City. We work for the County, but more than anything, it's for concern for security, because if there's balconies or open windows facing our tracks, we want to make sure that some mitigation goes in there. Vice Chairman Sanchez: Those are valid concerns. Ms. Baptista: Yeah, and we also like, eventually in the future, if -- would like for the developers, if the project does get approved, to coordinate with MDT (Miami -Dade Transit) so that we take measures not to disrupt the Metromover service during the construction period. We like this to be coordinated through our joint development and safety and security more than anything because that's our main concern right now, safety and security -- Vice Chairman Sanchez: It could be amended. Ms. Baptista: -- and on a positive note, we look forward to working with you guys. Just wanted to express -- Commissioner Sarnoff Can I -- Ms. Baptista: -- our concern for the record. Commissioner Sarnoff -- get some clarity on what you want, because I'll put it on as a condition? I just didn't -- I didn't correctly understand what you want. Ms. Baptista: I wanted to put, more than anything, coordinate with us because that alley, particularly, that 17 foot alley, it's right next to our tracks. I mean, it's a concern for, you know, homeland security, and just in general, trash truck through there full of whatever, but make a big problem for us -- City ofMiami Page 46 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Sarnoff OK. Ms. Baptista: -- so -- Commissioner Sarnoff What -- is there anything else? Ms. Baptista: No. Just generally coordinate. We like a set of the plans to look at them, if they don't mind giving us one. That's it. Commissioner Regalado: Can I ask you something? Ms. Baptista: Yes, sir. Commissioner Regalado: But you do have security. You hire Wackenhound [sic], right? Ms. Baptista: Yes. Vice Chairman Sanchez: Wackenhut. Ms. Baptista: Wackenhut is our security, but we would like for them to coordinate with us as to what their plan to do for the building. More than anything else, for safety and security, yes. Commissioner Regalado: Yeah. I heard that, but you mention homeland security. Is it not mandated to the County, as the main agency in charge of transportation, that you will be policing all and every tracks? Ms. Baptista: Yes, we do, but if you have an alley that's underneath and you -- somebody comes through with a frash truck full of whatever, chemicals, and you know, major things could happen. I mean, I don't know exactly what could happen, but -- Commissioner Regalado: So who would police all the area behind the Metrorail? Ms. Baptista: We would in our property. Commissioner Regalado: Instead -- like US 1, that is also a homeland security threat possibility. Ms. Baptista: Right. Commissioner Regalado: So who would police that -- Ms. Baptista: For our property -- Commissioner Regalado: -- either the City or the County? Ms. Baptista: Well, if it's within the City, probably the City, but within our property -- Commissioner Regalado: But you own that? Ms. Baptista: -- Wackenhut would probably be looking at it. Commissioner Regalado: But they don't police the areas -- Ms. Baptista: Underneath of it? Commissioner Regalado: -- underneath the Metrorail. They just police the stations. City ofMiami Page 47 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Ms. Baptista: The tracks and the stations, yes, that's what-- that I know of. I don't work for safety of security. I work for the planning area, so concerning general -- Commissioner Regalado: No. The reason I'm asking is because -- I mean, the main concern in the United States now is homeland security -- Ms. Baptista: Right. Commissioner Regalado: -- and it surprises me that, you know, an alley is a concern, but all the tracks are a concern. Ms. Baptista: Agree. Commissioner Regalado: So what are you going to do about it? Ms. Baptista: We'll see for the new director in transit, see what we can do about it. Commissioner Regalado: OK, OK, so I'm just saying, because it's very unusual to place a condition or a requirement or a burden for one small place while we have so many miles -- Commissioner Spence -Jones: A million and one other issues. Commissioner Regalado: -- of potential -- Ms. Baptista: No. Commissioner Regalado: -- threat. Ms. Baptista: I understand where you're coming from. We're all for transit Obviously, I like the idea of having big buildings with -- Chairman Gonzalez: But let me tell you. Ms. Baptista: -- a lot of units next to a transit station. Chairman Gonzalez: On that same note -- Ms. Baptista: Our concern is just on, I guess, particularly that alley, more than anything else, and maybe we can work -- Commissioner Sarnoff If you want to ask him to maybe do 14 miles of the frack or anything, I could put it as a condition or --? Ms. Baptista: No, no, no, not particularly, but we can probably work together and come up with something, you know, maybe a fence to see who they allow to come in, or a check-up point, or something like that. I don't know because I don't work in security, but we -- I'm sure they could come up with something, you know, and our -- Vice Chairman Sanchez: We often -- Ms. Baptista: -- safety security group could probably help with that. Vice Chairman Sanchez: -- don't hear that. City ofMiami Page 48 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Mr. Rodriguez: IfI may, through the Chair. It's very encouraging to see Transit here. We've experienced an incredible relationship working with you. Ms. Baptista: Right. Mr. Rodriguez: Not only on Loft 1, but on Loft 2, where we're actually building above your tracks -- Ms. Baptista: Exactly. Yes. Mr. Rodriguez: -- and I just want the Commission to be very assured that we not only go through an extensive review process with them -- it's premature at this point, because we actually do it prior to building permit submission -- but we go through an entire review process with Transit. As on Loft 1 and on Loft 2 -- Ms. Baptista: Yes. Mr. Rodriguez: -- this project will require what is called MDT crane spotters, which are full-time employees that sit on my site and watch cranes swing around all day, and we will address all security concerns as we have in our relationship for over the last -- Ms. Baptista: Yes. Mr. Rodriguez: -- six years. Ms. Baptista: We have. Appreciate it. Yes. Vice Chairman Sanchez: Mr. Chairman, I'm -- Chairman Gonzalez: All right. Are we ready? Vice Chairman Sanchez: -- prepared to second the motion that has been made. Commissioner Sarnoff, is there any conditions you want the put on this resolution? Commissioner Sarnoff The condition that they coordinate with Miami -Dade County with regard to transit. Vice Chairman Sanchez: All right, and just -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- on the issue itself I think there were three Commissioners here when this all came about about downtown not having affordable housing or workforce housing, and it's very important for us -- what was -- on Loft 1, what was the going prices for the units? Mr. Rodriguez: Loft 1, the units started at $99, 000. There was 200 units, and the most expensive unit, which was a penthouse with 12-foot ceilings, was $240,000. Vice Chairman Sanchez: How about 2? Mr. Rodriguez: Loft 2 started at $119, 000, and the most expensive unit was $330, 000, and Loft 3 started -- because, you know, I would love to have kept it at $119, 000, but market conditions have been such, as we all know that we're in affordability crisis, started at $159, 000; 70 percent of the inventory was below $300, 000, but most importantly, 40 percent of the inventory was below $236, 000. City ofMiami Page 49 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Spence -Jones: Wow. Mr. Rodriguez: That number is significant because it's the cap that the City has with respect to workforce housing, so over 200 units in one project meet the criteria of workforce housing as defined by the City ofMiami. Vice Chairman Sanchez: And that's the point that I want to make, as we sit here and that window of opportunity continues to close for affordable housing and workforce housing, not only in downtown, through our entire city. Commissioner Spence -Jones: Right. Vice Chairman Sanchez: Now, let me ask you another question. How many City employees, teachers, police officers, and firemens [sic] live in those two phases right now? Because I know of about four. Mr. Rodriguez: I cannot give you an exact figure, but I can tell you that there's significant amounts, and let me tell you how I know that. Because this projects, as a result of the public sector participation, we really are partners with the City and with the County in all three of these projects. They've all contributed significantly to the success of this, so as a result of that and in reliance to our commitment that we said when we first sat down and discussed these projects, we marketed it in an unconventional way. We did not participate with outside brokers. We marketed strictly to City and County employees for a period of time to make sure that every single public sector employee had an opportunity to come and share in the American Dream that we all talk about so much. Vice Chairman Sanchez: And that's why they sold like hot cakes. Mr. Rodriguez: That is exactly why. Vice Chairman Sanchez: They sold quick, and the other issue is transit. It was dependent on transit; getting people out of their cars, focusing on improving our environment, and getting people that were coming to downtown, that were moving into downtown basically focus on the downtown area, the Civic Center, and the large employers of our city for them to have an opportunity to afford, and as you state, accomplish the American Dream, so that's why I think all the Commissioners here were very supportive of the issue. Yes, there are concerns. The parking, that has been addressed, but I think Loft has been one of the success stories that we've been able to accomplish in downtown, and I speak now as a Commissioner, but I also wear the hat of the DDA (Downtown Development Authority) chairman, which is something that we continue to do, and everyday it gets harder and harder for us to accomplish affordable housing and workforce housing in downtown and through the entire city, so having said that, I'm prepared to vote on the issue. Chairman Gonzalez: All right. We have a motion, and we have a second. Any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It's a resolution, Madam City Attorney, right? Vice Chairman Sanchez: Yes. PZ.2 07-00048mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, City ofMiami Page 50 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE EDGE WATER TOWER PROJECT, TO BE LOCATED AT APPROXIMATELY 701 NORTHEAST 31ST STREET, 3117, 3120, 3121 AND 3131 NORTHEAST 7TH AVENUE, 475, 533, 537, 545, 601 AND 619-25 NORTHEAST 32ND STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 482-FOOT, 41-STORY HIGH RESIDENTIAL STRUCTURE TO BE COMPRISED OF APPROXIMATELY 201 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 333,335 SQUARE FEET OF RESIDENTIAL SPACE; AND APPROXIMATELY 325 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00048mu - PAB Edge Water Tower.pdf 07-00048mu PAB Reso.PDF 07-00048mu CC Analysis.pdf 07-00048mu CC Zoning Map.pdf 07-00048mu CC Aerial Map.pdf 07-00048mu CC Projects in the Vicinity.pdf 07-00048mu CC Legislation.pdf 07-00048mu Exhibit A.pdf 07-00048mu Exhibit B.pdf 07-0199mu CC Fact Sheet.pdf 07-00048mu - Front Cover.PDF 07-00048mu - Inside Cover and Table of Contents(' to III).PDF 07-00048mu - I.A Application for a Major Use Special Permit.PDF 07-00048mu - I.B Disclosure of Ownership.PDF 07-00048mu - I.0 Ownership Affidavit.PDF 07-00048mu - I.D Miscellaneous Documents.PDF 07-00048mu - I.E Directory of Project Principals.PDF 07-00048mu - I.F Project Data Sheet.PDF 07-00048mu - I.G City of Miami -Zoning Atlas Map.PDF 07-00048mu - 11. Project Description.PDF 07-00048mu - III. Supporting Documents(Tab 1 to 6).PDF 07-00048mu - III.Tab 1 Minority Construction Employment Plan.PDF 07-00048mu - III.Tab 2 Sufficiency Letter and Traffic Impact Analysis.PDF 07-00048mu - III.Tab 3 Site Utility Study.PDF 07-00048mu - III.Tab 4 Economic Impact Study.PDF 07-00048mu - III.Tab 5 Survey of Property.PDF 07-00048mu - III.Tab 6 Drawings Submitted.PDF LOCATION: Approximately 701 NE 31st Street, 3117, 3120, 3121 and 3131 NE 7th Avenue, 475, 533, 537, 545, 601 and 619-25 NE 32nd Street [Commissioner Marc Sarnoff - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Ice, LLC; 3120 Associates, LLC and Saxon Development Company, Inc. City ofMiami Page 51 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended denial due to a motion to approve, which failed, constituting a recommendation of denial to City Commission on February 21, 2007 by a vote of 3-5. *See supporting documentation. PURPOSE: This will allow the development of the Edge Water 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-07-0176 Chairman Gonzalez: All right. PZ.2. Vicky Garcia -Toledo: It's my item. I'm staying at the -- Chairman Gonzalez: Go ahead. Ms. Garcia -Toledo: -- podium. Roberto Lavernia (Chief of Land Development, Planning): Major Use Special Permit for the Edgewater Tower, 701 Northeast 31 st Street, 3117, 20, 21, and 31 Northeast 7Avenue, 475, 533, 545, 601, and 619-25 Northeast 32nd Street. It's going to be building of approximately 482 foot, 41-story height residential structure, 201 multifamily residential units, with recreational amenities, and a total of 325 parking spaces. The Planning Department recommend approval with conditions. The Planning Advisory Board recommended denial, due to a motion to approve it that failed. In this case, we has been working with the applicant, and condition 11, pursuant to the same related comment received by the Planning director, the applicant has complied with everything that we asked for. Thank you. Chairman Gonzalez: Thank you. Yes. Ms. Garcia -Toledo: Good morning. Chairman Gonzalez: Vicky. Good morning. Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo, with the law firm ofBilzin Sumberg, offices at the Wachovia Center, in downtown Miami. It is a pleasure to appear in front of you today on behalf of the Edgewater Tower. As you can see from these boards that are in front of you, it's an exciting new project that is coming to the Edgewater neighborhood, at the corners of 32nd and -- Street and 7th Avenue, and right next to the bay. The project is a 41-story tower and has 201 units. The project also has a series of very interesting amenities. This is the first time that a project and a developer has offered to enhance and do a public plaza at the end of a public right-of-way, where the 31 st Sfreet meets the bay. We have also a second plaza that you will hear about in greater detail from the architect, which is at the bend of 7th Avenue and 32nd Sfreet, where the applicant -- the developer has purchased a lot across the way and is also developing that as an open plaza to enhance the neighborhood. There is another very interesting amenity of this project, and if you look at the site plan, all the way at the end, just City ofMiami Page 52 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 past the light green, there is an existing wood house that is a -- it is not historic, but it is representative of an earlier Miami and certainly of how this neighborhood look. That house is being preserved and is being fully reserved -- refurbished by the developer, with the idea that it will serve not only as an amenity for the project, but that also it will become, hopefully, some type of activity area where other groups in the neighborhood have a meeting place, which is not available, especially the homeowners group in the area and so forth. The condition number 11, which usually deals with design issues, has been totally satisfied, as you heard from your staff. Condition number 12, which is the Public Works condition, requiring improvements of the street and the agreement to do these public spaces and plazas is acceptable to the developer. We'd just like to -- with approval from the Public Works Department, there is a reference to an agreement for improvement dated April 8, 2004. That was for a previous project layout that will -- that agreement will have to be amended to satisfy the additional plazas and other improvements that are being put on the right-of-way, and we have talked to your Public Works Department, and they agree that that particular document needs to be amended. Let me know -- that'll go to an issue that I think is very important for Commissioner Sarnoff, and that is the issue of parking. This project has 325 parking spaces, with an actual required by Code is 236. That gives us, with the use of mechanical lifts, a surplus of 89 spaces. The total of 325 spaces in a ratio to bedrooms, bedrooms not units, which is the concern we've always heard you express, gives us a ratio of one parking space to .87, to round off .9 of the bedrooms, so we're almost there one-to-one. We feel that the surplus of 89 spaces, bringing the ratio to that .9, is sufficient, and we would hope that you would find that that is also sufficient. Now, what I would like to do is introduce our architect, Mr. Walter Chatham, to come forward and share with you the specifics of the project, and we will save any time -- the leftover time for rebuttal. Walter Chatham: Good morning. My name is Walter Chatham. I have offices at 580 Broadway, in New York, and I'm an associate in this project with BTMArchitects ofMiami and Fort Lauderdale. I'm going to be very brief because I think Vicky has described all of the salient aspects of the project, and I know you have a lot of items on your agenda. I just want to, very quickly, walk you through so that you can see and understand these areas that she was talking about. We have a parking garage here, which is a five -story parking garage, containing the spaces that she mentioned. We have a 41-story tower here, and to the south end of the tower, we have approximately -- a view corridor, which, in total, is about 120 feet wide, including landscaping, access for the public to come down to the bay walk, and as Vicky mentioned, we have created a bay walk, which is part of the Miami Comprehensive Plan, I think, that runs along the edge of the bay. It's going to be fully landscaped. It's going to be fully accessible to the public. In addition to those two features, we have, as Vicky mentioned, a plaza here. We've purchased a site with a nonhistorical structure on it, across from our project, and we're going to landscape and introduce water features there that will be fully accessible and then, finally, this -- a house down here with a little green space, which we hope to make available to members of the community for community meetings and so forth. In terms of the architectural treatment of the project, the building has obviously principal facades in all directions. We've introduced, you know, balconies, which are very common in Miami, on the water side. On the land side, we've tried to make a special effort to look back at the City with what we hope you will consider very handsome facade with colored glass, louvers, various materials that will hopefully liven this up, and we, you know, have tried to landscape everything extensively, including the rooftop of the parking garage so that that's an amenity rather than an eyesore for the neighbors. This is just a view of the public access coming down on 31 st Street and turning, so this perspective is actually taken right here, looking up the proposed bay walk, so you can see what that looks like, and I think with that, I've covered everything, and I'll just be available for questions, if you have some. Commissioner Sarnoff I -- I'm sorry. I didn't get your name again. Mr. Chatham: Sorry. It's Walter Chatham. Commissioner Sarnoff Mr. Chatman [sic], maybe you can educate me, because when I look at City ofMiami Page 53 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 the large photograph right there, the one in, I guess, number 3 to me on my -- going from left to right. Do those small houses actually exist there? Vice Chairman Sanchez: Yeah. Ms. Garcia -Toledo: Yes, those small houses do exist there. However, they are all vacant, and we have a map we can show you. Commissioner Sarnoff And you -- Ms. Garcia -Toledo: They're all vacant. Commissioner Sarnoff -- don't own them, and that's not part of what you will take care of? Ms. Garcia -Toledo: No. Commissioner Sarnoff OK. Ms. Garcia -Toledo: We do not own those properties. Commissioner Sarnoff OK, and -- Ms. Garcia -Toledo: Would you like to see it, Commissioner? We have a board that may show you -- Commissioner Sarnoff Sure. Ms. Garcia -Toledo: -- the relationships. Vice Chairman Sanchez: I'd like to see that. Ms. Garcia -Toledo: The small houses that you're looking at -- and I guess I put the board in front of the small -- no -- is these small houses is this entire area, which the homes are still there, but they have all been purchased and they're all vacant. Commissioner Sarnoff Not purchased by your client, I take it? Ms. Garcia -Toledo: Not purchased by my client. Commissioner Sarnoff Or any entity related to your client? Ms. Garcia -Toledo: No, or an entity related to my client. Commissioner Sarnoff OK. Ms. Garcia -Toledo: And this gives you a view of the neighborhood. I think you're all familiar with the Village, which is a drug and alcohol treatment center, addiction treatment center, which is the entrance into this neighborhood. It's followed by -- the green are actually homes that are in -- homes that are single-family and occupied by existing families, and then these are the vacant spaces. This -- the houses have not been demolished, but they are all empty and unoccupied, and then this is our project site. Commissioner Sarnoff Ms. Toledo, with regard to the 325 total parking spaces, have you utilized mechanical lifts to achieve the exfra 89? City ofMiami Page 54 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Ms. Garcia -Toledo: Yes, sir. Commissioner Sarnoff You feel like you could not find another 50? Ms. Garcia -Toledo: Commissioner, we can put a sixth floor of parking, if you think that would be advisable, and we would accept that as a condition of approval. Commissioner Sarnoff OK. I'll make a motion, then, with the condition that they add an additional floor of parking for us to approve this project. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: For the purpose of discussion. Chairman Gonzalez: All right. We have a motion, and we have a second. Vice Chairman Sanchez: Discussion on the item. Chairman Gonzalez: Discussion. Commissioner Spence -Jones: Wait, wait. You have -- Chairman Gonzalez: Yes. I'm going to open the public hearing in a minute. Saul Cimbler: Oh. Vice Chairman Sanchez: No, no, no. I want to listen to the public before I speak. Chairman Gonzalez: All right. You want to speak then? Mr. Cimbler: For the records [sic], my name's Saul Cimbler. I'm here as a private citizen today. I live in the neighborhood. In fact, I live three blocks away from here, and I'm very concerned about this project because we -- Ms. Garcia -Toledo: Can we have his address on the record, please? Mr. Cimbler: Sure. 436 Northeast 35th Street. We are -- Chairman Gonzalez: Madam City Clerk, please set the clock. Mr. Cimbler: We avoided a slew of these large monolithic projects, like Onyx 2 and stuff that came before the Commission years -- a couple years ago, and those died a natural death. I don't disagree that this is a beautiful project, but you're putting this project that is going to block the end of the view. There's -- the traffic that's going to be created here is unbelievable. More importantly, you're setting a very dangerous precedent. This developer was able to get planning to agree on FAR (floor area ratio) of bonus of 1.25 merely by the payment of $712, 000 into an Affordable Housing Trust. Now, of course, we have a serious problem with affordable housing and workplace [sic] housing, but if you permit this developer to come in this neighborhood and - - I have worked as a professional in this neighborhood, both as a realtor and a financing end, and merely for the payment of $700, 000 increased the FAR, you're effectively saying that for $13 a square foot, come and build whatever you want. You can't buy land in Edgewater for $13 a square foot. You can't buy land in Edgewater for $175 a square foot. You're setting a dangerous precedent. It's a beautiful project and it's beautifully designed, but you're -- once City ofMiami Page 55 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 again, and I've used this analogy, you're putting a size 12 foot in a size 6 shoe. The traffic that will be created by having this project at the end of the block -- when those cars come out, those - - from those 325 spaces, where are they going? Because ifI leave my house later than 7 o'clock in the morning, I can't get onto Biscayne Boulevard. Where are they going out, to Northeast 2nd Avenue? Is there money there for the fram and for the trollies? There is no circulation of traffic which would permit, in this sector of the Edgewater area, projects of these [sic] size, and if you approve this project, you're inviting everybody who has property to come back and do the same thing. Conspicuous on Ms. Toledo's graphs -- and she was very honest and forthright with you -- you've got parcels of vacant land, and I know parcels of vacant land who are waiting to find out, because if this is going to happen, they're going to come back to you. The Chair -- Chairman Gonzalez: Thank you. Mr. Cimbler: -- has asked me to stop speaking, and I thank for the time and respect -- Chairman Gonzalez: Thank you very much. Mr. Cimbler: -- for this motion. Chairman Gonzalez: Commissioner Sanchez. Vice Chairman Sanchez: I just -- sir, would you want --? Chairman Gonzalez: Anyone else on this item? Joel Rodriguez: I'm -- my name is Joel Rodriguez. My address is 235 Northeast 25th Street. I'm here on behalf of the Concerned Citizens of Edgewater, and I'm here -- we believe in this project. We believe that this is the type of project we want to continue to see in the area of Edgewater, and the majority of the citizens that I come in contact with, I can tell you, feel that this is a positive impact in our area, and it's the type of thing that we want to see continue and not stop, which is the opposite of I think, whatHr. Cimbler was saying, so I just wanted to say that, and thank you very much. Chairman Gonzalez: Thank you, sir. Anyone else? You already spoke. Mr. Cimbler: Just five seconds. Chairman Gonzalez: You already spoke. I already gave you your chance to speak. Mr. Cimbler: I -- Chairman Gonzalez: You know, it isn't fair because then I have to start a debate; then you speak; he speaks again; then you speak again; he speaks again, and you know -- Mr. Cimbler: He's a prominent realtor in the area, who sold most of the properties. Chairman Gonzalez: Well, you know, you already had your chance. Anyone else that wants to speak on the item, please come forward. All right, seeing none -- Ms. Garcia -Toledo: Rebuttal. Vice Chairman Sanchez: She's got rebuttal if she wants. Chairman Gonzalez: Pardon me? City ofMiami Page 56 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Ms. Garcia -Toledo: May I have rebuttal, Mr. Chairman, or -- Chairman Gonzalez: Yeah. Ms. Garcia -Toledo: -- I'll wait if you want to have -- Vice Chairman Sanchez: No, no, no, no. Chairman Gonzalez: All right. I'm closing -- Ms. Garcia -Toledo: -- your discussion first. Chairman Gonzalez: -- the public hearing. Yes, rebuttal. You have time to rebuttal. Ms. Garcia -Toledo: Thank you, sir. I would -- it seems that Mr. Cimbler's objection is not to the project itself but to payment into the Affordable Housing Trust, which is protected by your Zoning Code and by your City Code, which allows payment into the Trust, first of all. Number two, I also like to say that, I think it was less than two years ago, the amount of the cost to -- for the contribution more than doubled, so I think it's been keeping up with the times. We also have our traffic engineer here, ifyou wish to hear from him about fraffic issues. I'm not going to take more of your time by having him testify, but if you have any questions as to traffic -- Chairman Gonzalez: If the district Commissioner wants -- Commissioner Sarnoff You want to make a proffer that he would have said (UNINTELLIGIBLE) -- it won't affect traffic? Ms. Garcia -Toledo: Excuse me? Commissioner Sarnoff You want to make a proffer that he would say it wouldn't affect traffic? Ms. Garcia -Toledo: I will make a proffer that he would tell you that there are six points of access from this site into Biscayne Boulevard; two of them with traffic lights and everybody gets out. Commissioner Sarnoff OK. Vice Chairman Sanchez: Well, that is definitely one of my issues, now that I have been recognized by the Chair. If you look at Edgewater and you're seeing what's going on in that area, you have some narrow streets that are leading into a lot of these projects that have taken basically an opportunity for development in that area, and you're seeing a lot of those homes. If you look at that -- I mean, that picture says a million words. I -- if those homes would have been occupied, I mean this is a monstrosity. I mean, this is encroachment in a neighborhood, when you have a 41-stor -- beautiful building. I'm not going to dispute the fact that it is a beautiful building, but when you have a 41-story building overshadowing, not even a -- I don't even know how far that is. There isn't any transition. This is a 41-story, not a 10, not a 12, all right. It's of a great concern. I do want the fraffic gentleman to come up and tell me how these individuals, who are going to purchase these properties and live there, enter and exit onto Biscayne Boulevard on that street. John McWilliams: Good morning. My name is John McWilliams. I'm with Kimley-Horn & Associates, at offices in Fort Lauderdale. What typically happens with projects in Edgewater and anywhere along Biscayne is that as the projects come on line, Miami -Dade County Public Works welcomes input from the citizens relative to adjusting the fraffic signal timing. Right now this area is single-family homes. The fraffic that's coming out of this neighborhood City ofMiami Page 57 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 proportionate to Biscayne is quite smaller than the traffic on Biscayne, so the amount of green time that they provide, especially during peak hours, out onto Biscayne is limited because they have to proportion the amount of time for the cycle towards the most traffic. As these sites come on line, we're obviously going to be placing more traffic at the light on the side sfreet, and as the projects are built, people will become occupied. The County is more than willing to examine the traffic signal timing to adjust it to allow for more time for folks to get out onto Biscayne. I've had very succ -- a lot of success with Public Works regarding that. Vice Chairman Sanchez: How many exit points did you say that were out of that building? IfI lived in that building and I needed to get out to Biscayne Boulevard, what are my options? Mr. McWilliams: You have 32nd Street, which is right here, which is unsignalized; 31 st Street, which is signalized; 30th Street, you can get to via 31 st down here, which is unsignalized, and I believe it's off the map, but there's two other connections into Biscayne from this north/south interior sfreet that gets you to Biscayne, one of which is signalized, so there's two signalized access and several unsignalized locations. Vice Chairman Sanchez: All right. You have in your map there, you have two vacant lots that are pretty big. Those are the single-family lots, right? Mr. McWilliams: I believe these are. Vice Chairman Sanchez: R-1 s? I guarantee you, whoever bought that surely isn't going to build homes again. He's going to build a high rise, right? Mr. McWilliams: Well, again, I don't -- I'm not aware. That's not -- Vice Chairman Sanchez: It's irrelevant. Mr. McWilliams: -- the subject of this application. Vice Chairman Sanchez: It's irrelevant, but whoever bought that is probably going to build something similar to yours, and how are people going to be able to get off of their house -- and you have a dead-end. I mean, at the other side, you have the bay, and look, it's a great project. I look at it and I see that you've done everything you can to maintain the bay walk, which is something that we're sticklers for to make sure that people have an opportunity to enjoy the bay walk and come out of their homes and enjoy what's theirs, but if you look at it, I have a big concern with all these developments, and I can't wait for Miami 21 because you won't be able to get these bonuses anymore once Miami 21 is approved, and I'm just -- I think it's a massive project. That's just my opinion as to what I'm seeing, and I just wanted to state that for the record. Chairman Gonzalez: Anyone else? Seeing none, hearing none -- Commissioner Sarnoff Let me -- Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff -- make a change to my condition. Let me change the condition to that I would approve it -- so let me withdraw my first motion, and let me make a new motion that we approve it subject to the acquisition of the two vacant properties and that it be operated as green space. Vice Chairman Sanchez: That's -- City ofMiami Page 58 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Spence -Jones: I don't know if you're going to be able -- Vice Chairman Sanchez: I would love to support you, but I don't think it's going to happen. Ms. Garcia -Toledo: We would probably be talking, and I'm not a real estate expert, butt would say probably upwards of 15 to $20 million to purchase those two parcels, perhaps even more. Vice Chairman Sanchez: See, Commissioner, the cow is out of the barn in that area -- Commissioner Sarnoff Right. Vice Chairman Sanchez: -- and you know, if you look at it -- and it's your district and you know it better than anyone here -- if you drive through Biscayne Boulevard, you've seen where they've taken an area, where they've been able to benefit from the development, and you have certain projects that have been able to come, and of course, you -- it was an area that was economically flatline, and you had not five or ten or fifteen, but many residents coming over here complaining about crime, prostitution; horrible area; we're being forced to move out; my car's being broken in; they continue to steal my lawn mower, and you started to see development, and now you have development that basically is out of control, in my opinion, in that area. Commissioner Sarnoff Well, it's -- Ms. Garcia -Toledo: If -- Commissioner Sarnoff -- there's been architecture genocide in that area. I mean, the beautiful homes of that area are deci -- or will be decimated or pretty much are decimated. What you're looking at here is a very nice plan, because what you're being presented are the vacant lots to make appear to be part of this project, and my suggestion a moment ago was if you create enough open space, what that does is it creates less ofyour concern with traffic, which is a problem, and it also creates the appearance that we're being sold right here, and the appearance we're being sold is this great open expanse, which you're saying, in a year or two could be another high building right next to it, unless Miami 21, or even if it did pass, we'd still have a high building right next to it in Miami 21. Vice Chairman Sanchez: Not as high as this one, I guarantee you. Commissioner Sarnoff No. I think it would be -- if I'm not mistaken, there's C-20 -- they're TC-24 up to 48, so if they were able to buy back enough, they could be 48 stories, is that right? Vice Chairman Sanchez: SD-20 bonuses. Ms. Garcia -Toledo: What I wanted to share with you is that we made four separate submittals to your Internal Design Review Committee of the Planning Department. The first one was under 11000, our current Code; the second one was under Miami 21, and the project that we came in under Miami 21, because of the relaxation of setbacks and some of the other issues, was able to handle three towers; not one, three. Your -- one ofyour comments from the Internal Design Review was no, too large, too big, out of scale, and you can't do it under Miami 21 guidelines because it's not adopted yet, so go back to an 11000 design, and under the 11000 design, we actually were ab -- dropped two towers. This is what we were able to do under the Miami 21, and when your staff said, no, scale it down, make it more consistent, we removed two towers and just left one tower, so this project has already gone through that type of analysis and it's already been scaled down, consistent with the recommendations and requirements of your staff. That's why condition 11, which is the design issues, does not have that. I think, to speak on support of this project, you heard from the neighborhood group. They -- this is the kind of development they want in the area. As other projects come, concurrency or the ability to meet the traffic City ofMiami Page 59 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 requirements will determine how much more can be done. This project is doing more open space than any other project ever in this area. Not only that, but we are taking the public right-of-way at the end of 31 st Street and this -- your director of Planning told me this was the first time, to her knowledge, that it's ever been done, and the applicant is paying for all the costs to create a sizable public plaza, and to guarantee, for the first time, that there will be a view for these neighbors to the bay, so I think that, consistent with prior approvals under 11000, we're not requesting or doing anything that has not been done previously and approved previously. Commissioner Sarnoff Ms. Garcia, what would you be allowed to build, with Miami 21 today, on just one tower? How high would you be allowed to go? Ms. Garcia -Toledo: On just one lot? Commissioner Sarnoff The lot you have now, yes. Ms. Garcia -Toledo: Well, we have, I think it's 15 lots, Commissioner. Commissioner Sarnoff Well, your building site, so to speak, what would you be able to -- what height would you be able to go to? Ms. Garcia -Toledo: We would be able -- the architect's telling me we would be able to go to the same height with Miami 21. Commissioner Sarnoff With benefits and bonuses, right? Because you could go to TC-48, correct? Ms. Garcia -Toledo: Correct, and I apologize, but our lead architect had knee surgery and she's sitting back there. Commissioner Sarnoff Yeah. I was looking at your lead architect, and I just want to give her -- is thatACL (Anterior Cruciate Ligament)? Unidentified Speaker: Yes. Commissioner Sarnoff I've had two ACLs done, right and left knee, and just so you know, you'll get through it. Unidentified Speaker: I hope so. Commissioner Sarnoff So I hobble around with two brand-new ACLs. I just -- Unidentified Speaker: Oh, good. Commissioner Sarnoff -- want to give you some encouragement. Ms. Garcia -Toledo: I also would like to share with you that the Urban Design Review Board, your UDRB -- Vice Chairman Sanchez: Let me just -- Ms. Garcia -Toledo: -- commended this project. Vice Chairman Sanchez: -- ask you -- you could have built higher, right, but you're limited on footprint? City ofMiami Page 60 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Ms. Garcia -Toledo: Under -- the current Code? Under the current Code, we have unlimited height. Vice Chairman Sanchez: Which would have been what, 48? Ms. Garcia -Toledo: As high as we can support -- structurally support a building. Commissioner Spence -Jones: Ana, can you just put something on the record? Ana Gelabert-Sanchez (Director, Planning): What is with Miami 21 is like Commissioner Sarnoff said, it's TC-24 by right. For them to be able to get to the 48, they would need to go into the public benefit bonus. Chairman Gonzalez: I have one question. Out of all this discussion, I just have one question and one concern, because I heard Vice Chairman Sanchez said something that really concern me. Under Miami 21 there would be no more contribution to the Affordable Housing Trust? Ms. Gelabert-Sanchez: There would be contributions to the affordable and workforce housing. Yes, there will be. It's a public ben -- Vice Chairman Sanchez: Bonuses. Ms. Gelabert-Sanchez: Yeah, there will be. Chairman Gonzalez: Huh? Vice Chairman Sanchez: For heights and stuff. Ms. Gelabert-Sanchez: It's -- Commissioner Sarnoff It's not only -- is it only for bonuses, what the Chairman said -- Ms. Gelabert-Sanchez: If you go -- Commissioner Sarnoff -- what the Co -Chairman --? Ms. Gelabert-Sanchez: -- the public benefit bonuses would be, you would be contribute -- the developer would be contributing for affordable workforce housing and open space, and the -- Commissioner Sarnoff Let's say that they built -- let's say this -- let's say we're six years -- six months and forward today and we're at -- Miami 21 's been passed; they would, as of right, have a TC-24, 24 stories. In that 24, without asking for bonuses, would they be -- donating, excuse me -- would they be paying to the Affordable Housing Trust -- Ms. Gelabert-Sanchez: Unless -- the only way that they would be contributing to the public benefit bonus would be if they exceed the development capacity that -- Commissioner Sarnoff Right. OK. Ms. Gelabert-Sanchez: -- they have by right. That could be done either by height, or if they do not need the height, but they are within the envelope and still respect the setbacks and they can move sideways, ifyou will, they will also be able to contribute to the development, so it's anything that goes beyond what the development capacity that has been given to them, and I also would like to clarify that on Miami 21, there's also footprint limitations on how you -- and there's some setbacks built in that we will be also presenting to you, and we're trying to give an City ofMiami Page 61 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 envelope, and that's what we've been saying, in order to create transitions, but to answer your question, yes, in height -- Chairman Gonzalez: But let me tell you what my concern is. You know, we keep preaching and preaching here about affordable housing -- Vice Chairman Sanchez: Yeah. Chairman Gonzalez: -- and we need to build affordable housing, and the poor people of the City ofMiami and the needy people of the City ofMiami. Verbally, that sounds beautiful, you know, and that is music to a lot of people's ears, but words doesn't take us anywhere. Words, we can be talking here all day long. To build affordable housing, we need money, and the money that is coming from Washington each year is less and less and less, so you know, whenever I hear that affordable housing is going to be affected, that really calls my attention very seriously, you know, and ifMiami 21 is going to affect the capacity of poor people of this City ofMiami and working class of this City ofMiami to be able to afford to buy a home, I'll tell you, you're going to have one vote less on your Miami 21. Ms. Gelabert-Sanchez: No. Let -- Vice Chairman Sanchez: Ana, please clarify that -- Ms. Gelabert-Sanchez: Yeah. No, no. Vice Chairman Sanchez: -- because it doesn't, and it increases the amount of funds. Ms. Gelabert-Sanchez: It would increase it, because right now what we're saying is we are actually saying anything -- we're putting as of right height. Whatever exceeds the height, in the case of Edgewater, we're saying 24 to 48. Anything that goes beyond that 24 or even beyond the development capacity that they would have under the 24 stories, they would need to go into the bonuses. You would actually be able to contribute more because right now, someone comes in and pays for the Affordable Housing Trust, but they might be getting other bonuses where they're not paying into; they're pretty much -- you know, if they do something, they might be able to get the bonus. With Miami 21, anything, you know, even the ones that right now are not -- they don't make contributions, you would make them, so actually, it would be the opposite. It would actually be contributing more, and it would be sharing also on the open space. Commissioner Sarnoff Ana, but the Chairman is saying, I think is, supposing a person decided to build only as of right -- Chairman Gonzalez: Right. Commissioner Sarnoff -- let's say, in Edgewater, and they put a 24-story structure up, is he correct then in saying there would be no affordable housing payment? Chairman Gonzalez: No. Ms. Gelabert-Sanchez: It's like happening today. Today a project may come as of right and they don't -- Vice Chairman Sanchez: Amend it. Ms. Gelabert-Sanchez: -- contribute -- Commissioner Sarnoff OK. City ofMiami Page 62 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Ms. Gelabert-Sanchez: -- so it -- we're not taking -- Chairman Gonzalez: They don't have to confribute. Ms. Gelabert-Sanchez: -- away anything actually. You would be contributing more because -- and just to clarify, there's a project that may be coming as of right. If they would come and they do not avail themselves of the affordable housing, they can do it because we don't -- they don't have to, so there's many projects that, as of right, they don't confribute. What we're saying is, now, not only would -- they would have to go for the affordable; any other bonus that presently our ordinance doesn't require to make contributions would be part of that same fund so you would have -- Commissioner Sarnoff As -- today, the law, as it stands today, in order to pay into the Affordable Housing Trust, it's because they're going beyond the limits set by the City. What -- for instance, in this neighborhood, what is the limit, and how much did they purchase to go higher? Ms. Gelabert-Sanchez: I believe it's at 25 percent affordable housing. Lourdes Slazyk (Director, Zoning): Twenty-five percent increase of FAR. Ms. Gelabert-Sanchez: Twenty-five in -- 25 -- Commissioner Sarnoff So help me understand this. This building today, as of right, could build to what? Vice Chairman Sanchez: 24. Ms. Gelabert-Sanchez: Well, it's SD-20, so they have one more (UNINTELLIGIBLE). Commissioner Sarnoff Or maybe I'm not understanding it. Lourdes Slazyk (Zoning Administrator): It's 1.72 base that would virtually go to 2.0. This property is -- Vice Chairman Sanchez: Lourdes. Ms. Slazyk: -- R-4 -- Lourdes Slazyk, Zoning Administrator. The property's R-4 with an SD-20 overlay. Their base FAR is 1.72. The kinds of bonuses that they can take advantage of today is a 25 percent increase in FAR by contributing into the Affordable Housing Trust fund, and if they are over 50,000 square feet in land, they can also qualify as a PUD (Planned Unit Development) and get another 20 percent increase in FAR; that one they don't pay for, so it's approximately an 45 percent increase that they can request. Ms. Gelabert-Sanchez: And just to clarify. That extra one, if they were to ask for it under Miami 21, that would be a contribution, which today, it's not. Commissioner Sarnoff So Miami 21 will catch some more -- Ms. Gelabert-Sanchez: Precisely. Commissioner Sarnoff -- affordable housing money? Ms. Gelabert-Sanchez: Precisely. City ofMiami Page 63 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Vice Chairman Sanchez: Because it increase the money. Commissioner Sarnoff Right. Chairman Gonzalez: All right. Vice Chairman Sanchez: I'm glad that was brief. Chairman Gonzalez: That satisfies my concern. Vice Chairman Sanchez: All right. You have more? Commissioner Sarnoff I will renew my older motion, then, and I will move to approve this, subject to finding an additional floor of parking. Ms. Garcia -Toledo: We would -- we agree to the additional floor of parking -- Chairman Gonzalez: All right. Vice Chairman Sanchez: So you would proffer that? Chairman Gonzalez: We have a motion. Commissioner Regalado: Second. Chairman Gonzalez: Is there a second? Ms. Garcia -Toledo: -- and we would proffer -- well, it will be a condition. Your legislation will be amended by your staff to add that as a condition, the sixth floor of parking. Commissioner Sarnoff Correct. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: And we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Priscilla A. Thompson (City Clerk): Just wanting to make sure those conditions with the City Clerk [sic]. Chairman Gonzalez: With conditions. Ms. Thompson: Is that a modified resolution, then? Ms. Slazyk: Yes. Ms. Thompson: Thank you. City ofMiami Page 64 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: With conditions, and the condition that the Commissioner -- Ms. Garcia -Toledo: Con --I think condition 11 will need to be modified to add a sixth floor of parking, and condition 12 will need to be modified so that the 2004 Public Works agreement will be amended by working with staff. PZ.3 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 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 65 Printed on 4/20/2007 City Commission Meeting Minutes March 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 66 Printed on 4/20/2007 City Commission Meeting Minutes March 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. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0178 Chairman Gonzalez: All right. PZ.3. Commissioner Sarnoff I think we have to start labeling Lucia and Oscar peanut butter and jelly. He's as smooth as they come -- Chairman Gonzalez: Peanut butter and jelly. Lucia Dougherty: And I am -- Commissioner Sarnoff -- and the jelly part -- Ms. Dougherty: -- I'm all over the place, huh? Commissioner Regalado: But not the peanut butter that was recalled, right? Ms. Dougherty: No. Commissioner Regalado: The real one. Commissioner Sarnoff Not the recalls, right. Chairman Gonzalez: PZ. 3. Yes, sir. Roberto Lavernia (Chief of Land Development, Planning): PZ.3 is a Major Use Special Permit for the Omni Development project at 1501, 1701 Biscayne Boulevard. It's going to be a building with a height from 584 feet to 644 height, to be comprised of approximately 4,208 residential units, with a total of 6,154 parking spaces. Planning is recommending approval with conditions, and the Planning Advisory Board recommend approval with conditions, too. Planning City ofMiami Page 67 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 conditions number 11, I'm going to read it for the records [sic]. Pursuant to design -related comments received by the Planning director, the applicant shall meet the following conditions: (a) develop "Site 3" as a magnetic entrance for Metromover passengers. Provide a public plaza, cafe, or other pedestrian amenity that directly engage the Metromover station and will draw pedestrians into the project; (b) reduce parking to the minimum required for this site or consider taking advantage of Zoning Code Section 606.10.2.6, which allows a 10 percent reduction from the minimum required parking for any building within 600 feet of a Metrorail or Metromover stop; (c) provide at least one level of underground parking, off -site parking, or robotic parking to alleviate the verticality of the parking garage; (d) the pedestrian sidewalk remain -- realm 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) refer to the CRA (Community Redevelopment Agency) sfreetscape study and coordinate all landscape, hard scape, lighting and pedestrian amenities with this plan. Thank you. Chairman Gonzalez: You're welcome. Lucia. Ms. Dougherty: Good morning, again, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant, and joining me this morning is Mark Teitelbaum from Argent Ventures, and Jerry [sic] Gutierrez, from Arquitectonica, is here on behalf of Bernardo Fort -Brescia. This is a complete redevelopment of the Omni project. The current Omni building is one million square feet of retail, four hundred thousand square feet of hotel, and one million square feet of parking. Of the one million square feet of retail, only one hundred thousand square feet is actually occupied and utilized. The rest of the nine hundred thousand square feet in the Omni retail center is vacant. I think that tells you that this is a very unsuccessful project as we know it, and it needs redevelopment. It is a lot line to lot line project, from 15th street to 16th, from Biscayne to South -- to North Bayshore Drive, and staff and the Omni plan has called this an urban barrier, so I think that we all can agree that it needs redevelopment, and not only that, you cannot even walk from the Grand over to Biscayne Boulevard, because it takes up this whole behemoth block, so our choice was, when we first approached this project two years ago, do we develop this one section at a time, or do we do a comprehensive plan for the entire area and a phase project. When we met with the City initially, the City said to us, we don't want to see it piece by piece. We want you to do a comprehensive development for the entire block, so that we can see what it's going to look like overall and in 15 years. We don't want you to do it piece by piece, so that's when we embarked upon this planning process over two years ago, and what we have asked -- the City asked us to do and what we've done is a comprehensive plan for this entire block and a 15 year project in five phases, so our challenge though was how do we do this when we have a existing hotel and we have an existing school, art school, in the building, so how do we do this and still be able to do this -- Commissioner Spence -Jones: Maintain. Ms. Dougherty: -- phase project? Sherri Gutierrez and her colleagues have done a fantastic job of engineering a project that can do phased at a time and continue to keep these other operating entities. It's in our downtown master plan. It's 11 acres, net acres. It's 16 gross acres. It's the highest most intense zoning classification in the City. It is adjacent to CBD (Central Business District), which is in the Plaza Venetia area. It is -- has 4,558 parking spaces -- excuse me, 4,000 -- there are 4,208 units, where 5,744 are permitted. There are 4 -- there are 6,154 parking spaces, where only 4,558 parking spaces are required, so we're actually providing more parking spaces. The City has asked us, if you can see in one of our conditions, to actually reduce the number of parking spaces. We would like not to do that. We would like to maintain these parking spaces because we think it's necessary, being adjacent to the Performing Arts Center, and we think it's necessary because of the retailing and to make it a successful retail project. We are not asking for any FAR (floor area ratio) bonuses. We're asking for no variances. We're City ofMiami Page 68 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 asking for no special exceptions. This is a completely as -of -right project. Again, downtown ridership is supported by this kind of project. The Metrorail is supported by this kind of project. The Performing Arts Center is supported by this kind of project, and we have retail directly across the street in the Citysquare project, so these are the people who are going to support that retail that is directly across the street and in the Miami Herald parking lots. Chairman Gonzalez: Let me ask you one question because -- Ms. Dougherty: Sure. Chairman Gonzalez: -- you kind of confuse me. If you're not asking for anything and you're building as of right, why are you here? Ms. Dougherty: Because any project over 200,000 square feet has to do a Major Use Special Permit -- Chairman Gonzalez: OK. Thank you. Ms. Dougherty: -- so many times you'll have people who are under 200,000 square feet, but they want the bonuses and they'll do a Major Use Special Permit, but any project over 200 units or over 200,000 square feet or 500 parking spaces have to do a Major Use Special Permit, so in terms of the density, it seems like it's a lot of units per acre, but again, I want to tell you that it isn't that much. We are at 342 -- 362 units per acre; Quantum is at 500 units per acre. I mean, actually, physically approved. Opera is at 350 units per acre; 1650 is at 300 units per acre, so we're right in line in terms of the density of that area, and the area actually allows for 500 units per acre, so we're not taking -- we're not maximizing the number of units, but the most important aspect is we had been working with the City very hard. We've worked with all of our boards. We have unanimous approval from the Planning Advisory Board, the UDRB (Urban Development Review Board). We have no opposition. We've gone through all kinds of scrutiny. We've never had any opposition to this project because, in fact, it does a lot of really good things. One of the most important things that it does is it actually dedicates two new public spaces right through the block, the monolithic block that we have. We are actually having 84,000 square feet of new public area to be walked on; two acres, in fact, that we're actually dedicating to the public for public use. It's very expensive to do that. I don't have to tell you it's much easier to build one monolithic parking garage, like the (UNINTELLIGIBLE) one, as opposed to putting three parking garages with sfreets down the middle, which is -- you're going to see from the project, that's what is being proposed. Since it is a phase project, when the sfreets are coming in, you may say to yourself when are the streets going to happen? That might be a concern to some of you, so -- and it is over a 15 -- probably 15 year project, so what we have offered to do is to offer a proffer that in the case -- because one of the streets goes right through the hotel ballroom, so here's the proffer we would offer. When the hotel ceases operating as a hotel or, at the very least, or at the very latest, at the fourth phase, we will put the streets in that you'll see in this plan, so with that, I'd like Sherri Gutierrez, who is with Arquitectonica, to present the project to you. Sherri Gutierrez: Good afternoon. Sherri Gutierrez, vice president with Arquitectonica, offices located at 801 Brickell Avenue, Suite 1100, Miami, Florida. I'm going to walk you through some of the things that Lucia described, the decisions we made, and what the end result is. What you're looking at here is the overall site plan for the entire project. It's about -- approximately eleven and a half acres as -is. What we've done is we've managed to continue 16th Street and 17th Street in the east/west access by creating these promenades, one of which being the dominant promenade, which we're referring to as the Biscayne promenade as a public access easement. It's about a hundred feet in width, lined by retail on both sides, and continuing and spilling out along Biscayne. Sixteen Street, as well, wrapped with retail use from the ground level plane, and the idea here is to basically bring the pedestrian from the Performing Arts City ofMiami Page 69 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Center, from the activities occurring along Biscayne through the project, as well as create some outlets for vehicular traffic, as well, so you can see at the ground level here -- everything shaded with a light green use is all retail, so you can see that the entire project, from a pedesfrian realm, is wrapped. We've taken great lengths to animate the street front, as well as the internal sfreets that we've created. We think that the pedestrian promenade is a very important space for the project, as well as the City to allow a reprieve and a gathering area for this downtown area, and even to a certain extent, along Biscayne and within the project itself. Some of these retail spaces all -- are double height, so from a street facade, it's giving the scale to the pedesfrian, now that you're not blanked by a garage while you actually have activity along the sfreets. Then, as we continue up, the parking garages, which I'd like to point out as well, all of the access or the majority access to the garages themselves are internal from these streets, and we've been able to separate the retail parking garage from the residential parking garage, so there's dedicated retail parking and they do not commingle between uses, and then as you go up and you get to the top of the parking podiums themselves, we have a connection across 16th to connect these decks so that it becomes a larger amenity zone. We've provided some small two-story townhomes for residential living on these decks, as well, and then the towers continue in various heights, averaging about 61, 62 stories on top of this, and what you see here is from -- looking -- the view looking -- if you were coming north on Biscayne at the project itself as well as the scale and the atmosphere that we're attempting to create with the -- this Biscayne promenade that we're referring to it as. That's sort of a brief overview of what's being proposed here in front of you today. Ms. Dougherty: That concludes our presentation. If you are disposed to approving this project, we would ask that conditions 11(b) and (c) be stricken. Chairman Gonzalez: All right. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, public hearing is closed; comes back to the Commission. Commissioner Sarnoff. Commissioner Sarnoff I'll make a motion to approve it for discussions. Vice Chairman Sanchez: Second for -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- the purpose of discussion. Chairman Gonzalez: We have a motion and a second for discussion. Commissioner Spence -Jones: And I also just want to put a comment on the record, too. Chairman Gonzalez: All right. Commissioner Sarnoff, you're recognized for discussion. Commissioner Sarnoff With regard to the establishing of streets, I don't think I understood your proffer on how you're -- establish the streets. The street that I'm looking at to my left, which would be to your farthest right, would that be part of phase I? Ms. Dougherty: I'm going to have to ask Sherri. Ms. Gutierrez: You know, at -- you're -- Ms. Dougherty: To describe all the phases, where you're starting. Ms. Gutierrez: -- referring to 17th Street at this -- City ofMiami Page 70 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Sarnoff Well, I'm looking for the one most -- I think you're starting north, am I incorrect? Ms. Gutierrez: Correct. Commissioner Sarnoff Right. Ms. Gutierrez: The phasing plan, it starts here. I don't have a board, but -- ifI may? So this is the original anchor, which was the ,IC Penney, so this is the original start for the demolition, so once this is demolished, then this first phase gets constructed, as you see there, and continuing -- Commissioner Sarnoff Whoa, whoa. Wait. That would not include the sfreet, right? Ms. Gutierrez: It -- no. As of this phase, it doesn't include the street. I'm going to go through the process so that you can see when the sfreet does come into play. Then we are able to demolish the northern portion of the existing Omni garage and the fact that the circulation basically hits this side, so we take this portion out and then we're able to create phase II, so we start having the beginning of the access street here. Then phase III's proposal is to demolish the remainder of the parking garage and all the while, you know, the hotel is still operational; build temporary parking here, structured parking, and build phase III, as well as the new tower on the corner. Ms. Dougherty: Meanwhile, this is being -- Ms. Gutierrez: Utilized, exactly, and then here is when we propose to demolish the remainder of the hotel, the ballroom structures, et cetera, and when the actual sfreets would come all the way through 17th. This temporary parking goes away once the school building would come down. Commissioner Sarnoff And your estimates is -- are 15 years until completion? Ms. Gutierrez: Correct. Commissioner Sarnoff So we would not see streets for 15 years. Ms. Gutierrez: They would occur sooner, but useable, finished sfreets, probably ten years, because these will occur while these phases are under construction. Commissioner Sarnoff How long does that the have left to the lease? Ms. Gutierrez: I'm not sure. Ms. Dougherty: We have a 12-year additional lease with the school, but it's not actually a lease right now with the hotel. It's actually a management agreement, so you know, it's probably another 15 years, but that doesn't mean that -- all I'm saying to you is that we believe that in phase IV, or, when the hotel stops operating as a hotel, that's when we would agree to put this in. Commissioner Sarnoff Let me just say this. When I first heard this massive size of this project, I was so prepared to dislike it, but when you go through your MUSP (Major Use Special Permit), when you go through the detail of what you've done, and providing you build the entire project, which is a big concern of mine -- because I think market conditions can change. I think many things can change in 15 years. If you look at what you're proposing, I mean, it is a truly extraordinary project. You are taking what is a pretty big eyesore and creating, although massive, an incredibly well thought-out, I'll have to call it a community because it is so large. I call this the second Midtown because it's almost the size ofMidtown to me, and it's probably the first project that I've gone through the MUSP from probably beginning of the cover to the end of City ofMiami Page 71 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 the cover, and I give you a lot of credit for the small details you've provided with regard to the size of your sidewalks, to your setbacks. You've created a lot of open space that didn't exist. My concern is that we won't see the streets for 15 years, and I'm -- how can you help me with that? Ms. Dougherty: Again, I think that -- you're right, we don't know what's going to happen in the future. We don't know if this hotel goes away, so that's what I'm saying to you. At the minute that this hotel ceases operating as a hotel, we will put the streets in, no matter what phase we're in, but at the very least, the fourth phase, which is when they had planned on it anyway. Commissioner Sarnoff Let me ask you one last -- Ms. Dougherty: And the last phase is where the school is, which is 15 years out. Commissioner Sarnoff And they have a 15 year -- Ms. Dougherty: They have actually twelve and a half left, I think. Commissioner Sarnoff OK. Ms. Dougherty: Twelve left. Commissioner Sarnoff Twelve. Ms. Dougherty: It was an original 15 years. Commissioner Sarnoff Are any of your buildings here proposed green, green buildings? Ms. Dougherty: I'm going to have to ask Sherri. Vice Chairman Sanchez: Oh, you've caught up with that phrase, huh? Commissioner Sarnoff I love that phrase. I love this LEED (Leadership in Energy and Environmental Design) green building. Ms. Gutierrez: It's obviously -- throughout the process of the demolition and the planning, in and of itself, we've already earned an accreditation. It's something that we have discussed with Argent, if they would like to go forward and do all the necessary paperwork and the filing, but with what you see presented already here today, it's, for the most part, done. It's -- we're eligible to do that. Commissioner Sarnoff Could you make a commitment that you would make the silver standard? Ms. Gutierrez: That would be a commitment that the developer would have to agree to do. I mean, we can -- we could achieve it architecturally, but that's something that they would have to commit to as well. Commissioner Sarnoff Silver is not the tough one. That's the -- Ms. Gutierrez: No. It's -- it should be. Commissioner Sarnoff I should be asking for platinum. Ms. Gutierrez: I mean, there's a lot of things just within the demolition, in and of itself, that would -- City ofMiami Page 72 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Sarnoff Lourdes is saying let's go for platinum -- Ms. Gutierrez: -- the points. Commissioner Sarnoff -- that we could be the first platinum building in the southeast -- there's only one platinum building in America right now. Ms. Dougherty: We will apply for the LEED's silver standard. Commissioner Sarnoff LEED silver standard, and meet -- Ms. Dougherty: Correct. Commissioner Sarnoff -- that standard. Ms. Dougherty: Yes. Commissioner Sarnoff All right. I'll make a motion to approve, subject to that condition. Chairman Gonzalez: All right. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion with a condition, and we have a second. Commissioner Jones [sic]. Commissioner Spence -Jones: Yeah. I mean, I just had -- Ms. Dougherty: And -- Commissioner Spence -Jones: -- again, this is definitely an item that's in Commissioner Sarnoffs district. Originally, I pulled the item because I was concerned, as the chairperson of the CRA, after visiting the overall site where the Omni was, it was kind of communicated that it was going to be a different project altogether, and maybe the reason why that discussion didn't come up was because apparently they knew it was going to be coming in front of us, but what was kind of communicated was, you know, kind of taking the existing building that was there and that the school would remain there. Again, you know, I'm always concerned about young people in higher education, so when I saw another project and I had just visited the location not even 60 days prior to the item, I'm like, how did it change so fast, so quickly from one thing to the other, and then the other issue -- and I still have a concern with, and I'm hoping that we're able to work through it, even though you're saying it's 15 -- somewhat fif -- maybe perhaps 15 years out, is one of the oldest churches in that area that has been swallowed by all of the major development that's happening in this area, on the corner, I believe, of 15th. The bishop there or the father there has been very concerned that the parking that's, at least, at the Omni -- presently, they used to could have -- you know, they could afford it, $3, you know; now the parking's gone up to $25 per person to park to even go to mass or to church, so I understand that the owners have been working along with the parishioners in the area to make life a lot easier, because they're starting to lose their members, so my question was, as I see all the redevelopment stuff happening -- going on, I'm just concerned that, once again, we might handle the situation now, Commissioner Sarnoff, from the standpoint of providing access to those members now to be able to park there, but what happens to them then, because it's really nowhere -- I mean, they've been using Omni for years, you know, to park, and they could afford it, but literally, my office has been, you know, bombarded with phone calls, and I referred many of them over to your office, and we've been trying to work it out, and I thank you, Lucia, for working through those issues because this is -- that was the concern for me. It's like what are we doing for the local residents or the folks that City ofMiami Page 73 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 have been coming there for God knows how long, and everything's growing up around them and they're being pushed out, so -- Commissioner Sarnoff If you want to offer a friendly amendment, I don't mind. Commissioner Spence -Jones: Can we? Commissioner Sarnoff Sure. Commissioner Spence -Jones: So what -- I know -- Ms. Dougherty: We have -- Commissioner Spence -Jones: -- the issue has been resolved for now, but -- Ms. Dougherty: -- been working with the church. I must tell you -- and I apologize -- but no one ever spoke -- they may have been complaining to you, but no one ever called our office. Commissioner Spence -Jones: OK. Ms. Dougherty: No one talked to the owner, so it was a surprise to us when -- Commissioner Spence -Jones: Well, I -- Ms. Dougherty: -- we heard about it the last time. Commissioner Spence -Jones: -- wanted -- I commend the owner -- I don't know if the owner is here -- for at least making the necessary accommodations because they -- Ms. Dougherty: We have offered them discounted parking for -- Commissioner Spence -Jones: OK. Ms. Dougherty: -- their parishioners. Commissioner Spence -Jones: So what happens, Commissioner Sarnoff, after this project starts moving? Because there's literally no parking around there. Is there anything that --? Commissioner Sarnoff Well, I -- the question becomes can they -- during the construction process, can they accommodate --? I take it, it's a Sunday would be the issue or is -- Commissioner Spence -Jones: Yeah. Commissioner Sarnoff -- it a Sunday --? Commissioner Spence -Jones: I think it's Sundays, right? Right, Lucia? It's Sundays, right? Ms. Dougherty: Yes. Well, that's usually I think when they are, yeah. Commissioner Spence -Jones: Yeah. Ms. Dougherty: I think that's the issue. Commissioner Spence -Jones: Yeah. City ofMiami Page 74 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Sarnoff Could you accommodate 30 parking spaces, is that about it, or how many we talking about? Commissioner Spence -Jones: I mean, I -- what are they working on? What are you providing now? It's kind of hard to go against the father, so you know, it's -- Mark Teitelbaum: Sure. Mark Teitelbaum, principal ofArgent Ventures, the developer. We've - Commissioner Sarnoff Which church do you go to? Mr. Teitelbaum: The one next door. The -- we've met with the church and have an agreement with them to -- Commissioner Spence -Jones: OK. Mr. Teitelbaum: -- provide discount parking on -- for Sunday services. Commissioner Spence -Jones: About how many parking spaces is this, sir? Mr. Teitelbaum: It's not clear. They don't know, but it's usually 30, 40 -- Commissioner Spence -Jones: OK. If we could at least -- Mr. Teitelbaum: -- spaces, so -- Commissioner Spence -Jones: -- find somewhere? I mean -- Mr. Teitelbaum: Sure, of course. Commissioner Spence -Jones: -- that was my only issue. Mr. Teitelbaum: But that was the first time we were aware of it, when it -- Commissioner Spence -Jones: OK. Mr. Teitelbaum: -- came up last time, so happy to accommodate them. Commissioner Sarnoff And this would be for any religious organization? Mr. Teitelbaum: Yes, yes. Commissioner Sarnoff OK. Commissioner Spence -Jones: I think that's the only one over there. Chairman Gonzalez: All right. Commissioner Sarnoff Just don't want to get into a separation of church and state. Chairman Gonzalez: Do we have --? Commissioner Spence -Jones: So do we have to amend it or anything? Commissioner Sarnoff Yeah. I'll make a further amendment that they accommodate up to 30 City ofMiami Page 75 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 parking spaces for religious activities in that neighborhood. Commissioner Spence -Jones: That's fine. Chairman Gonzalez: All right. Commissioner Spence -Jones: I second it. Chairman Gonzalez: All right, so we have a motion, as amended, and we have a second. Ms. Dougherty: You forgot (b) and (c) -- Chairman Gonzalez: I think it's a resolution. Commissioner Sarnoff Oh. Ms. Dougherty: -- and -- Commissioner Sarnoff I'm sorry, Mr. Chairman, but we're also -- I also want to make sure that (c)--11 (c)and 11 (d) --? Ms. Dougherty: (B) and (C). Commissioner Sarnoff (B) and (C) -- I apologize -- are equally redacted from the recommendations of the Planning Advisory -- by the Planning Department. Redacted, meaning taken out. Chairman Gonzalez: All right. We have a motion, and we have a second, with all the amendments. Commissioner Sarnoff Right. Chairman Gonzalez: It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Ms. Dougherty: Thanks very much. PZ.4 06-01847Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 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 76 Printed on 4/20/2007 City Commission Meeting Minutes March 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 06-018471u Submittal Petition.pdf 06-018471u Submittal Petition II.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 Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12899 Chairman Gonzalez: All right. PZ.4. It's 12: 41. We're going to -- Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: -- stand in recess at 1 p.m. I want to ask -- Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: -- is there any opposition on PZ.4? There is opposition on PZ.4. Commissioner Regalado: So we might as well -- City ofMiami Page 77 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 "[Later...]" Chairman Gonzalez: All right. We're going to commence with PZ.4, 5, and 6. Hi. Roberto Lavernia (Chief of Land Development, Planning): Good afternoon, Commissioners. For the record, Roberto Lavernia, with the Planning Department. Four, five, and six are companion items. Four is the land use map; five is the zoning change, and six is the Major Use. I'm going to let Mr. Harold Ruck to present the land use, and later, I'm going to present the Major Use, and put on the record the conditions. Chairman Gonzalez: OK. Harold Ruck (Planner II): Good afternoon. This is -- I'm Harold Ruck with the Planning Department. The proposal of the subject site, at approximately 3209 Southwest 23rd Terrace and a portion of 2340 Southwest 32nd Avenue, it has been reviewed for a change to the future land use map of the Comprehensive Neighborhood Plan from duplex residential to restricted commercial. The subject properties are comprised of two lots; one fronting Southwest 23rd Sfreet and one lot fronting Southwest 23rd Terrace. This is between Southwest 32nd Avenue to the east and Southwest 34th to the west. The properties are adjacent to restricted commercial; land use to the east and north and a duplex residential to the south and west. The Planning Advisory Board recommended denial of the application, and the Planning Department recommends denial of the application. The character west of the subject property is -- along Southwest 23rd Street and Northwest 23rd Terrace is residential, specifically duplex residential. The requested change will represent intrusion of commercial uses into a low -density residential neighborhood. The Comprehensive Plan Goal L U.1 encourages a land use pattern that protects and enhances the quality of life of the City's residential neighborhoods. For these reasons, the Planning Department recommends that the future land use map in this neighborhood should not be changed. Thank you. Chairman Gonzalez: Thank you. Yes, sir. Good afternoon. Gilberto Pastoriza: Good afternoon, Mr. Chairman, members of the Commission, and ifI could, for the sake of brevity, I would like to -- this presentation to apply to items 4, 5, and 6; they're all three companion items. I represent Elias-Carreras family, who are the owners and the operators of the Renaissance Ballroom, which is located on the west side of Southwest 32nd Avenue, between 23rd Sfreet and 23rd Terrace. You may recall, Commissioners, that last month, you voted four to nothing, on first reading, to approve a Comprehensive Plan amendment and a rezoning on this application. Today we're before you on second reading for those two items, and the approval of a Major Use Special Permit for this property -- Vice Chairman Sanchez: Why don't -- let me interrupt you. Why don't we put the conditions on the Major Use? Mr. Pastoriza: OK. Mr. Lavernia: I just want to add that land use and zoning change are for the address 3209 Southwest 23rd Terrace and portion of 2340 Southwest 32nd Avenue. For the Major Use, we have those two items, plus the address that's on 32nd Avenue. The Major Use, we recommend approval with conditions, and the PAB (Planning Advisory Board) recommend also approval. Commissioner Regalado: Can't hear -- you have to start over. I can't hear. That's what -- you have to start over. Mr. Lavernia: OK. I just said that land use and zoning change was for the addresses 3209 City ofMiami Page 78 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Southwest 23rd Terrace and portion of 2340 Southwest 32nd Avenue. The Major Use include those two addresses, plus the addresses of the lots facing Southwest 32nd Avenue. We -- Planning Department recommend approval and the Planning Advisory Board recommend approval with condition, excluding condition 11(d), that I'm going to put on the record right now. Condition 11, pursuant to design -related comments received by the Planning director, the applicant shall meet the following conditions: (a) revise the scheme of the project not to utilize the maximum FAR (floor area ratio) and/or configure the massing of the building to introduce setback [sic] that will reduce the height and impact of this structure on the adjacent properties; (b) provide an enhanced level of public benefit and amenities to the proposed mixed -use project; (c) provide windows along the proposed blank walls and when it's unfeasible, provide texture or other form of treatment to help breakdown the massing of those walls, and (d) -- and this is the one that the PAB recommend not included the amount and dimension of the curb cuts proposed are excessive and need to be reduced. Thank you. Vice Chairman Sanchez: That's -- excuse me. For the record, that's the one that they're recommending not to be included? Mr. Lavernia: Not to be included. PAB recommend to exclude condition (d). Mr. Pastoriza: Mr. Chairman, ifI could? Chairman Gonzalez: All right. Go ahead. Mr. Pastoriza: Members of the Commission, the Major Use Special Permit is going to approve a mixed -use project consisting of retail in the ground floor, an office building, and then the banquet room, with the facilities on top of the building. As you're well aware, most of the recent projects that have been approved in this area are really projects that are residential. There is dire need for office space in this neighborhood, and this project, hopefully, will satisfy that need. I will briefly recap for you the justifications for the comp plan amendment and the rezoning, and then I'll have my architects, Julio Diaz and Frank Paredes, from Fullerton Diaz, go into the project in detail. The first thing that I think is very important for you to know is that all of these lots, all of these nine lots that you see there now, that's the Renaissance property right now as it exists. The green area are -- is Z-1 [sic] restricted commercial, and then the gray area are duplex zoning. They're all owned by one person. We are requesting that we -- one of the requests is for us to change the comp plan designation on the lots that are internal to our property and closest to the commercial of the already -designated restricted commercial and zoned lots, so these are the lots that we are seeking the amendment and the rezoning. Right now the property -- and I'm sure you're very familiar with it -- consists of the restaurant which lies on the southeast corner of the property, and the balance of the property is all the parking lot. In other words, this property right now -- because all of these lots have an SD-12 overlay on them already. The entire property right now is really a commercial use with the facilities here and surface parking in all of the rest of the lots. We are proposing or the request that we're -- the comp plan and the rezoning that we're doing, it's in line with a recent request for the lots to the north that it was approved for the same designation and the same rezoning as ours, so the two lots that we are rezoning, besides the fact that they're internal to our property, are also consistent with that line, and that was Ordinance 12339. With all due respect to staff and contrary to their analysis, we are neither creating an intrusion into the commercial -- we're neither having an intrusion of the commercial into the residential, nor are we creating any domino effect. We are not creating an intrusion into the -- of commercial into residential because we are providing our own buffer. We are leaving these three lots, we are leaving them duplex, and we are proposing on those lots to construct four residential units, where, right now, there is a parking lot for the commercial use, so there is no intrusion because we have prevented that to occur further west. There is also no domino effect. There is really no domino effect here because in order for this to be a domino effect, we would have had to go all the way to the west. Since we are leaving three lots duplexes, and we're providing residential in those duplexes -- in City ofMiami Page 79 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 those duplex lots, there is no way that there will be a domino effect going west because we, ourselves, are creating that stopgap. There is no domino effect to the east because it's commercial already. There is no domino effect to the north because you have an existing building already there that is comparable to our building that we're proposing here today, and to the south, there is no domino effect to the south either because we are the last commercially zoned property along this corridor. The rezoning of these two lots also has really made our project more sensitive to the neighborhood. It has provide -- we've been able to do a lot of things here, as a result of our ability to rezone those two lots. For example, we think that our project is very neighborhood -sensitive because we've done a number of things to the project to make that happen. First of all, what we have here, we are providing all underground parking. All parking for this project is going to be below ground, so what that has done, in essence, is it has allowed us to be able to do a smaller building on this property. In addition to that, we have also cut down on the floor -to -floor dimensions on each floor from a typical 14-1, 14-2 on a standard office building or to a 11 foot 8, so again, that drops the building further down. Also, we've done two things, and these two things -- and all of these things by the way, are in response to some of the neighborhood meetings that we've had, and also in response to condition number 11(a), so we brought the whole building down, and then we have also shifted the building all the way to 32nd Avenue so that this building sits right up close to 32nd Avenue, furthest away from all the residential to the west. Not only have we shifted the entire building to the front of the property, but we have also taken steps so that the building, as it goes into the neighborhood, steps down. There is a step-down at the ballroom level, and there's also a step-down at the second floor level. These are 12 feet and 20 feet that we're further pushing the building towards 32nd Avenue. We have also done the same thing on the north/south direction, and what we've done there is that we have created also stepbacks from 23rd Terrace and from 23rd Street, so that the -- we have done that again at the second store -- at the second level, and the ballroom level. At the end of the day, what you have is the tallest part of your building is located on 32nd Avenue in the middle of the property. I would like now to have Mr. Paredes go through some of the more salient features of the development. Francisco Paredes: Good afternoon, Commissioners. For the record, Frank Paredes, with Fullerton Diaz Architects, 366Altara Avenue, Coral Gables. Just to go through and start maybe at the bottom and take you guys up to the top, at some of the thought process of things that we've done. We're really very proud of this building. I think this building needs to really be analyzed for sort of a case study of what it does when it actually has commercial buildings up against residential buildings. We've been very lucky to deal with this owner, who is actually an owner and not necessarily a developer, and I mean that because if we were probably doing this project for any other developer, I would touch on some points that you'll notice where the actual ownership from someone who wants to operate this building would take a decision that a developer wouldn't. First, we have the ground floor, which is completely retail, and drop-off off 32nd Avenue. We've created a two-lane in and a two-lane out, so that it can service the ballroom feature. We've gone through great extent to be able to bring the limousines into the inside and work all the columns to be able to accommodate all the traffic that's going to happen here, and I really think that we know that there's going to be a certain level of traffic here, and I want to show you guys how the flow's going to work, because we've really worked really hard to try to minimize the impact on the residential district. A person would approach this building from 32ndAvenue and bring their car into here and actually valet the car, then they would proceed into the elevators and go back up to the ballroom, which would happen on level 7. The valet would then take the car out onto 32nd Avenue, and instead of penefrating into the residential neighborhood on 23rd Terrace, we've created this dual-purpose private drive that actually serves as an entrance and rear parking to the four units that we're providing, as well as a small cut -through lane so that they can then enter the parking garage, which has two levels of basement parking. The way that it works is that you really don't have any cars that are being impacted from the office or from the ballroom going into the residential area. Obviously, there's some neighbors who will come and talk and say, you know, what happens if this person comes out here and makes a right turn? You know, we can go as far as putting signs of "Left Turn City ofMiami Page 80 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Only" and things like that, but since it's really going to be valet -operated, it really will run very, very smooth using this internal loop. We could have used this loop for more footprint, for more commercial space, for more residential space, as we're not even peaking. We're nowhere near peaking the FAR (floor area ratio). The FAR, we're leaving about 16,000 square feet of FAR, which is one of those points that if we were really doing this for a developer, we probably wouldn't be allowed to do. The other thing was being able to do two levels of basement parking. A developer probably would never allow us to do that. We've actually -- the reducing of the floor -to -floor heights from 14 foot to 11/8, a developer would not allow us to do that, and what we've been able to do is instead of having a commercial intrusion, although we are asking to rezone these additional 50 feet so that we get a bigger footprint, it's really a bigger footprint so we can be wide and low, because if the -- our owner came to us and said, I just want to have an office building, we probably would have had enough with the commercial lots that were already here; we wouldn't be asking for a rezoning, and we'd be putting a 12-story building, just office, and leaving the a surface parking lot, which already is the commercial intrusion into the residential district, so what we've done is we've actually pulled residential closer to the commercial side by lining and becoming our own buffer, with three units on the north, one unit on the south, and having the building transition with the stepping that we're doing so that you will have more houses coming closer to the commercial than having this big gap of asphalt. The typical floor of the office building is only five levels of office; typical suites ranging from a thousand square feet to eighteen hundred square feet, and then you have your ballroom floor, which is on level seven, and really the ballroom is what's triggering us to come in for the rezoning. The ballroom really can't sit on a hundred square foot lot because then the room would be very, very, very long, so what we need is that additional width that the actual office probably wouldn't need, but we need the width to be able to do the ballroom and that was the vision of the owners here, of being here and working here and owning this property and having the weddings and the anniversaries and the quinces that happen here is to really stay here, and the only way they can really stay here is by having the ballroom, so we've recommended again, hey, you can do an as -of -right 12-story building, but no, let's go for the MUSP (Major Use Special Permit), let's go for a rezoning, stay low, stay mean, step the building, articulate it, line so that there's no garage. There really is no garage in this building; it's all underground, and be able to add an incredible amount of landscaping. Look at all the green on this board. Right now, if we were to show you a picture of the aerial, it is all black surface asphalt, and someone in this building would come in and they would sell the property, and the developer would come in and maybe just put a 12-story office building here, and if they don't get the rezoning the way we're trying to get this thing done with this MUSP, they have two options: they can go with an as -of -right scheme that they would do a 12-story office building and move their ballroom facility to another one of their properties in the City, so we felt it was important to have the opportunity to be able to articulate a building, where we actually do respect the 40-foot height and the one and two slope. Everything you see in the light gray and in the dark gray, this is all usable volume, and we're nowhere near it on any single level, and in the other direction, which Gil showed you already, butt just really want to hash it, is look at the amount of gray that you see on this board. The building could really be this tall and this wide and this massive, and the building will grow ifyou don't get the rezoning and the width to be able to provide the ballroom on the top floor, so it's crucial and it's important to understand -- and this is the things that's we've talked about with the neighbors, which is why the majority of the neighbors have understood the project, and think that it's an interesting project that actually has a little bit of retail, has office, which is in the neighborhood, and gets the owner to stay here with a ballroom facility; at the same time, bringing four units closer than what was currently an asphalt parking surface. Again, one of the other points that I want to show because every building really has a backside to it, our loading area is completely internalized and it actually abuts the loading area of the building to the north, which has about the same height volume and footprint because they were also able to rezone when their MUSP came up in '04. I forget when the date was. Mr. Pastoriza: Thank you, Frank. Finally, we held two community meetings. One back in July of 2006 and the other one as resent of January 2007. Besides that, after we had our first reading City ofMiami Page 81 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 here, Mrs. Carreras and some of her staff went door-to-door in this neighborhood and they collected 193 signed petitions; 111 of those signed petitions are for people who live on 23rd Sfreet, 23rd Terrace, and 24th Sfreet, and I would like to put that into the record, and that would conclude my direct presentation. I would like to preserve some time for rebuttal. Oh, by the way -- I'm sorry -- we do have here some homeowners and residents that would like to speak in favor of the project. I know that, according to your procedure, I think the other side goes first and then the -- do we get them to --? Our -- Jorge L Fernandez (City Attorney): Well, in your case, yours is an application, andl don't know that there is necessarily another side. Mr. Pastoriza: OK. Mr. Fernandez: It's in appeals, where there is typically another side -- Mr. Pastoriza: Yeah, so we can go ahead and present our --? Mr. Fernandez: Well, no, no. It's up to the Chair. Now, you have spoken. Now the Chair then will start calling members of the public, unless you have an organized opposition that has retained the services of an attorney, and at that point in time, the Chair has determined that he would give another attorney speaking in opposition, perhaps to your position, he would give equal time. That's what the Chair has ruled. Chairman Gonzalez: Is there any attorney here representing opposition on this item? All right. We don't -- there is no attorney representing opposition. Vice Chairman Sanchez: How many in favor? How many --? Mr. Pastoriza: We -- Mr. Chairman, we've selected just a -- two or three, but do want to -- this Commission to know that there's a lot of people here in favor of this application, and I would like for them to rise, please, all of those that are here in favor of this application. Thank you, and then -- thank you, and we will be very brief Mr. Chairman. Chairman Gonzalez: All right. Mr. Pastoriza: And at the conclusion of their presentation, I would like to just reserve some time for rebuttal. Chairman Gonzalez: As I said at the beginning, I'm going to allow two minutes to each speaker. All right. Let's go. Jorge Goudie: Good afternoon. My name is Jorge Goudie, and I live at 23 -- at 2750 14th Sfreet, and I've resided in Miami -- in the City ofMiami since 1960. My mother had Ballet Academies on Coral Way, and I've been in this area all my life, and my family, as well as the Elias family, which I've known since 1970, has been in the service of helping people get their lives together and help people that are in needs [sic]. I know that for a fact the employment level that this project would allow would be beneficial to the area. I know that the area is well and really not too well maintained, and a project of this volume would only enhance the neighborhood and raise everybody's property taxes and everything else, not taxes but the value of the houses. Yeah, let me rephrase that. Commissioner Sarnoff That's the inevitable outcome. Jorge Goudie: Yeah, you know, take foot out of mouth, but anyway, I do believe that this project will be a great help to the community. Thank you very much. City ofMiami Page 82 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Vice Chairman Sanchez: Thank you. Chairman Gonzalez: Thank you. Next. Jimmie Elias: Good afternoon, Commission. My name is Jimmie Elias, I'm one of the owners at 2340 Renaissance Ballrooms [sic], and the last time I was in front of you, you know, we were in great excitement. We thought we had come to a great agreement with our neighbors. We had met with them a couple of times. There may be some opposition today, butt want to state one more time that our family owns and operates this building. We hope to build our new ballroom on the top of our new building, so that we ask stay in the City ofMiami and operate. We employ over 150 people from the City ofMiami. Not too many employers can say that, and I just want people to understand the plight that's going on. We have a tax base right now where our taxes right now on our property is approximately $120,000. That's $10,000 a month to pay -- for our property. We have tremendous competition from Coral Gables; new buildings that have gone up, super structures, that we can't compete with in our present state. It would be a shame for us to have to leave our property, maybe sell it to a developer that would take full advantage of the square footage of our property and overdevelop it, you know, into a residential, which isn't warranted in that area, and that's why my family and I decided to stay here and operate our business. I get emotional because, you know, I see a lot of good people that are here, neighbors of ours, that are in favor of this project, but yet, there are a few people that are scared of progress. This progress isn't in any area near their homes. We're in an area, as Mr. Goudie said -- right now we're fighting the sale of drugs right across the street from us, as we spoke here at our last Commission hearing. We fight on a daily basis with the City ofMiami Police Department. We have closed one of the places right directly across from us as a result of working with them. We are community -based, and as our Commissioner stated last time we were here, we do community -based projects. We are involved in our community strongly. From whatever race, ethnic background you come from, we're involved. It's not only about business. It's about being a resident of the City ofMiami -- Chairman Gonzalez: Thank you. Mr. Elias: -- and I look forward to having this passed so that I can move back into my backyard. Thank you. Chairman Gonzalez: Thank you. Thank you very much. Applause. Chairman Gonzalez: Next. No clapping. Mr. Pastoriza: Commissioner, I think for the sake of time, you know, we're done. I just want to save a little bit of time for rebuttal. Chairman Gonzalez: Right. All right. Anyone in opposition to this project, please come forward to be recognized. Good afternoon. Gilda Rodriguez: Good afternoon. Thank you. Chairman Gonzalez: We need your name and address for the record. Ms. Rodriguez: Yes. Gilda Rodriguez, 2930 Southwest 25 Terrace. I'm representing some of my neighborhoods in Golden Pines Neighborhood Association, who came to my door and ask me why we didn't come last time. I wasn't present, and I wasn't in Miami. We in opposition not of the project itself, we're in opposition of the zoning change of the two lots that we consider, as City ofMiami Page 83 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Planning just said, that is an instruction [sic] on the residential area. Our neighborhood is here or every time that you have a zoning change, and we always saying the same, and in my neighborhood in particular, we have been suffocated by all these new buildings, so we are not afraid of the progress. We are afraid of being displaced with our houses, and I also went door-to-door in those two street, 23rd Terrace and 23rd Sfreet, last weekend. I collected like 150 signatures, and many of these people say that they had signed their petition that they were told, like they didn't build their building, they are going to be in bankruptcy. They didn't know the extents [sic] of the project at all because nobody explain it to them, so they sign my petition, too, so one more time, we are just not in opposition of the project; we are in opposition of the zoning change that could be built when it exist in a C-1 right now. Thank you. I think that -- Chairman Gonzalez: Thank you. Ms. Rodriguez: -- other people want to talk, too. Chairman Gonzalez: Anyone else in opposition? Judith Sandoval: Good afternoon. Judith Sandoval, 2536 Southwest 25th Terrace. I live in the neighboring neighborhood to Golden Pines where this is going up, and I often work with the Golden Pines organization. In this case, I also went around for the neighborhood getting petitions signed and finding out about the project, and in addition to what Gilda is entering, I have some more signatures on a petition from 23rd Sfreet and 24th Street, and I heard the same story from the people who signed the other petition, that nothing was explained to them, except we want to build our building; will you sign our petition. When we explained to the people that, you know, when you have valet parking, a lot of people don't want to pay, and I'm not talking about the office people; they'll probably put their cars underneath all day, but you go to a party at night and there's a hassle of the valet parking, and the neighbors know that all over those streets people are going to be parking in front of their driveways and their houses, and sure, you can call the police and get them hauled off but not right then when you're trying to get in your driveway or trying to get out, and the neighbors just don't want any more high buildings, not even six feet. Coral Way is just a couple of blocks away. They hate all those high buildings, those condos along Coral Way. There are others along 32nd Avenue. Now, I wanted to ask a couple of questions of the gentleman, the architect, or Mr. Pastoriza. Is it true that you have asked for a reduction in required parking? Mr. Pastoriza: Yes. Ms. Sandoval: That should not be granted. Chairman Gonzalez: Next question. Ms. Sandoval: Let me think what else I was going to ask. I -- Chairman Gonzalez: Time is running. Ms. Sandoval: -- and that should not be allowed, and this road cutting through in the back, which is allowed by the rezoning, which the rezoning permits, I understand that they have made an attempt to facili -- to take the onus off the neighborhood in regard to deliveries and the entrance of these limos, and so on, but still -- Chairman Gonzalez: Time is up. Ms. Sandoval: -- the road in the back -- the entrance and the exit is on the side streets, and this presents transportation problems. We are not in the practice of allowing this from buildings on the front of the avenues. City ofMiami Page 84 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: You have exceeded your time. I have allowed you more than the two minutes that I'm allowing -- Mr. Sandoval: Well, thank you, Mr. Gonzalez -- Chairman Gonzalez: -- for everybody -- Mrs. Sandoval: -- for allowing -- Chairman Gonzalez: -- so -- Ms. Sandoval: -- me more time. I just want to say -- Chairman Gonzalez: I don't want -- Ms. Sandoval: -- one more thing that I thought of -- Chairman Gonzalez: -- the other side -- Ms. Sandoval: -- a very short thing. Chairman Gonzalez: -- to say that I'm unfair to them because I'm giving you more time than I'm giving them. Ms. Sandoval: Mr. Pastoriza wouldn't say that about me. I just wanted to make a comparison. You know, when you live in a residential neighborhood and you've got a great big building in your face all the time, it's like being married to a guy who's got a big, black wart with hairs on it the size of a golf ball in the middle of his forehead, and I don't think anybody around here would like that, but that's what it's like when you have these buildings in your -- next to your little house there. Thank you. Chairman Gonzalez: Thank you, ma'am. Anyone else? Carlos Haza: Hi. My name is Carlos Haza. I live at 2951 Southwest 27th Terrace. I would just like to say that they've done a great job in this presentation, and the building that they've, you know, presented here today. They have worked with the neighbors. They have had meetings with us and everything. The only thing that we disapprove is the zoning change. If you look south of this building, along 32nd Avenue, it is commercial, but not six properties beyond that, and this is going into a residential area. OK. Thank you. Chairman Gonzalez: OK. Very good. Anyone else? Yes, sir. Clarke Hamlet: Clarke Hamlet, from 2920 Southwest 25th Terrace. Basically, the same complaint that the others have here, but all I can say is living there now compared with a few years ago, all these condominiums going -- you take your life in your hands getting out of those streets, and you know, we're just going to get more and more and more of it. Some way it's got to come to a stop. Some way it's got to get held down to minimums, but when you get a, you know, 13 -- I don't know how many stories, but whatever it is, it just makes -- what do you call it, the infrastructure of getting in and out, going up -- now you got it up on Coral Way and 32nd Street -- Ave, coming down all these condos going in there. It's just -- it's horrendous. Chairman Gonzalez: Yeah. Mr. Hamlet: That's it. City ofMiami Page 85 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: Thank you. Anyone else? All right. That concludes the presentation on the other side. You have some time to -- Mr. Pastoriza: Mr. Chairman -- Chairman Gonzalez: -- rebuttal. Mr. Pastoriza: -- I'll be very brief in my rebuttal. You've heard those neighbors that are in opposition that are closest to this property, that they really don't have any objections to the project. They like the project. What they don't like is the rezoning in the comp plan of those two lots. What makes this project that feasible and that good-looking is the fact that we have rezoned those two lots because it gives us the footprint so that we are able to do the building that we're doing, and beside -- and remember that we are self-contained. We're providing our own buffering. We're providing four residential units where there's only parking spaces there now. I would ask that you approve, on second reading, the comp plan, the rezoning, and that you go along with your staffs recommendations in supporting the Major Use Special Permit, except with the deletion of condition 11(a), and I thank you very much for your time. Chairman Gonzalez: Thank you. All right. It comes back to the Commission. Commissioner Regalado -- Commissioner Regalado: Thank you very much -- Chairman Gonzalez: -- this is -- your back. Commissioner Regalado: -- Mr. Chairman. It's always good to see residents. For me this is an area that I've known and I can say I understand. I have lived in the Coral Way area since 1962. My first visit during high school was to Jimmy's Hurricane. Probably some of the people don't even remember here, but it was on 37th Avenue, where you eat hamburgers and fries and pizza. My first date was at the Studio, the old restaurant that used to be right there right then. Then I have the good fortune of representing the area, and I represent part of -- small part of Golden Pines and a total area of Silver Bluff and we have work a lot with the people in Silver Bluff and unfortunately, the past Commissioners or Commissioner of this -- that we share did not address some of the issues that the people now are addressing in terms of garbage and streets and all that. Now they have the good fortune of having a new Commissioner for the area, so we share the area, starting on 24th Terrace, but the area that we represent, 32nd Avenue, needs to be addressed. Someone mentioned here that the police has to close down a place across the street, and thank you to the police because this was one of the most hot spots in the area. Then we have a nightclub that is grandfather, who, by the way, does not have parking at all. This is the problem for the people east of 32nd Avenue, and hopefully, someday we will be able either to do residential parking in those streets, and I'm working with some of the residents, because it is worth paying $25 a year in order to be able to go and exit your home freely. On the 32nd corridor, we have a project that hopefully will be done, and this is a partnership between District 2 and 4 that would do sidewalks. We don't have sidewalks on 32nd Avenue. We don't have drainage on 32nd Avenue. I remember, during the no -name storm, that I, that did not represent the south part of 32nd, had to go with the Fire Department with pumps to drain the water because those streets, 27 Terrace, 27 Street, 26 Streets [sic] were flooded completely, so there is much to be done on 32nd Avenue, and my commitment, andl know that it's the commitment of the area Commissioner that we share the 32nd corridor, is to work, regardless of the project for the benefit of the people. We have some things that are very atypical that should not have been there, like a laundry that is right there on the street. There is no sidewalks, no swale area; it's only a building on the street, and now we cannot do sidewalks because we have to go through the building, so there's a -- there is a will to work for Golden Pines -- with Golden Pines, regardless of the project. Yes, Coral Way has a lot of buildings, and it's something that we need City ofMiami Page 86 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 to take a deep breath and just say, well, you know, let's hold on to see what is -- will be the future. I would have had a different thought on the second reading, and I said this at the first reading, but in the last two weeks, I have been brief several times on Miami 21, and probably most of you know about Miami 21, but probably most of you don't know what is Miami 21. It's been focus now on the northeast part of the city, although we have all these signs that Miami 21 is coming to your neighborhood, butt was able to get a very detailed briefing and then a long briefing again this week with our Zoning and Planning director, Orlando Toledo, and on that -- on those briefings, I was very intrigued to understand what could happen if ours -- if the next quadrant to be addressed by Miami 21? And what could happen ifMiami 21 will reach Southwest 32ndAvenue? What could happen ifMiami 21 would reach Flagler and 52nd Court, an item that we did earlier in the morning? And I was not surprised, but a little shock to learn that if we were to have Miami 21 in place today, these people will not have to be here because they could have built a bigger building and they could have built three and four stories where now they have the parking lot into residential, because the idea ofMiami 21 is escalating the number of stories of the building. That will need to be addressed during the public hearings of Miami 21, but it is important that the people understand that when we call for a special meeting of the community, Miami 21, that everybody and not only the people really, really interested in zoning matters or issues that affect the residential will be there. All of us will be affected. I will be affected because I live only a block and a half from a major corridor on 27th Avenue, so I will be affected, so I am very supportive of the project, but most of my support comes from the fact that we're going to have a buffer, a residential buffer. The only thing that I cannot understand is the variance for parking, and maybe the Attorney can explain, because I would not -- Mr. Pastoriza: Mr. Commissioner, we do not -- we are not seeking a variance of parking, OK. What we're seeking is a ten percent reduction based on the fact that we do have a very distinct use mix here. Let me give you some figures. We have a total of 496 spaces. With our ten percent in reduction, we would have required 493. The office -- so we have 496 spaces. The office amount of the project requires 403 spaces. The office and the ballroom operate at different times so that when you have the people in the office, the ballroom is not in operation, so that the 496 spaces can actually go to the offices. Then, when the ballroom kicks in, which is mostly on weekends, and you know, sometimes at night, but very seldom, the ballroom requires 111 spaces, so the ballroom would have the full service and the full use of all the parking spaces, so due to that mix of uses that we have, there's really -- there is really an abundance of parking for each one of the particular use because of the time frames that they operate. Commissioner Regalado: Well, that might be (UNINTELLIGIBLE), but Orlando, on the parking reduction, what is -- what would your department opine on that? Orlando Toledo: Because of the fact that you're going with the mixed -use, you automatically get ten percent, and what the -- that's what the Code gives you, a ten percent reduction on parking, and it's what the Code says. Mr. Paredes: Mr. Commissioner, ifI may. It's like an incentive to be able to promote more mixed -use buildings, and not that everyone has to stand alone with this is my office parking, this is my ballroom parking, this is my residential parking, but to promote mixed -use buildings that are alive 24/7 and that, you know, stimulate the economy 24/7. They give you that swing of only ten percent. It's really 40 cars to give you a little bit of play with the amount of cars -- Commissioner Regalado: I understand that, but is that --? Mr. Toledo: It's the ability to share between one use and the other. Commissioner Regalado: So is that a standard procedure from your department? Mr. Toledo: It's by right, yes. City ofMiami Page 87 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Regalado: So we don't have to approve -- Mr. Toledo: No. Commissioner Regalado: -- a reduction in parking? Mr. Toledo: No. Commissioner Regalado: So what's the issue, then? Mr. Toledo: There is none. Commissioner Regalado: OK, so -- because I just -- you know, because parking is for the area, a huge problem. For Coral Way, it's a huge problem. The other issue is you have 23rd and 23rd Terrace. The entrance and the exit will be on 32nd, no? Mr. Pastoriza: The drop-offfor the ballroom activities and the office activities are on 32nd Avenue. Commissioner Regalado: OK. Mr. Pastoriza: He can -- he'll show you on the site plan. Mr. Paredes: As you see depicted here on 32nd Avenue, you would drive in, look around, and leave your car here for valet, and you'd come into the building and go up the building. Then the car would be taken from valet and brought through the private drive and into the basement garage. Ninety-nine percent of the parking comes in and out ftom this street, which is where the back of house is and where the back of house is of the neighboring building. This little entrance and exit here is only for about 20 cars that actually park on the up ramp of level two to allow the ramp to go down to the basement. It's sort of like a stacking effect, so there really is only about 20 cars that can come in and out of here, which has sort of been designated as what we would like to have the parking for the retail be, that something limited and it could be easily accessible and not have to go down into the two levels of basement. The residential parking and approach would come in through 23rd Terrace, come in through the back, and separate, and with the advice of Planning, we are not providing the cars, like everybody does with the tire stops, and everybody parks in the front of their front door. We've actually hidden the cars in the back; one exposed in a carport and one with a one -car garage; that way, we're promoting and having more green area and promoting that the typology of-- the prototype here to have more green space up against the street edge, which will promote sidewalks, which promote people walking around their block with their dog. Commissioner Regalado: OK, Mr. Chairman. I'm done with -- Vice Chairman Sanchez: Mr. Chairman -- Commissioner Regalado: -- questions. Vice Chairman Sanchez: -- ifI may. On the issue, rezoning is a scary thing. Any time you rent - - you mention rezoning, residents are concerned. They're concerned for a variety of reasons. One is, I believe that when you talk about rezoning and you bring a project such as this one, let me tell you, I'm pleased to see that you've taken three of your lots and you're keeping it duplex, and that basically is going to serve as a buffer onto the residents, which is very important. I agree that -- surface parking, I don't like. It really downgrades a community, but buffering it with, you know, townhouses or with trees and stuff as long as you have the proper alignment and transition into neighborhoods, I think it's acceptable. I think it's important that you well City ofMiami Page 88 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 define the conditions for the residents. I think they're not -- they're not against the project, in itself; they've said it. They're concerned about the quality of life, and they want to make sure that whatever is there in conditions, they understand it because, you know, one thing that I would be worried about -- and I know the system. Someone who does not know the system, someone who comes here and is not very well informed could say, well, I'm OK with those townhouses, but what happens if you don't build townhouses and you could build something else, or you come back later on and you change the project? Those are the things that I think need to be clearly defined to the -- in these conditions. The other important issue is, I have never supported waivers of parking, and I'll tell you why. Because those 40 cars, you know where they're going to end up being parked? In their driveways or in their property. I don't do that in my district, and I get asked a lot to do that. I think we need to try to stay away from that, and I compliment you on the project in itself. I think it's a wonderful project. As a matter of fact, it's 112 feet -- it's eight stories, right? Mr. Pastoriza: Yes. Vice Chairman Sanchez: It's not something that -- and besides, it's very appealing, and besides, you've been there for years. You're an institution in that community. You are a part of that community, so I think it's important that we work with you, but once again, counsel, and you're the applicant, I want to make sure that the residents are very aware of those conditions. They know the conditions very well, OK? Because, you know -- Mr. Pastoriza: Commissioner, you know that -- Vice Chairman Sanchez: The devil's in the details. Mr. Pastoriza: -- any other changes -- for example, if we, at some future point in time, the duplexes are not built, they -- we got to be before you. We got to be before you again, and I will tell you that the most of the people that spoke on the neighborhood, they know this family. They were at our meetings, and we have an open door with all the neighbors. Vice Chairman Sanchez: Counsel, it should never be personal. It should never be personal. Mr. Pastoriza: No, no, but what I'm saying is that what we do have that connection with the community, so I think that it's like an open-door connection. Vice Chairman Sanchez: All right, and the other issue I just wanted to bring out, I'm glad to see that the drop-off points are being brought in. You have to have service entries and service exits through the back, so you're maintaining that like an alleyway through your -- back of the business? Mr. Pastoriza: Yes. Vice Chairman Sanchez: OK. Other than that, I have no further questions on that. I just wanted to make -- state that -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- I'm not going to support the parking waiver. Chairman Gonzalez: Any further questions from any other --? Commissioner Sarnoff Mr. Chairman, I have a couple. Mr. Pastoriza, you indicated on the MUSP 11(b) would be redacted? City ofMiami Page 89 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Mr. Pastoriza: 11(a). Vice Chairman Sanchez: 11(a). Commissioner Sarnoff 11(a), I'm sorry, and that is revise the scheme of the project by not utilizing the maximum FAR and/or configure the massing of the building to introduce setbacks [sic], and that's because you're not using the full mass? Mr. Pastoriza: Not only that, but the way that we're setting back the building. The way that we're setting back the building on the sides and from the back. I think that those are the concerns that staff had originally. We pushed the building all the way to 32nd, and the tallest point in the middle. Commissioner Sarnoff All right. My next question to you is regarding parking, which is something everybody here seems to be very concerned about. Is the parking spots that you're achieving, the number of parking spots, dependent upon valet parking? Mr. Pastoriza: It -- they are -- but they are -- Mr. Paredes: We have the number of required spots. It's not that it -- Commissioner Sarnoff That's not my question. Mr. Paredes: -- operates. It operate -- it doesn't -- we don't get exfra parking for valet. Commissioner Sarnoff My question to you is, if you were to not utilize a valet, could you park this many vehicles? Mr. Paredes: Well, I'm not a hundred percent sure I can answer that because there's a specific ordinance -- and maybe Orlando could help out -- there is something I remember in the Code about using the lifts and the parking lifts that I believe only in a residential application where a lift is used for like a two -bedroom that would require two spaces, they can actually be allowed to use the lifts. Commissioner Sarnoff Let me -- Mr. Paredes: We're using the lifts, but I don't know -- Commissioner Sarnoff -- ask the question -- Mr. Paredes: -- how to answer that. Commissioner Sarnoff -- of Orlando then. Mr. Paredes: Yeah. Commissioner Sarnoff This particular project is, I suspect, and correct me if I'm wrong, dependent upon -- let's say there's -- I didn't look -- four hundred and thirty -something parking spaces. Is it dependent upon a valet to park 430 cars versus having the requisite space so that somebody can pull in and pull out a car? Chairman Gonzalez: I don't think so. Mr. Toledo: Let me have the -- let me have a second so I could look at the plans. City ofMiami Page 90 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Sarnoff OK. Commissioner Regalado: Well, I would think that if you have a parking underground, people could go and park themselves -- Mr. Pastoriza: They could. Chairman Gonzalez: Yeah. Commissioner Regalado: -- but -- so -- Commissioner Sarnoff Valet parking -- Commissioner Regalado: -- is it a problem? Mr. Pastoriza: We do have a combination, Commissioner, of valet and -- Chairman Gonzalez: Right now -- Mr. Pastoriza: -- self -parking. Chairman Gonzalez: -- they have a parking lot where you can drive in and park yourself -- Vice Chairman Sanchez: Anywhere. Commissioner Sarnoff Correct. Chairman Gonzalez: -- or you -- Vice Chairman Sanchez: Or valet. Chairman Gonzalez: -- can have -- Vice Chairman Sanchez: Valet. Mr. Pastoriza: The valet. Chairman Gonzalez: -- your car valet park -- Commissioner Sarnoff But if -- Chairman Gonzalez: -- on the same parking lot. Mr. Pastoriza: This would be the same -- I think that would be -- this is the same idea, the same concept. Chairman Gonzalez: It will be the same concept. Commissioner Sarnoff Yeah. My purpose -- the purpose of my question is a valet can ordinarily increase your parking by about 20 to 25 percent. My question really then begs, what if you cease using a valet and you decide to let people self -park, haven't you reduced your parking by 25 percent? Mr. Pastoriza: No. We're not -- the fact that we're using -- we're not taking that loss or that percentage because we are using valet. It's something that is embedded in the Code. City ofMiami Page 91 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Sarnoff No. I understand, but -- and this is just my own belief and I'm about to have it justified or being told I'm wrong by the -- our Zoning director over there, and that is that if you -- you can actually achieve more parking spaces by requiring a valet, and my concern always is that someday somebody may choose not to have a valet, and then all of a sudden, we have 25 percent less parking spaces. Chairman Gonzalez: Right. Commissioner Sarnoff If I'm wrong, just tell me I'm wrong, and I'll completely stop talking. Commissioner Regalado: No. I think that what you're saying makes sense. I think that what you're saying is that a valet parking will be able to accommodate more cars, but I would think that if you have two floors on the ground, you will have a street parking, like with the lines for each cars, and one car will not be blocking another car, or something like that. I mean, it -- Mr. Pastoriza: I think so, yeah. Commissioner Regalado: -- but what Commissioner Sarnoff is saying, it makes a lot of sense. If you have valet, the valet will be able to achieve more parking volume because the valet know hows [sic] to park. They have the keys. If they're blocking one car, they take the other car, so that's -- Chairman Gonzalez: Yeah. Commissioner Regalado: -- what it is, and what he's asking, I would be asking, too. Would not having valet -- I mean, you would not have valet for the office during the day -- Chairman Gonzalez: No, probably not. Commissioner Regalado: -- right? Mr. Pastoriza: Probably not. Commissioner Regalado: Most likely not, so -- Mr. Pastoriza: The valet, I think, is a function of the ballroom so that you can get cars in and out real quick. Chairman Gonzalez: Right. Commissioner Regalado: But ballroom can function as a luncheon, too. You may have an association having a luncheon, and at that time, you will have valet, so maybe he can explain. Commissioner Spence -Jones: Mr. Chairman, I do have some thoughts, but I just want to make sure that Commissioner Regalado's finished with his comments before I -- Commissioner Regalado: I -- Commissioner Spence -Jones: I don't know if you -- I'll wait till you finish. Commissioner Regalado: OK, so as long as we get the response on the parking --, but I do have some -- I don't know if you can call them conditions or requests; one, I think, is a request and it would be in good faith because I don't think we can have that within the Zoning law; the other, I would try to have it as a condition. The condition that in good faith is you will have a ballroom, City ofMiami Page 92 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 and a ballroom is a place that when you are not having an event, it's not making money. When - - it's like a stadium. When you don't have a game, it's empty, so my request to you will be to let community associations, homeowners association of the area to meet whatever they need and whenever the ballroom schedule can accommodate. Let's say, you know, at least once a month, and mind you, this is not providing buffet or anything because it cost -- because of the cost. I'm just saying to provide the place for a meeting place for Golden Pines, Silver Bluff even Shenandoah, for the resident, for an area Commissioner that abuts our district, for this Commissioner, for the Chairman, because it is a place that could accommodate a lot of people that could have a lot of parking -- Mr. Pastoriza: Commissioner, I have an answer for you right now. Commissioner Regalado: No, and let me tell you why. Let me tell you why. Every time that we need to meet, we either have to do it in a NET (Neighborhood Enhancement Team) office, which is too small, in a park, either Douglas Park or Coral Gate, who does not have air condition, nor it doesn't have parking, so if we are going to have an [sic] state-of-the-art ballroom in our area, I would ask you to make a commitment in behalf of the owners that, you know, it would be provided. If you have a wedding that night, well, you know, the people from the community will have to change to another date, so it doesn't mean that you have to prioritize the meeting, but it's to have the ballroom, the facility at the disposal of community groups that will do it in order to have some kind of order here that will be done through the NET office or through any Commissioner office of the City ofMiami. Mr. Pastoriza: Commissioner, your answer -- the answer is yes, and as a matter of fact, we'll take it one step further. We can start doing that right now under the current facilities. Commissioner Regalado: OK, so -- Mr. Fernandez: Mr. Chairman, we need clarity on this. This is, in fact, a proffer being made by the owner -- Mr. Pastoriza: Yes, sir, this is a voluntary proffer to allow community organizations, Commissioners, meetings for his -- for their districts in our facilities so long as they don't conflict with an event. Mr. Fernandez: Correct, and further -- Commissioner Regalado: And this will be done -- Mr. Pastoriza: Space only. Commissioner Regalado: -- this will be a space -- Vice Chairman Sanchez: Space on availability. Mr. Pastoriza: Space only, right. Commissioner Regalado: Yeah, but space, not buffet or -- Mr. Pastoriza: Right. Commissioner Regalado: -- you know -- Mr. Fernandez: No. City ofMiami Page 93 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Regalado: -- drinks or open bar or -- Mr. Fernandez: It's understood. Commissioner Regalado: -- or anything. Commissioner Sarnoff Except when a Commissioner meets, right? Mr. Fernandez: But -- Commissioner Regalado: You know, except when -- no, and this -- just to have some order here, this should be -- the request should come from any of the Commissioners -- Commissioner Spence -Jones: Any? Commissioner Regalado: Any, yes. Yes, because this is something that the City will be proud of when it's done. Any of the Commissioners or the NET offices -- Vice Chairman Sanchez: Sir, you may be going bankrupt soon. Commissioner Regalado: -- because I think, just to -- Commissioner Sarnoff See, we don't need our own buildings. Commissioner Regalado: -- to be -- to keep order. The other issue, and this is a question. Can - - building the duplexes should be allowed to be as a condition to approve all these --? Mr. Toledo: You can make it be phase I. Commissioner Regalado: I'm sorry? Mr. Toledo: You can make it be phase I, meaning the duplex need to be there -- Commissioner Sarnoff They can do it first. Mr. Toledo: -- prior to -- first. Mr. Pastoriza: Excuse me. I just -- remember, we have underground parking, so we need to do our underground structure first before we can do the above -ground facilities because we -- Commissioner Regalado: No, I understand that, but do we understand that? Mr. Toledo: Oh, absolutely. I mean, the first thing that needs to come in is the parking. Commissioner Regalado: The parking, but we need to know and the residents need to know that that duplex buffer -- Mr. Pastoriza: Let me just -- because I may be able to offer some language that would be OK for everybody. Let me just ask a question. Commissioner Sarnoff What's the answer on parking? Mr. Toledo: Lourdes is going to go ahead and clarify the parking issue. Ms. Slazyk: OK. I just reviewed the plans, and they say that in the two basement levels, they City ofMiami Page 94 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 have 208 cars and 230 cars; 208 on one level, 230 on the other. In counting the spaces, it doesn't say how many are mechanical. They are not 208 and 230, which means that's where the mechanical spaces are, in the basement levels. When we first adopted that mechanical parking ordinance, the original draft of the ordinance had a requirement that if you did these, you must have a mandatory valet present at all the time when they're being operated. Commissioner Winton, at that time, had taken that provision out, so I would suggest that, if you're going to approve this with a mechanical parking as their required parking, that you add a provision that valet must be present. If they're short on that, they have to find more parking or, you know, come for a variance or something. If not, you really can't use them that way. Commissioner Sarnoff What is the -- Commissioner Regalado: OK. Commissioner Sarnoff -- helpful language on that? Ms. Slazyk: A hundred and ninety are lifts, so that you may want to say -- make a provision that those 190, in order to use them when the banquet facilities are in operation, they must have a valet, mandatory. If not, they will be short, because people can't park and unpack other people's cars. Commissioner Sarnoff But shouldn't they have a valet there all the time? Unidentified Speaker: 24/7. Ms. Slazyk: They should. Whenever the banquet facility's in operation -- Mr. Pastoriza: We -- Commissioner Regalado: I will tell you -- Ms. Slazyk: -- because if that's where -- that's where the need is coming. Commissioner Regalado: -- that the office operation doesn't need a valet -- Ms. Slazyk: No. Commissioner Regalado: -- but will tell you that the -- Ms. Slazyk: The banquet does. Commissioner Regalado: -- banquet hall does need a valet all the time that is functioning. Ms. Slazyk: And that's a reasonable condition. Mr. Pastoriza: We would accept that condition, that we have a valet operator at all times when the ballroom is in service. Also, I would proffer this solution, so that you are comfortable with building the -- making sure that the townhouses or the homes get built. We would agree that before the City issues a CO (Certificate of Occupancy) for the office building, that we have pulled building permits on all four units that we're pro -- residential units that we're providing, and we would accept such condition. Commissioner Regalado: I would accept that proffer; however, remember the Catalonia. It's not remember Pearl Harbour; it's remember the Catalonia, and probably, no one here knows what I'm talking about, but I'm talking about the condo building on 27th Avenue, and -- so -- City ofMiami Page 95 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 OK, so we have conditions, mandatory valet parking during ballrooms event, building of the duplex on duplex zone next to residential, plus the use of whenever is available of the ballroom for community -base and member -- elected officials meetings with the resident, so with that -- with those conditions -- yes? Vice Chairman Sanchez: Does your motion include the waiver of the parking? Mr. Fernandez: No. It's not -- Commissioner Regalado: No. Chairman Gonzalez: They don't need to -- Mr. Fernandez: -- necessary to move that. Commissioner Regalado: No, the motion does not include the waiver of the parking. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion -- Mr. Pastoriza: Excuse me. Chairman Gonzalez: -- and we have a -- Mr. Pastoriza: Commissioner, could you -- Commissioner Regalado: On PZ.4. Mr. Pastoriza: -- delete 11(a), please? Commissioner Regalado: With the -- as suggested by the Planning, to delete 11(a). Mr. Pastoriza: Yeah. Mr. Fernandez: Again, Mr. Chairman, I need to make sure the record is amply clear. These are conditions that will attach to the MUSP, which is the third item that you will be voting on, and they're -- Commissioner Regalado: Yeah, butt will be repeating the same conditions on PZ.4, PZ.5, and PZ. 6. Mr. Fernandez: Well -- Vice Chairman Sanchez: We'll just proffer them -- Mr. Fernandez: -- those four conditions -- Vice Chairman Sanchez: -- for the record. Commissioner Regalado: Huh? Mr. Fernandez: -- would not attach to the comp plan change or to the zoning. Commissioner Regalado: I understand, but if -- just to be on the record -- City ofMiami Page 96 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Mr. Fernandez: Correct. Commissioner Regalado: -- that it belongs to the project. Mr. Fernandez: But let's make clear what those four conditions are because they have been discussed. Commissioner Regalado: Number -- condition number 1, valet parking is mandatory whenever the -- Mr. Fernandez: The ballroom is in operation. Commissioner Regalado: -- ballroom is in use; condition number two, duplexes should be built before the building gets the final permit. Mr. Pastoriza: CO. Commissioner Regalado: Condition -- Huh? Mr. Pastoriza: The certificate of occupancy. Vice Chairman Sanchez: CU [sic]. Mr. Pastoriza: We would agree to put building permits and commence construction of the units prior to obtaining a CO on the office building. Mr. Fernandez: Right. Commissioner Sarnoff Actually, the better way of saying it is prior to -- you will have a CO for your duplexes prior to the issuance of a CU (Certificate of Use) or a CO for your ballroom. Mr. Fernandez: That is not what was meant originally. Commissioner Regalado: That is not what he said. He said that -- Mr. Fernandez: That's not the intent. Commissioner Regalado: -- they will pull the permits until the -- pulling the permits. Mr. Fernandez: Well -- Mr. Pastoriza: Well, here's what he mentioned, that if we do the townhouses before the building Commissioner Regalado: No, no, no, no. Mr. Pastoriza: -- they're going to be impacted by that building. Whatl suggested was that before I am allowed to occupy the office building -- Vice Chairman Sanchez: That's -- Commissioner Sarnoff Right. Mr. Pastoriza: -- thatl have a building permit and commence construction on the four City ofMiami Page 97 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 residential units. Mr. Fernandez: All right. Vice Chairman Sanchez: That makes sense. Commissioner Regalado: Well, OK, as long as "commence construction" is the phrase. Number three is to eliminate condition 11(a), and number four, the use of the facilities, when available, for associations, community -base groups, elected officials meeting with residents, and that those meetings, according to availability, will be done through the Commissioners' office, all of the Commissioners' office, and the NET offices. Vice Chairman Sanchez: With stone crabs and Champagne. Mr. Pastoriza: Yes, sir. Chairman Gonzalez: All right, so we -- Mr. Fernandez: Again, I still -- pardon me, Mr. Chairman. To the extent that I'm responsible for putting this in writing and have it be legally binding, I need to understand what's being said, and I'm a little bit slow to follow -- Chairman Gonzalez: Well, you could -- Mr. Fernandez: -- what everybody has been saying. Chairman Gonzalez: -- you can always get a transcript from the -- Mr. Fernandez: Well, but I -- Chairman Gonzalez: -- City Clerk. Mr. Fernandez: -- there has been confradictoring [sic] statements being made. Chairman Gonzalez: Jesus Christ, we have gone over this -- Commissioner Regalado: OK. Chairman Gonzalez: -- three times. Mr. Fernandez: Well -- Commissioner Regalado: Condition -- Chairman Gonzalez: It's four conditions. Mr. Fernandez: -- all right. I'm fine to let it go and just address -- resolve conflicts whenever they arise. Commissioner Regalado: No, no. Chairman Gonzalez: I'm going to dream about it tonight. Commissioner Regalado: No, no, no, no. City ofMiami Page 98 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: It's four conditions. Commissioner Regalado: I mean, just to be clear, we need to be clear on this -- Mr. Fernandez: I would think so. Commissioner Regalado: -- because -- Mr. Fernandez: Condition number one is mandatory valet at all times that the ballroom is in use. Commissioner Regalado: OK. Mr. Fernandez: Condition number two, that the -- before issuance of a CO on the main building, they would have to have pulled building permits and commence construction on the residential units. Commissioner Regalado: Right. Mr. Fernandez: Condition number three, to delete 11(a), as has been presented already; that's straightforward. Condition number four, to allow community associations and other groups, through the offices of the City Commissioners, upon their request, to use space and parking at no cost, and that means no insurance requirements and no other attending costs related to that. Commissioner Regalado: That's it. Mr. Fernandez: That, I think -- if that summarizes the essence of what you have said -- Commissioner Regalado: Because -- Mr. Fernandez: -- we can reduce in writing, and also, the record needs to reflect that these are all voluntary proffers being made by the applicant. Mr. Pastoriza: The fourth -- Mr. Fernandez: Correct? Commissioner Regalado: Well -- Mr. Pastoriza: -- one is. Commissioner Regalado: No. Actually, it may be voluntary, but it -- but they are conditions for the MUSP. Mr. Fernandez: Correct, but there is a way of -- Mr. Pastoriza: We accept them. Mr. Fernandez: You proffer them? Mr. Pastoriza: Yes. Commissioner Regalado: OK, so with that said -- Vice Chairman Sanchez: Let's vote on it. City ofMiami Page 99 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Regalado: -- I'll move PZ.4. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. Are we sure now? Commissioner Regalado: Yep. Chairman Gonzalez: We have a motion, and we have a second. It's an ordinance, Mr. City Attorney. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Mr. Fernandez: This is second and final reading. Priscilla A. Thompson (City Clerk): Before I take the roll call, just want to make sure there are no modifications to the second reading of the ordinance? Mr. Fernandez: None. Ms. Thompson: Thank you. Roll call. Commissioner Sarnoff? Commissioner Sarnoff Yes, ma'am. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: As amended, yes. It was amended. Ms. Thompson: Thank -- no. Mr. Fernandez: No. Vice Chairman Sanchez: All right. Mr. Fernandez: Not the comp plan. Vice Chairman Sanchez: I'm sorry. Commissioner Sarnoff There was no amend -- Vice Chairman Sanchez: Yeah, the third. It's OK. I got to get it. We'll amend it later. OK. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. City ofMiami Page 100 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Ms. Thompson: And then Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.5 06-01847zc ORDINANCE Second 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. 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 ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12900 Note for the Record: Please refer to item PZ.4 for minutes referencing item PZ.5. City ofMiami Page 101 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: PZ.5. With all the proffers and all the conditions and -- Commissioner Regalado: I'll move PZ.5 on -- Commissioner Spence -Jones: Second. Commissioner Regalado: -- second reading. Chairman Gonzalez: We have a motion, and we have a second. It's also an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Jorge L. Fernandez (City Attorney): Second and final reading, with no modifications to this item either. Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.6 06-01847mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13, AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE ONE PROJECT, TO BE LOCATED AT APPROXIMATELY 2340 SOUTHWEST 32ND AVENUE, 3224 SOUTHWEST 23RD STREET, 3232 SOUTHWEST 23RD STREET, 3209 SOUTHWEST 23RD TERRACE, AND 3219 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 112 FEET TO 25 FEET; TO BE COMPRISED OF APPROXIMATELY 4 TOTAL TOWNHOUSE RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 148,152 SQUARE FEET OF COMMERCIAL SPACE; AND APPROXIMATELY 496 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. City ofMiami Page 102 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 06-01847mu - PAB Fact Sheet.pdf 06-01847mu - Analysis.pdf 06-01847mu - Comp Plan Revised.pdf 06-01847mu - Zoning map Revised.pdf 06-01847mu - Aerial.pdf 06-01847mu- Projects in the Vicinity.pdf 06-01847mu - IDRC Comments (09.26.06).pdf 06-01847mu - Traffic Sufficiency Letter (09.18.06).pdf 06-01847mu- Public Works Comments (08.08.06).pdf 06-01847mu - UDRB Resolution (9.20.06.7).pdf 06-0187mu - MDAD Planning Comments (08.17.06).pdf 06-01847mu - School Board Comments (08.09.06).pdf 06-01847mu - PAB Legislation.pdf 06-01847mu- Exhibit A.pdf 06-01847mu- Exhibit B.pdf 06-01847mu PAB Reso.PDF 06-01847mu - Front Cover.PDF 06-01847mu - Table of Contents.PDF 06-01847mu - I. A Introduction..PDF 06-01847mu - I. B Application for a Major Use Special Permit..PDF 06-01847mu - I. C Application for Amendment to the Miami Comprehensive Neighborhc 06-01847mu - I. D Application for Amendment to the Zoning Atlas..PDF 06-01847mu - I. E Legal Description..PDF 06-01847mu - I. F Disclosure of Ownership..PDF 06-01847mu - I. G Ownership Affidavit..PDF 06-01847mu - I. H Directory of Project Principals..PDF 06-01847mu - I. I City of Miami Zoning Atlas Map, Page 42..PDF 06-01847mu - I. J City of Miami Future Land Use Map..PDF 06-01847mu - I. K Aerial and Location Map..PDF 06-01847mu - I. L Ownership List..PDF 06-01847mu - I. M. Project Data Sheet and Summary..PDF 06-01847mu - I. N Summary of Approvals..PDF 06-01847mu - I. 0 Ownership and Tax Information..PDF 06-01847mu - I. P Corporate Information..PDF 06-01847mu - II. Project Description..PDF 06-01847mu - III. Tab-1 Survey..PDF 06-01847mu - III. Tab-2 Site Plan and Drawings..PDF 06-01847mu - III. Tab-3 Traffic Impact Study and Traffic Sufficiency Letter..PDF 06-01847mu - III. Tab-4 Site Utility Study..PDF 06-01847mu - III. Tab-5 Economic Impact Study..PDF 06-01847mu Revised School Impact Review Analysis.pdf 06-01847mu CC Legislation (Version 2).pdf 06-01847mu CC Fact Sheet.pdf LOCATION: Approximately 2340 SW 32nd Avenue, 3224 SW 23rd Street, 3232 SW 23rd Street, 3209 SW 23rd Terrace, and 3219 SW 23rd Terrace [Commissioner Tomas Regalado - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire, and Estrellita Sibila, Esquire, on behalf of Renaissance at the Gables, Inc. FINDINGS: City ofMiami Page 103 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* (excluding condition 11d) to City Commission on December 6, 2006 by a vote of 6-0. See companion File IDs 06-018471u and 06-01847zc. *See supporting documentation. PURPOSE: This will allow the development of the One project. Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0179 Note for the Record: Please refer to item PZ.4 for minutes referencing item PZ.6. Vice Chairman Sanchez: Now we amend it. Chairman Gonzalez: PZ -- Commissioner Regalado: PZ.8 [sic]. Chairman Gonzalez: -- 6 -- Commissioner Sarnoff 6. Chairman Gonzalez: -- which is the MUSP (Major Use Special Permit), with all the -- Commissioner Sarnoff Amendments. Chairman Gonzalez: -- conditions -- amendment, conditions, and everything else -- Vice Chairman Sanchez: And they're already -- Chairman Gonzalez: -- attached to it. Vice Chairman Sanchez: -- they're on the record already, so let's just vote on it. Commissioner Regalado: PZ.8 [sic] -- I move PZ.8 [sic]. Commissioner Sarnoff Second. Chairman Gonzalez: No, 6, 6. Commissioner Regalado: No. Oh, sorry. Commissioner Sarnoff PZ.6. Commissioner Regalado: 6. Commissioner Sarnoff Second. Chairman Gonzalez: All right. We have a motion, and we have a second. It's a resolution. All in favor, say "aye." City ofMiami Page 104 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Vice Chairman Sanchez: As amended. Commissioner Spence -Jones: Mr. Chairman. Commissioner Regalado: Mr. Chairman. Gilberto Pastoriza: Thank you. Commissioner Regalado: Mr. Chairman -- Commissioner Spence -Jones: I just want to make -- Commissioner Regalado: -- ifI may? Chairman Gonzalez: Yes. Commissioner Regalado: Before -- yesterday we had a briefing with the Manager and Toledo, and one of the questions that had should Miami 21 be in place, Orlando or Lourdes or Lavernia, what could be built right there right now? Commissioner Spence -Jones: Twelve stories, right? Commissioner Regalado: Well, bigger. Commissioner Spence -Jones: Oh, you talking about after Miami 21 passes? Ana Gelabert -Sanchez (Director, Planning): I believe Gil had asked that question, and the answer was we don't know, because we're going through the design, every neighborhood is different and every corridor is different, so at this point, we would not be able to tell you what -- Commissioner Sarnoff Good answer. Ms. Gelabert-Sanchez: -- fransect they would be. Commissioner Regalado: OK, but remember that we discussed 32nd being a corridor. Commissioner Sarnoff Transit corridor. Ms. Gelabert-Sanchez: So it may -- Commissioner Regalado: A transit corridor. Ms. Gelabert-Sanchez: -- go -- and it could go from T6-8 -- Commissioner Sarnoff To -- Ms. Gelabert-Sanchez: -- by right up to 12 by bonus or it could go 12 to 24. It really depends because every corridor, if you look at east quadrant, all of them are slightly different. That's the reason why we're doing the form base Code. City ofMiami Page 105 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Regalado: OK. I just wanted to put that on the record because I think -- Commissioner Spence -Jones: Mr. Chairman, I do want to -- Mr. Pastoriza: Thank you. Commissioner Spence -Jones: -- just make -- I know we're finished with the item, but I, you know, referred to -- deferred to the Commissioner of that district for this item, but do want to, at least, say to the residents and also to the business owners in the area, I do understand how important it is to protect your neighborhoods, and reality is, for me, the reason why I would even support an item like this is if it was not their building presently zoned to be much higher than what it was, so I would rather see something eight stories than twelve stories intruding in other people's neighborhoods, and to the family members and friends and supporters of the group that has come out, you know, it's -- to me, you know, when you look at a company or an organization that's been around or a family business that has been around for 30 years and has been able to survive and weather the storms and be here forever, I think that it's important for us to try to figure out ways to work along with them, because we'd rather see family -owned businesses that are in the neighborhood and running, unlike having -- them having to be ran out of the neighborhoods because they can no longer survive, so for me, that was the reason why I would cast my vote to support, but usually my support is always with the neighbors in the area because the reality is is they have to live with it. Mr. Pastoriza: Thank you. Good day. Chairman Gonzalez: Thank you. Applause. Chairman Gonzalez: No clapping, please. No. Please, please. Try to exit quietly so we can continue this meeting. PZ.7 06-00830Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 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. City ofMiami Page 106 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 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 Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12904 Chairman Gonzalez: OK. Let's take -- Commissioner Regalado: We could do -- Chairman Gonzalez: -- what about -- Commissioner Regalado: We could do -- Chairman Gonzalez: --1000 Southwest 30th Avenue? Commissioner Regalado: That's -- we could do that one. Chairman Gonzalez: That's all right? Commissioner Regalado: That one is easy. Chairman Gonzalez: All right. PZ.7. Yes, sir. City ofMiami Page 107 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Roberto Lavernia (Chief of Land Development, Planning): PZ.7 and PZ.8 are companion items. Chairman Gonzalez: Yes, sir. Mr. Lavernia: One is a land use and the zoning change for the land use. Mr. Harold Ruck is going to be presenting. Harold Ruck (Planner II): Good afternoon. I'm Harold Ruck, with the Planning Department. This, as was stated before, is a companion item with PZ.8. The proposal of the subject properties, at approximately 1000 Southwest 30th Avenue, has been reviewed for a change to the future land use map of the Comprehensive Neighborhood Plan from duplex residential to medium density multifamily residential. The subject property is -- consists of one parcel, and is approximately .26 acres; it faces Southwest 30th Avenue, between Southwest 11 th street and Southwest 9th Street. The PAB (Planning Advisory Board) recommended approval. The Planning Department recommends approval. 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. Furthermore, the Comprehensive Plan Goal Land Use 1 promotes the efficient use of land and minimizes land use conflicts. The findings support position that the future land use map of this neighborhood should be changed. Thank you. Chairman Gonzalez: All right. Anyone from the public that wants to speak on PZ.7 or PZ.8? Seeing none, hearing none, public hearing is closed. Commissioner Regalado. Commissioner Regalado: Thank you, very much, Mr. Chairman. This is second reading, and we had a report on the first reading, and also we have the input from the local association. This has been recommended by the Planning Department -- by the Planning Advisory Board and by the Zoning Board, so I'll move to approve PZ.7 on second reading. Chairman Gonzalez: All right. We have a motion on PZ.7. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: And there is a second. It is an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call on PZ.7. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.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; Second Reading City ofMiami Page 108 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 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 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. PURPOSE: This will change the above property to R-3 Multifamily Medium -Density Residential. Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12894 Chairman Gonzalez: PZ.8. Commissioner Regalado. Commissioner Regalado: PZ.8 is a companion item on second reading, Mr. Chairman, and as I said, it's been recommended by the Zoning Board and endorsed by the area residents. I move PZ.8 for approval on second reading. Chairman Gonzalez: All right. We have a motion on PZ.8 -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- and we have a second. It's also an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call on PZ.8. City ofMiami Page 109 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 4/0. Unidentified Speaker: Thank you very much. PZ.9 06-00397Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 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 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 ADOPTED PASSED by the following vote. City ofMiami Page 110 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12895 Chairman Gonzalez: All right. Let's take -- Vice Chairman Sanchez: You're quite welcome. Chairman Gonzalez: -- PZ.9 and PZ.10. That's also in your district, and I think there [sic] were not controversial on first reading. I don't know if there [sic] are now. Commissioner Regalado: No, not that I remember. Chairman Gonzalez: All right. PZ.9 and PZ.10. Roberto Lavernia (Chief of Land Development, Planning): Companion items. This is second reading. At the first reading, the applicant offer a covenant that was accepted by Commission. We process the covenant, and everything was OK with the Planning Department and the Law Department, so we have no problem, and Mr. Ruck is going to present the land use if you want to hear it again. Commissioner Regalado: So we have the covenant now? Mr. Lavernia: Yes, sir. Chairman Gonzalez: All right. Vice Chairman Sanchez: All right. Could, at least, we proffer the covenant into the record? Mr. Lavernia: On first reading, the applicant offered the covenant and he process the covenant and bring it to the Zoning Department -- Commissioner Regalado: Yeah, and -- Mr. Lavernia: -- Plan -- Commissioner Regalado: -- what is it basically, so we know? Mr. Lavernia: It's limiting the uses that he's doing in C-1, as he promised to you on first reading. Chairman Gonzalez: All right. This is -- Mr. Lavernia: What was promised, he put it on the covenant. Chairman Gonzalez: -- a public hearing. Anyone from the public that wants to speak either on PZ.9 or PZ.10, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman, so after the covenant and limiting the uses of the area, I'll move PZ.9 in second reading for approval. Chairman Gonzalez: All right. We have a motion on PZ.9. Is there a second? Commissioner Sarnoff I'll second. City ofMiami Page 111 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: We have a second. It's an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call on PZ.9. Vice Chairman Sanchez? Vice Chairman Sanchez: This has what, denial across-the-board from --? This is 9, right, PZ.9? Chairman Gonzalez: Yeah, PZ.9. Mr. Lavernia: Yes. Vice Chairman Sanchez: This has denial across-the-board from Planning and PAB (Planning Advisory Board) ? Mr. Lavernia: Yes, sir. Vice Chairman Sanchez: And the district Commissioner is supporting it? Mr. Lavernia: You also (UNINTELLIGIBLE) it at first reading, yes, sir. Vice Chairman Sanchez: With the covenant that was proffered? Mr. Lavernia: Yes. Vice Chairman Sanchez: OK. Yes. Ms. Thompson: Commissioner -- Chairman Gonzalez: All right. Ms. Thompson: -- Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.10 06-00397zc ORDINANCE Second Reading 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 City ofMiami Page 112 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 "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. 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 Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12896 Chairman Gonzalez: PZ.10 is a companion item; also requires a public hearing. Anyone from the public that wants to speak on PZ.10, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Commissioner Regalado -- Commissioner Regalado: Thank you -- Chairman Gonzalez: -- it's your item. City ofMiami Page 113 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Regalado: -- Mr. Chairman. After a covenant and the different reports from the neighbors, I'll move PZ.10 for approval on second reading. Chairman Gonzalez: All right. We have a motion on PZ.10. Is this a second? Commissioner Sarnoff I'll second. Chairman Gonzalez: And there is a second. It's an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call on PZ 10. Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Before I vote, I'd like to say something, which is, I think part of the discussion that we've been having here in this morning. I was brief several time about Miami 21, and especially, we discuss the future quadrant, which is this address, and you know that in Miami 21 -- because this property, it's right next to Flagler and on Flagler Street. By Miami 21 standards, they could have built seven times larger than they promise, so it's -- so I think that it's sort of a good deal for the community, so yes. Ms. Thompson: Oh, I'm sorry. That was a yes, sir? Chairman Gonzalez: Yes. Commissioner Regalado: It was a yes. Ms. Thompson: I apologize. Commissioner Spence -Jones, do you want to vote on this one? Commissioner Spence -Jones: Actually, I'm not all the way briefed on it, so I would just rather wait. Commissioner Sarnoff Need to leave the dais. Ms. Thompson: Commissioner Jones [sic], she won't be voting. Chairman Gonzalez: Got to leave the dais. You've got to leave the dais. If you're not going to vote -- Commissioner Spence -Jones: OK. Commissioner Sarnoff Right, you need to -- Ms. Thompson: And Chairman Gonzalez? City ofMiami Page 114 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Then the ordinance has been adopted by -- on second reading, 4/0. Chairman Gonzalez: All right. PZ.11 06-01056Iu 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 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. 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 06-010561u CC FR Fact Sheet 04-26-07.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 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Spence -Jones absent, to continue item PZ.11 to the Commission meeting currently scheduled for April 26, 2007. City ofMiami Page 115 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: Let's go back to PZ.11. PZ.11. Roberto Lavernia (Chief of Land Development, Planning): Yes, PZ.11 and 12 are companion -- Vicky Garcia -Toledo: Mr. -- Mr. Lavernia: -- items. One is the land use change. Ms. Garcia -Toledo: Through the Chair, ifI may -- Chairman Gonzalez: Yes. Ms. Garcia -Toledo: -- Commissioner Gonzalez? I just like -- and I haven't spoken to the attorney on the other side, but these two items that are 11 and 12 have been rolling over and over, to no fault of any individual person, since the fall, and I think it's a bit unfair to finally get in front of the Commission and not have the benefit of a full Commission sitting. Chairman Gonzalez: So you would like to defer the item? Vice Chairman Sanchez: Whoa, whoa, whoa, whoa, but -- Ms. Garcia -Toledo: I don't -- Vice Chairman Sanchez: Wait, wait, wait, wait. Madam Clerk -- Ms. Garcia -Toledo: -- not -- I -- Priscilla A. Thompson (City Clerk): Yes, sir. Vice Chairman Sanchez: -- give me the history of the deferrals on this item. Ms. Thompson: OK. I'm sorry. Just give me one second. Vice Chairman Sanchez: It's going to take some time -- Ms. Thompson: OK. Vice Chairman Sanchez: -- but in all fairness, I want to see what has been the history of these deferrals. Ms. Thompson: On PZ.11 and 12, it was continued from the January 25, 2007 meeting; the February 22 to -- Vice Chairman Sanchez: By who, by who? Ms. Thompson: Oh. I -- that I'll have to go back in my system. Just hold on a second. Ms. Garcia -Toledo: Both January and February were due to -- January was an agreement with the neighbors, and February was when I got sick, but even -- it was in the -- I believe October, and it was when you rolled over from October and December; you didn't handle any controversial cases, and that's how it got to January, and I wasn't going to ask for a deferral again. My suggestion was going to be -- and I haven't spoken to the attorney on the other side, but my suggestion was going to be -- City ofMiami Page 116 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Vice Chairman Sanchez: Is the attorney from -- on the other side here? You don't have an attorney. You want to proceed? Luis Herrera: We have -- I'm sorry. Vice Chairman Sanchez: Wait, wait, wait, wait. Hold on. You -- Mr. Herrera, hold on, hold on. Your attorney is not here and you want to proceed? Mr. Herrera: I want to proceed. Vice Chairman Sanchez: Without your attorney? Mr. Herrera: Yes. Vice Chairman Sanchez: Let's go. Ms. Thompson: And that person who just spoke was? Vice Chairman Sanchez: Apparently, he's going to be the attorney. Ms. Thompson: No. I don't -- I don't have his name. I'm sorry. Chairman Gonzalez: His name -- Ms. Garcia -Toledo: My suggestion was going to be exactly what we did this morning. Chairman Gonzalez: We need his name and his address. Don't get so excited. I mean, you know, life is -- Mr. Herrera: No, no, no. I want to say my name, and -- Chairman Gonzalez: -- too short; take it easy. Mr. Herrera: -- he say holding and I holding, OK. That's all. Chairman Gonzalez: OK. What is your name? Mr. Herrera: My name is Luis Herrera. I'm the president of Vizcaya Homeowners Association, and I represent the neighborhood. Thank you. Vice Chairman Sanchez: And you want to proceed without your -- Chairman Gonzalez: Under your -- Vice Chairman Sanchez: -- attorney being present? Chairman Gonzalez: -- new law, we need to have -- Mr. Herrera: I want to proceed. Chairman Gonzalez: Huh? Commissioner Sarnoff No. He's -- Mr. Herrera: It's too many times already we stop this. City ofMiami Page 117 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Ms. Garcia -Toledo: I wasn't going to suggest stopping. I was going to suggest what occurred this morning, an approval on first reading so that both sides can do full presentations next month, and perhaps, we can be put at the beginning of the agenda instead of at the end of the agenda. Vice Chairman Sanchez: I am prepared to do that, pass it on first reading, and on the second reading, we can have a presentation on both side and make the legal arguments, if you want. That's up to this legislative body. Chairman Gonzalez: I have no problem. Mr. Herrera: No. I object to what she say -- Vice Chairman Sanchez: I'm sorry? Mr. Herrera: -- and I object what he say. Commissioner Sarnoff You're objecting to what she said. Vice Chairman Sanchez: But you object to what she said. Well, it's up to this Commission. Chairman Gonzalez: All right. I don't know. You're the district Commissioner. I always go by the district Commissioner. Whatever you want to do, that's what I'm going to do. Ms. Garcia -Toledo: Our presentation is going to take quite a bit of time. Chairman Gonzalez: It's going to take quite a bit? Ms. Garcia -Toledo: Yes. I have -- Chairman Gonzalez: OK. Well -- Ms. Garcia -Toledo: -- to create a record. Chairman Gonzalez: -- whatever you -- Vice Chairman Sanchez: It's up to you guys. I mean, she's -- listen, you know, it's no fault of mine that we're in this situation. I've tried to work with both sides. I've tried to get both sides to work, you know. I want to proceed, but in all fairness, I think that everyone that comes in front of this legislative body -- Chairman Gonzalez: And I -- Vice Chairman Sanchez: -- deserves due process, and -- Chairman Gonzalez: -- do have -- Vice Chairman Sanchez: -- maybe have all the Commissioners here. Chairman Gonzalez: -- and I have another concern, and my other concern is do you have an attorney? Did you hire an attorney? Mr. Herrera: We have a pro bono attorney. City ofMiami Page 118 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: OK, so you have been being represented by an attorney? Ms. Garcia -Toledo: Yes. Mr. Herrera: Yes. Vice Chairman Sanchez: Sir, I'm going to -- Chairman Gonzalez: I think it's illegal that we hear this without the -- Vice Chairman Sanchez: Listen, listen, listen. Chairman Gonzalez: -- attorney present. Mr. Sarnoff. Vice Chairman Sanchez: Mr. Chairman, Mr. Chairman. Commissioner Sarnoff Well, ask -- Jorge L. Fernandez (City Attorney): Again, this is no illegality with regard to hearing an item because at the end of the day, the attorney represents the property owners, the association, whatever he says he represents, and the holder of that privilege would be the association, not the attorney, so the attorney need not be here for the item to be heard, but likewise, this does not need to be a full five -member Commission for an item to be heard and adopted or rejected. It's all a matter of the way that you want to proceed. There could be three of you here and two of you could carry the day, one way or another. However, you need to be guided by what -- how you have proceeded in the past and how you would like to proceed in the future. If you'd like to have a five -member Commission, you can, but it's not a legal requirement. You may proceed to hear this item today without an attorney and without a fifth Commissioner. Vice Chairman Sanchez: And I'm concerned. I'm concerned for a simple reason. If your attorney would have been here -- Mr. Herrera, could I -- Mr. Herrera: Go ahead. Vice Chairman Sanchez: -- please speak and then you could have all the -- Chairman Gonzalez: And I believe the attorney was here earlier. Vice Chairman Sanchez: -- opportunity --? Mr. Herrera: Go ahead. Vice Chairman Sanchez: All right. If your attorney would be here, we could proceed. Without an attorney, if it doesn't go your way, then you're going to have or you could create a record that you did not have representation to represent you here in front of this Commission -- Chairman Gonzalez: That's right. Vice Chairman Sanchez: -- so I don't want to get into that situation. I want to be fair, and what I'm going to do right now is I'm going to make a motion to defer and have your attorney here -- Chairman Gonzalez: Yes. Vice Chairman Sanchez: -- and we could do it time certain -- City ofMiami Page 119 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Ms. Garcia -Toledo: Please. Vice Chairman Sanchez: -- and we're going to get this over with, because I have had enough of both sides on this issue, so there's not going to be no more speaking. My motion is to defer the item, and ifI can't get a second -- Commissioner Sarnoff I'll second. Vice Chairman Sanchez: -- then we'll do what you want to do. Chairman Gonzalez: All right. We have a motion to defer, and we have a second to defer -- Unidentified Speaker: May I speak for a second, please? Chairman Gonzalez: -- for the meeting -- Vice Chairman Sanchez: No, sir. Unidentified Speaker: Thank you, sir. Chairman Gonzalez: -- ofApril, and let's make it time certain. Commissioner Sarnoff Make it the first thing. Chairman Gonzalez: The problem with time certain is that we don't know -- we never know what time we're going to start the PZ (Planning & Zoning) -- Ms. Garcia -Toledo: Can we be the -- Vice Chairman Sanchez: Well -- Chairman Gonzalez: Let's say -- Ms. Garcia -Toledo: -- first on the agenda? Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: Let's hear the first item -- Commissioner Sarnoff Yeah. Chairman Gonzalez: -- on the -- Vice Chairman Sanchez: On the PZ item. Commissioner Sarnoff PZ item. Chairman Gonzalez: -- PZ items -- Vice Chairman Sanchez: Because -- Chairman Gonzalez: -- on the PZ meeting. Vice Chairman Sanchez: -- we would have heard this item if it wasn't for other circumstances that came about. This item was scheduled; everyone was here; I was hoping to take it up first City ofMiami Page 120 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 thing at 3 o'clock in the afternoon. That's why I came back early from lunch to fry to resolve this issue, so it's going to be the first PZ item in the April meeting, no ifs and buts. Attorneys better be here. Counsel, you better get ready with your presentation because we're going to decide whether this project goes or doesn't go. Thank you. Chairman Gonzalez: All right. PZ 13. Mr. Fernandez: No. A vote is needed. Commissioner Sarnoff Yeah. Vice Chairman Sanchez: Motion -- move to defer. Chairman Gonzalez: We have a -- Commissioner Sarnoff Second. Chairman Gonzalez: -- motion, and we have a second to defer. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Chairman Gonzalez: All right. Vice Chairman Sanchez: No, because both -- Chairman Gonzalez: -- PZ (Planning & Zoning) -- Vice Chairman Sanchez: -- sides are playing games. Chairman Gonzalez: Yeah. PZ.13 -- and I believe the attorney was here earlier. Vice Chairman Sanchez: Yeah. PZ.12 06-01056zc ORDINANCE 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. First Reading City ofMiami Page 121 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 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 06-01056zc CC FR Fact Sheet 04-26-07.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 companion File ID 06-010561u. PURPOSE: This will change the above properties to C-1 Restricted Commercial. CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Spence -Jones absent, to continue item PZ.12 to the Commission meeting currently scheduled for April 26, 2007. Note for the Record: Please refer to item PZ.11 for minutes referencing item PZ.12. PZ.13 06-02234Iu 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 201 AND 243 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 122 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 06-022341u - PAB Supporting Documentation.pdf 06-022341u PAB Reso.pdf 06-022341u CC Analysis.pdf 06-022341u CC Land Use Map.pdf 06-022341u CC Aerial Map.pdf 06-022341u CC Application & Supporting Docs.pdf 06-022341u CC Legislation (Version 2).pdf 06-022341u CC Exhibit A.pdf 06-022341u CC FR Fact Sheet.pdf 06-022341u, 06-02234zc, 06-022341u1, 06-02234zc1 & 06-02234mu Miami River Comm 06-022341u CC SR Fact Sheet.pdf LOCATION: Approximately 201 and 243 NW S River Drive [Commissioner Joe Sanchez - District 3] APPLICANT(S): Simon Ferro, Esquire, on behalf of City National Bank of Florida, which is the Trustee under Land Trust Number 2401-2535-00 and Tineo Group, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Found the proposal to be consistent with the Miami River Corridor Urban lnfill Plan's recommendations for this "Lower River" section by a vote of 6-4, which includes a publicly accessible riverwalk. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 7, 2007 by a vote of 7-0. See companion File ID 06-02234zc and related File IDs 06-022341u1, 06-02234zc1 and 06-02234mu. PURPOSE: This will change the above properties to General Commercial for the proposed River's Edge Major Use Special Permit. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Roberto Lavernia (Chief of Land Development, Planning): PZ. 13 and 14 are companion items. Also, you have 15 and 16, which are related item because it's for the same major use project on two sides of the street, so I'm going to -- Chairman Gonzalez: So what you're telling me is that it is 13, 14, 15, and 16? Mr. Lavernia: Are for the same project, yes, sir. I'm going to -- Chairman Gonzalez: All right. Mr. Lavernia: -- allow Mr. Harold Ruck to present the land use changes, and -- Chairman Gonzalez: OK. Mr. Lavernia: --I'll be back. Chairman Gonzalez: Very good. Yes, sir. City ofMiami Page 123 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Harold Ruck (Planner II, Planning): Good afternoon. This is a proposal of subject property at approximately 201 and 243 Northwest South River Drive. It's been reviewed for a change of future land use and -- of the Comprehensive Neighborhood Plan from industrial to general commercial. The subject property consists of a parcel -- approximately .6 acres, between the Miami River and Northwest South River Drive. The Planning Advisory Board recommended approval. The Planning Department recommends approval of the application, as part of the River Edge Major Use Special Permit. The requested land use change will allow the property to add commercial and residential uses by special exception to the mix of uses on the property as it is developed. The Comprehensive Plan Land Use 1 encourages economic development and growth of job opportunities in the City, and additionally, Land Use Goal 136 encourages a diversification in the mix of industrial and commercial activities, and these findings would support the recommendation that the land use should be changed. Chairman Gonzalez: So it's recommended by everybody? Mr. Ruck: Yes, sir. That would be the first, and then PZ.15. Chairman Gonzalez: All right. Mr. Ruck: This is the subject property at approximately 216 to 220 and 250 Northwest South River Drive and 601, 609, 615, 619 Northwest 2nd Street, for a proposed future land use change of the Comprehensive Plan from high density multifamily residential to restricted commercial. The subject property is approximately 1.2 acres and consists of several lots. The eastern side of the block is bounded by Northwest South River Drive, Northwest 2nd and 3rd Streets; Northwest 7th Avenue is to the west. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Vice Chairman Sanchez: Make it -- Chairman Gonzalez: It's being recommended by -- Vice Chairman Sanchez: -- brief because there's no opposition here, and this is a great project. Chairman Gonzalez: -- everybody, so -- Simon Ferro: Thank you. Mr. Chairman, members of the Board, Simon Ferro, 1221 Brickell. I'll be very brief. This application is really unique and very interesting. It consists of two pieces of land, one is right on the river, and that's about a half -acre net on the river. It's SD-4 now. We're asking for C-2. Why are we asking for C-2? Right now it's an active marina. What we want to do is keep it as an active marina, but we also want to be able to create a very unique area of retail, which will be -- which will complement the development that'll be across the street on -- of Southwest -- Northwest South River Drive, so what we want to do is retain the marina use and create a two-story building so that we don't, you know, have anything high on the river. This will be retail, probably two very nice restaurants. Now, across the river we have the other piece, and we're asking from R-4 to C-1. Why are we asking from R-4 to C-1 ? First of all, we get the exact same number of units. The same height limitations, everything, but, however, we will be able to do retail on the first floor, which is what the City wants. We will also be able to put the parking that will be used by this piece here on that building. This piece here, you know, we -- this develop -- this -- is a really good development. We went through a lot of site plan modifications. We started out with a four- or five -story building on the river. After meeting with staff they said keep it really low. Let's have the people across the street look over the river, City ofMiami Page 124 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 enjoy the river, and that's exactly what we did, so we're keeping this at a very low height. We're having no residential here, at all. We're having no parking here, at all, so we will do the parking in the building across the street. It'll be a mixed -use retail ground floor and then a very beautiful residential building that'll have approximately 300 units. We could have 361 units with what -- with the zoning that we're asking for. However, we'll just keep it at 300 units, so we've gone through Planning, Zoning, committees, boards; we've gone before the River Commission. We're consistent with the River Commission. We've gone before the Historical Preservation Board. We're consistent with the board, and it has been one -- everybody, as the Chairman said, or as the councilman said, has been -- approved this project, and we would ask you approve it based on recommendations from staff. If you have any questions, Mr. Robert Behar is here. He is the architect. Vice Chairman Sanchez: Are you paying him by the hour? Chairman Gonzalez: All right. Robert Behar: For the record, I'd like to introduce myself. Robert Behar, Behar Font & Partners. I've been here with three items today; I've not had an opportunity. At least, say my name. Commissioner Sarnoff Do you have any better pictures of the lower building or any other pictures of the lower building? Vice Chairman Sanchez: Is that the old Poloma [sic] marina? Mr. Behar: The Coloma. Vice Chairman Sanchez: Coloma marina. Mr. Behar: Coloma. Chairman Gonzalez: Coloma. Mr. Behar: And those buildings will be -- Commissioner, will be two-story building. The footprint is 4,000 square feet footprint, so the idea is to open up the riverfront -- Commissioner Sarnoff No. I -- Mr. Behar: -- for everybody. Commissioner Sarnoff -- actually like it a lot. I just want to get a better look at it. I'm actually a little bit jealous because I'm thinking of using it somewhere else. Vice Chairman Sanchez: I just took a recent tour of the river, and I -- and so did you -- Commissioner Sarnoff Yeah. It's a -- Vice Chairman Sanchez: -- and let me tell you, it is an eye -- that area there is an eyesore, an eyesore. I am so delighted, as a Commissioner -- and let me tell you. I think three or four other items came to my office pertaining to development there, and they were all shot down. This is, by far, an incredible project for that area. I don't think there's anything to criticize about this project, along with the accessible walkway that we're going to have along the river, which now we'll be able to add another piece and we'll be able to connect where people could walk on the river walk and have connect -ability with other areas there. I believe they're bringing two great restaurants to the area, and I believe that whole entire area, within the next couple of years, is City ofMiami Page 125 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 just going to have such a great revitalization based on these good projects that are coming forth, and I want to praise everyone who's worked so hard to put this together because it has not been easy. Mr. Lavernia: And the other thing that we want to add -- Chairman Gonzalez: That's beautiful. Mr. Lavernia: -- to the record is that the applicant has -- Commissioner Sarnoff That's pretty good. Mr. Lavernia: -- been working with the department for several months -- Chairman Gonzalez: So you took a tour of the river? Commissioner Sarnoff Oh, yeah. Mr. Lavernia: -- had design discussion -- Chairman Gonzalez: Really? Commissioner Sarnoff Oh, yeah. Mr. Lavernia: -- and this is the final result. Chairman Gonzalez: Nothing happens in that area. Vice Chairman Sanchez: And just -- Commissioner Sarnoff (UNINTELLIGIBLE) it's a shame. It's -- Vice Chairman Sanchez: -- Marc, just so you know, the little partial [sic] of land across the street at one time had these two small ostriches, and it was like the neighborhood zoo. Commissioner Sarnoff Oh, really. Vice Chairman Sanchez: Yeah. Somebody just put them there, and people would go by and feed them and stuff. It was like the -- Commissioner Sarnoff Has this part been -- Vice Chairman Sanchez: -- the neighbor -- Commissioner Sarnoff -- dredged yet or is this part that needs --? Vice Chairman Sanchez: No, they have not made it there yet -- Commissioner Sarnoff OK. Vice Chairman Sanchez: -- but I mean, ifyou look at the marina, it's an abandoned arena -- marina. It's still used, but it's -- very poor condition. It's not being kept. I'm sure there's been -- they've been cited and stuff and that whole entire area there has such a great potential to be able to have -- connect the future of the river, which is basically to get people out of their homes and go out and really enjoy, whether it's the bay walk or enjoy our river. Of course, there's City ofMiami Page 126 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 other elements that need to fall in place, such as security, which we're working on, but that whole entire area is making tremendous stride as we move forward, so I mean, I can't say much about this project; that I'm just very excited and pleased to support it, so I'm making the motion on the ordinance on first reading to move it. Chairman Gonzalez: All right. We have a motion. Do I hear a second? Commissioner Sarnoff Second. Chairman Gonzalez: And we have a second. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Yes. Judith Sandoval: Yes. Vice Chairman Sanchez: Please don't tell me you're going to criticize the project. Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I think it's very important that the river groups have supported it, and does the marine community support it as well, that organization with Fran is head of and all of those? Mr. Behar: That is the River Commission. We went before the River Commission. Ms. Sandoval: OK. Very good. Vice Chairman Sanchez: You know, you -- Ms. Sandoval: That's a very good sign. I only wanted to ask one thing. If you -- Mr. Behar, you're a wonderful designer, and I'm much in admiration of your work in many places, and I just wanted to ask, as the cochairman of the Parks Committee ofMiami Neighborhoods United, one of the things we're always asking for and there can never be enough of is shade -- palm trees don't provide much shade. Simply if -- along all of the walkways that the public is going to use, along the river, for instance, you could provide more shade? Mr. Behar: We'll look at it. There's a combination of shade frees and palm frees. The palm trees are to create an accent to the buildings, but we'll study it, and obviously, we want for our patrons that are sitting there to also be comfort -- Ms. Sandoval: Yeah. Mr. Behar: -- so -- Ms. Sandoval: Yeah. Well, you know, architects always like complements to the buildings and things that you know, create another dimension. Mr. Behar: And that's important, andl believe that we're doing the best possible job to achieve both, so -- Mr. Sandoval: Yes. OK, because I didn't think there were many shade frees in the plan. Thank you. That's all. Vice Chairman Sanchez: Ms. Sandoval, you know why it's being supported by everyone? Because we're not doing away with marinas. Lately, developers -- Ms. Sandoval: Yeah. City ofMiami Page 127 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Vice Chairman Sanchez: -- that have come forth, the first thing that they want to do is they want to infill the land, make it larger so they could build more, and that's why this project -- Ms. Sandoval: Yeah. Vice Chairman Sanchez: -- or the projects before have all been shot down because everyone came here with a proposal to try to do with -- away with the marina, and there's something that we need -- Ms. Sandoval: Yeah. Vice Chairman Sanchez: -- to do is to promote the marine industry and the river, along with people living and enjoying it because it's a working river and a historical river and there has to exist a balance in that river, and that's why it's supported, because we're maintaining the marina, and I don't think they're losing any of the slips in the marina, which is great. Ms. Sandoval: No. I fully support that. I'm a sailor, and also, it's much more interesting for people who live there to have that atmosphere. It's very interesting to go up and walk around the marinas and stuff or ride around, and they'll like that. Commissioner Sarnoff Commissioner Sanchez -- Ms. Sandoval: Thank you. Commissioner Sarnoff -- where is Merrill -Stevens in regard to this? Chairman Gonzalez: It's on -- Vice Chairman Sanchez: A little -- Chairman Gonzalez: -- 12th Avenue. Vice Chairman Sanchez: -- up north. A little -- it's past 17th Avenue. Chairman Gonzalez: No, no. Vice Chairman Sanchez: No, 12th Avenue. Chairman Gonzalez: Merrill -Stevens is on 12th Avenue. Vice Chairman Sanchez: Twelfth Avenue. Once you pass the -- Mr. Behar: Yes. Vice Chairman Sanchez: -- 12th Avenue bridge, it's right there on the right and the left, and I hear they're upgrading their facility. Commissioner Sarnoff Oh, major. Vice Chairman Sanchez: It's going to be incredible -- Commissioner Sarnoff Yeah, yeah. Vice Chairman Sanchez: -- so that's great, you know. City ofMiami Page 128 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: All right. So we have a motion, and we have a second, and it is an ordinance, and Mr. City Attorney, will you read the ordinance, please? Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.14 06-02234zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "SD-4" WATERFRONT INDUSTRIAL DISTRICT TO "C-2" LIBERAL COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 201 AND 243 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-02234zc Analysis.PDF 06-02234zc Zoning Map.pdf 06-02234zc Aerial Map.pdf 06-02234zc Application & Supporting Docs.pdf 06-02234zc ZB Fact Sheet.pdf 06-02234zc ZB Reso.PDF 06-02234zc CC Legislation (Version 2).pdf 06-02234zc CC Exhibit A.pdf 06-02234zc CC FR Fact Sheet.pdf 06-022341u, 06-02234zc, 06-022341u1, 06-02234zc1 & 06-02234mu Miami River Comm 06-02234zc CC SR Fact Sheet.pdf LOCATION: Approximately 201 and 243 NW S River Drive [Commissioner Joe Sanchez - District 3] APPLICANT(S): Simon Ferro, Esquire, on behalf of City National Bank of Florida, which is the Trustee under Land Trust Number 2401-2535-00 and Tineo Group, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Platting is required. MIAMI RIVER COMMISSION: Found the proposal to be consistent with the Miami River Corridor Urban lnfill Plan's recommendations for this "Lower River" section by a vote of 6-4, which includes a publicly accessible riverwalk. ZONING BOARD: Recommended approval to City Commission on January 8, City ofMiami Page 129 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 2007 by a vote of 7-0. See companion File ID 06-022341u and related File IDs 06-022341u1, 06-02234zc1 and 06-02234mu. PURPOSE: This will change the above properties to C-2 Liberal Commercial for the proposed River's Edge Major Use Special Permit. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Note for the Record: Please refer to item PZ.13 for minutes referencing item PZ.14. Chairman Gonzalez: PZ.14: Vice Chairman Sanchez: PZ.14 is the companion. I'll go ahead and make a motion on -- Chairman Gonzalez: We have a -- Vice Chairman Sanchez: -- the ordinance being here on first reading. Chairman Gonzalez: -- motion on PZ.14. Is -- Commissioner Sarnoff Second. Chairman Gonzalez: -- there a second? And we have a second. It's a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, public hearing is closed. It's also an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.15 06-02234Iu1 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 216-20 AND 250 NORTHWEST SOUTH RIVER DRIVE & 601, 609, 615 AND 619 NORTHWEST 2ND STREET, MIAMI, FLORIDA, FROM "HIGH -DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 130 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 06-022341u1 - PAB Supporting Documentation.pdf 06-022341u1 PAB Reso.PDF 06-022341u1 CC Land Use Map.pdf 06-022341u1 CC Aerial Map.pdf 06-022341u1 CC Application & Supporting Docs.pdf 06-022341u1 CC Legislation (Version 2).pdf 06-022341u1 CC Exhibit A.pdf 06-022341u1 CC FR Fact Sheet.pdf 06-022341u, 06-02234zc, 06-022341u1, 06-02234zc1 & 06-02234mu Miami River Comm 06-022341u1 CC SR Fact Sheet.pdf LOCATION: Approximately 216-20 and 250 NW S River Drive & 601, 609, 615 and 619 NW 2nd Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): Simon Ferro, Esquire, on behalf of City National Bank of Florida, which is the Trustee under Land Trust Number 2401-2535-00 and Tineo Group, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Found the proposal to be consistent with the Miami River Corridor Urban lnfill Plan's recommendations for this "Lower River" section by a vote of 6-4, which includes a publicly accessible riverwalk. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 7, 2007 by a vote of 7-0. See companion File ID 06-02234zc1 and related File IDs 06-022341u, 06-02234zc and 06-02234mu. PURPOSE: This will change the above properties to Restricted Commercial for the proposed River's Edge Major Use Special Permit. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Note for the Record: Please refer to item PZ.13 for minutes referencing item PZ.15. Chairman Gonzalez: PZ.15 is also a companion. Vice Chairman Sanchez: PZ.15 is also a companion. So move. Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion, and we have a second. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. 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. City ofMiami Page 131 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance -- Chairman Gonzalez: Let me tell you. You are to be commended for what you're doing in this neighborhood in this area here. Vice Chairman Sanchez: I think we all need to be commended. Chairman Gonzalez: You know why? You know it. You know the same as I do. They used to call this area Vietnam. Vice Chairman Sanchez: Little Vietnam. Chairman Gonzalez: Little Vietnam, believe it or not, and that wasn't too long ago. I'm talking about maybe eight years ago. There was a shooting there everyday; three or four shootings at night. You know, you had prostitutes, you had crack, you had cocaine, you had grass, you had whatever you wanted. You know, anything that is bad, you could go there and get it -- Vice Chairman Sanchez: You could probably buy -- Chairman Gonzalez: -- you know. Vice Chairman Sanchez: -- a couple of missiles. Chairman Gonzalez: You could buy -- Vice Chairman Sanchez: Whatever you want. Chairman Gonzalez: -- guns, you could buy ammunition, you could buy dynamite, you could buy C-4. You know, whatever you want to buy, you can go there and get it in that neighborhood, and it's been cleaned up. Believe me, you're doing a tremendous job over there and you need to be commended, let me tell you. I'm proud of you on that. Vice Chairman Sanchez: Kudos. Chairman Gonzalez: PZ.16. Robert Behar: I want to thank you all very much. Thank you all very much. Have a good evening. Commissioner Sarnoff Thank you. Beautiful building. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: And give -- Chairman Gonzalez: PZ.16 is also a companion item. We need a motion. Vice Chairman Sanchez: On which one? No. I think we're done. Jorge L. Fernandez (City Attorney): On 16. City ofMiami Page 132 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Sarnoff You know, I think we called it 15 -- Roberto Lavernia (Chief of Land Development, Planning): 16. Commissioner Sarnoff -- and we -- Vice Chairman Sanchez: Oh, 16. Commissioner Sarnoff -- meant to say 16. Mr. Fernandez: 16. Chairman Gonzalez: Oh. We're done? Vice Chairman Sanchez: Is that the last one? Mr. Fernandez: That's the last one. Commissioner Sarnoff We voted -- PZ.16 06-02234zc1 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 216-20 AND 250 NORTHWEST SOUTH RIVER DRIVE & 601, 609, 615 AND 619 NORTHWEST 2ND STREET, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-02234zc1 Analysis.PDF 06-02234zc1 Zoning Map.pdf 06-02234zc1 Aerial Map.pdf 06-02234zc1 Application & Supporting Docs.pdf 06-02234zc1 ZB Fact Sheet.pdf 06-02234zc1 ZB Reso.PDF 06-02234zc1 CC Legislation (Version 2).pdf 06-02234zc1 CC Exhibit A.pdf 06-02234zc1 CC FR Fact Sheet.pdf 06-022341u, 06-02234zc, 06-022341u1, 06-02234zc1 & 06-02234mu Miami River Comm 06-02234zc1 CC SR Fact Sheet.pdf LOCATION: Approximately 216-20 and 250 NW S River Drive & 601, 609, 615 and 619 NW 2nd Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): Simon Ferro, Esquire, on behalf of City National Bank of Florida, which is the Trustee under Land Trust Number 2401-2535-00 and Tineo Group, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Platting is required. City ofMiami Page 133 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 MIAMI RIVER COMMISSION: Found the proposal to be consistent with the Miami River Corridor Urban lnfill Plan's recommendations for this "Lower River" section by a vote of 6-4, which includes a publicly accessible riverwalk. ZONING BOARD: Recommended approval to City Commission on January 8, 2007 by a vote of 7-0. See companion File ID 06-022341u1 and related File IDs 06-022341u, 06-02234zc and 06-02234mu. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed River's Edge Major Use Special Permit. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Note for the Record: Please refer to item PZ.13 for minutes referencing item PZ.16. Chairman Gonzalez: 16 is the last one. Priscilla A. Thompson (City Clerk): 16. Chairman Gonzalez: We're not done yet. Vice Chairman Sanchez: Yeah, yeah, 16. OK. I move -- Commissioner Sarnoff Second. Vice Chairman Sanchez: All of these come with full support, so I move. Chairman Gonzalez: We have a motion, and we have a second. 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. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Chairman Gonzalez: Very well. PZ.17 06-01057zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, 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 First Reading City ofMiami Page 134 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 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. 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 06-01057zc CC FR Fact Sheet 04-26-07.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. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones City ofMiami Page 135 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Spence -Jones absent, to defer item PZ.17 to the Commission meeting currently scheduled for April 26, 2007. Chairman Gonzalez: All right. And that concludes the agenda. Priscilla A. Thompson (City Clerk): No. We -- Jorge L. Fernandez (City Attorney): No. Ms. Thompson: -- PZ.17. Chairman Gonzalez: Pardon me? Ms. Thompson: PZ.17. Maria J. Chiaro (Assistant City Attorney): 17. Chairman Gonzalez: PZ.17. Oh, you're right. PZ.17. OK Commissioner Regalado: Continue, continue, continue, continue. Vicky Garcia -Toledo: No. This is noncontroversial. Chairman Gonzalez: PZ. 17. Commissioner Regalado: Well, it's been continued -- Chairman Gonzalez: All right. Commissioner Regalado: -- so many times. Commissioner Sarnoff I don't know about that, Vicky. Chairman Gonzalez: Is there anyone here in opposition to PZ.17? You are in opposition? Judith Sandoval: We haven't decided yet. Chairman Gonzalez: You haven't decided yet. Well, talk about it. Maybe -- Commissioner Regalado: We'll come back tomorrow. Commissioner Sarnoff Boy, you never want to say that. Commissioner Regalado: We'll come back tomorrow. Chairman Gonzalez: Talk -- you know, talk about it. Maybe you'll decide to oppose it. Commissioner Sarnoff Listen up, you might not like it. Chairman Gonzalez: All right, Vicky. Ms. Garcia -Toledo: Staff. City ofMiami Page 136 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: Yes. Oh, I'm sorry. I thought that we were going home. Roberto Lavernia (Chief of Land Development, Planning): PZ.17 is a change of zoning at 1756 and 1770 Northeast 4th Avenue and 1751, 61, 71 and 77 Biscayne Boulevard. It's a change of zoning from C-1 restricted commercial with SD-20.1 Edgewater and SD-19 designated FAR (floor/area ratio) district of 3.0 to SD-6. Planning Department thinks that the change to SD-6 will give to the property more FAR up to 8.4, which set a negative precedent creating a domino effect in regard to future zoning changes, and the FAR requested is not necessary to accommodate reasonable development, so the recommendation of the Planning Department is for denial. Thank you. Chairman Gonzalez: All right. Ms. Garcia -Toledo: Good afternoon. Vicky Garcia -Toledo, with the law firm ofBilzin Sumberg. I'm appearing today here on behalf of V Downtown, which is the corporate owner of this property, and we are asking for a change of zoning. The land use is already consistent with the restricted commercial use or designation, and so it only requires a zoning change. There is no companion item. IfI go to the map, I think I can explain this a little faster. As you can -- yes. As you can see, the property which is the pink inside this black line is fully surrounded by SD-6, except for these two lots. This is a disfrict in Miami, which is identified in your master plan, as a high density area, and all of these projects are SD-6. I have to apologize, but the Zoning map of the City has not been updated yet, but this R-4 here has also been rezoned in January of this year, consistent with the SD-6 zoning. What we are asking to do is to take these two lots that -- these -- well, as you can see, these two blocks have kind of been left behind, as all of these changes have surrounded them. What we're asking to do is to bring this property, the subject application, in a consistent relationship with its neighbor. We are asking for an SD-6, which does not give us anything else other than what our neighbors already have, and we are also asking for an SD-20.1, because this property is -- faces Biscayne Boulevard. The 20.1, all it does is limit the uses that we can have, and that's kind of a protective ordinance or overlay disfrict that the City created, because there are some uses you do not want in the boulevard, so we have no problem with that. We are asking to be limited to those same uses. We just want to be in the same type of category as the neighboring properties. We, of course, do not agree with your staff on this. We don't think that this would create a domino effect, because any piece of property in the City ofMiami that's more than 20 -- than 40,000 square feet can ask for a zoning change, and most of the properties in this area, the domino effect that they're referring to, of course could only occur for properties on the other side of Biscayne Boulevard, and most of these properties are all well over 40,000 square feet, so on their own, they could come in tomorrow and ask for whatever they want, so we don't really think that will be a problem. We think that whatever we develop here needs to be consistent with the neighborhood, so we want the same thing the neighborhood has. The other issue is there's no project at this time. However, to develop this land, we'd have to either be a Major Use Special Permit, like every other project in that area has been, which means it would come before you, or because we are on the boulevard and because we are requesting the 20.1 limitation, we would automatically have a Class II, so anything that is designed on this prop -- for this property in terms of a project, would have design review by your staff at a minimum, or by the staff and you in the form of a MUSP (Major Use Special Permit). What I'd like to do is to bring Mr. Olmedillo to give you his testimony very quickly on the land use aspects of this designation that we're requesting. Guillermo Olmedillo: Thank you. Good afternoon, Mr. Chairman, members of the Commission. Guillermo Olmedillo, 330 Greco Avenue, Suite 108, Coral Gables, Florida. This Commission, maybe not particularly the four members sitting here today, but the City Commission has made a number of policy decisions that indicate that this is an appropriate zoning district to designate this property with. First of all, you have your downtown master plan, which will cross out for this area to be high density and intensity. Then you have -- after that, you created a tax increment financing district so that you could finance the infrastructure for this area, in City ofMiami Page 137 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 particular. Then the MCNP (Miami Comprehensive Neighborhood Plan) cross out this area and depicts this area for an area of higher density and intensity, also which supports the concepts in the downtown master plan. Then you have the transportation issues related to land use in the City, in the future land use element of the master plan. What you have there is that you have a transportation corridor, and as you know, the master plan relied heavily in placing the densities and the intensities along the transportation corridors. I'm talking now specifically about Biscayne Boulevard, and then you have the Mefomover, which is also a mass transit system that serves this particular area. In addition to it, you have the zoning categories that are surrounding the property, which makes this the exception within the zoning disfrict. I think there are a number of policy decisions already taken by this Commission that indicate that an SD-6 disfrict redesignation of the property is consistent with the master plan, it's compatible with the area, and it is consistent with the zoning and the pattern of development in the particular area. I submit to you that you have all the elements. You have made previous decisions that will be a good district -- zoning district to have applied to this particular property, and as Ms. Garcia -Toledo related to you, anything that will happen there would have to come through board review or, at least, at the very least, a Class II Permit, which has a process of appeals that would take it eventually before the boards. Commissioner Sarnoff Mr. Chairman, can I ask a --? Mr. Olmedillo, presently, you would have an FAR of -- allowance of two, correct? Mr. Olmedillo: Correct. That is correct. No. Commissioner Sarnoff And you would be --? Mr. Olmedillo: Three. Three. Commissioner Sarnoff Three? And you'd be increasing your FAR to an 8.4 by --? Vice Chairman Sanchez: Is it two or three? Mr. Olmedillo: No. Let -- Chairman Gonzalez: Right now it's three, I believe. Mr. Olmedillo: Let me allow -- Ms. Garcia -Toledo: It's three. Mr. Olmedillo: -- Vicky to explain the FAR issue. Vice Chairman Sanchez: That was my concern, too. Why such a high --? Ms. Garcia -Toledo: Right -- Vice Chairman Sanchez: I know it's a high density area, but -- Ms. Garcia -Toledo: Right. Vice Chairman Sanchez: -- why such a high FAR? Ms. Garcia -Toledo: Right now the property has a 3.0, which is about half of what our neighbors have. The SD-6 has a range. It goes from 6.4 to 8.4. The 6.4 is if this is only a residential project, and there is an incentive if you do a mixed -use, where you can then go up to a limit of 8.4, so the idea is to be able to develop this property consistent with all of the properties. Your City ofMiami Page 138 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 elements in zoning require that the change be in harmony with established land use patterns, and it is, because everybody around us has it, on three sides; that the proposed change conforms with the Comprehensive Master Plan; it does; that the proposed change be related to the adjacent and nearby district; it does; that the change is not out of scale. Nothing that we cannot -- what we would be able to do there is the same thing that's already been done there. If we were forced to develop this land at .3 FAR, we would be at the short end. We would be the exception. We would be discriminated against in view of what all of our neighbors have received because all of these changes to SD-6 in this area, between the Omni and 20th Street, have occurred over the last few years because that's what your master plan -- your downtown master plan identifies three areas for higher growth and higher density and higher zoning than in the City ofMiami, and this is the highest of them all, outside of actual downtown. The density here, the density on this property, is 500 units per acre for all of these properties. We're not putting that on this property. The City did that in the Comprehensive Master Plan, so your plan and your idea was to have this site developed up to 500 units an acre, and that is why, consistently, you have voted - - you, the City Commission and the City has voted -- and I can tell you Hotel De 1' Opera, Opera Tower, the next one, Park Place, I think it's called; On the Park, that was just approved in January of this year, 1800 Club, Portico, Quantum, all of them, all of them have gone exactly through this same request that we're making on this piece of property. If you have a comprehensive master plan that calls for 500 units per acre and then you don't change the zoning consistent with your master plan, you have a disconnect and you're sending the wrong message to Tallahassee because you're saying we are prepared to meet the demands that we have identified for our community. We have identified this piece -- this neighborhood for that density, and -- but -- oh, no, we're not going to let you build it out because we're going to hold you back and hold you back by not giving you the proper zoning, so what we're doing here today is almost housekeeping, if you will, because we are bringing the zoning consistent with the Comprehensive Plan on this piece of property. Commissioner Sarnoff And yet, if you were here two months later, and presuming we passed Miami 21, you would have a TC-24 right there. Ms. Garcia -Toledo: I'm not sure, and I won't be sure until it's adopted because it has to go through public hearing and it's subject to change. Commissioner Sarnoff You know, I can't help but feel like -- first off I don't see that it's surrounded by three sides; I see it surrounded by two sides, be that as it may. At some point, you have to stop and say enough's -- well, I see the side of it. I guess you'll be coming to us with the next parcel above it to -- Ms. Garcia -Toledo: I think somebody will, Commissioner, sooner or later, because it's -- Commissioner Sarnoff I agree, somebody will -- Ms. Garcia -Toledo: -- like the left outs. Commissioner Sarnoff -- unless Miami 21 comes in. Ms. Garcia -Toledo: It's the left outs. Commissioner Sarnoff You know, we keep adding and adding to Biscayne Boulevard, andl don't see the boulevard expanding at all, and you want a density increase that could -- no one's going to build anything in Miami that is not a mixed use. I mean, no one's going to take that risk, so you're going to get an 8.5 as -of -right designation by mixed -use, so you're going to go from 3 to 8.4, two and a half times what you're allowed to build now. Somebody says no at some point. Somebody says, at a certain point, enough is enough. You're saying I'm only filling in, you know, two major blocks next to North Bayshore Drive, and I remember doing -- I was the City ofMiami Page 139 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 one that did On the Avenue [sic] or -- Ms. Garcia -Toledo: On the Park. Commissioner Sarnoff On the Park, and I questioned whether it was the right thing to do, but felt like that was the last part that would fill in that particular section. You're right on Biscayne Boulevard. Your FAR is so large that you're going for, I got to tell you, I'm just not inclined -- I don't know how the rest of the Commission feels, but I'm not inclined to continuously move forward with heavier FARs when we're on the cusp ofMiami 21, and Miami 21, this would be a TC-24, and I believe you could get it to 48 with paying the requisite -- what do you want to call them, TDRs (Transfer Development Rights), or achieving some sort of affordable housing, park space, or a transfer development right, if we do do those, and that would be lowering heights in parts of the City, so I just want you to know that I'm not inclined to grant this, and if you want to move forward with it, you could do so at your own peril. Ms. Garcia -Toledo: Commissioner, what would like to do is have the fraffic engineer address the traffic issue so that can have a complete record. My concern is that all we're asking is for equal treatment as to our neighbors, and we are within -- we are the property left out within that section of the master plan, so let me -- Commissioner Sarnoff You're the property left out on Biscayne Boulevard between Northeast 4th Avenue, Northeast 7th Avenue and, I guess, Northeast -- Ms. Garcia -Toledo: 18th. Commissioner Sarnoff -- 18th Avenue. Ms. Garcia -Toledo: 17th and 18th. Commissioner Sarnoff Right, right, I agree. Juan Espinosa: Good evening. Juan Espinosa, with David Plummer & Associates, 1750 Ponce De Leon Boulevard, and regarding fraffic, of course we don't have a project, so when we do a MUSP or a Class II, we will do a specific traffic study. All can tell you is that this is within the downtown DRI (Development of Regional Impact), which is the concurrency exception area where traffic is not an issue, and we have done a lot of projects in the -- Commissioner Sarnoff When you say traffic's not an issue, just explain that for the record. Mr. Espinosa: Concurrency is not an issue, because it's been approved already in the DRI. Commissioner Sarnoff In other words, we don't consider traffic, right? Mr. Espinosa: You considering it when you do an MUSP (Major Use Special Permit), a specific Commissioner Sarnoff We only consider -- Mr. Espinosa: -- impacts of the project. Commissioner Sarnoff -- at the MUSP stage, is what you're saying? Mr. Espinosa: For specific locations, yes. When you do a MUSP, you look at the -- when you do the downtown area DRI, all the traffic was already accounted for for the development so, basically, all that fraffic has already been approved, and this is within the DRI, so the capacity is City ofMiami Page 140 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 already available according to the DPI -- Commissioner Sarnoff OK. Thank you. Mr. Espinosa: -- which is the adopted City document. Chairman Gonzalez: Thank you. All right. Commissioner Sarnoff I'm going to make a motion to deny the -- PZ.17. Chairman Gonzalez: All right. We have a motion -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- and we have two seconds. All in favor, say "aye." Ms. Garcia -Toledo: Commissioner -- ifI lower -- if I, -- by covenant, keep it at the 6.4 and not at the 8.4, would that make a difference for you? Commissioner Sarnoff If you were to lower the density of that and you brought in a mixed -use and you were able to show, I -- that's why I was hoping you would defer this, and I guess you're not going to have any kind of a MUSP in time or any --? Ms. Garcia -Toledo: No. That would not -- we are not prepared to -- Commissioner Sarnoff Why don't you defer this before we vote? Ms. Garcia -Toledo: OK. Commissioner Sarnoff -- and -- Vice Chairman Sanchez: And -- Chairman Gonzalez: OK. Now we need a motion to reconsider. Vice Chairman Sanchez: I would make the motion to reconsider, based -- Chairman Gonzalez: OK. We have a motion to reconsider and we have a second -- you second it, Commissioner? Commissioner Sarnoff Yeah, I'll second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: The motion has been reconsidered. Vice Chairman Sanchez: Move to defer. Chairman Gonzalez: Now -- Ms. Garcia -Toledo: Move to defer. Chairman Gonzalez: -- we have a motion to defer. City ofMiami Page 141 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Sarnoff Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." Jorge L. Fernandez (City Attorney): Well, I need -- is that deferred to a time certain or indefinitely? If it's indefinitely, it would require a readvertising at their expense. If it's a time certain, you don't need to readvertise. Chairman Gonzalez: Did you want -- Ms. Garcia -Toledo: May have instructions? Chairman Gonzalez: -- 60 days? Vice Chairman Sanchez: Counsel, yes, we'll give you some instructions. You want instructions? Ms. Garcia -Toledo: Yes. Vice Chairman Sanchez: The FAR is way too high -- Ms. Garcia -Toledo: OK, so -- Vice Chairman Sanchez: -- and that's the concern. Ms. Garcia -Toledo: -- ifI proffer a covenant at 6.0 -- Commissioner Sarnoff You want to do this right now, is you're saying? Vice Chairman Sanchez: No, I don't think you want to do it right now. Ms. Garcia -Toledo: I don't think can do it right now because -- Commissioner Sarnoff Right. Ms. Garcia -Toledo: -- then your City Attorney would say need to review -- Mr. Fernandez: Yeah. Ms. Garcia -Toledo: -- the covenant before -- Mr. Hernandez: We need -- Commissioner Sarnoff Correct. Vice Chairman Sanchez: Hey, and while we're at it, pick a curtain. Ms. Garcia -Toledo: But do want some -- I mean, I'm prepared to proffer a covenant, and I will prepare such a covenant. I just -- Vice Chairman Sanchez: I -- Ms. Garcia -Toledo: I'll come back with a covenant when -- Chairman Gonzalez: All right. Let's defer -- City ofMiami Page 142 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Ms. Garcia -Toledo: -- next month? Chairman Gonzalez: -- this to the meeting in April. Mr. Fernandez: In April. Vice Chairman Sanchez: In April. Chairman Gonzalez: So we don't have -- Mr. Fernandez: Your P&Z (Planning & Zoning) meeting in April. Chairman Gonzalez: Yes. We won't need to have a presentation. We won't need to -- all you have to do is present the covenant. Ms. Garcia -Toledo: Is proffer the covenant. Chairman Gonzalez: Make sure that the Commissioner -- district Commissioner accept it, is OK with it, and then we vote on the item -- Vice Chairman Sanchez: We have to vote on the deferral -- Chairman Gonzalez: -- and that's it. All right. We need a motion -- pardon me? Vice Chairman Sanchez: No. We have a motion to defer. We need to vote on it -- Commissioner Sarnoff Right. All in favor. Vice Chairman Sanchez: -- on the deferral. All in favor? Chairman Gonzalez: Oh, OK All in favor of the deferral, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All right. We need a motion to adjourn. Vice Chairman Sanchez: Unless someone has pocket items? Chairman Gonzalez: No. We already took -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- the pocket items. Vice Chairman Sanchez: Motion to adjourn is always in order. Chairman Gonzalez: All right. We have a motion, and we have a -- Commissioner Sarnoff Second. Chairman Gonzalez: -- second, and we have a third. All right. PZ.18 06-02104zt ORDINANCE Second Reading AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE City ofMiami Page 143 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 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 Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12897 Chairman Gonzalez: Let's take 18 and 19, which were not controversial. Those are in your district, 22nd Avenue, SD -- Vice Chairman Sanchez: Oh, I'm prepared to move that. It's on second reading. Chairman Gonzalez: -- 26. Vice Chairman Sanchez: That's the specialty [sic] overlay? Chairman Gonzalez: Special overlay. Vice Chairman Sanchez: You ought to just proffer for the record -- Lourdes Slazyk (Zoning Administrator): Yes. Vice Chairman Sanchez: -- and I'll make a motion. Yeah. City ofMiami Page 144 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Ms. Slazyk: Yeah. Vice Chairman Sanchez: But just put it on the record so people know what we're voting on. Ms. Slazyk: Yeah. This is -- again, for the record, Lourdes Slazyk. PZ.18 and 19 are companion items. This is a text amendment to the Zoning Ordinance, creating the SD-26 Special Overlay District for 22nd Avenue, between Southwest 8th Sfreet and Northwest 1st Sfreet. This was approved on first reading; recommended for unanimous approval by the Planning Advisory Board. We recommend approval. Chairman Gonzalez: All right. This -- Vice Chairman Sanchez: So moved. Chairman Gonzalez: -- requires 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. We have a motion on the item. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. It's an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call on PZ.18. Commissioner Gonzalez: Yes, ma'am. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.19 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. Second Reading City ofMiami Page 145 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 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 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 Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12898 Chairman Gonzalez: All right. PZ.19 is a companion item. Lourdes Slazyk (Zoning Administrator): This is the atlas amendment; also recommended unanimous approval by PAB (Planning Advisory Board). Vice Chairman Sanchez: So move. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: Second. Commissioner Sarnoff Second. Chairman Gonzalez: There is a second. This requires a public hearing also. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. Read the ordinance, please. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. City ofMiami Page 146 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chiaro. Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Chairman Gonzalez: All right. PZ.20 07-00100 ORDINANCE Second 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 FR Legislation.pdf 07-00100 SR Legislation.pdf 07-00100 SR Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: ADMINISTRATION: Recommended approval. PURPOSE: This will provide for the deposits of fines collected for illegal tree removal and for the periodic distribution of saplings and shrubbery to the public to enhance tree canopy coverage and greenery in the City of Miami. NOTE: Commissioner Marc Sarnoff has sponsored this item. Per the City Attorney's Office, this item is to return as a Planning and Zoning item when scheduled for Second Reading. Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12901 Chairman Gonzalez: Let's go to PZ.20. Commissioner Sarnoff I don't think I have the votes necessary for that, so I might need to -- Chairman Gonzalez: You need four fifth vote? City ofMiami Page 147 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Sarnoff I do need a four fifth vote on number -- Vice Chairman Sanchez: Listen -- Commissioner Sarnoff -- on 21. Vice Chairman Sanchez: -- hey, Commissioner Sarnoff, if there's one thing that we have, and I think we should always maintain, is that professionalism and the courtesy that we've always had, respect, even when we disagree with each other -- Commissioner Sarnoff All right. Vice Chairman Sanchez: -- and when you state that you would like another Commissioner to be here, not only are you entitled to that, I think due process is entitled to that, to make sure that we debate the issue, and you're afforded the opportunity to push for something you believe in, debate it in a democ -- in a very democratic process, and therefore, you should not say that with shame; say it with pride. Commissioner Sarnoff No, no, no. I -- I'm going to need a four fifths vote, I believe, for PZ -- Jorge L. Fernandez (City Attorney): 21. Commissioner Sarnoff -- 21. I could try to move 20 and 20 -- Chairman Gonzalez: All right. Move -- let's go to PZ.20. Let's -- Commissioner Sarnoff OK. Chairman Gonzalez: -- take it and see what happen. PZ.20. Vice Chairman Sanchez: Boy, are you -- Commissioner Sarnoff PZ.20 -- Lourdes Slazyk (Zoning Administrator): PZ.20 is an ordinance, amending Chapter 62 of the City Code. Chairman Gonzalez: This is a second reading. Ms. Slazyk: This is second reading. It affects the deposits of fines collected for illegal tree removal and also allows for periodic distribution of trees and shrubbery to the public, and it's been recommended for approval. Chairman Gonzalez: This does require a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. Is there --? You want to speak on this item? Please come forward. Nina West: I'm here to support this item. Nina West, 3690 Avocado Avenue, in Coconut Grove, and the Mayor has said his aim is to have a 20 percent tree canopy in the next 20 years, and most big cities have a 40 to 60 percent tree canopy, so we're moving very slowly here, so anything that can add to the free canopy in the City ofMiami is to be applauded and supported. Thank you. Chairman Gonzalez: Thank you. Next. City ofMiami Page 148 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I come as cochairman of the Miami Neighborhoods United Parks Committee, and we wholeheartedly support this ordinance. Thank you. Chairman Gonzalez: You're welcome. Anyone else? You want to speak on the item, too. Robert Ruano: Robert Ruano, director of Grants Administration. I wanted to make a couple of comments on the record. Since the last meeting, we took, as requested by the Commission, this item to the Green Commission, and they did make some comments. The main one -- they were pretty much in agreement with the changes. The main one is the -- which we discussed today, which is the -- including the palm tree, but not letting people replace a shade tree with a palm tree, and I think that that's been taken care of and -- Commissioner Sarnoff Yeah. Just -- you understand, we're taking these like ordinance by ordinance, so all we're doing right now is addressing the free trust fund. The next one we'll vote on will be the palm -- I believe will be the palm free, and then the third one should -- that require as four fifth vote, so you might want to wait and -- Ruano: OK. Commissioner Sarnoff -- tell us what you -- Mr. Ruano: OK. I thought you were talking them all together, but I'll wait. Commissioner Sarnoff Can we --? Well, I -- Chairman Gonzalez: Yeah, we can take them all together. Commissioner Sarnoff Want to take them all together? Chairman Gonzalez: Yeah. Commissioner Sarnoff Well, I'll keep my fingers crossed. Mr. Ruano: And the other notes, we also met with department directors to talk about some of these changes, and some of the things that were recommended in discussions with the Manager, that City departments -- permits from City departments be appealed directly to the City Manager because if they go to the HEP (Historic and Environmental Preservation) Board or even the City Commission, they would take a long time, so that was a request. Also, the -- that in -- additions, when people are doing additions and they're required to do a tree survey, instead of hiring just -- instead ofjust a requirement to hire a surveyor, they'll also have the option to either use -- an architect or an engineer, which they may already be using so they don't have to go out and burden them to hire someone else in addition. Chairman Gonzalez: And pay an additional $600 for a surveyor. Mr. Ruano: Exactly, and the third was that the photos for additions, when you're doing the -- in addition to the surveyor, or whatever drawing, that photos may also serve to show that what trees were there and the conditions they were in. Vice Chairman Sanchez: Those are reasonable. Are you OK with those conditions? Commissioner Sarnoff No. I am. As a matter of fact, if we're going to take them all together, I could read to you the Green Commission's, transmitted to me by the Mayor, exactly his City ofMiami Page 149 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 amendments, and I'm going to have the City Attorney to listen carefully. One of the amendments for second reading is Article 8.1, Tree Protection, and it goes to 8.1.2, Definition, and I'm reading from "prohibited tree species," and the Mayor's amendment is on line 2, which is, this article incorporates, by reference, the City ofMiami's free master plan. Before we had Miami -Dade; now we have the Mayor's master plan, or the City ofMiami's master plan. It was promoted by Commissioner Sanchez and the Mayor. The other friendly amendments -- I'm looking at, Mr. City Attorney, page 5 of 10, and I'm at 8.1.6.1, Tree Replacement Chart. I am at 8.1.6.2, Tree Species, and the changes made here are frees installed as replacement trees shall be of native or nonnative and shall be planted at grade or at ground level, according -- this is the change -- to ISA (International Society ofArboriculture) best management practices. The rest of that line, Mr. City Attorney, in addition to frees of native or nonnative, the completion of that line is taken out. The Mayor suggested change is palms may only be installed to replace palms, so that's another change, and I believe there's only one more, and that is, Mr. City Attorney, at page 9 of 10, and I am in 8.1.1 -- excuse me, 8.1.11, Exemptions. I'm at Section C, Mr. City Attorney. I'm going to read this to you as best I can. It says the removal of any free during or following an emergency, such as the act of nature or life safety, creating -- I'm sorry, of nature, creating a life safety issue or otherwise preventing a person from enjoying or utilizing their property or to prevent further damage by demonstrating to the City with photographic proof and/or certified arborist report a depiction of the specific life safety issue and/or the person's inability to enjoy and utilize their property, so that's the change that was promoted by the Mayor. I hope I've read that carefully. I know you're going to have to reread this, butt have the changes in writing; maybe that will help you, as well, butt want my fellow Commissioners to understand. These were the changes that the Mayor went to with the Green Committee, and these were their recommendations. I endorse all of them. They're not major changes. They've improved a statute through conversation. Vice Chairman Sanchez: So I would make a motion to incorporate them on the -- well, this is second reading. Commissioner Sarnoff Correct. Chairman Gonzalez: And there was something about -- Vice Chairman Sanchez: Wait, whoa, whoa. Wait -- Mr. Fernandez: Well -- Vice Chairman Sanchez: If we do that, doesn't it go back to first reading? Mr. Fernandez: No, not necessarily, but now -- first, the record needs to reflect that the City Commission has, in fact, opened these three items together. Unidentified Speaker: Right. Mr. Fernandez: Item 20, 21, and 22 have been opened up together because you're jumping around. I thought you were only considering item 20, but everything that Commissioner Sarnoff read applies to item 22. You need to know that item 22 -- Commissioner Sarnoff Requires -- Mr. Fernandez: -- is driven by item 21. Unless you take action on item 21, you cannot adopt item 22, so while all of the recommendations or modifications that you've read are appropriate to be put out there and considered, unless you're also willing to take a vote today on item 21, you would also need to delay taking a vote on item 22, which would give us an opportunity to come back with all of these modifications already inserted in the appropriate places, so having said City ofMiami Page 150 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 that, we've taken note of all of your modifications, the record contains them; although I wasn't able to write them all down, and I suggest that you go back to item 20, which truly stands alone, and it stands by itself. Commissioner Sarnoff Correct, correct. Let's leave -- put that to a vote, sir. Vice Chairman Sanchez: Yeah. Chairman Gonzalez: And we had a motion on that, I believe, and we -- Commissioner Sarnoff And I'll -- Chairman Gonzalez: -- had a second, didn't we? Commissioner Sarnoff -- second. Chairman Gonzalez: No? OK. Now we have a motion -- Vice Chairman Sanchez: Madam Clerk, let the record reflect that Commissioner Sarnoff makes the motion and I second it. Priscilla A. Thompson (City Clerk): I'm just -- I'm sorry. The record and the recorder is not clear on which one you're making a motion on -- Commissioner Sarnoff PZ -- Vice Chairman Sanchez: PZ.20. Ms. Thompson: Just bear with me for a second. Vice Chairman Sanchez: Yes. Ms. Thompson: -- and which items you were modifying, because you didn't state it for me; you just made mention of it, so if you can just tell me either the -- Commissioner Sarnoff The item -- Mr. Fernandez: Again, the items that were modified or that Commissioner Sarnoff extensively read into the record was PZ. 22 -- Commissioner Sarnoff He's right. Correct. Mr. Fernandez: -- so all of those modifications need to wait until you get to item 22. He just needs to, not restate them, but just reference them, and the record can pick it up from there, but now you're going back to item number 20. Commissioner Sarnoff Correct, and I'll make a motion to approve item 20 -- PZ.20. Ms. Thompson: That's your second reading ordinance as is. Vice Chairman Sanchez: Second. Mr. Fernandez: Correct, and there is no changes or modification to PZ. 20. Commissioner Sarnoff Correct. City ofMiami Page 151 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Vice Chairman Sanchez: As is. Ms. Thompson: Thank you. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. There is a motion and there is a second on PZ.20. It's an ordinance. Please read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.21 05-00335 ORDINANCE Second Reading 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 FR Legislation .pdf 05-00335 SR Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: ADMINISTRATION: Recommended approval. PURPOSE: This will amend certain definitions and clarify the maximum daily fines within Sections 2-811, 2-814 and 2-817 of the Miami City Code. NOTE: Commissioner Marc Sarnoff has sponsored this item. Per the City Attorney's Office, this item is to return as a Planning and Zoning item when scheduled for Second Reading. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12902 Chairman Gonzalez: All right. PZ.1 [sic]. I'm sorry. PZ.1. City ofMiami Page 152 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Vice Chairman Sanchez: PZ.22. Commissioner Sarnoff PZ (Planning & Zoning) -- Chairman Gonzalez: PZ.21. Priscilla A. Thompson (City Clerk): Thank you. Commissioner Sarnoff 22. Vice Chairman Sanchez: 2 [sic] -- 22. Chairman Gonzalez: 22? Vice Chairman Sanchez: Yes. Commissioner Sarnoff Yes. Jorge L. Fernandez (City Attorney): No, no, no. Ms. Thompson: But -- no, no -- Mr. Fernandez: You cannot do -- Commissioner Sarnoff We did -- Mr. Fernandez: Well, 20 and 21 are not going to be considered then; is that the decision? Chairman Gonzalez: No. We already did 20. We already voted on 20. Mr. Fernandez: On 20. Are you --? What are you going to do with 21 and 22? Commissioner Sarnoff No. Well -- let's continue. Commissioner Regalado: It's an ordinance. Vice Chairman Sanchez: All right. Let's continue 21 and 22. Chairman Gonzalez: OK. All right. We have a motion -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- to continue 21 and 22. All in favor, say "aye." Commissioner Sarnoff To continue? Lourdes Slazyk (Zoning Director): April. Vice Chairman Sanchez: You don't want to continue 22? Commissioner Sarnoff I was hoping to do it tonight. I was just feeling lucky. Commissioner Regalado: Let's do it. City ofMiami Page 153 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Sarnoff I'm looking at Commissioner Gonzalez; I have good feelings going. Chairman Gonzalez: I said let's take 21 and 22. Commissioner Sarnoff I agree. Chairman Gonzalez: I don't know why we -- I don't know why we created this commotion. You said something about the appeals; that the appeal -- Robert Ruano (Director, Grants Administration): Yes. Chairman Gonzalez: -- are going to go directly to the Manager? Mr. Ruano: Appeals from City departments -- Vice Chairman Sanchez: Well, that's -- Chairman Gonzalez: From City departments. Mr. Ruano: -- but that was a recommendation. Yes. Pedro G. Hernandez (City Manager): Mr. Chairman, these are appeals on permits for City projects, whether they're conducted by Capital Improvements or Public Works. Chairman Gonzalez: Let me tell you what my problem is with this ordinance, OK, and I'm going to be quite frank. My problem is that we are imposing a $1, 000 fine, $5, 000 fine, $15, 000 fines, and there are thousands, thousands of residents out there, OK, Hispanics, that doesn't watch Channel 9 [sic] or Channel 76 [sic] or whatever channel -- number -- the channel is today, 77 or whatever, OK. They don't know what we're doing in here. Their culture and their customs are completely different from the customs and cultures here, and I may have one of my residents cut a mango tree or an avocado tree tomorrow and they'll be fined $15, 000 -- Commissioner Sarnoff They wouldn't under -- Chairman Gonzalez: -- and the City hasn't done anything to let the people know of what we're doing in here on changing these ordinance and changing the fines from $250 or maybe $500 to $15, 000. That's what my problem is. You know, we spend $2 million on building the mini dump on 20 Street, and I don't know how many people are using it because we haven't promoted it. We haven't sent flyers to the homes. We -- you know, because that's the way we do things here, you know. We're going to be happy among ourself, we pass a tremendous resolution or a tremendous ordinance; you know, we're going to fine people $15, 000, but when the people start getting hit out there, then, you know, I want to know what are we willing to do to help those people, because I understand that there are developers that want to develop and they cut trees, and they do all of that for the purpose of making money, but we also have the other people that don't cut a free because they want to make money. They cut a tree because their culture is different. I mean, you know, they're not so into trees. Commissioner Sarnoff But let me just address that two ways. First thing is, if you're a homeowner, you can have a -- unfortunately, you can have one tree a year, and this Code will not change to you at all, so it'll be the exact same ordinance, so in a manner of speaking, this homeowner would learn that the next time he does it this calendar year, he could be subject to big money, not that $500 is not a lot of money to the man; I'm sure it is, so to a homeowner, a homesteaded homeowner, this ordinance doesn't change one time a year for them. It's that one mistake a year, so to speak. That's why we fry to put a buffer into this ordinance that would help, let's call them, the newly -- the new immigrants, if you will. The Mayor's program, along City ofMiami Page 154 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 with the County, is going to have, as part of it, an education program for this ordinance, and I think they have 100,000 -- and you can correct me, Mr. City Manager, if I'm wrong, but I think there's $100,000 that's going towards the education of the new tree ordinance for that new program, so there is an education program in process. This ordinance, I mean, it has teeth in it, but it doesn't have teeth in it that will change anything to anyone one time a year if they're a homeowner. I don't truly know why a renter goes out cutting down trees, and I would suggest to you they probably should not, but this ordinance was written so that, I will call it, the new immigrants, who are not cultured or not well educated in the Miami system, will have an opportunity -- they'll be treated just like they would the day before you pass this ordinance, and they'll learn that, by the way, from that NET (Neighborhood Enhancement Team) administrator or from that Code enforcement officer, you know, if you do this again this calendar year, frust me, you probably could not afford the next fine. Chairman Gonzalez: But that is the message that need to be sent to the Code Enforcement people that are going to be out there imposing these fines, and imposing these, you know -- Commissioner Sarnoff They can't impose it the first time to that -- to Joe and Jane Homeowner, there's no -- Chairman Gonzalez: And how will this affect the condominium associations? Because let me tell you what happened. In my district, for example, 1501 Northwest 7th Street, they frim, I think there were 50 trees. Vice Chairman Sanchez: They're still paying for it. Chairman Gonzalez: OK. Huh? Vice Chairman Sanchez: They're still paying for it. Chairman Gonzalez: No. They were going the charge them $50, 000 or $25, 000. I think they came before the Code Enforcement Board, and the Code Enforcement Board reduce the fine to $2,500, but guess what? Three months -- let me -- guess what? They trimmed their trees. Three weeks later, the hurricane came and knock down a hundred frees on 7 Street. You know which trees were the only one that kept standing? Commissioner Sarnoff The ones that were trimmed. Chairman Gonzalez: Their frees, and six months later, they were beautiful again, so you know -- I mean, there has to be certain controls on what we're frying to do here. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: That is -- those are my only concerns. Vice Chairman Sanchez: And they're very valid concerns. I think there's a balance in this ordinance. I think the message is very clear. The message is that we need to protect our trees. We need to protect our canopy. We rely on trees. Let's educate people to protect the frees -- Chairman Gonzalez: Yeah. Vice Chairman Sanchez: -- and you're right, I mean, it's -- you know, we have gone out of our way to plant, God knows how many frees we planted throughout the City, and it's -- you have to educate people because there's that mentality in different cultures where if the tree does not bear a fruit -- City ofMiami Page 155 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: A fruit, they don't want a tree. Vice Chairman Sanchez: -- it's no good. It's not a good free, and it's -- no, no, no, no, no, that's not true. It -- you know, doesn't have to provide a fruit. Maybe it could provide a flower or maybe it could provide oxygen or shade, and those are the things thatl think that we, as a government, although we're prepared to go out there and fine people, we are, we also have to establish a process where it would also educate people on, you know, feeling that they are a part of what we're trying to accomplish in the City, so you know, at first, I think we were all hesitant to this ordinance because maybe we thought that it was going to have too much teeth on -- to it, but right now, the way that we've been able to mold it, I think it's acceptable, and I think we can get it through and see how it works, and then we'll address the issue, but at the end -- I don't want to say -- I think that through it all, it's a good ordinance based on how we've crafted it right now. Chairman Gonzalez: Yes. Mr. Manager. Commissioner Regalado: Can I just say something? We recently took a picture, and every year we send a postcard to every resident, voter, I guess, in the City ofMiami about the -- what is it that we send that every year? Chairman Gonzalez: The tax -- Commissioner Regalado: Exactly. Chairman Gonzalez: -- a tax fees. Commissioner Regalado: Have we sent that already? Commissioner Sarnoff CDBG (Community Development Block Grant)? Vice Chairman Sanchez: What? Pedro G. Hernandez (City Manager): Commissioner, I'm not -- Vice Chairman Sanchez: The frim cards? Mr. Hernandez: -- aware of that. I'll find out for you. Chairman Gonzalez: Yeah, we're sending -- Mr. Hernandez: -- -- as soon as possible, right now. Commissioner Regalado: The reason I'm saying this is because which do send that every year, by mail. Commissioner Regalado: It is -- Vice Chairman Sanchez: The frim notice. Commissioner Regalado: No, no, no, no. Chairman Gonzalez: No, no. Commissioner Regalado: No, no. It's just an advertising of the -- City ofMiami Page 156 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: Yeah. Commissioner Regalado: -- City -- Chairman Gonzalez: Yeah, the -- Commissioner Regalado: -- for tax purposes and all that. Chairman Gonzalez: -- assistance that we give to people. Commissioner Regalado: It's not an official. It's just a, you know, advertising. My proposal is that we do a -- maybe a bigger card, reducing the text of the tax program that we offer, and then including other City Commission actions, and from now on, trimming a free or, you know, doing this and that will be considered for a fine. I mean, because sending a mailing to all the residents, it would cost a lot, but since we're sending this mailing anyways, it could be -- the main issue could be reduce in size in terms of number of words and then some actions -- Chairman Gonzalez: The problem is that I think that those pieces have already been printed. Commissioner Regalado: OK. Chairman Gonzalez: That's the problem because -- Commissioner Regalado: Well -- Chairman Gonzalez: -- I saw one at -- Commissioner Regalado: -- I'll give you another solution. If those pieces were already mail, what the Administration should do is fry to separate the five different disfricts and offer the names and addresses to the five Commission disfricts so the five Commission disfricts will be able to decide if they want to communicate, depending on the areas and on the surname of the person, to communicate that thing, because what the Chairman is saying is going to happen. I'm all in favor of this, and I did vote for it because, as the Commissioner explained, first time will not be -- people would not be prosecuted, but people ought to know, and they don't know. They just don't know. They have different cultures or information, so maybe every offer -- every office of the Commission district can decide whether or not we want to send mailings or we want to ask the NET office to reach out to the people. It's all about information. It's -- Commissioner Sarnoff Mr. Manager, I know you want to say something, but -- and I should shut up, but I'll use my Commissioner prerogative for a moment. We have a certain amount of money in the Tree Trust Fund. Could we dedicate some of that money towards a mailer or educative mailer that we could send out in Spanish, English, Creole? I don't know what else -- I think those are the three major languages. Mr. Hernandez: Commissioner, I think that we need to explore all the options as to how to best get the information out to the general public. I can work with Legal to be sure that it's an eligible expense. We may have some other means that we're not thinking of right now that we could use. What I wanted to say before is that because of the significance and the concern -- significance of the item and the concern of the Commission members that rather than make the ordinance effective in 30 days, to double that amount of time to like 60 days or to select a specific date, like it could be June 1, for example. It will give us more time to be able to promote it and to get the word to people as to what's happening, what's entering into effect, like for example, June 1. Commissioner Sarnoff I think it's an excellent -- City ofMiami Page 157 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Mr. Hernandez: Rather than the 30 days that we have now. Commissioner Sarnoff No. I think that's an excellent idea. Chairman Gonzalez: Yeah. For example, the City is going to one radio station every Tuesday. Mr. Hernandez: Yes. Chairman Gonzalez: Right? Mr. Hernandez: Yes. Chairman Gonzalez: For half an hour. Mr. Hernandez: Yes. Chairman Gonzalez: Well, that's a good program to start, you know -- Mr. Hernandez: I'll -- Chairman Gonzalez: -- promoting or explaining to the people what has been done in here, and then we can do it through newspaper, we could do it through a mailer. I mean, how many households do we have in the City, 80,000? Eighty thousand a piece won't cost more than 50 cents delivered to a home, no more than 50 cents, so we're talking $40, 000 to go to every households [sic]. Every single home in the City ofMiami will receive, you know, notice of what has been done here, and then they don't have an excuse. I mean -- Commissioner Sarnoff I agree. Chairman Gonzalez: -- you know, you'll send it to them in Spanish, Creole, and English. I mean, you don't have an excuse, you know. Judith Sandoval: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Sandoval: I don't believe the public hearing -- Chairman Gonzalez: OK. Ms. Sandoval: I have a hopeful suggestion -- Chairman Gonzalez: OK. Ms. Sandoval: -- about educating the public, I think. Judy Sandoval, 2536 Southwest 25th Terrace. You know, it doesn't take much education to get people to change their ideas. In Silver Bluff it's mostly Hispanic population, my block included, and people are not so much recent immigrants, and they catch on. They do it right. They take care of their trees and stuff but I think the real way to change the culture thoroughly and educate people is to do it through the schoolkids, and I know this really works, because I worked in Nicaragua with the director of the Department of Natural Resources, and down there it's a different problem because people are cutting down trees for firewood, and also, they're grabbing the turtle legs and eating them and selling them, so the schools created little brigades of environmentalists and they had little green neckerchiefs, and they had little green flags, and they march in the streets, and we sent them on City ofMiami Page 158 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 the beaches, and nobody would destroy those eggs because the kids were protecting them, and it made amazing difference, and I know the Mayor has these agreements with Rudy Crew about different things, and Joe Sanchez, of course, working with the Mayor on this Green Committee, and I don't see why the schools couldn't cooperate in this, and include things like how to treat your frees in their school programs because they must have environmental programs, and it wouldn't cost you as much, and it could continue year after year. Thank you. Chairman Gonzalez: That's a brilliant idea. That's a good idea, too. Yes, ma'am. Liliana Dones: Liliana Dones, 2901 South Bayshore Drive. I am cochair of the Tree Watch Committee of the Coconut Grove Village Council, and I wasn't sworn in because I just arrived, so -- Vice Chairman Sanchez: No, let's -- Chairman Gonzalez: No. Ms. Dones: -- is that OK? OK. Another good idea, which is actually my husband's idea, is to partner with FPL (Florida Power & Light). FPL already has a lot of information that they put out there, and if you partner with them, I think that -- Chairman Gonzalez: There you go. Ms. Dones: -- that would work really well, but I mean there's a ton of ideas. I would be happy, at the next Green Commission, which I'm also in the Green Commission, to sit down and do a brainstorm of how we can get this out. That's what I do on marketing, so I can come up with a whole bunch of ideas. There an excellent magazine called Paracaidista for new arrivals in Miami that -- to acquaint them with everything, and also with all the different, you know, chambers of commerce that they have and so forth, so there's a lot of ways to get the word out there, and the other thing I wanted to bring up, which I brought up last time, it is about education, but it's also about reasonableness. The fines are big, but what we really want to get the point across to are the people who are repeat offenders and who are developers who completely slay an entire lot and remove every inch of canopy on there -- Vice Chairman Sanchez: Here, here. Ms. Dones: -- and when people come to Code Enforcement -- when they come before Code Enforcement and they say, you know, we didn't know, and it's -- you know, in other words, more accountability needs to happen. There needs to be more of a slide rule, and if it's a first-time offender and it's a private citizen and they really didn't know and they weren't aware, you know, then of course, if they can mitigate down these fines for big -deal guys who go to the special master, they should be able to do it for the little guy without any problem, and the last thing I want to bring up while I'm up here is we are now cutting down nonnative trees. It's happening more and more. There are 27 trees that are slated to come down on South Bayshore Drive at the Trapp House that are Australian pines. Because they're nonnative, they are -- don't need to be mitigated. The people that are doing the cutting are going to mitigate nevertheless, but they're doing it with royal palms, and that's nice of them, but that means we're down 27 trees worth of canopy, and as I was driving along Bayshore or Main Highway earlier today and I realized how many Australian pines that were there, I realized that if they were to be cut down -- and they're on the public right-of-way -- if no mitigation was to happen, we'd be down all these trees. Canopy is canopy, and we need to figure out, as we take down these nonnatives, we need to start replacing them with natives, but we need to do it, you know, at a proactive level. It can't be that you can't -- you don't have to mitigate when you take down a nonnative. Chairman Gonzalez: All right. City ofMiami Page 159 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Ms. Dones: Thank you. Chairman Gonzalez: Thank you very much. All right, so? Vice Chairman Sanchez: It's time to fish or cut bait. Chairman Gonzalez: It's -- Commissioner Sarnoff It is. Chairman Gonzalez: -- time to fish or cut bait. Is there a motion? Ms. West: I want to say one more thing about taking the tree down and protecting the ignorant single-family homeowner. One of the things that -- well, that's whatHr. -- if you don't know something, you are ignorant of the fact. That does not mean stupid; check your dictionaries. Ignorant means you don't know; you're not aware, so one of the things is we do have some developers and homeowners who are not ignorant, who are attorneys, who have cut down oak trees on a Sunday, and then they go running off to the special master pleading total ignorance as the tree stump was being pulled out on a Sunday afternoon now -- that's total ignorance, right? - - and they have a fine mitigated down to nothing. They say, "guilty with an explanation," so I think that one of the things we ought to do about the trees, not all of Code Enforcement, but just about trees, where we're going to have an education system, let's have it on TV (television). Code Enforcement is on TV. Every tree thing that comes along should go to the Code Enforcement Board. They should not be able to get mitigation with a special master behind closed doors, and I think that that would go -- a lot of people watch these shows -- a long way in educating the total public of what goes on, and certainly, when an attorney comes before the Code Enforcement Board and says I cut down these two frees on a Sunday and had the stumps pulled out, butl didn't know it wasn't a good idea and has his fine mitigated down, they can make a decision about what that -- whether that person was truly ignorant or is pleading ignorant. Thank you. Chairman Gonzalez: You're welcome. Mr. Hernandez: Mr. Chairman, ifI -- Chairman Gonzalez: All right. Let's -- Mr. Hernandez: Mr. Chairman. Chairman Gonzalez: -- move on. Mr. Hernandez: IfI may real quick. Chairman Gonzalez: Yes, sir. Mr. Hernandez: I've been advised that there is certain percent of the Tree Trust Fund -- I believe it's up to ten percent -- that can be used for administration, community outreach, education, et cetera, et cetera, so that opens up that avenue. However, I think the approach is to be multipronged. There are many ways to do it. We've had some very good ideas, so we'll approach them all, and if we have the additional time, we'll be able to do a better job. Chairman Gonzalez: All right. Let's fish or cut bait. Commissioner Regalado: But excuse me. Who's going to design the piece? City ofMiami Page 160 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Mr. Ruano: I'm going to work with the Green Commission to put that piece together. We've even talked about possibly looking at a public relation firm and get some professional advice, too. Commissioner Regalado: No, no, no. Chairman Gonzalez: I hope that Castro never gets to Miami, because if he -- Commissioner Regalado: That's what I thought. Chairman Gonzalez: -- ever gets to Miami, he's going -- Commissioner Regalado: That's what I thought -- Chairman Gonzalez: -- to have so many advocates. Commissioner Regalado: -- that you guys are going to hire a -- Chairman Gonzalez: It's going to be incredible. Commissioner Regalado: It's very easy. Mr. Ruano: It's -- Commissioner Regalado: It's very easy, guys. It's design, simple painting a free, you know, English and Spanish; new regulations. Here's what you need to know about the tree. I thought that there was the idea of hiring somebody, which -- I mean, you did, but why spend that money? Chairman Gonzalez: IfI want to call the attention of the people, you know what I do in one phase? You have been fined $15, 000. Commissioner Regalado: You will be fined. Chairman Gonzalez: See the reverse sides, and then you (UNINTELLIGIBLE). Commissioner Sarnoff Don't let this happen to you. Vice Chairman Sanchez: All right. Hey, come on, let's vote on this. Chairman Gonzalez: All right. Let's do PZ. 21. Commissioner Sarnoff I'm going to make -- Chairman Gonzalez: Is there a motion on PZ. 21? Commissioner Sarnoff Let me make a motion with the amendment that it would not be effective until June 1, 2007. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. It's an ordinance. Mr. City Attorney. Mr. Fernandez: It's an ordinance on second and final reading; require a four fifth vote, as City ofMiami Page 161 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 amended. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. Vice Chairman Sanchez? Vice Chairman Sanchez: Why am I -- always have to be the first one? Why do I have to be first? Commissioner Sarnoff You're never first. Vice Chairman Sanchez: Yes. Ms. Thompson: Thank you. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff I was hoping you'd go to the Chair first -- next. Yes. Ms. Thompson: Then Chairman Gonzalez? Chairman Gonzalez: Yes, provided that we establish the June 1 date and that we work on that piece and make sure that every single resident of the City ofMiami is informed of what's coming to them, OK? Ms. Thompson: So the ordinance has been adopted on second reading, as modified -- Commissioner Sarnoff I've got to thank you. Chairman Gonzalez: Yes, ma'am. Ms. Thompson: -- 4/0. Commissioner Regalado: Can I --? Chairman Gonzalez: PZ.22. Commissioner Regalado: Can I say something? Chairman Gonzalez: Yes, sir. Commissioner Regalado: I know that I have very little experience in public relation, but -- Chairman Gonzalez: You have quite a bit. Commissioner Regalado: -- the piece cannot be threatening. Chairman Gonzalez: No, of course not. Commissioner Regalado: The piece should be informative -- Chairman Gonzalez: Right. City ofMiami Page 162 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Regalado: -- and it's not about you will be shot on site if you cut a free. Chairman Gonzalez: Right. Commissioner Regalado: It's about there're new regulations. We need to protect our canopy. This -- we breathe the air that we produce, you know. A very nice -- and these are the rules, English -- Chairman Gonzalez: And Spanish -- Commissioner Regalado: -- Spanish -- Chairman Gonzalez: -- and Creole. Commissioner Regalado: -- and Creole. If you need more information, call your Commissioner's office, you know; they will provide more details. If there is -- and mind you, if there is a tree tangle in your wires, call this number, Florida Power & Light, call 311. You know, it should be something -- Chairman Gonzalez: An informational piece. Commissioner Regalado: -- that the people could save, you know, and have some numbers so the people would save it and be reminded and not just another political advertisement that the people would throw, so -- Chairman Gonzalez: All right. Commissioner Regalado: -- that as a suggestion. PZ.22 07-00115 ORDINANCE Second 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 FR Legislation.pdf 07-00115 SR Legislation.pdf 07-00115 SR Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: ADMINISTRATION: Recommended approval. PURPOSE: This will add definitions and applicability and provide for certain criteria related to trees. City ofMiami Page 163 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 NOTE: Commissioner Marc Sarnoff has sponsored this item. Per the City Attorney's Office, this item is to return as a Planning and Zoning item when scheduled for Second Reading. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12903 Note for the Record: Please refer to item PZ.13 for minutes referencing item PZ.16. Chairman Gonzalez: 16 is the last one. Priscilla A. Thompson (City Clerk): 16. Chairman Gonzalez: We're not done yet. Vice Chairman Sanchez: Yeah, yeah, 16. OK. I move -- Commissioner Sarnoff Second. Vice Chairman Sanchez: All of these come with full support, so I move. Chairman Gonzalez: We have a motion, and we have a second. 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. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Chairman Gonzalez: Very well. PZ.23 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 164 Printed on 4/20/2007 City Commission Meeting Minutes March 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 06-008291u CC SR Fact Sheet.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. Motion by Commissioner Spence -Jones, 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: All right. Let's go to PZ.2. Vicky Garcia -Toledo: Commissioner, did you want to take an announcement on 23 and 24 at this time? Chairman Gonzalez: Yeah, sure. Ms. Garcia -Toledo: And as a courtesy to Commissioner Spence -Jones, since it's in her district, is she -- was she -- is within earshot of our announcement? Vice Chairman Sanchez: Which item are we talking about? Ms. Garcia -Toledo: She's here. Chairman Gonzalez: She's coming. Ms. Garcia -Toledo: She's here. City ofMiami Page 165 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: She's coming. Vice Chairman Sanchez: 23, 24? Ms. Garcia -Toledo: Items PZ.23 and 24. For the record, Vicky Garcia -Toledo, with the law firm ofBilzin Sumberg, offices at the Wachovia Center, andMr. -- Tucker Gibbs: And Tucker Gibbs, law offices at 215 Grand Avenue, in Coconut Grove. Commissioner Spence -Jones: Mr. Chairman, I only have one question. I just was notified that this was going to change, and Tucker's representing the residents of that district -- Mr.Gibbs: Several. Commissioner Spence -Jones: -- correct? Mr. Gibbs: Yeah. Commissioner Spence -Jones: Because I know that there's a big issue and a big concern with the residents that live in the Oak Grove area about the project taking place there. Mr. Gibbs: Absolutely, and that's why we're making this announcement. Well, I'm going to put Tamara Hendershot, and I also -- Commissioner Spence -Jones: So you are speaking on behalf of all -- Mr. Gibbs: Yes. Commissioner Spence -Jones: -- of the residents in -- Mr. Gibbs: I can't say it for every single resident. I represent my clients -- Commissioner Spence -Jones: -- of the Association? Mr. Gibbs: -- but I've talked to the president of the Association; my clients as well, and he -- we're -- as the president said, we're all as one on this. He said, Mr. Gibbs, you know what our issues are, you know what our concerns are, and so our position is that we would like to, instead of making a presentation today and -- Commissioner Spence -Jones: Yeah. Mr. Gibbs: -- the same presentation in a month, what we would like to agree on is to say that we will make no presentation today on those issues, ask you to pass them as a matter of form until the -- on first reading; second reading, we will be there to make a full presentation and either come to an agreement, hopefully before then, or not, but be able to make our full presentation then. Commissioner Spence -Jones: So it is our understanding, Vicky and Tucker, that at least the two have somewhat come together to try to figure out something? Mr. Gibbs: Well, we -- we're trying. Ms. Garcia -Toledo: We are trying. We've -- Commissioner Spence -Jones: I just want to make sure that that is stated. City ofMiami Page 166 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Ms. Garcia -Toledo: We have had numerous meetings, and I have to take an opportunity to say thank you to the neighbors in this area because they have been really excellent in meeting with us and making themselves available, and our agreement is, with all respect, if you would so -- be so predisposed to approve this on first reading today, and both sides will reserve all rights to do a full presentation next month at second reading. Commissioner Spence -Jones: No problem. Chairman Gonzalez: And the Chair -- Commissioner Spence -Jones: So with that, Mr. Chairman, you do want --? Chairman Gonzalez: -- appreciate that. Ms. Garcia -Toledo: We thoughtyou would. Mr. Gibbs: We thoughtyou would. Commissioner Spence -Jones: So on that note, I'll go ahead and move it. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. This is a public hearing, before I get criticized. This is a public hearing. Anyone from the public that wants to speak on PZ.23 or PZ.24, please come forward to be recognized. All right. Seeing none, hearing none, public hearing is closed. Mr. Lavernia, do you want to put something on the record so we know what we're voting on? Roberto Lavernia (Chief of Land Development, Planning): It's a land use and zoning change -- item 23 and 24 -- Ms. Garcia -Toledo: I -- Mr. Lavernia: -- land use and zoning change for property on 399 Northeast 82nd Terrace, from single-family residential to medium density multifamily residential, the land use, and from R-1 to R-3, the zoning change. Chairman Gonzalez: All right. There a ordinance or --? Vice Chairman Sanchez: Yes. Chairman Gonzalez: Let me see. Priscilla A. Thompson (City Clerk): It's an ordinance. Maria Chiaro (Assistant City Attorney): It is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Ms. Thompson: This is our roll call on PZ.23. City ofMiami Page 167 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.24 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. 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 06-00829zc CC SR Fact Sheet.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. 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.24 is also an ordinance. Vice Chairman Sanchez: So move. City ofMiami Page 168 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): This is your roll call on PZ.24. Chairman Gonzalez: 24. Ms. Thompson: OK. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Tucker Gibbs: Thank you. Chairman Gonzalez: And let me tell you. You won't believe how much I appreciate what you have just done. You know, and there are many ways that we can expedite these Planning and Zoning meetings, and ifI had an item in my district that I had a problem with or that I believe that the neighbors or the opposition and the developers should meet and get together and fry to find a solution and bring the item back with a solution between both parties, you know, it will save a lot of time and it will save, you know -- it will help us expedite the agenda if we, at the beginning of the item, say, you know what? I have such and such and such a problem with this item, and I recommend that you people go back, sit down, discuss it, solve it, or I have this concern, and until you have my concern answer, I won't be able to take any action on this. You know, that will help us save a lot of time on these meeting, on these Planning and Zoning meeting, so this is a classical example, you know. They haven't reached an agreement yet, but they agree to approve it on first reading; then they're going to come back and do a full presentation, because otherwise, we would have gone through a full presentation, maybe an hour, an hour and a half and at the end of the presentation, guess what? No. We need to go back and sit down and discuss it and keep talking about it to see if we can come to a solution, so you know, I really appreciate what you have done, on behalf of my colleagues and myself. Thank you so much. Vicky Garcia -Toledo: Thank you. Mr. Gibbs: Thank you. Ms. Garcia -Toledo: Thank you. Chairman Gonzalez: Thank you. PZ.25 06-01239x 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 City ofMiami Page 169 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Votes: ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A SUPPER CLUB IN "C-1", FOR THE PROPERTY LOCATED AT APPROXIMATELY 28 NORTHEAST 40TH STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 06-01239x Analysis.pdf 06-01239x Zoning Map.pdf 06-01239xAerial Map.pdf 06-01239x Letter of Intent.pdf 06-01239x Application & Supporting Docs.pdf 06-01239x Plans.pdf 06-01239x ZB 09-25-06 Fact Sheet.pdf 06-01239x ZB 10-16-06 Fact Sheet.pdf 06-01239x ZB 11-13-06 Fact Sheet.pdf 06-01239x ZB Reso.PDF 06-01239x Appeal Letter.PDF 06-01239x CC Legislation (Version 3).pdf 06-01239x Exhibit A.pdf 06-01239x CC Legislation (Version 4).pdf 06-01239x Exhibit A.pdf 06-01239x CC 02-14-07 Fact Sheet.pdf 06-01239x Submittal Presentation.pdf 06-01239x CC 03-22-07 Fact Sheet.pdf 06-01239x Submittal Letters.pdf 06-01239x Submittal Operational Plan.pdf Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0180 Chairman Gonzalez: Commissioner Spence -Jones is going to have to leave at 5, so I -- I'm going to take her items up -- Commissioner Spence -Jones: Thank you, Mr. Chairman. Chairman Gonzalez: -- to see if we can get it over with them before she has to leave. Otherwise Commissioner Spence -Jones: Thank you, Mr. Chairman. Chairman Gonzalez: -- they're going to be deferred. Commissioner Spence -Jones: Thank you, Mr. -- Chairman Gonzalez: PZ.25, which is an appeal. PZ.25. Commissioner Spence -Jones: Yes. I -- Chairman Gonzalez: You're here for PZ.25? City ofMiami Page 170 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Gilberto Pastoriza: No, no. I think I'm -- Commissioner Spence -Jones: PZ.25 is the special exception for the supper club. Roberto Lavernia (Chief of Land Development, Planning): Yes. An appeal of a special exception. The Planning Department recommend approval of the appeal and approval with condition -- Commissioner Spence -Jones: I can't really hear you. Can you --? Mr. Lavernia: Yes. Planning Department originally recommend approval of the special exception. It went to the Zoning Board; make a motion to approve with conditions that fail, constituting a deny [sic], and that's why they are here. They appealed the Zoning Board decision. Commissioner Spence -Jones: OK. Mr. Lavernia: It's for a nightclub on 28 Northeast 40th Street, name Grass. Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. Is the other --? Commissioner Spence -Jones: Who is --? Chairman Gonzalez: Are you here on PZ.25? Mazi Soofi: Yes, I am. I have representation today, though. He should be here shortly. He's here right now in the building. Mr. Lavernia: The lawyer for this item is here; he was just here, so let me see ifI can find him outside. He was not aware that you're taking it out of order. Priscilla A. Thompson (City Clerk): Sir, I'm sorry. I need your name for the record, please. Mr. Soofi: Sure. Mazi Soofi, M-A-Z-I, S-O-O-F-I. Ms. Thompson: Thank you. Commissioner Spence -Jones: Mr. Chairman, while they get set up, this is the item that we actually asked to have happen around 3:30 because I believe the neighbors of Buena Vista wanted to be here, so I wanted -- I only see really one of them, butl don't know if the rest are here. Ben Fernandez: Good afternoon, Commissioners. I apologize. I stepped out one moment to the resfroom. I didn't think you were skipping around like this. May I pick up my easel and my exhibits one moment? Chairman Gonzalez: Yeah, go ahead. Mr. B. Fernandez: Good afternoon, again, members of the board. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the property owner and the applicant. This is a property that is located at 28 Northeast 40th Street in the heart of the Design District, which is presently zoned SD-8, which is the Design District zoning. It's not zoned residentially. The business in question is Grass Lounge, which is an existing restaurant with outdoor eating. Outdoor eating is City ofMiami Page 171 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 something that is specifically provided as principal -- as a permitted use within the SD-8 zoning district. The restaurant currently has the ability to open until 3 a.m., and our application is for a special exception in order to allow it to open until 5 a.m., which it previously was able to do. However, because there's been a change of ownership and there's a new owner, the condition of the prior special exception required that every new owner reapply for the approval, so that's why we're here. However, traditionally, this venue has always operated as a 5 a.m. establishment and very successfully. The Planning Department is recommending approval of the application, and the Zoning Board also moved to approve the application, but it was a 3/3 tie vote, which failed, so we're here appealing that 3/3 tie vote. Grass is a unique outdoor eating establishment in the tradition of Tobacco Road, the Big Fish, Barton G's, and Monty Trainer's. It's more of a restaurant than really any of these other uses, we think, and really, its success is a testament to the fact that Miamians and the public here in Miami really enjoys outdoor eating establishments. All of these types of restaurants that I've referenced are extremely successful and have been around for years. Late -night entertainment has specifically always been an important aspect of the Design District. In the '80s, there was one of the first progressive clubs -- dance clubs in the City, Fire and Ice, very famous. Ten -- about ten years ago, Power Studios was a very famous artsy club that opened in that district. All of these were late -night venues. I'll get right to the point with this because I know it's been continued a few times. Basically, today the club has the ability to open until 3 a.m., and it is not required to provide any parking because there's been an amendment to the Code, under SD-8, that is right here, which provides that any use or adaptive reuse within the SD-8 zoning district does not need to provide parking, whether or not the property undergoes an adaptive reuse, the parking characteristics shall be permitted, which essentially means that this restaurant doesn't have to provide parking. What we're in support -- what we're suggesting to you today is that approve our special exception until 5 a.m. You're going to hear from area residents that there have been prior problems with this club; that there has been noise emanating from it; that they've had to call the police on occasion to close them down; that there's been garbage in the area. We suggest to you that this is not the only lounge in the Design District. There are other similar lounges in the Design District, and that there should be a manner to control the operation of these types of establishments, and still, you know, allow them to exist and coexist with the surrounding area, so what we're suggesting is three conditions that could be made part of the special exception. The first is that the outdoor sound shall be maintained at ambient levels, in strict compliance with the City ofMiami Code, and we can do that because unlike the first club, we have an indoor component that we have in permitting right now that we're about to get our final sign -off for so that most of the high-energy sound can be imported into the inside interior areas; the outdoor eating area is leftfor ambient, more tranquil type of dining and entertainment. The second condition is that we agree to provide a valet service and a lease agreement that will be maintained with a valet provider for a minimum of 70 cars. This is something we're not required to do. As I said, the current zoning in the current club can remain open until 3 a.m., as it's built -out today, and they don't have to provide any parking, so this would be something that would go a long way towards controlling any potential overspill of parking into residential areas, and then the third thing, since we heard about some complaints about garbage in the area, we will contract with a private service to pick up garbage from the surrounding two -block radius prior to closing on weekends because weekends are the only times that this club is really going to remain open until 5 a.m. During the weekdays, they may not even be open every weekday, so we will submit that as part of an operation plan that I can distribute to you, and I think that by providing these conditions, we will be mitigating any potential impact of this nightclub in the area. I want to give you that operation plan and also give you letters of support from the business owners along 40th Street, in the Design District, that support this application, and that recognize the value of having a -- this type of entertainment venue in the Design District. It brings people into the area that otherwise wouldn't know about it. I can tell you the first time that I went to the Design District, it's because I went there to go to one of the entertainment establishments when I was much younger. I wouldn't -- I have no reason to go there. You go there. You walk around the streets and you realize there are some nice things here. Someday, when I can afford them, maybe I'll go back to buy them, but you know, many people get introduced to this area that way, and I think that it's City ofMiami Page 172 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 important to maintain this type of use to bring people into the area. Really, that's -- I think that's our presentation. We'll reserve time for rebuttal, but that's our presentation. Thank you. Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: All right. Yes, ma'am. Commissioner Spence -Jones: I don't know if there's -- anybody have --? Evelyn Andre: Good afternoon. My name is Evelyn Andre, Buena Vista Heights. I live in the area with this establishment. We met with Mazi Soofi earlier on this month, and brought up several issues that he now has addressed in front of you guys. What we wanted from this establishment is like a six-month, I would say, a period where we can see whether or not they would be a nuisance in our area. We wanted to give them a chance, actually, because they seem to want to address all of our concerns as far as the trash and the noise. The only thing we do not agree, though, is the time frame, 5 o'clock in the morning. I don't think he addressed that here, but I think they wanted to open a couple of nights till 5, and that's the only thing we have an issue with. We don't want people roaming in the neighborhood at 5 o'clock in the morning. The sun rises at 6, so you know, but other than that, if they have like a six-month grace period where we can come back if there's any issues that we have, we wouldn't mind having this establishment in our area. Thank you. Chairman Gonzalez: Thank you. I believe that could be a solution. Vice Chairman Sanchez: There it is. Commissioner Spence -Jones: Well -- Chairman Gonzalez: What you call it, you know, test -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- period of six months or whatever -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- see how it works out. Yes, ma'am. Nina West: Nina West. I'm a property owner at 175 Northeast 43rd Street. I can tell you that you can hear the noise if the wind blows a certain way, regardless of how far away this place is. The operation plan, I don't think you can actually tie that to the variance unless there is some way, legally, I'd like to know that, because if you could tie that -- also, he said they would fry to keep most of the high-energy noise inside the club and that they would probably have ambient noise. Now, first of all, I don't know how many people are serving a lot offood between 3 and 5 in the morning, and I don't know how many people want to eat a lot offood between 3 and 5 in the morning, that's one thing, but this is mostly a restaurant, is what I hear. The second thing is that this group, we have asked them for decibel limits. They have this fancy system; cost millions of dollars. It's the most up -to -the -date, up-to-the-minute system, and they tell us that they can tune this music to within the decibel of this and that, but they won't agree to a decibel level, so I think, if you are going to grant these people a 5 o'clock license, that you should not give it to them for more than six months, and then come back and we'll see what the community has to say, because even if you lease a place, the state of Florida says you have the right to quiet enjoyment of your home. That's what the state of Florida tells you in any lease. Why is it that the property owner, who is paying these taxes, is not entitled to the quiet of enjoyment of his home? And they haven't even asked for up to 3 o'clock in the morning; they're asking between 3 and 5 in the City ofMiami Page 173 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 morning, so I think can you -- if you could grant a temporary time frame to this without actually granting the variance that they want because the variance will go with the land, then I think that they might be able to have that, and we'll see how they go, butt wouldn't -- I certainly would not, especially since they have all this expensive equipment, without them agreeing to a decibel level, I certainly wouldn't give them -- Chairman Gonzalez: Thank you very much. Ms. West: -- the expansion. Chairman Gonzalez: Thank you very much. Mr. B. Fernandez: Very briefly. Chairman Gonzalez: Anyone else? All right. Mr. B. Fernandez: Very briefly, Mr. Chair. First of all, we are tying ourselves to conditions by this special exception. This is not a variance. This can be conditioned. It is a conditional use under the SD-8 zoning district, which means that you, as a board, have the ability to craft the appropriate conditions to ensure that it's suitable with the surrounding area. That's particularly what this application is for. If you don't come up with conditions, then, perhaps, you would be remiss because that's the whole purpose of the application. Our proposed condition is more strict than any decibel level condition, because if you read what the City Code requires, it -- whether it's enforced or not is another issue, but what we're offering you is the ability to enforce this via a resolution, which would be independent from any Code enforcement proceeding, and what your City Code says is that at a hundred feet, you can -- you -- the sounds cannot be audible, so it's a very strict test, and any of your Code Enforcement officers are very familiar with it, and we're willing to subject ourselves to it. We have to do it anyway. We're just giving you an alternative vehicle for enforcing this provision. Lourdes Slazyk (Zoning Administrator): Right. As a condition to a resolution, if they violate the condition, in addition to Code Enforcement, the City Commission could actually revoke their special exception, so -- Chairman Gonzalez: We can revoke -- Ms. Slazyk: -- by -- yeah, by offering it as a condition here, not just enforcing the City Code, it gives you much more teeth for enforcement if they violate it. Commissioner Spence -Jones: But Lourdes -- Chairman Gonzalez: That was going to be my question. Ms. Slazyk: Yeah. Chairman Gonzalez: You know, yeah, we are -- we give the permission, but then are we allowed to revoke --? Ms. Slazyk: If there's a violation, the Planning director can bring this item back to you and you revoke the special exception you granted. Chairman Gonzalez: All right. Well -- Commissioner Spence -Jones: But, Lourdes, you mentioned something about Code enforcement. I mean, like, when -- I mean, they -- City ofMiami Page 174 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Ms. Slazyk: The City -- Commissioner Spence -Jones: -- would have to come from a complaint -- clearly couldn't be a Code Enforcement officers going there because they're not going to go there 5 o'clock in the morning. Chairman Gonzalez: No, they're not. Ms. Slazyk: Well -- Commissioner Spence -Jones: They don't work -- Ms. Slazyk: They're -- Commissioner Spence -Jones: -- but I -- Ms. Slazyk: Yeah, but a Code enforcement process is a lot longer than a revocation by the City Commission for violation of conditions. That was my point. Commissioner Spence -Jones: OK. Mr. Chairman, I'm ready to -- I mean, I don't know -- Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: -- if we -- are we finished? Mr. B. Fernandez: That's -- I'm finished. Thank you. Commissioner Spence -Jones: So, comes back to the -- Chairman Gonzalez: All right. Commissioner Spence -Jones: All right. First of all, I want to commend both groups, actually, coming together to sit down and come up with some resolutions. I believe, in our last discussion, or our last Commission meeting, I had asked for the neighborhood association and the group -- I can't see the young man's face here. If you can pull the board down. Mr. B. Fernandez: Mazi Soofi. Commissioner Spence -Jones: Right -- to actually sit down and work something out, so I'm glad that, at least, there was some sort of resolution, and that you did make the necessary steps to talk to Buena Vista East Height and West regarding the issue. My concern -- I have been to Grass several times when it was Grass, district right across the street. I think the difference probably between Grass and other surrounding facilities that might be there is that your area is an exposed area, meaning the sea, unless you're -- you plan on closing everything all in, it's kind of like an open area, correct? Mr. Soofi: Correct. Commissioner Spence -Jones: So unlike any other club, you know, that would be enclosed, you know, you probably wouldn't hear as much sound as you would hear in an open-air environment, but -- that is correct, right? Mr. Soofi: What -- just to be detailed about it. There is a massive tiki hut which covers the majority of the -- City ofMiami Page 175 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Priscilla A. Thompson (City Clerk): I'm sorry. We can't record -- Mr. Soofi: I'm sorry. Ms. Thompson: -- unless you're on the mike. Mr. Soofi: There's a massive tiki hut that it compromises 2,000 square feet of the space; 1,200 square feet is compromised by the bathroom and the kitchen -- Commissioner Spence -Jones: Yeah. Mr. Soofi: -- and then the total property is 5,000, so you basically have only about 2,000 square foot actually exposed to -- Commissioner Spence -Jones: Yeah. Mr. Soofi: -- open air. Commissioner Spence -Jones: But -- Mr. Soofi: Just to be -- Commissioner Spence -Jones: -- I'm telling you, I've been there -- Mr. Soofi: But it is open. Yes, it is. Commissioner Spence -Jones: -- and I've been there 2 o'clock in the morning, so I know thatl can hear it on the outside -- Mr. Soofi: It is, it is. Commissioner Spence -Jones: -- so I just want to make sure that we're clear on that. Mr. Soofi: Hundred percent. Commissioner Spence -Jones: My concern, more so than anything else, and I don't want to belabor the issue, is -- I -- Nina's comment regarding the sound levels, and you know, at 5 o'clock in the morning, right across the street, Buena Vista Heights, I'm sure they're going to be able to hear it when there's no other sound anywhere else but that, so my question is, are we --? I want to be very clear with my City Attorney. Can we grant this based upon it being at a certain decimal [sic] level? What would be your recommendation on us granting the special exception? Can it be based upon that? I'm seeing Mariano shake his head, so -- Maria J. Chiaro (Assistant City Attorney): The City Code talks about an audible level at a hundred feet. You can grant this so that the sound is not audible. That means you can't hear it past 100 feet. Commissioner Spence -Jones: OK, so is that what -- Mr. B. Fernandez: That's exact -- Commissioner Spence -Jones: -- you're proffering? Mr. B. Fernandez: -- exactly what we're proffering, as a suggested condition. City ofMiami Page 176 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Spence -Jones: OK, so can I also proffer as a part of that or have them proffer as a part of that that in -- within the six months, which I believe the neighborhood association has agreed, that if that has not changed or if the sound is a problem, then it can be brought back for us to address it then? Can we do that, Ms. City Attorney? Ms. Chiaro: Yes. Commissioner Spence -Jones: OK. Ms. Chiaro: You can -- Mr. B. Fernandez: Yes. Ms. Chiaro: -- have a review within six months. Commissioner Spence -Jones: OK. Are we --? Mr. B. Fernandez: We are -- Commissioner Spence -Jones: On both sides, they're comfortable with that? Mr. B. Fernandez: We're amenable to that. Yes, we are. Commissioner Spence -Jones: OK, and the last issue, I believe, that came up from the group was the fact that is the people roaming at 5 o'clock in the morning, which is a concern. My question then comes to the club owner. Are you going to have, at least, security, extra security in the -- during that particular time to prevent people from hanging out and loitering in the area? Mr. Soofi: We -- it's part of the operations plan, and we've always had uniform police officers and security staff. Commissioner Spence -Jones: I just want to -- I'm having you put on the record, so -- Mr. Soofi: Hundred percent. Commissioner Spence -Jones: -- I just want to make sure my groups hear that, so they will have a security plan put in place, so with that, Mr. Chairman, I will go head [sic] and grant the special exception, with those terms. Chairman Gonzalez: All right. We have a motion to grant the appeal, right? Mr. B. Fernandez: Correct. Chairman Gonzalez: Is there a second? Commissioner Sarnoff Can I put a friendly amendment to that? Commissioner Spence -Jones: OK. Commissioner Sarnoff If the facade of this building is all wall and if -- we're going to improve that neighborhood a little bit, maybe one of the things we could do is put a window in there, and I've kind of drawn one. Unidentified Speaker: (UNINTELLIGIBLE) roof. City ofMiami Page 177 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Spence -Jones: Huh? They don't have a roof. Yeah, I know. Unidentified Speaker: There's no roof. Commissioner Spence -Jones: That what he was saying, yeah, the tiki. Commissioner Sarnoff No, I'm not on the tiki. Commissioner Spence -Jones: You got pictures of it, Marc? Commissioner Sarnoff Yeah. Commissioner Spence -Jones: You were partying over there? Commissioner Sarnoff It wasn't me partying. It was my brother, Juan. No. Vice Chairman Sanchez: Who looks just like you. Commissioner Sarnoff Just looks just like me, right. Tomorrow I'm going to Space, so I want to -- I'm going to make sure all these places are -- Chairman Gonzalez: You're going to Space tomorrow? Commissioner Sarnoff Yeah. Chairman Gonzalez: Oh, my God. Commissioner Sarnoff I want to make sure all these places are -- Chairman Gonzalez: Be careful. Commissioner Spence -Jones: Can you pass it down for me to take a look? Commissioner Sarnoff Yeah. Commissioner Spence -Jones: He's proffering that you put a window. Mr. Soofi: As far as the window, we do need to get a special Class II Permit to do any facade change in the Design District, number one. Number two, we realize the space really wasn't that attractive initially. We have a -- plants are on top that's got jasmine running that entire length that you see, and there's going to be jasmine flowing off of the top of the roofline down all the way to the ground where we're going to position it, so it's going to have a nice vegetative effect, which will tie into the inside -- Commissioner Sarnoff OK. Commissioner Spence -Jones: Yeah. Mr. Soofi: -- but we agree with you that, at this point -- Commissioner Sarnoff I just didn't -- just so you understand, I just didn't want to see an entire building of just a blank wall -- Commissioner Spence -Jones: Yeah. City ofMiami Page 178 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Mr. Soofi: Completely. Commissioner Sarnoff -- and if we're -- Commissioner Spence -Jones: I think it kind of goes -- it went with their motif at that particular time, I'm almost sure, right? Mr. Soofi: Right, and now it's a -- Commissioner Spence -Jones: It was that whole allure of it all. Mr. Soofi: Right. It's more open policy, but as far as the plant life's going to come down and really, on the inside of that parameter it's all landscaped, so you really wouldn't be able to see beyond the -- Commissioner Sarnoff I stand corrected. Mr. Soofi: -- yeah, that's the -- Chairman Gonzalez: All right. Mr. Soofi: -- that's just an example of what's on the inside. Chairman Gonzalez: So we have a motion. Is there a second on that motion? Vice Chairman Sanchez: There's a second, as amended. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Ms. Chiaro: And that is a motion to grant the appeal. Chairman Gonzalez: To grant the appeal. Vice Chairman Sanchez: To grant. PZ.26 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 NORTHEAST 4TH AVENUE AND 368 NORTHEAST 57TH STREET, MIAMI, FLORIDA. City ofMiami Page 179 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 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 05-00076x Neighborhood Meeting Letter from Applicant with Supporting Docs.PDF 05-00076x CC Fact Sheet 04-26-07.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 Sarnoff and was passed unanimously, to continue item PZ.26 to the Commission meeting currently scheduled forApril26, 2007. Chairman Gonzalez: All right. PZ.26 is another appeal. Vice Chairman Sanchez: No, no, no. Which one? Commissioner Spence -Jones: I think we did 20 -- Chairman Gonzalez: That's -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: I believe that's -- has to do with the parking requirement, right? City ofMiami Page 180 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Spence -Jones: Yeah, and ifI can -- Chairman Gonzalez: The parking reduction. Commissioner Spence -Jones: -- can I -- if you don't mind, Mr. Chairman, I'm not really sure if we've made any headway at all on this issue. If we have to defer it, we can, because I do have a hearing at Miami -Dade County at -- in five minutes, but -- Chairman Gonzalez: OK. Commissioner Spence -Jones: -- if it can be put, at least, something on the record between either/or, because my issue was having enough parking. If the parking issue has been resolved, or if we're going to be arguing back and forth on not having enough parking, then I would rather defer it. Have we -- do we have any resolution on the parking? Tony Recio: In terms of resolution, Commissioner, our position from day one has been that we don't -- the reason we're asking for this is because we don't need the extra parking. It's excess parking, but in terms of a resolution, we've contact -- Priscilla A. Thompson (City Clerk): Excuse me? Commissioner Spence -Jones: Yeah, but my -- Ms. Thompson: Excuse me. Commissioner Spence -Jones: I'm sorry. Ms. Thompson: I need a name for the record. Mr. Recio: I'm sorry. Tony Recio, law office at 2525 Ponce [sic] Boulevard. We've contacted all of our neighboring property owners along 4th Avenue -- Commissioner Spence -Jones: Yeah. Mr. Recio: We sent letters -- two letters, in fact, March 1 and March 16, and I have those letters to submit into the record. Those included Florida East Coast Railroad, which is right across the street from us. We've made several phone calls to Corradino Group, but we haven't -- to date, we don't have anything. Commissioner Spence -Jones: OK. Look, can -- Mr. Chairman, I don't want to belabor the situation, because I do see some of -- ma'am, I do see some of the residents within my district. I see them loud -- very clearly. Chairman Gonzalez: What would --? Commissioner Spence -Jones: This is my suggestion on the issue. I'm not going to get around the issue of you needing more parking. That's not going to go anywhere because -- Mr. Recio: I understood. Commissioner Spence -Jones: -- these people will be affected. People will be parking in front of their houses in Little Haiti. That's -- we might as well just admit that's what's going to happen. If you have low-income rentals happening there, they're going to have family members, they're going to have friends; if you don't have enough parking in the building, they're going to line on those little bitty sfreets that are next to this park -- I've ridden back and forth on the sfreets over City ofMiami Page 181 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 the last week and I know how I feel about it. It's not going to change. My suggestion -- again, you mentioned FEC (Florida East Coast) Railroad, you know, there is a need for parking that's happening. I believe Soyka's is looking at frying to do some expansion on the opposite side, on the 4th Avenue side. I would ask for us to defer this item because at this point, I'm really not ready to really address it, and I want to give you all my time, and I'm not going to say yes to this group because -- Mr. Recio: Understood. Commissioner Spence -Jones: -- at this point, I'll be honestly saying no, OK, so at this point, if my residents don't mind, I'd like to defer this item. I do have a hearing that's taking place at Miami -- Chairman Gonzalez: So you -- Commissioner Spence -Jones: -- Dade County that I really need to be at. Chairman Gonzalez: -- you're deferring 26 and 27, right? Commissioner Spence -Jones: Well, I have these people also -- 27 is also here, too, so I don't know if they came up with any resolutions, but at this time, I would prefer to defer the current item. Chairman Gonzalez: OK, so we need a motion. Marlene Schimmel: Excuse me. Chairman Gonzalez: We -- Gilberto Pastoriza: I'm on the next. Ms. Schimmel: Can I say something? Excuse me. Commissioner Spence -Jones: Sure. Ms. Schimmel: Because -- Chairman Gonzalez: Just a second, please. Ms. Schimmel: -- all -- I have a whole -- Chairman Gonzalez: Just a second, please. Ms. Schimmel: -- of residents from the street --remember, last time I came by myself -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: Yes. Ms. Schimmel: -- that took off from work to be here -- Commissioner Spence -Jones: Yes. Ms. Schimmel: -- and it's really hard for everybody to come -- City ofMiami Page 182 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Chairman Gonzalez: Ma'am -- Ms. Schimmel: -- when it's deferred again and again. Chairman Gonzalez: -- you're here for 27, right? Ms. Schimmel: Yeah, but they also -- Chairman Gonzalez: OK. Let me finish with 26 and then we'll take care of you. Commissioner Spence -Jones: No. This is 26. Unidentified Speaker: 26. Ms. Schimmel: This is 26. Chairman Gonzalez: All right. We have a motion to defer PZ.26. Is there a second? Commissioner Regalado: PZ.26? Chairman Gonzalez: PZ.26. Commissioner Sarnoff Second. Commissioner Regalado: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: PZ.26 has been deferred. Lourdes Slazyk (Zoning Administrator): A date. Ana Gelabert-Sanchez (Director, Planning): Is the date Ap --? Commissioner Spence -Jones: OK. Let me just speak to my residents -- Chairman Gonzalez: Pardon me? Commissioner Spence -Jones: -- so we're clear. Ms. Gelabert-Sanchez: What meeting in April? What date? Chairman Gonzalez: What date? Commissioner Spence -Jones: The very next one. The very next one. Ms. Slazyk: April PZ (Planning and Zoning)? Commissioner Spence -Jones: April PZ. Chairman Gonzalez: April PZ. Commissioner Spence -Jones: So -- what's your name, ma'am? City ofMiami Page 183 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Ms. Schimmel: I'm Marlene. Commissioner Spence -Jones: Marlene [sic], I really appreciate you bringing the residents out. I just want them to be very clear. I have the same concerns that you have. I know for a fact that if a building goes there and we don't have alternative parking, they are going to be in front of your house, but I also have another dilemma, and that is I do need affordable housing in my disfrict, and this project has won tax credits in order for me to have low-income rentals in the disfrict, and I really need it, so I have to find a balance between both. I cannot figure this all out in five minutes, so I'm asking that we come back in April, OK. Mr. Recio: Thank you. PZ.27 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 06-01066x CC Fact Sheet 04-26-07.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 City ofMiami Page 184 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 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 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 Sarnoff and was passed unanimously, to continue item PZ.27 to the Commission meeting currently scheduled forApril26, 2007. Chairman Gonzalez: All right. We also have a motion to defer PZ.27 for April's meeting. Is there a second on the motion? Commissioner Spence -Jones: I just need to see whether or not the group is -- who's the other group that's opposing the 27? Oh. Louise Caro: Right here. Louise Caro. Yes. Since you have to go, we would prefer to defer it anyway. We have been talking. We have not come to a resolution, but we are still talking, I mean, literally, right now, so -- Commissioner Spence -Jones: OK. Well, I'm glad y'all talking. Gilberto Pastoriza: First meeting in April. Commissioner Spence -Jones: I don't know if it could be a first meeting in April because it's -- oh, you mean the Planning meeting -- I mean, the Planning -- the PZ (Planning & Zoning) meeting in April? Chairman Gonzalez: In April. Commissioner Spence -Jones: Right, not the -- it's not the first meeting in April. Chairman Gonzalez: No. It's the second meeting in April. Commissioner Spence -Jones: It's the second meeting in April. Is that an issue? Mr. Pastoriza: No. We're OK. Ms. Caro: We're OK. Mr. Pastoriza: We're OK. Commissioner Spence -Jones: OK, and then let me just say, is there any way this group --? What's your name, ma'am? What's your name? Miguel Simisterra: Marlene. City ofMiami Page 185 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Marlene Schimmel: This is Miguel. Commissioner Spence -Jones: Miguel. Mr. Simisterra: Miguel. My name is Miguel. I prefer to speak Spanish. Priscilla A. Thompson (City Clerk): I'm sorry. We cannot record if -- Commissioner Spence -Jones: Yeah. Ms. Thompson: -- you're not on the microphone -- Chairman Gonzalez: Yeah, you need to speak on the mike. Ms. Thompson: -- and I need your name, please. Chairman Gonzalez: We need -- sir, sir, sir -- Mr. Simisterra: My -- Chairman Gonzalez: -- sir, we need your name and address for the record -- Commissioner Spence -Jones: He needs you to speak -- say it in Spanish -- Chairman Gonzalez: -- before you start speaking. Commissioner Spence -Jones: -- he said. Mr. Simisterra: My name is Miguel Simisterra. Chairman Gonzalez: OK. Mr. Simisterra: I live at 344 Northeast 56th Street. Chairman Gonzalez: OK. You got that? Ms. Thompson: Yes, sir. Chairman Gonzalez: All right. Go ahead, sir. Mr. Simisterra: OK. Such a meeting that these people -- that they sent some letter -- they send one letter, and well, the meeting was so fast -- we all working. They making a meeting in a time that it was almost impossible for us to go, like this time. We miss -- some people miss work to come here, and I really -- we appreciate that they make a building there to better the neighborhood, but what we don't accept that they make the building, don't make enough parking space -- Commissioner Spence -Jones: Right. Mr. Simisterra: -- in the premises. Commissioner Spence -Jones: OK. Mr. Simisterra: We want our neighborhood to be better. City ofMiami Page 186 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 Commissioner Spence -Jones: Yes. Mr. Simisterra: You are our Commissioner. Commissioner Spence -Jones: Yes. Mr. Simisterra: We would like that you fix our road, make some size, and make it better. Commissioner Spence -Jones: Yes. Mr. Simisterra: We own those places, we want to be live better. We have fight very hard against the crime there. Commissioner Spence -Jones: Yes. Mr. Simisterra: We call the police. We are -- we say whatever is going wrong. The neighborhood is better. A lot of people is living in there. It's working and decent people, so that neighborhood change. Commissioner Spence -Jones: Right. Mr. Simisterra: So if they make that building, we really appreciate that building, but we want it -- the parking space be in the premises. Commissioner Spence -Jones: OK. Mr. Miguel, thank you so much for putting your comments on the record, and that's the reason why I'm not voting on the item today because I really want to make sure that we resolve the issue of parking so it doesn't become a burden for you, OK Mr. Simisterra: Thank you very much. Commissioner Spence -Jones: Already, and I really appreciate -- what's your name, again? I -- young lady. Ms. Schimmel: Merlene. Commissioner Spence -Jones: Thank you for bringing them back. I really appreciate it. We're going to work through it, and if you can, I'd like to, at least, direct you to, at least, see if you guys can somewhat sit down and work along with them to figure out what's going to happen. Am I not doing -- am I doing something wrong again? Jorge L. Fernandez (City Attorney): No, not at all. Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. We have a motion to defer PZ.27. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Mr. Pastoriza: Thank you. Chairman Gonzalez: OK. City ofMiami Page 187 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 NA.1 07-00442 Mr. Pastoriza: Good night. Chairman Gonzalez: Good night. PZ 26 and 27 have been defer. DISCUSSION ITEM DISCUSSION REGARDING THE NOISE ORDINANCE FOR THE ENTERTAINMENT DISTRICT. 07-00442 Submittal Letter.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Attorney and the Administration to draft an alternative noise ordinance for the Entertainment District that would necessitate stringent regulations for the manner in which music is played and that more rigid Maintenance Operation Agreements (MOAs) be established for anyone endeavoring to do business in the Entertainment Disfrict. Commissioner Sarnoff Mr. Chairman, can I -- Chairman Gonzalez: It's 10:22. Commissioner Sarnoff -- beg your indulgence for --? Chairman Gonzalez: Yes, sir. Commissioner Sarnoff I was going to ask this as a pocket item, but it's -- I'll be very brief. It's - Chairman Gonzalez: Go ahead. Commissioner Sarnoff -- just on noise. For those of you that may have not have heard or have heard, there's been a noise issue going on in the neighborhood that's affecting the eastern part of what would call the -- Vice Chairman Sanchez: Is that on the agenda? Commissioner Sarnoff -- that's a noise problem from the Entertainment District that has been going on and is affecting Venetia, you know, plaza, the whole Venetian Causeway area, and what I'm going to ask the City Attorney to do is to consider drafting -- and this should be by ordinance so we can look at it, not today, but I'm going to ask that you draft some ordinances for the future of anybody coming in and seeking to go into the Entertainment District that there be some tight regulations placed on them in terms of the manner in which they play their music. I'm also going to ask you that if there is a change of ownership -- because I understand a lot of these clubs are grandfathered in, but I'd like to be able to restrict the ability of new places to come in and require some tough, I call them, maintenance agreements, but they're really operations agreements, so that we don't have to say we don't have enough Code Enforcement officers, or we can't find somebody -- and this happens at 4 or 5 in the morning, 3 in the morning, 2 in the morning. Let's be proactive and see if we can change the ordinance on noise, change the ordinance in the Entertainment Disfrict, so that we can proactively prevent any further erosion of what we have now. Go ahead, Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. I appreciate the direction being given to the City Attorney, butt would be remiss ifI didn't remind you that it should also go to the City Administration because Code enforcement and zoning types of issues and all of that really emanate from him. They would be giving us all the technical information and all the idea, and of City ofMiami Page 188 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 NA.2 07-00412 District 4- Commissioner Tomas Regalado course, we'll help him put it in legally correct form, but you know, we don't have the jurisdiction to -- Commissioner Sarnoff My apologies. Mr. Fernandez: OK. Pedro G. Hernandez (City Manager): IfI may, it is understood, and we'll have the appropriate departments, Code Enforcement, Police, Zoning, et cetera, work with the City Attorney to develop the -- what we feel should be the proper ordinance to bring forward. Commissioner Sarnoff Because I -- the only comment I'll make, and I'll yield to my colleague, is that as we -- The Entertainment Disfrict was a creation that was probably a fine idea years ago, but as we start to encroach upon it, (UNINTELLIGIBLE) our building and some of our expensive buildings and condominiums, this is an issue that's going to continue to get worse, worse, and worse, and all I'm suggesting is let's close the gate now, and as the ownerships change or the operations change, maybe we can clamp down some on the noise that we created as a board many, many years ago because we created this entertainment district for very laudable reasons, but there's always going to be that -- you know, right now, as -- in two years, there's going to be a lot of people living right next to that district, and both should fry to coexist as best they can. Vice Chairman Sanchez: Just to elaborate on that. The transition in downtown, whether it's today or five years from now, it's going to be a tremendous change in downtown, and we all know it. Bayfront Park, we went through that when the first developments got there. As development comes in, you know, you can't have those loud parties, as we did, and we were able to sit down with the residents, and we were able to have public meetings, and really, we came to an agreement where we made minor changes, where speakers were put out to the bay, and you know, we down -- we created new ordinances that, at the end, everyone walked away from the table happy with the results. That is an issue that we need to address, as downtown continues to develop, not only to create ordinances to fine-tune the Entertainment Disfrict, but also on a short-term and a long-term in downtown, and I also think that the residents should be included in that whole process, as you know, once again, downtown continues to change on a daily basis. Commissioner Sarnoff Thank you, Mr. Chairman, and -- Chairman Gonzalez: All right. Commissioner Sarnoff -- I apologize for bringing -- Chairman Gonzalez: All right. You're welcome. All right. It's 10:26. Can we get the public hearings, or we have to wait until -- Vice Chairman Sanchez: 10:30. Chairman Gonzalez: -- 10:30? Priscilla A. Thompson (City Clerk): 10:30. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $500 EACH, TO LINO FERRER PRODUCTIONS FOR THE "MIAMI LIFE AWARDS" AND TO CONCHA VALDES-MIRANDA FOR THE "VICKY ROIG AND CONCHA VALDES MIRANDA IN CONCERT," TO CO-SPONSOR THEIR EVENTS TO BE HELD AT THE MANUEL ARTIME THEATER; ALLOCATING FUNDS IN City ofMiami Page 189 Printed on 4/20/2007 City Commission Meeting Minutes March 22, 2007 THE AMOUNT OF $1000 FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE 00001.980000.548000. 07-00412 Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Motion to Adjourn R-07-0168 Commissioner Regalado: I have a pocket item, if you want to -- Chairman Gonzalez: You have a pocket item? OK. Let's take the pocket items now, and that way -- Commissioner Regalado: It's -- Chairman Gonzalez: -- we use the time. Commissioner Regalado: -- related to the special events account from District 4. It's a resolution of the Miami City Commission authorizing the allocation of fund, in an amount not to exceed $500 each, to Miami Life Awards in Manuel Artime, and to Concha Valdes Miranda and Vicky Roig in concert at the Manuel Artime, to cosponsor their events, to be held at the Manuel Artime Theater; allocating funds in the amount of $1, 000 from District 4 special events nondepartmental account code. So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Commissioner Regalado: That's it. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Spence -Jones absent, to adjourn today's meeting. City ofMiami Page 190 Printed on 4/20/2007