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HomeMy WebLinkAboutCC 2007-04-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 26, 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 April 26, 2007 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS SR - SECOND READING ORDINANCES RE - RESOLUTIONS 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 ofMiami Page 2 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 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 26th day of April 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: 28 a.m., recessed at 12: 00 p.m., reconvened at 2: 58 p.m., and adjourned at 9: 25 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: Good morning, ladies and gentlemen. Welcome to the April 26, 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 Commissioner Sanchez -- Vice Chairman Sanchez and the pledge of allegiance by Commissioner Regalado. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS 1. Mayor Diaz presented a Salute and a City Plate to David Whitaker for the outstanding work he has completed for the City ofMiami in the tourism market through the Greater Miami Convention and Visitors Bureau for the past 17 years. 2. Mayor Diaz presented a Proclamation to Jorge L. Fernandez in recognition of his 25 years in government service in the state of Florida, declaring April 26, 2007 'Jorge L. Fernandez Day" in the City ofMiami. Chairman Gonzalez: We have protocol -- we have a salute to be presented by the Mayor and also a proclamation. Mr. Mayor, you're recognized. Presentations made. MAYORAL VETOES NO MAYORAL VETOES Chairman Gonzalez: At this point, we don't have any vetoes from the Mayor's office? Priscilla A. Thompson (City Clerk): That is correct. Chairman Gonzalez: Let the record -- Ms. Thompson: There are no mayoral vetoes. Chairman Gonzalez: -- reflect that. APPROVING THE MINUTES OF THE FOLLOWING MEETING: City ofMiami Page 3 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 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 ORDER OF THE DAY Chairman Gonzalez: We need to approve the minutes of the agenda of March 22, 2007. Vice Chairman Sanchez: So move, Mr. Chair. Chairman Gonzalez: We have a -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Chairman Gonzalez: Now we will begin the regular meeting portion of today's agenda, and the City Attorney will state the procedure to be followed during this meeting. Jorge L. Fernandez (City Attorney): Certainly, Mr. Chair. Members of the public, any person who's a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The materials in connection with each item appearing on the agenda is available for inspection during business hour 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 a veto by a four fifth vote. Any person or entity requesting approval, relief or other action from the City Commission concerning any issue, shall disclose in writing, at the commencement or continuance of the hearing on the issues 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; to whom the consideration has been provided or committed; the nature of the consideration, and 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 the 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 sounds 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 Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the chamber shall do so quietly. Persons may address the City Commission on items appearing on the 'public hearing" portions of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as possible of the desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will 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 and the same will be provided. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will either -- will end either at the conclusion of deliberation of City ofMiami Page 4 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 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, which will begin -- will begin after 10 a.m., andl also understand that the City Manager wants to announce that public appearance or PA.1, as well as the Mayor's item, M.1, have been continued to the May 24 meeting; is that correct, Mr. Manager? Pedro G. Hernandez (City Manager): Yes, it is. Mr. Fernandez: Mr. Chairman. Chairman Gonzalez: Thank you, Mr. City Attorney. CONSENT AGENDA CA.1 07-00501 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED MARCH 21, 2007, PURSUANT TO INVITATION FOR BIDS NO. 16012, FROM GREATER MIAMI CATERERS, INC., THE ONLY RESPONSIVE AND RESPONSIBLE BID, FOR THE PROVISION OF A CHILD CARE FOOD PROGRAM, ON AN AS -NEEDED CONTRACT BASIS, 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 BUDGETARY APPROVAL AT THE TIME OF NEED. 07-00501 Legislation.pdf 07-00501 Summary Form.pdf 07-00501 Approval Form.pdf 07-00501 Tabulation of Bids.pdf 07-00501 Bid Security List.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0233 CA.2 07-00502 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), CONTINGENT UPON THE APPROVAL BY THE FLORIDA Recreation DEPARTMENT OF EDUCATION ("FDOE") OF THE CITY'S GRANT APPLICATION, ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2007," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN AN AMOUNT NOT TO EXCEED $573,894, CONSISTING OF A REIMBURSEMENT GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA") THROUGH FDOE; AUTHORIZING THE CITY MANAGER TO ACCEPT THE REIMBURSEMENT GRANT AWARD FROM FDOE OF USDA FUNDING; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SUMMER FOOD SERVICE PROGRAM FOR CHILDREN AGREEMENT, IN SUBSTANTIALLY ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS WITH FDOE TO ACCEPT SAID City ofMiami Page 5 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 CA.3 07-00503 Department of Police CA.4 07-00536 Department of Public Works REIMBURSEMENT GRANT AND TO COMPLY THEREWITH; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE SCHOOL BOARD OF MIAMI DADE COUNTY, FOR THE PROVISION OF LUNCHES AND SNACKS TO THE PARTICIPANTS OF THE CITY OF MIAMI'S 2007 SUMMER FOOD SERVICE PROGRAM, TO BE OPERATED BY THE DEPARTMENT OF PARKS AND RECREATION, FROM JUNE 4, 2007 THROUGH AUGUST 3, 2007. 07-00502 Legislation.pdf 07-00502 Exhibit 1.pdf 07-00502 Exhibit 2.pdf 07-00502 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0234 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "MIAMI POLICE COLLEGE'S INTERNATIONAL INSTITUTE FOR DEMOCRATIC POLICING" AND APPROPRIATING FUNDS, CONSISTING OF DONATIONS FROM VARIOUS PRIVATE, LOCAL, STATE AND FEDERAL SOURCES, TO HELP DEFRAY THE FACILITY OPERATIONS, FURNISHINGS, EQUIPMENT, AND TRAINING PROGRAM COSTS; AUTHORIZING THE CITY OF MIAMI ON BEHALF OF THE DEPARTMENT OF POLICE TO ACCEPT MONETARY DONATIONS TO BE DEPOSITED IN SAID FUND. 07-00503 Legislation.pdf 07-00503 Summary Form.pdf 07-00503 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0235 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION OF A PLAQUE AND A BUST, COMMEMORATING THE HEROISM OF DR. LUCIA LORENZO, APPROXIMATELY VALUED AT $30,000, FROM THE DR. LUCIA LORENZO FOUNDATION, WHICH ASSISTS CHILDREN IN MIAMI, COMMEMORATING THE HEROISM OF DR. LUCIA LORENZO, CONSISTING OF GRAY OR BLACK GRANITE MOUNTED ON A CONCRETE BASE (BUST) AND ON A BRONZE PLATE (PLAQUE), ENGRAVED WITH THE WORDS, "DR. LUCIA LORENZO WAS A PHYSICIAN WHO SAVED THE LIVES OF THOUSANDS OF CHILDREN, GOD WANTED HER BY HIS SIDE AND NOW SHE IS THE PEDIATRICIAN IN HEAVEN," TO BE LOCATED AT THE PLAZA ON SOUTH MIAMI AVENUE AND SOUTHEAST 15TH ROAD, AT THE ENTRANCE OF City ofMiami Page 6 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 THE SIMPSON PARK PROPERTY, MIAMI, FLORIDA, AT NO COST TO THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT AND ALL NECESSARY DOCUMENTS, FOR SAID PURPOSE. 07-00536 Legislation.pdf 07-00536 Summary Form.pdf 07-00536 I ette r. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0236 CA.5 07-00504 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Technology AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LICENSE, MAINTENANCE AND PRODUCT SUPPORT AGREEMENT, WITH B & L ASSOCIATES, INC., AWARDED PURSUANT TO RESOLUTION NO. 03-422, ADOPTED MAY 8, 2003, AS AMENDED BY RESOLUTION NO. 04-0292, ADOPTED MAY 6, 2004 FOR THE LICENSE AGREEMENT FOR PROPRIETARY SOFTWARE PRODUCTS, FOR THE CONTINUED RE -LICENSING, MAINTENANCE AND PRODUCT SUPPORT OF ITS PROPRIETARY SOFTWARE, FOR AN INITIAL TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR ONE (1)ADDITIONAL ONE-YEAR PERIOD, WITH LICENSE FEES NOT TO EXCEED THE AMOUNT OF $88,739, FOR THE FIRST TWO -YEARS, WITH THE THIRD YEAR COST IN THE AMOUNT NOT TO EXCEED $46,145, AND MAINTENANCE AND PRODUCT SUPPORT, IN THE AMOUNT NOT TO EXCEED $62,476 ANNUALLY, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.251000.546000.0.0, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-00504 Legislation.pdf 07-00504 Exhibit .pdf 07-00504 Summary Form.pdf 07-00504 Amendment 1.pdf 07-00504 Master Rpt.pdf 07-00504 Pre-Legislation.pdf 07-00504 License Agreement .pdf 07-00504 License Agreement 2 .pdf 07-00504 Pre -Legislation 2 .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0237 Adopted the Consent Agenda City ofMiami Page 7 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, 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: And now we move to the consent agenda. Are there any items on the consent agenda that my colleagues wants to defer, pull, continue? All right. Can I have a motion on the consent agenda? Vice Chairman Sanchez: So move -- Commissioner Sarnoff So move. Vice Chairman Sanchez: -- the consent agenda. Chairman Gonzalez: We have a motion, and we have a second on the consent agenda. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries unanimous. City ofMiami Page 8 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 PERSONAL APPEARANCE PA.1 06-02298 DISCUSSION ITEM N. JASMINE YACINTHE, PH.D DIRECTOR OF TRANSPORTATION AND PLANNING SERVICES GANNET FLEMING INC. TO ADDRESS THE COMMISSION CONCERNING AN UPDATE ON THE SOUTH FLORIDA EAST COAST CORRIDOR STUDY FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION. 06-02298 Cover E-mail.pdf 06-02298 Submittal Presentation.pdf CONTINUED City ofMiami Page 9 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 07-00439 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING ALL COUNTY AND MUNICIPAL MAYORS OF THE STATE OF FLORIDA, TO SPONSOR INDIVIDUAL LEGISLATION ADDRESSED TO THE FLORIDA LEGISLATURE TO AMEND THE EXISTING FLORIDA STATUTE, CHAPTER 556, ENTITLED "UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY," SECTION 556.105, ENTITLED "PROCEDURES," TO REQUIRE EXCAVATORS AND/OR EXCAVATING CONTRACTORS TO REMOVE INVALID UTILITY MARKINGS FROM THE RIGHTS -OF -WAY UPON COMPLETION OF EXCAVATIONS AND/OR DEMOLITION WORK; FURTHER URGING GOVERNOR CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO AMEND FLORIDA STATUTE, CHAPTER 556, SECTION 556.107, ENTITLED "VIOLATIONS," TO ESTABLISH VIOLATIONS FOR EXCAVATORS AND/OR EXCAVATING CONTRACTORS THAT DO NOT REMOVE INVALID UTILITY MARKINGS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 07-00439 Legislation.pdf CONTINUED DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-00462 DISCUSSION ITEM DISCUSSION CONCERNING REQUIRED PARKING FOR OUTDOOR RESTAURANT SEATING. 07-00462 Cover Email.pdf MOTION A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to have the City Manager research and come back to the Commission with a reasonable ordinance comparable to other surrounding cities regarding parking requirements for restaurants with outdoor seating. Chairman Gonzalez: "Personal appearance" have been continued. The Mayor's item has been continued. Commissioner Sarnoff, you're -- Commissioner Sarnoff Mr. Chairman. City ofMiami Page 10 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: -- recognized for your items. Commissioner Sarnoff D2.1 is an item concerning parking for outdoor seating in restaurants in the City ofMiami. Presently, there is no requirement for any parking spaces in the City of Miami for parking for outdoors. To give you a for instance, there is a 250-seating -- 250-seat restaurant, which predominantly, I believe, 220 of the seats will be outside, which will have 17 parking spaces available to it on Biscayne Boulevard. It seems like what we're doing is we are placing or allowing establishments to be created, and we're not factoring in how the people are going to get to the establishments, which, inevitably, means the neighborhoods bear that burden, and if we don't start creating and thinking about and legislating a need for restaurants that have outdoor seating, to require them to have parking, then they'll be parking in the neighborhood next door to yours and mine. It's not fair to the neighborhoods. It's not fair to the neighbors, and it's not in our Code. Nowhere in our Code, except for Coconut Grove, is there a requirement that you have parking for outdoor seating, and I ask you to bring this up to research it and look into it and decide if it's a one -for -one parking requirement or if it's a .75 for one parking requirement, but we need a parking requirement for restaurants so that they don't continue to use this loophole in our ordinances that does not require parking for outdoor seating. Mr. Manager, will you --? Is Orlando Toledo here? Pedro G. Hernandez (City Manager): I'm not sure, Commissioner. However, you know, this is an item that we have discussed, andl talked to Orlando on it, and he was going to look at other municipalities that have similar issues, like, for example, Miami Beach, and come up with ideas as to how we can best address that problem, whether it should be an additional parking space per table of four or whether we have -- we feel that it should be more stricter, but we'll be looking at those ordinances in place in other places in the County and coming back to you and working out something that we can bring to the Commission. Commissioner Sarnoff I see Mr. Toledo behind you. Maybe he can address me. Mr. Toledo, is there --? First off am I correct that there's no requirement for outdoor parking for restaurants in Miami? Orlando Toledo: Presently -- Orlando Toledo, senior director, Building, Planning, and Zoning. Presently, there is no requirement, except for Coconut Grove. Commissioner Sarnoff What is Coconut Grove's requirement? Mr. Toledo: Coconut Grove's requirement is that they need to pay into the trust fund, which is $15, 000 per space. Commissioner Sarnoff And the idea behind that is to then create a parking fund that would allow us to have garages that would be utilized throughout? Mr. Toledo: Yes. Commissioner Sarnoff The restaurant that I'm speaking of up in the Upper Eastside, I think it's called Balans, how many seats is the restaurant, do you know? Mr. Toledo: Don't know. If -- I could get you that information, and then come back to you. Commissioner Sarnoff OK. Can we get a double move on this because what -- you're going to see happening is you're going to see, especially in the Upper Eastside, you're going to see restaurants opening up without any requisite parking because they're going to have outdoor seating, which is a great idea in Miami, and I'm not suggesting it's not a great idea, but to suggest that the people will walk from their homes, I don't think is a fair -- I don't think it's even City ofMiami Page 11 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 true. I just don't think it's real, and you know, come May, June, July, and August, most of us get in our cars because it's our winter, as far as I'm concerned. It's not the time we really choose to walk at 4 or 5 o'clock in the afternoon to have -- to get a meal. Mr. Toledo: OK. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: IfI may. Commissioner Sarnoff, if you could put forth a motion, I would second it, to have the Administration come back with recommendations as to other cities; they may have such ordinance, because I believe that's not only a district problem, as it's getting to a point where it's almost a city problem with the growth and the establishment of new restaurants in certain districts -- Mr. Toledo: Right. Vice Chairman Sanchez: -- that is creating a problem where people are parking in people's yards or people's driveway, and I'll give you a perfect example. We have been very successful with Cultural Friday, andl invite everyone this Friday -- it's Cultural Friday on 8th Street, and that's a perfect example of not only bringing people to an area that gathers a lot of people to promote the arts and cultural aspect of it, but it's also being able to revitalize the entire area, and you have art galleries that are now wanting to put outside cafes and new restaurants that are coming in, and really, the burden falls on the neighbors that are supportive of the economic vitality, but are very concerned for the destruction of quality of life, so I would love to second you on that, to have them come back with a reasonable ordinance compared to other sectors of - - other neighboring cities so we can introduce it into law in the City. Commissioner Sarnoff Let me make the motion, then I'll have your second. 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. D2.2 07-00437 DISCUSSION ITEM DISCUSSION CONCERNING THE CREATION OF AN OPEN GREEN SPACE FUND. 07-00437 Cover Email.pdf DISCUSSED Commissioner Sarnoff Mr. Chairman, my second issue I'm bringing to you is D2.2, which is a discussion concerning our present open space fund and where we can go with it. Mr. Manager, what is presently in our green -- open space green fund now? Pedro G. Hernandez (City Manager): I'll have Mr. Toledo address it. Orlando Toledo (Senior Director, Building, Planning & Zoning): Orlando Toledo. Presently, there is a ordinance on the books that already establishes that. Miami 21 will bring other ideas into the fold, and we'll see how that goes, but as it stands right now, there is a $50 price or a City ofMiami Page 12 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 cost, per square footage, of open space that exists right now in the Zoning ordinance. Commissioner Sarnoff And how much has that $50 per square foot netted us to date? Mr. Toledo: It's about $15, 000. Commissioner Sarnoff So we have $15, 000 for the creation of an open space? Mr. Toledo: Only one project has come in to request for that waiver. Commissioner Sarnoff Well, here's my issue because Miami 21 is a long-time coming for the other districts. You know, Goody Clancy presented at its parks master plan on March 3, 2007, they recommended 60 acres of new park sites and pocket parks, and it seems like this is the fund that would pay for this, and at the rate we're going, we're never going to achieve that, so how is it that we're going to have a better or a new improved park space fund for the acquisition of parks with Miami 21? Mr. Toledo: Miami 21 will already -- as part of their requirements, will have open space requirements. In addition, when it comes down to what we have on the books right now, the impact fee ordinance is also putting in money into parks, which could be used for that same use. Commissioner Sarnoff So let me just see ifI understand this. There's a distinction and a difference presently in our Code in what's called bonuses, where the builder gets a -- can pay for or get a bonus and that goes into a certain fund? Mr. Toledo: What it does is that it -- there's a certain requirement of open space in the Code. If you can't meet those requirements, then you will ask for a Class II, and as part of that Class II, would allow you to pay into this fund, which is the $50 per square foot -- of square footage that is required that you cannot meet. Commissioner Sarnoff How old is that ordinance? How long has that been on the books? Mr. Toledo: About a year. Commissioner Sarnoff About one year, so in one year's time, we've netted one developer who could not make his open space -- Mr. Toledo: And as I -- Commissioner Sarnoff -- and by the way, just for the people here, what does that open space include? What does that mean to us? Mr. Toledo: Open space includes anything that's green. It does not include blacktop. I mean, that's the way it's described. It gives you certain requirements on what exactly it is. Blacktop is not included; plazas are included, and then green space. Commissioner Sarnoff What about mezzanines? When you go into a building and they have an open -- that is not included? Mr. Toledo: Not counted. Commissioner Sarnoff OK, so for the one year we've had this on the books, we've netted $15, 000 because all of the developers have been able to achieve their green space requirement? Mr. Toledo: Yes, as I -- and as I understand it, three or four more projects that are in the City ofMiami Page 13 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 process of coming in. Commissioner Sarnoff OK, but it's pretty obvious where we stand now, we would never be able to achieve the master plan of Goody Clancy based on how we're receiving these funds? Mr. Toledo: Under those funds, no, but it is not the only source. I mean, remember, you also have the impact fees. Commissioner Sarnoff The impact fees are the fees that they're paying out for the past two years, is it about? Mr. Toledo: About two, two and a half years, yes. Commissioner Sarnoff And those fees can be used to acquire new parking space? Mr. Toledo: Yes. Commissioner Sarnoff OK. That's all I have. Thank you. D2.3 07-00543 DISCUSSION ITEM DISCUSSION CONCERNING A PROPOSED PARK AT 1001 BRICKELL BAY DRIVE, INCLUDING PROGRESS, TIMELINE, DIVISION OF LABOR, FINANCIAL RESPONSIBILITY. 07-00543 Cover Email.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Attorney to bring back a report on the progress of the proposed park at 1001 Brickell Bay Drive at every other Commission meeting. Chairman Gonzalez: All right. Does that conclude your -- Commissioner Sarnoff No, sir. Chairman Gonzalez: -- blue pages? All right. Commissioner Sarnoff I've also asked -- there are two parks that, since I've been in office, we've talked about and being able to create. The first was, I don't know if it's 1001 Brickell or -- I think it's 1101 Brickell, and that was the Brickell Bay Drive that included the filling in of the back part of that -- on Brickell -- on the bay part, and that was probably done six or eight weeks ago, and I'm trying to find a status report on what has been done with regard to approaching the State and actually asking the State to allow us to fill in that land. Maria J. Chiaro (Assistant City Attorney): We have confirmed the -- that the -- we have confirmed 95 percent that the State owns the bottomlands there through looking at the series of photographs that the developer has provided to us. A letter will go to the -- directly to the State to -- this week to ask the State to confirm that ownership, and to ask the State to begin -- ask the State directly to begin the process of filling the bottomlands and the permitting. We have had preliminary conversations with a consultant who will help us do that, who has helped in the past, and the developer and the developer's counsel have offered any assistance needed to move the project forward. Commissioner Sarnoff Madam City Attorney, let me just state this -- if I'm not mistaken, this was passed a little over eight weeks ago, and it seems like we could get one letter out in the City ofMiami within eight weeks. We could have started this process much quicker and been much City ofMiami Page 14 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 more forthright in getting it done. Ms. Chiaro: It wasn't just a question of sending a letter out. There were -- we needed to look at the ownership. We needed to -- we wanted to have the background information so that we had all of our facts to present to the State. As it appears, we are told that, normally, the State is very opposed to filling bottomlands. Before we proceeded in sending the direct letter, we wanted to make sure that we had all of the facts, the best facts that we could have to make our case, if you will, to convince the State that this -- for this particular parcel, their usual 'just say no" won't apply. Commissioner Sarnoff Well, I'm just suggesting to you as being a fellow attorney, the research and the ability to find out who owns the land underneath the water is not an eight -week process, and I'm just suggesting -- let me just finish. I'm just suggesting that we could be a little more forthright and a little quicker in some of the things that we're doing. I'm not suggesting that you do things negligently, but I am suggesting that we move the process along and find out if we're going to be able to have a park there or not. Ms. Chiaro: I understand. It was not just a determination of ownership, but as I said, gathering the facts as to what the history on the property was to determine the best way to posture our case, so that we don't get an immediate no without presenting, you know, the -- Commissioner Sarnoff Would you bring this back for a report at every other Commission meeting? Ms. Chiaro: Yes, if that is your request. Commissioner Sarnoff That is. Ms. Chiaro: It will -- yes, sir. Commissioner Sarnoff Thank you, and then, Mr. Manager, Paul Walker Park. I received something this morning at about five minutes to 9 o'clock on Paul Walker Park. I've not had the opportunity to read it before coming here this morning. I will read it, but would suggest to you that maybe the best time to provide to a Commissioner a report on something is not five minutes before a Commission meeting, so that he doesn't have the opportunity to address it, look at it, and digest it. Pedro G. Hernandez (City Manager): Commissioner, I believe that we discussed the fact that I was going to get the report for you. It wasn't really the intent to have -- take the place of this item, butt wanted to get something in writing, because when you andl talked, there was a certain, let's say, lack of certainty as to where we were and what actions were taken, so I wanted the departments to go on the record and for me to be able to let you know exactly where we were so we could track it, and plan to report to you in a monthly basis, actually on both items that we're discussing here, not only the slip, but this one. Commissioner Sarnoff Well, let me just suggest that one of the things that we're trying to do is we're trying to get the private sector to pay for the implementation of these parks, and if there're certain things that have to occur before the parks can be created, it just seems like we could be more diligent in our efforts in getting it done. Paul Walker Park was decided back in December, and I'm just suggesting to you that when you go to the private sector and you ask them for something, they expect to get it probably in a shorter time than three or four months. Mr. Hernandez: I do appreciate that, and think that you've seen the report, that there's certain number of activities that have taken place, even preliminary designs. There are two options there as to what can be done with the site, so I think that considerable work has been done City ofMiami Page 15 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 up-to-date. There is no funding identified as of this time, but I feel that what we're providing is the stuff that you need initially to be able to then see how we approach potential donors -- Commissioner Sarnoff Thank you. Mr. Hernandez: -- so we'll continue to work with you. Chairman Gonzalez: All right. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-00499 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE FEES FOR THE USE OF THE ROBERT KING HIGH PARK AND THE SNOWMOBILE FOR THE ANNUAL "DIA DEL MUNICIPIO DE OLGUIN" EVENT THAT WAS HELD AT SAID PARK ON APRIL 22, 2007. 07-00499 Legislation.pdf 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 R-07-0239 Commissioner Regalado: The other is something that already happen. It's waiving the fees for the use of the Robert King High Park rent and the showmobile for Municipio de Olguin. It was held on that park on April 22, 2007. We couldn't get it on the agenda. That would be my motion. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion. We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. D4.2 07-00500 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, FOR THE PRO -IMMIGRATION REFORM EVENT BEING HELD AT THE ORANGE BOWL, BY THE HISPANIC COALITION, ON MAY 1, 2007; ALLOCATING SAID FUNDS, FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE 00001.980000.548000. City ofMiami Page 16 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 07-00500 Legislation.pdf 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 R-07-0240 Commissioner Regalado: And the last one is authorizing the allocations of fund from District 4 special events nondepartmental account of $1, 000 for -- Commissioner Spence -Jones: Second. Commissioner Regalado: -- the Hispanic Coalition, in the Orange Bowl, for May 1, 2007. Vice Chairman Sanchez: Discussion. Chairman Gonzalez: All right. We have a motion, and we have a second. Discussion. Vice Chairman Sanchez: On that, does the City activate the Goodwill Ambassadors? Are they compensated for their services? Pedro G. Hernandez (City Manager): Commissioner, I believe they do. Yes. Vice Chairman Sanchez: They're also compensated? Mr. Hernandez: Um -hum. Vice Chairman Sanchez: No further discussion on the item. 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. Unanimous. Commissioner Regalado: Thank you, Mr. Chairman. Chairman Gonzalez: You're welcome, sir. Commissioner Spence -Jones, she -- you don't have anything, right? Commissioner Spence -Jones: No, I don't. DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES City ofMiami Page 17 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 ORDINANCE - SECOND READING SR.1 07-00488 ORDINANCE Second Reading City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS," BY ADDING NEW CODE SECTIONS CREATING A DEPARTMENT ENTITLED "MIAMI OFFICE OF SUSTAINABLE INITIATIVES," TO FOCUS ON COORDINATING CITY DEPARTMENTS, FACILITATING COMMUNICATION WITH ENVIRONMENTAL EXPERTS, AND ASSURING THAT THE CITY OF MIAMI IS WORKING TOWARD BECOMING A MODEL FOR ENVIRONMENTAL BEST PRACTICES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00488 LegislationSR SUB.pdf 07-00488 Legislation FR .pdf 07-00488 Summary Form SR.pdf 07-00488 Summary Form FR.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12910 Chairman Gonzalez: All right. Let's go into the ordinance. SR.1. Jorge L. Fernandez (City Attorney): SR.1 is an ordinance on second reading, creating the department -- the new sustainable initiatives. 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, the public hearing is closed; comes back to the Commission. Vice Chairman Sanchez: So move, Mr. Chair. Commissioner Sarnoff Second. Chairman Gonzalez: All right. We have a motion, and we have a second. It's an ordinance. Mr. City Attorney, would you read the ordinance? Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, Madam City Clerk. 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. City ofMiami Page 18 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 RE.1 07-00378A District 2- Commissioner Marc David Sarnoff RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING CONTRACTORS TO DETERMINE THE BACKGROUND OF CONSTRUCTION WORKERS IN THEIR EMPLOY BY ENCOURAGING CONSTRUCTION WORKERS TO VOLUNTARILY SUBMIT TO CRIMINAL BACKGROUND SCREENING. 07-00378A Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Regalado Noes: 2 - Commissioner Sanchez and Spence -Jones R-07-0241 Chairman Gonzalez: All right. RE.1 is a resolution. Anyone from the Administration to speak onRE. 1? Pedro G. Hernandez (City Manager): RE.2, in this case, right? RE.2? Jorge L. Fernandez (City Attorney): RE.1. Chairman Gonzalez: No, RE.1. Mr. Hernandez: Sorry. Chairman Gonzalez: It's a resolution of the City ofMiami Commission strongly urging contractors to determine the background of construction workers in their employ by encouraging construction workers to voluntarily submit to criminal background screening. Is there a motion on the item? Commissioner Sarnoff I'll make a motion. Commissioner Spence -Jones: I -- discussion. Chairman Gonzalez: We have a motion. Is there a second for discussion? Is there a second? Vice Chairman Sanchez: I will second it for the purpose of discussion. Chairman Gonzalez: All right. We have a motion, and we have a second. Discussion. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: I just want to have clarity on the item. I do understand that the District 2 Commissioner has asked or requested to have this item be brought forth in front of the Commission. Again, my concerns is always centered around making sure that no particular community is singled out. I'm very much concerned about the issue of ex felons or individuals that are trying to get their lives back together, and now having this resolution being brought forth, this may affect them in somehow, so I just really want to hear from the Administration. I understand, though I was briefed, that it's -- this is a voluntary kind of thing, so it really would be up to the individual that's asking, but a lot of times people use this as a -- uses this as an excuse to not hire individuals because of it, so I want to understand from the City Attorney, can that -- or can they be used in that manner? City ofMiami Page 19 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Fernandez: No, it cannot. The intent of this resolution is an expression of the -- a policy position of the City Commission encouraging, like the resolution language says, the construction industry to continue to rise to the level of responsibility and professionalism by making sure that they take care -- that they hire with great care. You know, again, this imposes no absolute obligation, and it does not become a regulatory type of ordinance that has any type of enforcement mechanism. Again, it's an expression of policy on the part of the Commission encouraging the construction industry to do that. Commissioner Sarnoff IfI may, can I just address you for a moment? Commissioner Spence -Jones: Yes. I was going to ask you to elaborate on it for me, Commissioner Sarnoff. Commissioner Sarnoff It may very well be that a person who's convicted once, maybe even twice of a felony, may not, depending upon -- up to the employer whether they consider that to be a problem or not, but I will suggest to you this -- well, two things, actually. One, this may net somebody out there who's an eight -time convicted burglar, and you may choose not to bring him into an R-1 neighborhood, an R-2 neighborhood; two, this has no affect whatsoever, at all, regarding immigration. It won't even address immigration, because a class I background doesn't go to that depth, so I think any concerns -- number one, it is voluntary, but you know what? If you are an owner of a home and you ask the contractor, have you done security checks on your workers that you're going to bring into my home, and he says no, that's your choice whether you wish to hire that contractor, and if he says yes, and they've all checked out, for me, that's a level of confidence that you, as a consumer, can bring to bear whether you choose to bring him to North Grove, which is really experiencing this problem, or wherever it is in the City ofMiami you do, and it may very well be that one-time convicted felon certainly deserves his second choice, and it may very well be that two-time convicted felon certainly deserves his chance, but it may not be that five -time or six -time or seven -time convicted felon. You may choose, both from the contractor or from the homeowner, not to bring him into your home when he's been convicted in the past of five felonies for burglary, five felonies for robbery, five felonies for any other issue that would concern you. Commissioner Spence -Jones: But can I ask you a question? Why can't the homeowner just ask for a background check and pay for it? Commissioner Sarnoff And tell me the -- Commissioner Spence -Jones: I mean, I just -- I don't -- Commissioner Sarnoff -- mechanism of how that works. Commissioner Spence -Jones: -- I'm -- I just don't under -- I mean -- but I'm not going to really argue the point and -- because this is a perfect example how what one thing works for one district may not work for the next district, andl can tell you, for a fact, in my district, in District 5, in which I serve, Liberty City, Overtown, Little Haiti, where there are a lot of folks that have had made mistakes in their lives, the only jobs that they can get are construction -based jobs, and I'm here to tell you, even in the City ofMiami, where we have to hire individuals or we have to -- we -- ourselves, whether or not we're building parks or whatever it is that we're building, you know, I have to push hard to even make sure that people get hired in the neighborhoods. Now, here's another level of something else that will be added or possibly used to prevent individuals from getting jobs. That is my only concern, so I don't understand, you know, why it's necessary - - if you want to hire somebody to do some work in your house and you want to hire a contractor, then you pay for the background check, and if they want to do the work, let them pay for the background check. City ofMiami Page 20 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Sarnoff That may very well be that that'll be passed onto the consumer, but my point is how do you know what contractor -- who he's bringing into your house? How do you know the worker? How do you know that worker's social security number? Commissioner Spence -Jones: But I'm saying -- Commissioner Sarnoff How do you know that worker's date of birth? I'm just suggesting, take your argument to its logical conclusion. Commissioner Spence -Jones: Right, and Commissioner -- Commissioner Sarnoff How does that work --? Commissioner Spence -Jones: -- with all due respect, I understand why you need to have it in your district. I support it happening in your district, and I'm simply saying, if that is the case, if your -- if that individual as a homeowner decides he wants to hire somebody to do some work, then what he should do is pay for the background check. That's all. If want to get some work done in my house, and need to hire a contractor, and don't feel comfortable about who it is, then I can make the decision to pay for the background check; that's it, but I do not want to have this become an issue where an individual says, well, the reason we didn't hire him is because he was an ex felon or -- people use excuses and that can become an excuse, and then not only that, the fear that you strike into the people that are trying to go for these jobs, that are trying to get their lives back together -- already, they feel they can't go anywhere else to get work, and now this whole thing now would come up for them, something else, another hurdle that they have to now jump. I just feel that if it is a -- an issue for a homeowner and they want to hire somebody, pay for the background check. Vice Chairman Sanchez: Mr. Chairman, ifI could just -- Chairman Gonzalez: You're recognized. Vice Chairman Sanchez: -- add to this. I mean, this is a good intended law, but I don't feel it's been clearly defined, and really, it's unenforceable in a way. The thing is, the concern that I have is when someone who's going to do a construction job in their home, one of the things may be the person may say, well, I don't want any convicted felons working for me, and it's their home; they could do it. They could tell the contractor, look, I don't want any convicted felons working for me, or I think that sometimes that even may it go where someone may say, look, I don't want any illegal immigrant working in my house, and that's where I think that you start -- the good gets tangled up with the bad, and those were the issues that are going to come. I mean, I -- if -- it's voluntary right now, and if you were the one that wanted to do a job at your house, you have every right to sit down with your contractor and say, look, I don't want a convicted felon working with -- that's perfectly fine, but I think the consequences might jeopardize those that are out there that want to work, and you know, five -or six -times burglar shouldn't be working in anybody's property. I -- you know, if you decide not to do it, but I think it needs to be clearly defined, and that's why it was very important -- when this came out, I knew it was going to be very controversial, and it needed to go through a process where we got the Legal Department involved, the Administration, and have a healthy debate on it. The only issue that I have is that it's going to get to a point where, once again, where do you draw the line? Is it a first-time convicted felon? Is it a two-time convicted felon? Is it a six -time convicted felon or the other issue is, well, you know, it becomes an issue that's a very hot issue, not only here in local government, but also in our great nation, which is the immigration issue. Commissioner Sarnoff The only thing can suggest to you, Commissioner Sanchez, is that a background check does not go into a person's immigration status. City ofMiami Page 21 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: Yeah, but a background check will deal with the issue of whether or not they're ex felons. Commissioner Sarnoff It will. Commissioner Spence -Jones: So you make that decision. I think that's a determination that an individual that's hiring the person should make, but I just do not feel comfortable -- and I'm glad that you made the changes on it, but I do not feel comfortable, you know, relying on the fact that that individual may not use that -- may use that as an excuse not to hire someone. It is extremely difficult for me to even push to get people to even hire people from my district that have had past issues, so it's very difficult and hard for me to support this, and I understand what your issue is. It is probably a big issue in District 2, but it's even a bigger issue in my district, where people can't get jobs because they've made some mistakes in their life. Darn, if Charlie Crist can recognize it, we should. Vice Chairman Sanchez: I think the bottom line is you don't need a law for this. You could basically just have the contractor, hey, get -- do a background check; let's sit down, look through all -- through your employees, and I'll select the ones that could come into my property and work or not. Commissioner Sarnoff Well, that's why we're not passing a law. We're just resolving asking them to do it. It's a voluntary basis. What we're doing is we're suggesting that there may be a problem out there and they may want to look into it, and now you've educated the rest of the population into asking them -- maybe they'll choose to say, have you looked into the background of the people you're bringing into my house, and they'll say, yes, I have, sir, and one of them has been a convicted felon once, but nothing to do with larceny or burglary, and he might say, I have looked into them, but I choose not to tell you exactly, you know, that -- what their backgrounds are, and you have a choice to make, and you could have a 60-, 70-year-old woman, who, unknowingly, brings somebody into her house and, very candidly, could lose her watch, her rings, or it could be worse. Commissioner Spence -Jones: Or I can have a person that spent 20 years in prison; came back home trying to make a living for himself and his family, and for whatever reason, he can't get a job anywhere else but on a construction site, and the contractor decides, I don't want to hire this person, or is going to ask a question or even create an issue for this individual as to whether or not he can get a job; same difference. Different community. Commissioner Sarnoff Well, what I -- that's why I suggested, Commissioner Spence -Jones -- Commissioner Spence -Jones: I think that if -- Commissioner Sarnoff -- that it be done only in an R-1 and R-2 neighborhood. It's not -- Commissioner Spence -Jones: Well -- Commissioner Sarnoff -- I'm not suggesting that should be done at a person who's constructing a tunnel, a park, a bridge -- Commissioner Spence -Jones: And I'm saying -- Commissioner Sarnoff -- a high-rise building. I'm suggesting that when you bring them into your home, that is your castle, and when you bring -- Commissioner Spence -Jones: Well, then, if that -- if it's that important, with all due respect, City ofMiami Page 22 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Sarnoff, then you should be willing to pay for a background check to make sure that ain't a issue -- Commissioner Sarnoff I'm not suggesting -- Commissioner Spence -Jones: -- but don't create an issue for an entire district -- other districts. Commissioner Sarnoff Well, you've said -- Vice Chairman Sanchez: Let's -- Commissioner Sarnoff -- what you had to say. Vice Chairman Sanchez: -- listen, let's bring to a vote. Chairman Gonzalez: All right. We had an ample discussion, I believe. By now everyone knows how they stand and how they feel. We had a motion, and we had a second. Vice Chairman Sanchez second the motion. Do you sustain your -- Vice Chairman Sanchez: Yes. Chairman Gonzalez: -- second? Vice Chairman Sanchez: Let's put it for a vote. Chairman Gonzalez: All right. Why don't you do a roll call on the -- Vice Chairman Sanchez: Roll call. Chairman Gonzalez: -- item, please? Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: No. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: No. Commissioner Spence -Jones: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: The resolution has passed, 3/2. Chairman Gonzalez: And let me tell you, I vote yes because the voluntarily thing, you know. We're not forcing anybody to do anything. Whoever wants to request a background, they request City ofMiami Page 23 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 RE.2 07-00342 City Manager's Office it. If they don't want to request it, they don't have to request it. You know, if you don't want to hire a contractor, you don't hire him. If you want the hire him -- it's up to each individual to decide what they want to do. It's only a suggestion. That's why I'm supporting it -- Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: -- but at the same time, I also have -- I had the same concerns that my colleague, Spence -Jones, had on the item. Commissioner Regalado: And Mr. Chairman, just to explain also my vote. There is federal and state laws that protect the need of the ex -convicts to work. Chairman Gonzalez: To work. Commissioner Regalado: Anybody who would deny a job to a person that is an ex -convict could be taken to court, and of course, the court will decide, so it's just -- this is just a symbolical assurance -- Chairman Gonzalez: Right. Commissioner Regalado: -- to the people that want -- since we cannot have a police officer in any construction site, this is just symbolic. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH 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 Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado R-07-0242 Chairman Gonzalez: All right. RE.2. Pedro G. Hernandez (City Manager): RE.2 is a resolution of the Miami City Commission, with attachments, 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. Chairman Gonzalez: All right. Is there a motion on RE. 2? Mr. Hernandez: Mr. Chair and Commissioners -- Vice Chairman Sanchez: Well, I would make the motion. She is here, if anybody has any question on this item. This item has been deferred a couple of times. I am the Chair of the Mayor's International Council, and let me tell you that we put together a search committee and interview individuals and selected the most qualified individual, andl could tell you, as I stand City ofMiami Page 24 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 here today, that she is the most qualified individual for that position, so therefore, that is why, when the Commission -- when Commissioner Regalado requested for ample time to meet with Ms. Quesada and to address the issues, I think it's always paramount that Commissioners have that opportunity to meet with these directors. I don't think we've ever had this type of discussion based on a director that has been selected, specially this one that comes with so much credibility and experience. As you could see, they passed a pamphlet or they passed documents around for you to review, andl did have an conversation with Ms. -- the executive director, and she has had an opportunity to meet with all the directors, so therefore, I think enough time has been spent on this item, and that's why I'm making a motion for a vote. Chairman Gonzalez: All right. We have a motion on RE.2. Is there a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: And there is a second. All in favor, say "aye." Commissioner Regalado: No. Vice Chairman Sanchez: There is one no, Madam Clerk. Chairman Gonzalez: No -- one no. Commissioner Regalado voted no -- Vice Chairman Sanchez: Commissioner, is there -- Chairman Gonzalez: -- for the record. Vice Chairman Sanchez: -- is it -- would you like to put a -- Commissioner Regalado: And the reason that I voted no -- Vice Chairman Sanchez: -- reason in the record? Commissioner Regalado: Yes, I would. The reason that voted is no is the same reason that told Isabel and the Manager yesterday. This is not about her. This is about getting information of what happened in the past, the different activities and expenses of this agency. There is a list provided by her, andl thank you, of many expenses that think the public should know. We never had a report about those expenses, those activities. I still cannot figure out why that agency spent $7, 000 on what they said Pope John Paul, II funeral. Did we send people to Rome? That question has never been asked, and that is just the point. The point is that, you know, if we want transparency, we need transparency from the past, from the present, and of course, from the future, so it's not about Ms. Quesada, at all. It's just that we needed the information. I wasn't able to get the information. This is why I'm voting no. Thank you. Chairman Gonzalez: Thank you, sir. Commissioner Spence -Jones: Commissioner -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: Mr. Chairman, I just want to say, officially, welcome Isabel on board. I definitely look forward to working with you, andl really appreciate your briefing that you gave regarding what's happening with the Council. I know a lot of the stuff happened prior to you getting there, so I know that, hopefully, you'll have some things in place or put some things in place so that, at least, all the Commissioners will have a greater understanding about what the Council is doing. The only thing that I want to, at least, make sure -- I know that we City ofMiami Page 25 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 have a sister cities relationship, andl thinkl might have spoken to the Chairman about it, with Haiti. I want to continue to make sure we build on that relationship. There's -- I feel that there's some more things that we could be doing to assist Haiti or to, at least, create some sort of partnership, andl believe the Chairman has already agreed to provide that type of support, so I just would want to see that that relationship is definitely cultivated. Vice Chairman Sanchez: Ms. Quesada, could you address --? Before we do that, I really want - - I want this legislative body to realize what a great importance the Mayor's International Council is. I mean, you know, the most important thing that any government should have is the avenue to showcase itself and showcase Miami throughout the world, whether it's in South America, Central America, or Europe. I think that the greatest fault right now is that we constantly blame our government of not having that communication or that -- in touch with other governments. Well, the Mayor's International Council focuses on this, and there are many success stories to this, andl could tell you one. The Mayor's forum was such a great success that major -- Mayor Daley, from Chicago, is now -- has agreed to host the next forum, and it allows us an opportunity not to go to other countries or other cities and show them what we're doing, but also to interact and learn from their experiences, and that's the beauty of this Council, and you know what? If you look at the -- what we've been able to do to bring a lot of these mayors that are from South America and Central America and from the Caribbeans and overseas; they come to Miami; they see Miami. They see what Miami is. Miami is an international city, and that's what we need to do. We need to continue to showcase the City of Miami, promote our arts and culture, promote our diversity, promote the greatest resource that we have, and that is the people that live here in Miami, so I challenge each Commissioner to get more involved in the Mayor's International Council and participate on that, because I was appointed -- I'm nearly -- recently appointed to the Mayor's International Council and also the DDA (Downtown Development Authority) after Johnny Winton's incident, andl have really gotten down to what it's all about, andl have be educated on the issue, so that's why it's very important when we hire somebody, we wanted to bring in someone who had that expertise, somebody who has been -- has a good media background; somebody who's a good communicator; someone who could be the face for this great department that is -- represents the City so well, so that's why I say, again, that we are pleased to have you on board, Madam Executive Director, and at this time, I think you need no further introduction to allow yourself to speak. [Later...] Isabel de Quesada: I would just -- I71 be brief. I'd like to thank the Commission for the faith and confidence -- Vice Chairman Sanchez: This item's attracting a lot of people. Chairman Gonzalez: Huh? Vice Chairman Sanchez: This item's attracting a lot of people. Commissioner Spence -Jones: Go ahead. Chairman Gonzalez: Yeah. Vice Chairman Sanchez: All right. Ms. de Quesada: Thank you, Commissioner Sanchez. I would just like to thank the Commission for the trust and confidence you have placed in me this morning. I will not let you down. I think I have a proven track record. I came aboard for the first time with the City precisely as a consultant organizing the Mayor's Hemispheric Forum, which Commissioner Sanchez just spoke City ofMiami Page 26 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 about. It was a first-time event for the City ofMiami, where we were able to attract or bring together 18 top select mayors from the major urban areas in hemisphere. We were able to garner more than 18 articles in the international media, which showcased Miami, discussing best practices in urban design, energy reform, and the local challenges faced by urban cities, given the new global economies. I think it was a success story. We had ample radio and TV (television) coverage, as well, and Commissioner Spence -Jones, just precisely referring to your point. Next week, I'm meeting a group of -- a Haitian delegation, the Minister of the Interior, and eight mayors from Haiti. Commissioner Spence -Jones: Great. Ms. de Quesada: We're hosting them at here City Hall, so I do intend to pursue that avenue, as well -- Commissioner Spence -Jones: Wonderful. Ms. de Quesada: -- and build up on our sister city relationship with Port-au-Prince and others, as well, if possible, and precisely because my background is in the communications industry, my intention is to keep the full Commission informed at all times; provide you with a monthly report, andl would appreciate any comments or suggestions to showcase our city, and I'll make it happen. I have the integrity, the experience, and the contacts, and the will to work hard for the City. Chairman Gonzalez: Thank you. Ms. de Quesada: Thank you. Commissioner Spence -Jones: Isabel, real fast. Isn't there a group of kids you guys are getting ready to take to Madrid, the soccer team or something, soccer kids --? Ms. de Quesada: Yes, precisely. Madrid is one of our newer sister cities. We just have to sign the agreement. Everything is in place. We haven't even signed the agreement, and they have offered to pay for room and board for about 40 students from the City ofMiami. We just have to cover their travel expenses, so hopefully, we'll put that together, andl invite all of you to put together teams for your respective districts and help us out in this project, because I really think it's a once -in -a -lifetime opportunity for many of these inner-city kids who otherwise would not be able to have this experience. Commissioner Spence -Jones: Thank you. Vice Chairman Sanchez: And ifI may add. Although the government -- their government is providing the expenses, the traveling will be paid by us, so therefore, what we're asking for is any of the Commissioners may have someone who may want to assist us in assisting these children to make sure that they do get an opportunity to travel to Europe and participate -- Ms. de Quesada: Exactly. Vice Chairman Sanchez: -- it's welcomed. Ms. de Quesada: One of my goals precisely is to have the MIC (Mayor's International Council) build public private partnerships, not just depend on the MIC funds, and we have done that every time we can. Vice Chairman Sanchez: So we welcome your suggestions and support. City ofMiami Page 27 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: OK. Chairman Gonzalez: Thank you. Ms. de Quesada: Thank you, Commissioners. RE.3 07-00540 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 FRATERNAL ORDER OF POLICE (FOP), LODGE NO. 20, FOR THE PERIODS OF OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2007 AND OCTOBER 1, 2007 THROUGH SEPTEMBER 20, 2010. 07-00540 Legislation.pdf 07-00540 Summary Form.pdf 07-00540 Exhibit 1 10-01-05 to 09-30-07.pdf 07-00540 Exhibit 2 10-01-07 to 09-30-2010.pdf Motion by Commissioner Sarnoff, 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-07-0243 Chairman Gonzalez: All right. RE.3, Mr. Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, this is a resolution of the Miami City Commission, with attachments, raging the collective bargaining agreements between the City ofMiami and the employee organization known as the Miami Fraternal Order of Police, FOP, Lodge 20, for the periods of October 1, 2005 through September 30, 2007, and from October 1, 2007 through September 20, 2010, and Mr. Chairman and Commissioners, what this is is the police union contracts; one for two years that will take us from September 30 to October -- to September 30 of '05 through September 30 of '07, and then a second three-year contract from October 1, '07 through October 1, 2010. We have been working intensively with the police union representatives, Mr. Armando Aguilar and Mr. Carlos Avila, and through a lot of hard work from -- in our part and also our staff we were able to come up with whatl believe are fair contracts to address the needs of our police department. As you're aware, we have -- there is a great need, not just countywide, but nationally, for police officers, and it's become quite difficult for us to recruit, to retain officers. I believe that the present contracts will achieve that, with their support, and it's something that I feel that the City needs, and it's been satisfied through these contracts. Chairman Gonzalez: Thank you. Mr. Aguilar, good morning. Welcome and congratulations. Armando Aguilar: Good morning, Commissioners, Mr. Manager, City Attorney. Armando Aguilar, president of Fraternal Order of Police, 710 Southwest 12th Avenue. Do want to thank the cooperation I got from the Manager and his staff both Rosalie Mark, Hector Mirable, and Michelle Riva [sic] that we were able to finish this long battle that we've had. I think at the end of the day, this contract is going to allow us to be more competitive in a very competitive field and at the same time, it's going to help the City and their citizens because, quite frankly, we were running out of police officers, so I want to thank you in advance, all the Commissioners and the Mayor, for voting for the contract. City ofMiami Page 28 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: Thank you, sir. All right. Is there a motion on the item? Commissioner Sarnoff I'll move. Commissioner Spence -Jones: Second. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. Let's -- Vice Chairman Sanchez: Discussion. Chairman Gonzalez: -- do a roll call, please. Vice Chairman Sanchez: No. Discussion first. Chairman Gonzalez: Discussion. Vice Chairman Sanchez: Mr. -- may I be recognized, Mr. Chairman? Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: Mr. City Attorney, have you had an opportunity to review this contract? Jorge L. Fernandez (City Attorney): Yes, we have. Vice Chairman Sanchez: OK, and you've given it thorough A through Z review, and you're OK with this contract? Mr. Fernandez: Yes, as to form and correctness, we have. Vice Chairman Sanchez: All right. As I sit here, I've had the privilege of not -- having the experience of being a state trooper, and not only being a law enforcement officer, I also represented the Florida PBA (Police Benevolent Association) as the vice president, so I have the experience to be sitting at both sides of the table here as a Commissioner and as a law enforcement officer. Let me tell you that when this contract came up, one of the things that we were hurting here in the City was the retention of police officers, and not only that, the recruitment of police officers because of the pay grade and the benefits that they were receiving. They were out of scale with other municipalities and other departments. I read the entire contract, and I'm OK with the contract. Let me tell you, I think that when it comes to law enforcement and security, I think everyone understands that we need to have the best trained, best equipped police department that we could have. There are two articles that made me support this contract, and these two contracts [sic] are Article 41.1, andl tell you why. It is not the salary and the compensations that the police departments have, based on this contract. Our problem and our storm brewing is the pensions, and am glad to see that at least some parties are willing to come to the table to try to find a solution to that pension crisis, because there's a storm brewing out there, and it's the perfect storm, ladies and gentlemen. As we sit here today, the Florida legislation is discussing the relief of taxes, homestead taxes for those in municipalities. We do not know the effect that those reductions will have on local government. Whether it's the House plan or the Senate plan, we're looking at a reduction of income that's coming into the City of somewhere between maybe 45 million to $100 million, and that puts us in a very, very tight situation, based on the responsibility that we have, which is to provide services, so we take fiscal responsibility very seriously here. Now, Article 44.1 -- and I'll have the City Attorney read it into the record so you understand that we are heading in that right direction to City ofMiami Page 29 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 try to find a solution, to try to find a cap on that pension, which I think will have a significant savings for us in the long term, so Mr. City Attorney, could you read Article 44.1 -- Mr. Fernandez: That is 44 -- Vice Chairman Sanchez: -- which is the pension stabilization? Mr. Fernandez: -- .1 ? Vice Chairman Sanchez: 44.1. Mr. Fernandez: You're referring to the contract for the -- through September. Oh, it's the second contract. It's the contract that will become effective October of 2007. Article 44, Pension Stabilization. The City ofMiami and the Fraternal Order of Police, Lodge 20, FOP, agreed to pursue changes to the provision of the FIPO (Firefighters and Police Officers) COLA (Cost of Living Allowance) Fund and to develop and implement with the FIPO Pension Board Trustees a contribution stabilization fund so that the -- so that total City contributions to the pension fund do not exceed 37 percent of pensionable payroll for a long-term sustainable period of not less than ten years, no later than the fiscal year ending September 30, 2008. In the event that the changes made to the FIPO COLA Fund and establishment of the contribution stabilization fund do not accomplish this agreed objective, or if such changes are not timely implemented, then this article will be reopened for bargaining changes to any pension items not enumerated in Article 39 of this agreement until the not-to-exceed-37-percent-of-payroll long-term funding objective is met. Vice Chairman Sanchez: Hector, having read that into the record, what would be the significant savings to the City and the pension, if both parties or all parties agree to this? Hector Mirable: Hector Mirable, chief negotiator, City of Miami, deputy director of Employee Relations. The significant savings, should both parties come to a mutually acceptable solution to the pension situation, is you're currently paying in the area of 58 to $59 million into the pension for this current year and potentially next year. Vice Chairman Sanchez: How much again? Mr. Mirable: Fifty-nine million. Vice Chairman Sanchez: Fifty-nine million. Mr. Mirable: So if you drop to -- and that's currently 60 percent of payroll. If you drop that to 37 percent, you realize a significant savings overall. Vice Chairman Sanchez: And that significant savings is in the ballpark figure of what? Mr. Mirable: Anywhere between 20 to $30 million. Vice Chairman Sanchez: Twenty to $30 million of savings. Mr. Mirable: Yes, sir. Vice Chairman Sanchez: Now, let's say that the constitutional amendment is adopted, and we're faced with a crisis. Is there language in this contract that would allow us to reopen negotiations? Mr. Mirable: Yes, sir. In the last article of the contract, there is a specified language in there that should the City ofMiami declare a true fiscal emergency, then the negotiations -- the body, City ofMiami Page 30 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 the City Manager and the FOP would go ahead and reopen negotiations on all aspects of the contract. Vice Chairman Sanchez: And because of those articles, those two articles that have been read into the record, I am supportive of this. Now, I want to take this opportunity, once again, to praise all those that have gone through this process. This is not an easy process. Any time you sit down to negotiate, it is a hard process, but when you have an opportunity to come to compromises and come in front of this Commission and agree on these issues that are tough issues at time, because you have a big responsibility to go out and get this ratified by your members, and the City Manager has a responsibility to get this approved by this Commission, so having said that, I want to praise you both on your efforts, and we hope that things work out, and we're able to move to the second part of your contract. Mr. Aguilar: Thankyou, Commissioner. Chairman Gonzalez: All right. Mr. Mirable: Thankyou, Commissioner. Chairman Gonzalez: Madam City Clerk, will you do a roll call? OK. We have -- Commissioner Regalado: Just a comment. Chairman Gonzalez: You're recognized, sir. Commissioner Regalado: I just want to thank the Manager and his team, the union and his team, because they came through with a contract. What you all did wasn't that extraordinary. It was supposed to have that contract done many years ago, because the responsibility of a government, regardless of the revenues that the government receives, is to support the first responders. The sole and most important responsibility of a municipal government is to have immediate service of first responders, Police, Fire, and then the Solid Waste, and the other programs. Regardless of what happens in the state of Florida, the governments need to have their first responders ready to serve the public. If there needs to be cuts, then cuts should be made in other areas, but not on first responders. The cuts that you have that should the City declare a true emergency, it is a given. I remember that when the City, in 1996, declare and emergency, the City was allowed to break all the contracts with the unions. At that time, we didn't do it because the City respected the contracts. I just don't think that one thing has to do with another, and that we -- if we get to the point where we have a cut on revenues, we need to look at other areas, but always to protect the first responders, and for the union, you did a very good information campaign about the needs of the union. Now it's time to do a very good information campaign about the benefits of working as a City ofMiami police department, Miami's finest, and hopefully, we will be able to have a police department that we can all be proud forever. Thank you. Mr. Aguilar: Thank you, sir, and as you said before, that language has been in the contract since the City was in bankruptcy, and at no time were police services cut in any way, shape, or form, so I'm confident that that's not going to be the case here either. Commissioner Spence -Jones: Mr. Chairman, I -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: -- just want to -- I just would like to add. Chairman Gonzalez: You're recognized. City ofMiami Page 31 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: Once again, I'd like to congratulate the union for really making sure we stuck -- you stuck to your guns in making sure that we get -- we got -- you got what you needed, and we were able to find a compromise between the two. I can say to you, just being a new Commissioner on the dais, this has probably been one of the most challenging issues that, you know, I've had to endure, being -- you know, being a City Commissioner, because at the end of the day, we know that we need to have officers on the streets. We know that we need to have officers that have a great morale, and this has become -- oh, it had become a big issue. I also would like to thank Michelle Pina, the -- Rosalie -- I always forget your name -- Mr. Mirable: Hector. Commissioner Spence -Jones: -- Hector, and the Manager staff for doing a great job and really pushing through to make sure that it got done. I know we only have, I think, two more to go after this, and hopefully, we're well on our way with those. I think it just sends a powerful message to the residents of our city that we care about our officers and that these things are important for us to handle, so I just wanted to, at least, publicly acknowledge -- when people do good work, you should acknowledge them for their good work, so I just wanted to, at least, say that to the both of you. Mr. Aguilar: Thankyou, ma'am. Vice Chairman Sanchez: Roll call. Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff Just congratulations to you. I think this city, everybody leaves their homes expecting to be safe and comes home expecting to be safe. We take you all for granted, as probably we should, and now we can take you for granted again. You're there. You're there to keep us safe. Just like a lawyer, you don't want to know one, and just like a cop, you don't want one until you absolutely need one, so it's good to know that when we have the need, you'll be there. Thanks for being there. Mr. Aguilar: Thankyou, sir. Chairman Gonzalez: I just want to add that also congratulate you and Mr. Manager, the Administration, and everyone involved in these negotiations because I know it took a long time, it look a lot of effort, a lot of goodwill on both parts, you know. You were winners, and the City also was declare a winner on saving, you know, the amount of money that you help save on the pensions, but also, we need to recognize that -- andl wasn't here -- I wasn't a Commissioner back then, but in 1996, when the City went into the crisis, the unions, all of the unions step up to the table and work, and you know, and were open to help the City sustain itself, so you know, whenever they need to be compensated, they have to be compensated, and they have to be recognized, so once again, I congratulate you, andl hope, Mr. Manager, that now that we're done with Police, we can concentrate on Fire. They also been crying for not having a contract for a long time, and I'm sure that they will also come to the table with an open mind and with the desire to cooperate with the City on the pension issues, and you know, on the issues pending, and I hope that we'll soon have also Fire standing here, and Solid Waste, as a matter of fact, you know, with a contract. All right. Mr. Hernandez: Mr. Chairman, Commissioners, I think it's just a matter of time. We're fully committed to getting it done. I think that the other two unions are seeing, you know, our good faith in dealing with the union contracts. I -- so we'll get them done, andl thank you and the Commissioners, all of you, for your support in this difficult, you know, subject, andl also want to thank again Armando and Carlos and all of the police officers for the City ofMiami, the finest. City ofMiami Page 32 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Thankyou. Mr. Aguilar: Thankyou, sir. Chairman Gonzalez: Thank you. All right. Will you do a roll call, please? Priscilla A. Thompson (City Clerk): Yes. Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The resolution has been adopted, 5/0. Chairman Gonzalez: Congratulations again. Mr. Aguilar: Thankyou. Applause. Chairman Gonzalez: All right. Commissioner Sarnoff Thank you. Chairman Gonzalez: That concludes the regular agenda. City ofMiami Page 33 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 PART B Chairman Gonzalez: Now we're moving to the Planning and Zoning agenda. Mr. City Attorney, would you read -- state the procedure for the Planning and Zoning agenda? Jorge L. Fernandez (City Attorney): P&Z (Planning & Zoning) items shall proceed as follows. Before P&Z agenda is heard, all those wishing to speak will be sworn by the City Clerk. Staff will briefly describe the request, whether an appeal, a special exception, vacation, text amendment, zoning change, land use change, or MUSP (Major Use Special Permit), and make its recommendation. After staff makes its presentation, then either the appellant or petitioner, according to the nature of the item, will present their request. After that, the appellee, if applicable, if it's an appeal, will present its position. If not, then it will be open to members of the public to speak on their position. Petitioner, as well as any member of the public, may ask questions of staff or may ask questions of each other, all through the Chair. Appellant or petitioner will be permitted to make final comments on their application, prior to the City Commission closing the public input portion of the public hearing, taking the matter back to themselves, discussing it amongst themselves, and then coming up with a vote, and that's the process or the procedure that you always follow. Mr. Chairman. Chairman Gonzalez: Thank you, Mr. City Attorney. [Later..] Chairman Gonzalez: (INAUDIBT,F) convene the Planning & Zoning meeting. Mr. City Attorney, do you want to read the procedures -- Mr. Fernandez: Yes. Chairman Gonzalez: -- once again? Mr. Fernandez: Mr. Chairman, Commissioners, members of the public, the procedure to be observed during all P&Z items, Planning & Zoning items, are as follows. Before the P&Z agenda is heard, all those wishing to speak will be sworn in by the City Clerk. Momentarily, the City Clerk will administer the oath. Staff will briefly describe the request, whether it's an appeal, a special exception, a vacation, text amendment, zoning change, land use change, or MUSP (Major Use Special Permit), and make its recommendations to the City Commission. Immediately after staff does that, then either the appellant or the applicant, depending on what type of item is in front of the City Commission, will make their presentation. Immediately after that, the appellee, if it's an appeal or the members of the public here to speak on that item, will have an opportunity to present their position. At all times, questions may be asked of any presenter, but all questions must go through the Chair. The appellant or the petitioner will have the opportunity to close the public input portion of the public hearing, but -- by making final arguments or having rebuttal arguments, as they're called. After that happens, then the Chair brings the matter before the Commission; they debate it; discuss it, and then they vote on it. That's the process, Mr. Chairman. Chairman Gonzalez: All right. Also, each attorney representing the developer and the opposition will have equal amount of time. Each attorney will have equal amount of time. The public is going to have -- I'm going to allow two minutes per speaker because, you know, there is a long -- very long agenda, and that's the procedure that I have used for -- ever since I've been the Chair, so -- and don't -- please try to stay within your two minutes. I don't want to shut the mike off on anybody. I don't think that's polite. I don't think that's the right way to act, so I ask you to please help me be able to conduct the meeting, you know, on the best manageable way. Madam City Clerk, will you please swear the witnesses? City ofMiami Page 34 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Priscilla A. Thompson (City Clerk): Yes. Good afternoon. Those of you who are in the chambers and you will be testifying on any of the remaining P&Z items, I need to please have you stand up, raise your right hand, so I could administer our oath here. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. [Later...] Chairman Gonzalez: All right. I'm -- I need to be absent -- out of here at 7: 30. I'm going to leave you with an agenda that is very complicated, and you know, and this is why we have to take into consideration during the day because now you have a -- you're going to have a tremendous conflict. You have people that have been sitting here waiting all day long for their cases, and you have people now pushing to hear their -- which is PZ. 24, and they want their item heard now, and you cannot heard [sic] the agenda and PZ.24 and three items at the same time, so I believe, looking at the clock, looking at the way this meeting has been going on and on and on, that you probably going to end up deferring. You have one, two, three, four, five, six, seven, eight, nine, ten -- you have eleven items. With good luck, you're going to be deferring no less than nine items -- Vice Chairman Sanchez: Mr. Chairman. Tucker Gibbs: Mr. Chairman. Oh, I'm sorry. Chairman Gonzalez: -- so that will be your decision because you're going to be chairing. Vice Chairman Sanchez: Could l just make a suggestion? There are a couple of items that are on second reading that are very noncontroversial. Mr. Gibbs: Just on first -- I've got an item -- the next item, which is -- Vice Chairman Sanchez: Well -- Mr. Gibbs: -- noncontroversial. Vice Chairman Sanchez: -- I don't have a problem -- the ones that are noncontroversial, if we could just -- Commissioner Spence -Jones: Get them out of the way. Vice Chairman Sanchez: -- open it up to -- open the public hearing. If there's no opposition, if not, we could get those through. Mr. Gibbs: PZ.14 is one such item. It's the next item on the agenda. It's -- Chairman Gonzalez: PZ.14? Mr. Gibbs: Yes. Chairman Gonzalez: 14 is your item? Vice Chairman Sanchez: All right. City ofMiami Page 35 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Jorge L. Fernandez (City Attorney): 14 andfif -- yeah, 14. Madam Clerk, want to make sure that the last item that was continued to May 24 is properly reflected to have been those two items, items 12 and 13. PZ (Planning and Zoning) -- Priscilla A. Thompson (City Clerk): That is -- Mr. Fernandez: -- 12 and 13 both. Ms. Thompson: -- correct. PZ.1 06-01060Iu 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 3663 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading City ofMiami Page 36 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 06-010601u - PAB Fact Sheet.pdf 06-010601u - Analysis.pdf 06-010601u - Concurrency Report.pdf 06-010601u - Comp Plan Map.pdf 06-010601u - PAB Zoning Map.pdf 06-010601u - Aerial Photo.pdf 06-010601u - PAB Legislation.pdf 06-010601u - PAB Application Documents.pdf 06-010601u PAB Reso.PDF 06-010601u CC 03-27-07 Application & Supporting Docs.pdf 06-010601u CC Legislation (Version 2).pdf 06-010601u & 06-01060zc CC ExhibitA (OId).pdf 06-010601u CC FR Fact Sheet.pdf 06-010601u Submittal Letter Lapin & Leichtling.pdf 06-010601u Submittal Letter Levine & Partners, P.A..pdf 06-010601u Submittal Letter Luft Consulting, Inc..pdf 06-010601u Submittal Letter Tucker Gibbs P.A..pdf 06-010601u Submittal Letters of Support.pdf 06-010601u Submittal Map.pdf 06-010601u Submittal Opposition Memo.pdf 06-010601u Submittal Petition.pdf 06-010601u Submittal Presentation.pdf 06-010601u Submittal Presentation Grove Bay.pdf 06-01060zc, 06-010601u & 06-01060mu CC Zoning Map - Updated.pdf 06-010601u CC SR 03-22-07 Fact Sheet.pdf 06-010601u, 06-01060zc & 06-01060mu CC Exhibit A (Revised Legal).pdf 06-010601u CC 04-26-07 Application & Supporting Docs.PDF 06-010601u Submittal - News Article.pdf 06-010601u Submittal E-mail John Lukacs.pdf 06-010601u Submittal Grove Bay Residences Motion.pdf 06-010601u Submittal Grove Bay Residences MUSP.pdf 06-010601u Submittal Illustration of Devp. Site.pdf 06-010601u Submittal Jack Luft, Luft Consulting.pdf 06-010601u Submittal Letter Hadley Williams.pdf 06-010601u Submittal Letter- Natioanal Trust for Historic Preservation.pdf 06-010601u Submittal Letter- US Dept of the Interior National Park Serv..pdf 06-010601u Submittal Photos- Lucia Dougherty.pdf 06-010601u Submittal presented by Goggins.pdf 06-010601u Submittal presented by Henry Iler.pdf 06-010601u Submittal presented by John Lukacs.pdf 06-010601u Submittal Report on the Impact by Shubin.pdf 06-010601u Submittal Report on the Impact by Subratabasu.pdf 06-010601u Submittal Resolution presented by Ivan Rodriquez.pdf 06-010601u Submittal Richard J. Heisenbottle.pdf 06-010601u Submittal Shoreline Devp. Review Committee Reso..pdf 06-010601u Submittal Size Comparison - Ellie Haydock.pdf 06-010601u Submittal transcripts.pdf 06-010601u Submittal viewshed impact assessment.pdf 06-010601u CC SR Fact Sheet 04-26-07.pdf 06-010601u Submittal Comm. Sarnoff Letter.pdf LOCATION: Approximately 3663 South Miami Avenue [Commissioner Marc City ofMiami Page 37 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of TRG MH Venture, Ltd., Contract Purchaser, and Mercy Hospital, Inc., Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial due to the failure to obtain the required five affirmative votes in favor to City Commission on September 20, 2006 by a vote of 3-3. See companion File Ds 06-01060zc and 06-01 060mu. PURPOSE: This will change the above property to High -Density Multifamily Residential for the proposed 300 Grove Bay Residences Major Use Special Permit. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be DENIED FAILED by the following vote. Votes: Ayes: 2 - Commissioner Sarnoff and Regalado Noes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones 12911 Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 2 - Commissioner Sarnoff and Regalado Chairman Gonzalez: Before going into PZ.1, we need to go back to the Planning and Zoning meeting of March 27, and based on the motion that was made at the close of the public hearing on March 27, 2007, PZ (Planning & Zoning) items 1, 2, and 3, the Grove Bay Residence project on the Mercy Hospital property will proceed as follow. The public hearing has been closed; no further evidence will be presented to the City Commission. The item will be open for discussion among the members of the City Commission only. The discussion will be based on the information that was presented at the two previous public meetings -- and remember that we had 15 hours of public hearing -- and on the Commissioners' review of the transcripts of those meeting. If any of the Commissioners ask a question for clarification only, staff may provide the answer to the Commissioner's question and only staff. After discussion, motion can be made individually for each item. PZ. 1 is the ordinance changing the land use; PZ.2 is the ordinance changing the zoning, and PZ.3 is the request to approve the MUSP (Major Use Special Permit). I remember that when we concluded the March 27 meeting, it was Commissioner Sanchez that asked the item to be continue because he needed time to read all the documents that were presented at that meeting, and that was the only reason, and we agreed -- we all agreed that we will not take any more input from either side; that all we were going to do this morning was to -- if the Commissioners had any questions from staff ask their question; get staff to answer the Commissioner's question, and then call for a vote, and I'm telling you this so I will not open the floor for any more arguments. I will -- you know, the public hearing remains closed. It's closed and it's only up to the City Commission. Vice Chairman Sanchez: Mr. Chairman, ifI could -- Chairman Gonzalez: Yes, sir. City ofMiami Page 38 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: -- be recognized. I would like, first, if any of my colleagues have any questions pertaining to the staff that that be taken up first, and then, ifI could be recognized for discussion of the item. Chairman Gonzalez: Yes, sir. I now open the item for discussion among the Commissioners. Is there a motion or -- either one of the Commissioners wants to make a motion? Commissioner Sarnoff I'd like a motion to deny the application. I find that the proposed change to the Comprehensive Plan would act to harm the quality of life in the neighborhood; number two, it would foster a decline in the surrounding neighborhood; number three, it would promote a negative economic impact, and it would reduce job opportunities; number four, this application would hurt our ability to foster downtown as our recognized regional center; number five, this application would foster land use conflicts; and number six, this application would harm our significant natural and coastal resources. Commissioner Regalado: Second the motion. Chairman Gonzalez: All right. We have a motion, and we have a second. It's an ordinance, Mr. City Attorney, right? Or should we do a roll call on the --? Jorge L. Fernandez (City Attorney): You should do a roll call. Vice Chairman Sanchez: Roll call on denial. Chairman Gonzalez: Roll call, Madam City Clerk. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Sarnoff Can we have discussion, or you don't want to have discussion? Vice Chairman Sanchez: No, no discussion. Chairman Gonzalez: Discussion. Any discussion? No. All right. Commissioner Regalado: Well -- Commissioner Sarnoff Well -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: -- I'd like to say something, if we are going to vote, which is what we should have done, but we're doing today. I was thinking of talking today about the run-off elections in France -- this is in May -- and there are two candidates that are running, andl was thinking, well, people will say, what does the run-off election in France has to do with this item? Andl would say, nothing, and I'm saying this because I have been told that in radio, there have been several pay spots that have been running on Hispanic radio telling the people of the need to call Commissioners Sarnoff and Regalado, so they can help the health care of the elderly and not their special interests, andl was thinking, well, what does health care have to do with a zoning matter, but just the way things go in the City. Is that legal completely? Is that necessary? I don't think so, but the debate here has been, throughout all these hours, about health care and about the Vizcaya and not about the zoning issue or neighborhood issue. This is a debate that we all would have with the people. Since people were told to call my office to ask me to support health care for the elderly, I could suggest that the way to help health care, in general, then may be the future for Baptist Hospital, which is in Kendall Drive, has all these huge land, lakes, and docks to sell that, too, or Jackson Memorial Hospital to serve -- to sell the parking facility to a City ofMiami Page 39 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 private enterprise, and more money will be made, although that will not solve the health care crisis in the United States, because some day we should discuss that because that's our responsibility, although health care is not a municipal responsibility. We do have residents that have many issues with health care. Recently, the President received the report from the Social Security Committee, and now we know that Medicare is going to be out of funds by 2018 and Social Security will be bankrupt by 2021, so it is an important issue, but this has not been the issue, so -- lucky for me, no one called the office to ask me to support health care, so my focus has been and should be in a zoning change, as simple as that. Thank you, Mr. Chairman. Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: You're welcome. Yes, ma'am. Commissioner Spence -Jones: I'm sorry. Commissioner Sarnoff I -- yeah. Commissioner Spence -Jones: I want to defer to -- Commissioner Sarnoff IfI can. Mr. Chairman, I echo what Commissioner Regalado had to say, andl would ask state that no one called my office either, but I would like to get to what we're discussing. We're discussing PZ.1, which is a change of the Comprehensive Plan for the neighborhood. I urged you last time that you could forget that the federal government, that the state government, and that the county government had all come in and urged you to reject these changes, but what said was that you could actually listen to one person, and that was Arva Moore Parks, so I took it upon myself andl found Arva Moore Parks' book called "Miami Then and Now," and I was able to find Vizcaya, then and now; could probably even say it may even look better now than it did then, and then I looked around to see what other facilities that we have then and now, which actually look quite good, and I'm obviously showing you Carrolton School, then and now. I even went so far as to look at Plymouth Congregational Church, then and now, and it looks quite good; even on Charles Avenue, in Village West, I was able to find the first black community church, then and now, but I was also able to find something else very interesting. What does happen when a building gets surrounded by large high-rises, andl was able to find the Women's Club in Coconut Grove, then and now, and you'll see it engulfed by the high-rises, but it didn't stop there. I was able to see the Coconut Grove Library, andl got to see it then and now, as it is engulfed by the high-rises. If you are to be good stewards with the land, and if you are truly to follow your Comprehensive Neighborhood Plan, then you simply must be good stewards with your land and deny this zoning -- this change to the Comprehensive Plan. Let me just say something to my fellow Commissioners, andl ask you to take heed to this. I would not presume to make a decision regarding the waterfront along Miami River in your district without referring to the expertise and deferring to your recommendation. I know that there are several controversies near the Northwest 27th Avenue and Miami River, andl presume those are critical to District 1, andl would certainly follow the recommendation of the Commissioner Gonzalez. I would not presume to make a decision regarding Jose Marti Theater on Southwest 8th Street, in the event a developer wanted to build a high-rise 400-foot tall building on that site without deferring to the expertise and to the recommendation of Commissioner Joe Sanchez, because I presume that location is critical to your district. I would not presume to make a decision regarding either the Lyric Theater in Overtown or the Caribbean market building in Little Haiti without deferring to you, Commissioner Spence -Jones. What would happen if a developer wanted to build a 400-foot tall high-rise in either site? I would presume those locations are critical to your district. Each one of you are contemplating whether you would like to pay a visit over to District 2 and decide for yourself what's best for District 2; yet, none of you have walked the neighborhood, have met with the neighbors, and have spent the time that I've spent going in my neighborhood and understanding the issues that are important to District 2. This can all change today, and we can all be looking at each other's neighborhoods City ofMiami Page 40 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 with a great deal more scrutiny, so I would caution everybody that today, I would take the lead of the district Commissioner in their district, presuming that they have spent the time addressing their neighbors and considering the good sound decisions that they make on behalf of their neighborhood. I ask you to trust that I have made good sound decisions on behalf of my neighborhood that I spent the better part of the past six months campaigning for and winning. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. Applause. Commissioner Spence -Jones: Mr. Chairman, as you know, this has definitely been a trying matter for all of us sitting on the dais. As you know, my past support of this project in accepting the amendment was based on basically my own visits to the sites. I've been there at least two or three times to look at it from that perspective, based upon the compromises thatl've seen with the building going from 1,000 units to about 240 units, and also from our own Planning Department's recommendations, and of course, the support of various neighborhood associations, even their -- even though there is very vocal opposition against it. Even this week, because this is one matter, even though it's not in my district, I've been really wrestling with. I really try my hardest to make sure that whatever I do, I try my best to support local residents and neighborhoods. I've been doing that since I've been sitting on the dais, but on -- two days ago, I did go back over there, with Planning staff to walk it, to really understand exactly what it actually meant, because in hearing the presentations by both sides, when you actually go there, it's very different Where the building is, proposed to be, the existing way that it looks now on the bay walk, or the area facing the water. It's very different The seniors that live in Carroll Manor, and that road itself that leads to the back area, and how dangerous I think it could be for seniors to walk on that road to, at least, enjoy the water. All these are things -- the things that I considered in making a decision. I have to say this, though. You know, for me, I have so much respect for Commissioner Sarnoff in what he's trying to do in his district, and the fact that he fights very hard for the residents of his district, and we're very much alike in that way, andl try my best to lean towards supporting district Commissioners in what they want to see happen within their districts. I'm a big historic buff and for those folks that know me, they know thatl support historic venues in my district. I support Vizcaya in their mission to do what they're trying to do, so it's not even about that, but you know, one of the things that, you know -- andl wasn't going to even bring it up this morning unless, you know, it was brought up on the dais. I was going to simply just over look it, but in the last meeting that we had, district Commissioner - - Commissioner Sanchez, kind of talked about the issue of how certain things transcends districts, andl know this more so than ever now from this most recent incident thatl've been dealing with since about 4 o' clock this morning, which is "Shantytown, " and unfortunately for those that do not know, the place was burnt to a crisp. There're about 30 people living there, and a few months ago, while, you know, it definitely was in my district, 62nd and 17th Avenue, you know, it was brought up to this Commission for us to address the issue, just like today, where we would had a situation where I had several homeowners in the area that had been paying taxes for God knows how long that finally felt like Liberty City was being cleaned up for whatever reason, and they were faced with "Shantytown" being on the corner of 62nd and 17th. I got -- I received a stack of petitions from neighborhood residents saying that, "Commissioner, why aren't you doing something about this?" This is a problem. Why aren't [sic] you not addressing this issue? And it is basically a public safety issue. We're afraid for our children to walk back and forth to school for whatever reason, you know, and I had to weigh a very tough decision. Now, mind you, the decision was never to drive anybody off the lots. The decision was about making sure that a candle -- as a matter of fact, I had even made reference to the candle -- could fall and burn a mattress, a cardboard box in which they're living in, and then who would become liable? The City ofMiami would become liable. People could die. That was the perspective. It had nothing to do with the City trying to be in control or any of that. It is about City ofMiami Page 41 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 just a public safety issue for me. You know, someone trying -- grew up in the neighborhood, trying to make a difference, trying to make a balance between those that were, you know, living their lives and had given everything they had to keep their homes, and feeling as though the government was letting them down. Mind you, that was my district, and even in the midst of all of that, you know -- andl respect the comments that came from the dais from two of my colleagues on here, but it was my issue. It was something that I feltl needed to address, because God forbid anybody got killed during that, for whatever reason, so I get a call this morning, start getting them about 4 or 5 o'clock this morning, until finally the Manager reaches me, and the place is burnt to a crisp, and you know, the first thing that came to my mind -- you know, first of all, I said to myself, you know what? God is a mighty god because nobody got hurt. I said, you know, it could have been easily a different way. I was told, once I arrived on that scene, that why it was burnt to a crisp, that babies or children had to be pulled out in the middle of the night, and some people were so -- you know, still asleep that they didn't see because the place kind of just went up all in -- all of a sudden, and immediately, you know, it was a shocking situation, and once I arrived on site, the first thing that came to my mind -- because, again, I'm trying my best to balance the both and do the right thing for the residents and for the people of the City ofMiami. I said to myself, you know what? Here's an instance where we allow for politics to be placed over people. Politics to be placed over people, and that was one of the things that I ran on. I don't want to ever get caught up in politics like that that I cannot, you know, look at the situation for what it really is, and thank God, nobody got hurt, but thank God, nobody got affected by it, so here's a perfect example of it may not be in my district, but my fellow Commissioners weighed in on it, so I say that to say, while I recognize that the -- there are several neighbors that do have an issue with it, you know, and they're concerned about it, I really believe, in my heart of hearts, that the good outweighs the bad, andl honestly believe, whether or not you want to hear it or not, the good does outweigh the bad, and from this perspective, I look at the issue of several things that have come to my mind regarding the issue, and one of the things that, you know -- and again, I can only speak from my perspective, and that is, you know, when I look at Mercy Hospital -- Mercy Hospital, whether anybody wants to acknowledge it -- andl understood andl understand what individuals have said on the dais this morning, that it's not really about the hospital. In the end of the day, it is about the hospital. Let's keep it all the way real. The issue is the hospital needs money. They need the money so that they have the ability to do the things they need to do to service the community. That -- I mean, that's what it's about. I mean, yes, they're changing -- there's a land use change; it's going to take place about -- from it, but the hospital's going to get the necessary upgrades, the -- we're going to be able to provide more jobs to people in the area because of it. I mean, that's what it's about. The other issue for me was the issue of the seniors, andl mentioned that earlier, and them having a safe way to access the bay, and I'm a strong supporter of that happening, and they've come out to state that and even express their support of it. When I found out that there was going to be a traffic light that was going to be put on North Bayshore Drive to assist with the traffic -- because in the beginning, that was my concern, coming out on the street, that there was no way to get out without creating some sort of traffic jam over there, only to find out there is a traffic light that's going to be placed there, and several other things. When I started counting all of the pros, there were like seven or eight pros. When I start counting the cons in it, my biggest con and the hardest decision for me was not to support Commissioner Sarnoff, despite other issues that might have taken place that have clearly been issues for me in my district. That was my biggest issue, was not supporting him. That is the thing that stood out the most to me. Then came the residents, the residents that had an issue, because I have a lot of friends from the Grove; Felice knows that. I support them, you know, and that's always been the case, but on this situation, and then when this happened this morning for me, you know, I could - - I -- a hospital, to me, whether or not we place -- we want to face it or not, is not a district issue; it is a citywide issue. Everyone goes to that hospital. If Commissioner Gonzalez, at Jackson Memorial, which is in his district, Cedars and all of that within that place, if they decided they needed to do whatever they needed to do in order to maintain and keep that hospital going, guess what? We would all weigh in on it. Every single last one of us would weigh in on it because we all have constituents and residents that go to that hospital, so with that being said -- City ofMiami Page 42 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 I mean, that is my feeling, and I've tried to really weigh this issue, and I've had a heavy heart on it, you know, but that is my viewpoint. Applause. Chairman Gonzalez: Thank you. Please. Vice Chairman Sanchez: Listen, if you could just save that -- Chairman Gonzalez: Bring this meeting to order. Vice Chairman Sanchez: -- for the next Heat game, I think they need it. Chairman Gonzalez: Before I do the roll call, I wasn't going to talk about this, but I have to now, that everyone has -- pardon me? Vice Chairman Sanchez: Let's -- why don't we vote on this issue, and then we'll -- Commissioner Spence -Jones: Let -- no. Let the record -- Vice Chairman Sanchez: -- continue the discussion. Chairman Gonzalez: No, because -- Commissioner Spence -Jones: -- I'd like the Chair -- I want to hear -- I want every Commissioner -- I would like to hear the Chairman speak on it. Chairman Gonzalez: Yeah. My vote -- I also didn't get any calls from anybody supporting the hospital, and ifI would have got a call, I wouldn't speak to the person or I wouldn't vote because it's a violation of the Jennings law, so my vote is not going to be based on the radio ads, or any TV (television) ads, if there was any TV ads or newspaper ads. My vote also is not going to be based on the -- on an e-mail (electronic) that receive in my office where -- and don't know if any of you got that e-mail, a copy of that e-mail, where I and my colleagues -- because on the first vote voted in favor of the hospital or the project of Mercy Hospital. In that e-mail, we are called corrupted we are called thieves, we are told that we are on the take, and let me tell you. Any of you that think or that knows that I'm on the take, should go to the State Attorney's Office, you know, and make a complaint, but you know what happened? There's a certain group of people here that believe that they are almighty and we, Hispanics, are Indians, and we are the corrupted politicians; we are the thieves of the County and the City, and we are destroying the City, and let me tell you. In response to the 27th Avenue Bridge, there were three projects approved in 27th -- in the Miami River, and as I many times say, in my district was one of the most neglected district of the City ofMiami, specifically the area ofAllapattah, and now that we had the opportunity of having some people trust the area and come back and start investing in the area and building affordable housing and building and creating new jobs and creating a new economy for the district and for the area ofAllapattah, a certain group of special interest have delayed those project in the courts for three years, so I haven't been able to see any development in the River or on the 27th Avenue, but I have to say that because, you know, I had to get it out of my chest, andl told Mike, from the Miami Herald, when he called me two days ago, I told him, you know, it's very sad when you get these e-mails, that -- you know, and people getting access to these e-mails of people defamating [sic] and insulting, and you know, destroying the morale and the -- and once again, hey, you know, there is the State Attorney's Office; just go there and file a complaint, and it's like the e-mail says, you know, follow the money trail, but if there is a money trail and if you have someone -- whoever wrote that e-mail, one person, three persons -- Mr. City Attorney, you're familiar with the e-mail. City ofMiami Page 43 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Fernandez: Yes. Chairman Gonzalez: OK. Anyone that has evidence that anyone here sitting at this Commission has taken money or it's on the bribe, or is on the takes or it's on the whatever you want to call it, it's your duty and your obligation to go to the State Attorney's Office and file a formal complaint. You know, step up to the table. I mean, you know, be a man, OK. Do like men do things, upfront. Don't hide before -- behind a computer to start defamation and insulting people and destroying the prestige and the morale of the people that are sitting here on this dais, so my vote is not going to be based on any of that. My vote is going to be based on the testimony that I heard here, on the arguments that I heard, on what I think is going to be the best option for that property, after hearing the different options that the owners of this property have, so that's how my vote is going to be, based on the testimony that I heard for 15 consecutive hours. Madam Clerk, do roll call, please. Vice Chairman Sanchez: I would reserve my comments for PZ.3. Mr. Fernandez: Madam Clerk, before you take a vote, I want the record to be very clear that this is a renewed motion to deny and you're voting only on PZ.1 -- Chairman Gonzalez: Yes, sir. Mr. Fernandez: -- which is a Comprehensive Plan change. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: No. Mr. Fernandez: No. Well -- Commissioner Spence -Jones: No. Mr. Fernandez: You've asked me -- Commissioner Sarnoff Mr. City Attorney -- Mr. Fernandez: No, no. Commissioner Sarnoff No. Let me just say something. Commissioner Regalado: No, no, no, no. Mr. Fernandez: The -- Commissioner Sarnoff That was highly inappropriate -- Commissioner Spence -Jones: No. Commissioner Sarnoff -- of you -- Commissioner Spence -Jones: Excuse -- City ofMiami Page 44 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Regalado: It is inappropriate. Commissioner Spence -Jones: He -- no, no, no, no, no. Commissioner Sarnoff That was -- Commissioner Spence -Jones: No one -- no, no, no, no. Commissioner Sarnoff Oh, wait, wait, wait. Commissioner Regalado: You cannot tell her -- Commissioner Spence -Jones: I -- no -- Commissioner Regalado: -- how to vote. Commissioner Spence -Jones: -- she -- wait. Mr. Fernandez: She asked me -- Commissioner Spence -Jones: Excuse me, Commissioner Regalado -- Commissioner Sarnoff Just one moment. Commissioner Spence -Jones: -- and Commissioner Sarnoff. I'm very clear of what my vote is. Commissioner Sarnoff I understand that -- Commissioner Sarnoff -- but we -- Mr. Fernandez: She asked me -- Commissioner Spence -Jones: I'm very clear what my vote is. Applause. Mr. Fernandez: Again, Mr. Sarnoff -- Commissioner Sarnoff -- Commissioner Sarnoff Mr. City Attorney -- Mr. Fernandez: Yes, sir. Commissioner Sarnoff -- I don't need the sixth Commissioner over there. Mr. Fernandez: No, and you don't have one. You only have a very strong City Attorney, and let me tell you. Commissioner -- Applause. Chairman Gonzalez: Please, no clapping. Mr. Fernandez: -- if it were not for the fact that Commissioner Spence -Jones appropriately stood, came to my side, and said, ifI intend to vote this way, what would my vote be, because I intend to vote -- and she made it very clear. I clarified the issue for her. When I heard her, five minutes after, make a contradictory statement -- I wish I hadn't had my microphone on, but I City ofMiami Page 45 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 don't regret having it on -- I told her that she was -- I said, no. That's all, and I do apologize because, perhaps, I did expend myself -- Commissioner Spence -Jones: And let's -- Mr. Fernandez: -- but it was because she asked, not because I suggested it. Commissioner Spence -Jones: -- be very clear. Commissioner Spence -Jones knows exactly what she wants to vote. Applause. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Let's continue with the roll call, please. Vice Chairman Sanchez: Continue the roll call. Ms. Thompson: Just so my records are correct, I'm showing Spence -Jones as a yes? Commissioner Spence -Jones: And l just said it's a no. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: No. Applause. Chairman Gonzalez: No clapping, please. Ms. Thompson: The motion to deny passed, 3/2. Chairman Gonzalez: All right. Commissioner Regalado: No. Mr. Fernandez: The motion to deny -- Ms. Thompson: I'm sorry. Mr. Fernandez: -- failed. Ms. Thompson: I am sorry. The motion to deny failed, 3/2. City ofMiami Page 46 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: -- as I stated, I am reserving time for PZ.3. That's where I will make -- Chairman Gonzalez: OK. Vice Chairman Sanchez: -- my argument. I will -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- move PZ.1. Commissioner Spence -Jones: Second. Chairman Gonzalez: You move to approve PZ.1? Vice Chairman Sanchez: Yes, PZ.1. Chairman Gonzalez: All right. We have a motion, and we have a second. Roll call, please. Mr. Fernandez: No. You have to read the ordinance. Chairman Gonzalez: Oh, I'm sorry. You need to read the ordinance. That's correct. The Ordinance was read by title into the public record by the City Attorney. Mr. Fernandez: Second reading. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes, ma'am. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance has been adopted on second reading, 3/2. Vice Chairman Sanchez: OK. City ofMiami Page 47 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 PZ.2 06-01060zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 44, 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 "Gil" GOVERNMENT AND INSTITUTIONAL TO "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL, WITHOUT AFFECTING THE "NCD-3" NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, AS APPLICABLE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3663 SOUTH MIAMI AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01060zc Analysis.pdf 06-01060zc Zoning Map - Old.pdf 06-01060zc Aerial Map.pdf 06-01060zc ZB 09-11-06 & CC 03-22-07 Application & Supporting Docs.pdf 06-01060zc ZB Fact Sheet 07-10-06.pdf 06-01060zc ZB Fact Sheet 09-11-06.pdf 06-01060zc ZB Reso (Old).PDF 06-01060zc CC Legislation (Version 2).pdf 06-010601u & 06-01060zc CC ExhibitA (Old).pdf 06-01060zc CC FR Fact Sheet.pdf 06-01060zc, 06-010601u & 06-01060mu CC Zoning Map - Updated.pdf 06-01060zc CC Legislation (Version 3).PDF 06-01060zc CC SR 03-22-07 Fact Sheet.pdf 06-01060zc CC 04-26-07 Application & Supporting Docs.PDF 06-01060zc ZB Reso (With Revised Legal).pdf 06-010601u, 06-01060zc & 06-01060mu CC Exhibit A (Revised Legal).pdf 06-01060zc Submittal - News Article.pdf 06-01060zc Submittal E-mail John Lukacs.pdf 06-01060zc Submittal Grove Bay Residences Motion.pdf 06-01060zc Submittal Grove Bay Residences MUSP.pdf 06-01060zc Submittal Illustration of Devp. Site.pdf 06-01060zc Submittal Jack Luft, Luft Consulting.pdf 06-01060zc Submittal Letter Hadley Williams.pdf 06-01060zc Submittal Letter- Natioanal Trust for Historic Preservation.pdf 06-01060zc Submittal Letter- US Dept of the Interior National Park Serv..pdf 06-01060zc Submittal Photos- Lucia Dougherty.pdf 06-01060zc Submittal presented by Goggins.pdf 06-01060zc Submittal presented by Henry Iler.pdf 06-01060zc Submittal presented by John Lukacs.pdf 06-01060zc Submittal Report on the Impact by Shubin.pdf 06-01060zc Submittal Report on the Impact by Subratabasu.pdf 06-01060zc Submittal Resolution presented by Ivan Rodriquez.pdf 06-01060zc Submittal Richard J. Heisenbottle.pdf 06-01060zc Submittal Shoreline Devp. Review Committee Reso..pdf 06-01060zc Submittal Size Comparison - Ellie Haydock.pdf 06-01060zc Submittal transcripts.pdf 06-01060zc Submittal viewshed impact assessment.pdf 06-01060zc CC SR Fact Sheet 04-26-07.pdf 06-01060zc Submittal Comm. Sarnoff Letter.pdf City ofMiami Page 48 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 LOCATION: Approximately 3663 S Miami Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of TRG MH Venture, Ltd., Contract Purchaser, and Mercy Hospital, Inc., Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended denial to City Commission on September 11, 2006 by a vote of 5-2. See companion File ID 06-010601u and 06-01060mu. PURPOSE: This will change the above property to R-4 Multifamily High -Density Residential, without affecting the NCD-3 Neighborhood Conservation Overlay District, as applicable, for the proposed 300 Grove Bay Residences Major Use Special Permit. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be DENIED FAILED by the following vote. Votes: Ayes: 2 - Commissioner Sarnoff and Regalado Noes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones 12912 Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 2 - Commissioner Sarnoff and Regalado Chairman Gonzalez: PZ.2. Commissioner Sarnoff Mr. Chairman, I'd like to make a motion to deny the change of zoning as follows. Our zoning ordinance specifically, Section 22-10 requires us, as Commissioners, to apply certain standards when considering a change of zoning request. The staff concluded a change of zoning was acceptable, but failed to address these required standards because they cannot be meet -- be met, excuse me. I move to deny the change of zoning because, after listening to all the testimony from two lengthy hearings and studying the record, I find that there is an overwhelming competent and substantial testimony showing that, number one, the proposed change is not in harmony with the established land use pattern. There is no evidence showing that this is -- this proposal is in harmony with the neighborhood. The proposed change is not related to adjacent and nearby districts, and there is no evidence in the record showing how it is. The change suggested is out of scale with the needs of the neighborhood and the City, and no evidence was presented to the contrary, not a scintilla, a heart of hard evidence, only the opinion testimony ofPackLuft. The proposed change does not maintain the same or similar population density pattern, and does not increase and overtax -- and does increase and overtax, the load on streets and on public facilities. The proposed change to multifamily high residential, by this application, which allows 270-plus units, will create an adverse impact on the traffic both in the short-term during the construction and during the life of any multifamily high-rise residential development due to the traffic generated by the residents, visitors, and the myriad of service people required to support the dense development allowed under the R-4 zoning, and more specifically, those folks that Mr. Luft testified would be multimillionaires living in the neighborhood. This change will affect public safety negatively to a greater extent than the existing classification. In fact, the testimony from the neighbors, who were not paid shows City ofMiami Page 49 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 overwhelming concern over the negative impact already on congested streets in the immediate neighborhood. There are no changed or changing conditions which make the passage of the proposed change necessary. Changing the zoning to R-4 high density multifamily residential, with unlimited heights, will establish a dangerous precedent for additional massive development in this single-family neighborhood. It will create the change in condition, which will be used to support the next application for similar use. The proposed change will not positively influence living conditions in the neighborhood and, in fact, will negatively influence quality of life in living conditions in the immediate neighborhoods as well as throughout Coconut Grove. The proposed change has a negative impact on the light and air to adjacent areas as the existing classification. The proposed change has a negative impact on the property values in the adjacent neighborhood. The proposed change will not contribute to the improvement or development of the adjacent property. The proposed change does not convey the same treatment to the individual owner as owners within the same classification and immediate area, and does not further the protection of the public welfare. There is absolutely no reason why the use of this site is unfairly limited under the existing zoning. It would be difficult for the developer to find -- it would not be difficult for the developer to find other adequate sites in the surrounding area for the proposed use in the districts already permitting such a use. That is the basis of my motion. Chairman Gonzalez: All right. We have a motion -- Vice Chairman Sanchez: Roll call. Commissioner Regalado: Second. Chairman Gonzalez: -- and we have a second. Roll call, Madam City Clerk. Jorge L. Fernandez (City Attorney): Yes. Vice Chairman Sanchez: To deny. Mr. Fernandez: It's, again, a renewed motion to deny. Chairman Gonzalez: To deny. All right. Priscilla A. Thompson (City Clerk): Roll call. Vice Chairman Sanchez? Vice Chairman Sanchez: No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: No. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: No. Ms. Thompson: The motion to deny fails, 2/3. City ofMiami Page 50 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: All right. Do I hear a motion -- a new motion? Vice Chairman Sanchez: Motion to approve PZ. 2, and once again, I reserve my right for PZ.3. Chairman Gonzalez: We have a motion on PZ.2. Commissioner Spence -Jones: Second. I just have -- want -- have a comment. Discussion. Second, butt second Chairman Gonzalez: OK. Discussion. You're recognized. Commissioner Spence -Jones: Real fast. The district Commissioner mentioned the project, basically, being out of scale. I'd like to have, at least, staff speak for a second on the issue of it being out of scale. Just be very clear with my, Orlando. If it's -- is it Orlando, or who is it? OK. Lourdes, OK. Currently, the project is zoned G/I (Government/Institutional), correct? Lourdes Slazyk (Zoning Administrator): For the record, Lourdes Slazyk. The property is zoned G/I, yes. Commissioner Spence -Jones: OK. With the current use that's there now, how tall can the building go? Ms. Slazyk: The G/I zoning has unlimited height. Commissioner Spence -Jones: OK, so that means that it could be as tall as what? Ms. Slazyk: As tall as the FAR (floor area ratio) and the other regulations would permit. Commissioner Spence -Jones: That wouldn't be out of scale? Ms. Slazyk: Well, the scale issue goes to your next item, PZ.3 -- Commissioner Spence -Jones: No. I'm just saying -- Ms. Slazyk: -- which is the Major Use -- Commissioner Spence -Jones: -- because I know the district Commissioner mentioned it in his reasoning for not supporting it was because one of the issues -- Ms. Slazyk: Right. Commissioner Spence -Jones: -- was it being out of scale, right? Ms. Slazyk: He -- well, in his comments, he said that the change is not in scale with the area -- Commissioner Spence -Jones: OK. Ms. Slazyk: -- but the -- this is not a project before you right now. It's just a zoning change. Commissioner Spence -Jones: OK, so I just wanted to be clear. If it was to stay as it is, as G/I, it could be a very tall building there? Ms. Slazyk: The G/I and the R-4 have the same FAR and the same height limitations. City ofMiami Page 51 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: Which means there could be much more people coming in and out of that area, correct? Ms. Slazyk: That would depend on whatever project was being done, but they're equivalent in height and density. Commissioner Spence -Jones: OK. I just wanted to be very clear on it. Thanks. Commissioner Sarnoff IfI may voluntarily suggest something to those who are about to vote. You're about to make a zoning change in R -- to Coconut Grove that provides for an R-4. If this project is not built, you will have an R-4 designation in Coconut Grove in perpetuity. I strongly urge those of you who seem to understand my neighborhood infinitely better than me that you demand a voluntary proffered covenant limiting development of this site to a residential unit of no more than 240 to 270 units, and a maximum FAR of what the developer intends on building, because if this -- you should find out that there's a condo glut in Miami, should any of you have read the papers, and if you should find out that in three years, there will be an overbuilding of Miami, should you be following the real estate market, there is an absolute distinct possibility this building will never be built; yet, you will be saddling my neighborhood, my district, my community, my Coconut Grove with an R-4 designation in perpetuity, so for all of you that think you know better, you should consider a covenant, voluntarily proffered right now, by the developer. Commissioner Spence -Jones: I'm willing to support that. Vice Chairman Sanchez: All right, but -- that's PZ.3. When we get to PZ.3, we could address all that. Commissioner Spence -Jones: Well, the district Commissioner wants to have it addressed now, so I support him having it addressed now, so his question is will they be willing to proffer that on the record now. Chairman Gonzalez: Mr. City Attorney, will that open the floor for a new -- Commissioner Regalado: Yes. Chairman Gonzalez: -- public hearing? Mr. Fernandez: Yes, it would, and my -- Chairman Gonzalez: OK. Mr. Fernandez: advice to you would be that, at this time, you do not open for that. I -- Commissioner Spence -Jones: No problem. No problem with waiting. We'll do it at PZ.3, but support that 100 percent. Chairman Gonzalez: All right. Will you, please, read the ordinance, Mr. City Attorney? We have a motion and a second. Mr. Fernandez: Yes. Well, no. There is no read -- no need to read the ordinance if it's on a motion for denial -- andl correct myself. This is not the renewed motion to deny. This is a first time that a motion has been made on this item, and so, therefore, it is a motion to deny -- Commissioner Regalado: No, no, no. City ofMiami Page 52 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: No. Ms. Thompson: No. Vice Chairman Sanchez: To approve. Chairman Gonzalez: The motion -- Ms. Thompson: The mo -- Chairman Gonzalez: -- to deny already failed Commissioner Regalado: We voted -- Ms. Thompson: That's correct. Commissioner Regalado: -- already. Vice Chairman Sanchez: To approve. Chairman Gonzalez: Already failed Mr. Fernandez: Oh, I'm sorry. I've -- I'm getting myself too many messages here. It is a motion to approve. The motion to deny failed and let me read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Commissioner Sarnoff Let me just caution my Commissioners once again. For those of you that seem to know better than the District 2 Commissioner, you should be proffering a friendly amendment. You are about to saddle Coconut Grove with an R-4 designation, andl hope everybody will remember this day well, because you're not asking a covenant to run with the land. Vice Chairman Sanchez: Commissioner -- Commissioner Spence -Jones: But Commissioner, didn't the -- Vice Chairman Sanchez: -- you could proffer that in RE. 4 [sic]. Commissioner Spence -Jones: -- City Attorney just say that we could not -- Commissioner Sarnoff It could be voluntarily offered. Mr. Fernandez: It -- Commissioner Spence -Jones: Can -- Mr. City Attorney, can that be proffered on the record? Chairman Gonzalez: Can we impose a condition on the record? Vice Chairman Sanchez: On PZ.3. Chairman Gonzalez: On PZ.3. City ofMiami Page 53 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Sarnoff No, no -- Vice Chairman Sanchez: PZ.3. Commissioner Regalado: No. Commissioner Sarnoff -- no, no, no. Commissioner Regalado: No. Mr. Fernandez: No. On PZ. 2 -- Commissioner Sarnoff It can be done on PZ.2 with a voluntary tender. Commissioner Spence -Jones: OK, and does -- Mr. Fernandez: I will agree with Commissioner Sarnoff that -- but I'd much rather not have -- I if it is going to be a voluntary proffer that does not then involve additional comments by those who may be opposed and would want it higher or lower, then on that basis, then I will consult with the attorney for the -- Chairman Gonzalez: The opposition -- Mr. Fernandez: -- applicant momentarily. Chairman Gonzalez: -- is shaking their heads as a no -- Vice Chairman Sanchez: Well. Chairman Gonzalez: -- so -- Mr. Fernandez: Well -- and so then -- Chairman Gonzalez: -- it's a dead issue. Mr. Fernandez: -- therefore, it's up to the City Commission. If the City Commission -- Chairman Gonzalez: No. Mr. Fernandez: -- wants to open -- Chairman Gonzalez: It's up -- no, no. Vice Chairman Sanchez: No, no, no, no, no. Chairman Gonzalez: The City Commission -- no. The Chair is not going to open the public hearing again. I was very clear of that. I'm not opening the floor again for discussion. We vote -- we said that we were going to vote for the issue -- for the items, so let's vote. Commissioner Sarnoff Mr. -- Chairman Gonzalez: Up or down. Commissioner Sarnoff Mr. Chairman -- City ofMiami Page 54 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: Make up your minds. Commissioner Sarnoff -- I don't think that allowing a voluntary proffer by the developer would be -- Chairman Gonzalez: Commissioner Sarnoff, the attorneys for the opposition started to shake their head, and they get up their seat right away -- Commissioner Sarnoff Lawyers shake their head all the time. I do it -- Chairman Gonzalez: Oh, yeah -- Commissioner Sarnoff -- all the time myself. Chairman Gonzalez: -- and lawyers also create -- Commissioner Sarnoff Sometimes it's the nervousness on their part. Chairman Gonzalez: -- cases that last for a year or two years because that's the way lawyers make their living -- Commissioner Sarnoff I -- Chairman Gonzalez: -- you know. Commissioner Sarnoff -- absolutely. Mr. Chairman, I think we all know this is not going to end it right here. I'm just trying to put a Band-Aid on a very bad situation. Chairman Gonzalez: Well -- Commissioner Sarnoff I'm trying to make sure that an R-4 designation in the Grove has a voluntary proffer. I think the developer would make the proffer -- Chairman Gonzalez: Listen, andl heartily agree -- Vice Chairman Sanchez: We haven't heard it. Chairman Gonzalez: -- with you. If there were a way to do what you want, believe me, I would be supporting you -- Commissioner Sarnoff I think you have -- Chairman Gonzalez: -- but -- Commissioner Sarnoff -- the power and the ability, and you just deny them the ability to respond. Chairman Gonzalez: Well, but they -- that would be challenged in court. Commissioner Spence -Jones: Yes. Commissioner Sarnoff Everything here will be challenged in court. Chairman Gonzalez: Mr. City Attorney. City ofMiami Page 55 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Unidentified Speaker: Then vote for it. Mr. Fernandez: Again -- Unidentified Speaker: Let them challenge it in court. Chairman Gonzalez: Yeah, let them challenge to the court, right. Commissioner Sarnoff Let me ask this question. Has staff -- can staff come up and address a covenant, since staff seems to be allowed to speak to us? Mr. Fernandez: Yes, but staff cannot proffer it. In the event that there is a covenant to be proffered, it would be appropriate that it would be proffered as part of the rezone. Chairman Gonzalez: What about if we -- can we --? Mr. Fernandez: But you know, the proffer, by the way, if it's voluntary in nature, and if the applicant is hearing this discussion, nothing preclude them from voluntarily imposing it on themselves and having it be part of the record. Yeah. The -- staff is, in fact, informing me -- and you know, you can hear it directly from staff, that staff may be in a position to look at the nature of the covenant that will be proffered, and then you can ask their opinions about it of staff, and then on the basis of that, you can, in fact, make a decision, but it should not be open to the -- to anyone. If you open it to anyone, my opinion to you would be, that you would be susceptible to a real challenge by a court, you know, in terms of allowing some to speak and others not. Chairman Gonzalez: All right, so where do we stand? We -- do we vote on it as it is or what? Mr. Fernandez: The motion stands without a proffer. Chairman Gonzalez: All right, without a proffer. Roll call, please. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff No, ma'am. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes, ma'am. Ms. Thompson: Then Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance has been adopted on second reading, 3/2. PZ.3 06-01060mu RESOLUTION "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND City ofMiami Page 56 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 APPROVAL BY CITY ATTORNEY." 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 300 GROVE BAY RESIDENCES PROJECT, TO BE LOCATED AT APPROXIMATELY 3663 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A THREE -BUILDING RESIDENTIAL DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 228 FEET TO 308 FEET TO BE COMPRISED OF APPROXIMATELY 225 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 642 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 57 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 06-01060mu - PAB Fact Sheet.pdf 06-01060mu - PAB Analysis.pdf 06-01060mu - 3D Photo.pdf 06-01060mu - PAB Zoning Map - Old.pdf 06-01060mu -Aerial Photo.pdf 06-01060mu - Projects in the Vicinity.pdf 06-01060mu - Traffic Sufficiency Letter (6.7.06).pdf 06-01060mu - Plat and Street Committee Letter (6.6.06).pdf 06-01060mu - HEPB Resolution (6.6.06).pdf 06-01060mu - UDRB Resolution (5.17.06).pdf 06-01060mu - Large Scale Development Committee Sign -In Sheet (5.17.06).pdf 06-01060mu - School Board Comments (5.05.06).pdf 06-01060mu - MDAD Planning Comments (5.2.06).pdf 06-01060mu - Solid Waste Comments (5.1.06).pdf 06-01060mu - Public Works Comments (4.28.06).pdf 06-01060mu - Pre -Application Meeting Sign -In Sheet (4.20.06).pdf 06-01060mu - IDRC Comments (4.4.06).pdf 06-01060mu - Miami -Dade Transit Bus Maps (Routes 12 & 48).pdf 06-01060mu - Mercy Hospital MUSP Resolution 93-608 (9.27.93).pdf 06-01060mu - DCA Mercy Hospital DRI letter (7.12.93).pdf 06-01060mu - PAB Legislation.pdf 06-01060mu - ExhibitA (Old).pdf 06-01060mu - Exhibit B.pdf 06-01060mu PAB Reso.PDF 06-01060mu Outside Cover.PDF 06-01060mu Inside Cover.PDF 06-01060mu Table of Contents.PDF 06-01060mu Project Information.PDF 06-01060mu Letter of Intent.PDF 06-01060mu Major Use Special Permit, Rezoning and Land Use Applications (Old).PDF 06-01060mu Zoning Write Up.PDF 06-01060mu Zoning Atlas.PDF 06-01060mu Project Data Sheet.PDF 06-01060mu Deed Property Printout.PDF 06-01060mu Ownership List.PDF 06-01060mu State of Florida Documents.PDF 06-01060mu Owner's Authorization Letter.PDF 06-01060mu Directory of Project Principals.PDF 06-01060mu Project Description.PDF 06-01060mu Supporting Documents.PDF 06-01060mu Minority Construction Employment Plan.PDF 06-01060mu Traffic Impact Analysis.PDF 06-01060mu Site Utility Study.PDF 06-01060mu Economic Impact Study.PDF 06-01060mu Survey of Property (Old).PDF 06-01060mu Drawings Submitted.pdf 06-01060zc, 06-010601u & 06-01060mu CC Zoning Map - Updated.pdf 06-01060mu CC Analysis.pdf 06-01060mu CC Legislation.PDF 06-01060mu CC Fact Sheet.pdf 06-010601u, 06-01060zc & 06-01060mu Revised Survey & Legal Description.PDF 06-010601u, 06-01060zc & 06-01060mu CC Exhibit A (Revised Legal).pdf 06-01060mu Major Use Special Permit, Rezoning and Land Use Applications (With Revised Legal City ofMiami Page 58 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 06-01060mu Submittal - News Article.pdf 06-01060mu Submittal E-mail John Lukacs.pdf 06-01060mu Submittal Grove Bay Residences Motion.pdf 06-01060mu Submittal Grove Bay Residences MUSP.pdf 06-01060mu Submittal Illustration of Devp. Site.pdf 06-01060mu Submittal Jack Luft, Luft Consulting.pdf 06-01060mu Submittal Letter Hadley Williams.pdf 06-01060mu Submittal Letter- Natioanal Trust for Historic Preservation.pdf 06-01060mu Submittal Letter- US Dept of the Interior National Park Serv..pdf 06-01060mu Submittal Photos- Lucia Dougherty.pdf 06-01060mu Submittal presented by Goggins.pdf 06-01060mu Submittal presented by Henry Iler.pdf 06-01060mu Submittal presented by John Lukacs.pdf 06-01060mu Submittal Report on the Impact by Shubin.pdf 06-01060mu Submittal Report on the Impact by Subratabasu.pdf 06-01060mu Submittal Resolution presented by Ivan Rodriquez.pdf 06-01060mu Submittal Richard J. Heisenbottle.pdf 06-01060mu Submittal Shoreline Devp. Review Committee Reso..pdf 06-01060mu Submittal Size Comparison - Ellie Haydock.pdf 06-01060mu Submittal transcripts.pdf 06-01060mu Submittal viewshed impact assessment.pdf 06-01060mu CC Fact Sheet 04-26-07.pdf 06-01060mu Submittal Comm. Sarnoff Letter.pdf LOCATION: Approximately 3663 S Miami Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of TRG MH Venture, Ltd., Contract Purchaser, and Mercy Hospital, Inc., Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* to City Commission on June 6, 2006 by a vote of 8-0. PLANNING ADVISORY BOARD: Recommended denial due to the failure to obtain the majority of affirmative votes in favor to City Commission on September 20, 2006 by a vote of 3-3. See companion File Ds 06-010601u and 06-01060zc. *See supporting documentation. PURPOSE: This will allow the development of the 300 Grove Bay Residences project. Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 2 - Commissioner Sarnoff and Regalado R-07-0244 Chairman Gonzalez: PZ.3. City ofMiami Page 59 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Mr. Chairman, ifI be -- could be recognized. Well, let me allow the district Commissioner the opportunity -- I would yield to the district Commissioner on PZ.3. Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, I believe that what Commissioner Sarnoff was trying to address, while ideally should have been part of PZ.2, it can be -- have the same effect, the same impact, I believe, if incorporated in PZ.3. Vice Chairman Sanchez: Mr. Chairman, let -- Chairman Gonzalez: OK, but what will be the conflict on PZ.3? Will that trigger a public hearing again -- Vice Chairman Sanchez: No. Chairman Gonzalez: -- or it could be included as a condition of the Commission on PZ.3? Mr. Fernandez: It's a condition on the MUSP (Major Use Special Permit), which is what PZ.3 is about. It's a resolution, and it's a resolution approving or denying the MUSP, and it is appropriate for conditions -- Chairman Gonzalez: My question -- Mr. Fernandez: -- to be imposed. Chairman Gonzalez: -- is can the Commission impose a condition on -- Vice Chairman Sanchez: Yes. Chairman Gonzalez: -- the MUSP -- Mr. Fernandez: Yes. Chairman Gonzalez: -- without opening a -- Commissioner Sanchez: Yes. Chairman Gonzalez: -- public hearing? Mr. Fernandez: Yes, most definitely. Chairman Gonzalez: All right. Mr. Fernandez: In fact, all the conditions that you will be imposed will be without public input. Chairman Gonzalez: All right. Vice Chairman Sanchez: Mr. Chairman, ifI could be recognized? Chairman Gonzalez: Yes, sir, you're recognized. Vice Chairman Sanchez: Mr. Chairman, as you know, I have reserved my time for PZ.3 because it -- PZ.3 is -- we could impose conditions on this matter. This Commission made a very wise decision to give it a month so we could review all the documents, be able to sit down with staff and come up with a positive solution, andl think that was very important for us. It was unfair for, after almost 15 hours, 7 or 8 expert witnesses, God knows how many public input that we City ofMiami Page 60 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 have, us to come here and, in less than five minutes, make a decision. My decision is based on competent substantial evidence that's presented to us, so that's why it was very important for me to have an opportunity to sit down and go through all the records, all the testimonies that were presented; have an opportunity to sit down with staff so when I make a decision, whatever that decision may be, it is a determined, smart decision that I could live with when I make my decision. Now, I'll tell you this much. When this project came in front of us, I was not going to support this project. When some of the suggestions of reducing the project came in front of us, I was not going to support it either, but think that the situation that we're in, that we could make and we could impose conditions, I think that to find a reasonable compromise on this -- and that's what it's all about, based on the substantial evidence, I will move the item, PZ.3, with the following conditions. These conditions may be accepted by the developer or may not be developer [sic], but let me tell you what my message is. Mr. Developer, take it or leave it. My first condition, and then, of course, Commissioner Sarnoff, I am prepared to, as the district Commissioner, allow you to make a friendly amendment with the condition that you wanted to put forth, because we can impose conditions on MUSPs. My first conditions, and I'm asking for a reduction of 25 percent across-the-board for the project; second, I am imposing a condition that the applicant mitigate the tree line so that the development cannot be seen from Vizcaya. Therefore, I do not want to impact or negative impact on one of the greatest treasures that we have in our City and our County. Then I also want to impose another condition. We in the City have really focused on environmental friendly development, andl think it's important a developer with such a name to lead the way, andl would ask that the applicant construct a building with minimal Silver T,FED (Leadership in Energy and Environmental Design) certification as a green building, and that is the conditions that want to put forth, and before I turn it over to the district Commissioner, let me just say that Commissioner Sarnoff, I respect you. I think that you have gone down fighting on this issue, and your arguments that have been made have been made -- I have limited my arguments because, ladies and gentlemen, every time that you have such a controversial item, as this one, and you have court reporters here taking every word they said, believe me, this will not stop here. This will go in front of a three judge panel, and that's why I have limited my statements, so having said that, Commissioner, if you want to make a motion to amend my motion, I would accept the proffer of the covenant that will revert the property, if it's not built. Chairman Gonzalez: All right. Commissioner Sarnoff Mr. -- Chairman Gonzalez: We have a motion. Is there a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: And there is a second. Commissioner Sarnoff Mr. Chairman, I'm not going -- I'm -- and to the Vice Chair, I do laud a number of things you stated with regard to this MUSP. I can't support this MUSP, but I will tell you some things that I think that are essential for you to make this a better project. I think you should elevate yourself from a silver building, which we're easily achieving these days, but to a gold standard, and have the first gold building in Miami from the LEED gold standard. I think you also should consider a well lighted bay walk with a minimum width of 25 feet, open to the public at all times; design and construction subject to be the approval of the District 2 Commissioner or the City Manager, if you would prefer; a public bike path, sidewalk on a wider road leading to the public bay walk from South Bayshore Drive; signage located on South Bayshore Drive, approved by the City Manager, inviting the public; a public park of at least 10,000 square feet; design/build park subject to the approval of the City Manager, including installation of landscaping, sods, sprinklers, outdoor drinking water, dog water fountain, fenced dog area, trash bin, plastic dog bag dispensers, signage identifying it as a park and other public City ofMiami Page 61 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 amenities. Vice Chairman Sanchez: Is there anything else you'd like to add onto this list? Commissioner Sarnoff I have a number of things that think you should consider. Vice Chairman Sanchez: Commissioner, with all due respect, I think you need to be very reasonable on this. I have proffered these three conditions, what I consider to be reasonable, if they're accepted or not. The developer could go, it doesn't work, 25 percent reduction doesn't work. I think that our responsibilities -- and we're not philosophers; we're legislators -- is to hear the public and try to find a reasonable compromise for the sake of the future of the City. Let us not be paralyzed by fear. We need to invest hope in the future. That's my philosophy. Applause. Chairman Gonzalez: All right, all right, all right. Commissioner Sarnoff Well, let me make one further suggestion -- Chairman Gonzalez: All right. Commissioner Sarnoff -- since you're about to impact the neighborhood substantial. You should be required to shuttle all construction workers to and from the site from a remote location from the Grove, perhaps even under the Metrorail so that you don't have to have all the parking of all the construction workers in and about the project for the next eight to ten years, which is what it will take for phase I, phase II, and phase III of this project to be completed. Vice Chairman Sanchez: Commissioner, those items, I'll take into heart, because ifI want to do something is, I want to have the minimal impact to Vizcaya and the residents as when it comes to the construction because we're experiencing that throughout the City, so if you would like to proffer that, as long as it's a reasonable condition, I will accept it, and there's already -- for the record, there's a motion and a second, with three conditions. If you would like to add that to the conditions, that'll be the fourth condition. I think it's important -- Chairman Gonzalez: What about --? Vice Chairman Sanchez: -- for the sake of keeping the record, that we do have those conditions in place, so we could hold developer's feet to the fire on them. Chairman Gonzalez: What about the original condition of the R-4? Vice Chairman Sanchez: Well, he -- Commissioner's not proffered it. Mr. Fernandez: Well, the MUSP -- Commissioner Sarnoff I don't think it could be done right now. Mr. Fernandez: -- is a residential MUSP, and that, in itself is a limiting condition. If they decide to do anything else other than the site -- Lourdes Slazyk (Zoning Administrator): They got to come -- Mr. Fernandez: -- other than what this MUSP contains, they're going to have to come for a major modification, and at that point in time, it's in essence -- you know, the MUSP accomplishes what that proffer would have, in essence. City ofMiami Page 62 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Slazyk: Right. The -- Mr. Fernandez: However, staff needs clarification, Commissioner Sanchez, because we would need to reduce, in writing, the conditions -- Vice Chairman Sanchez: Let me put the conditions -- first of all, if the developer cannot accept the conditions, he could come up and say, listen, I don't accept the 25 percent. Mr. Fernandez: No, they cannot come up. Chairman Gonzalez: Nope, they cannot come up. Ms. Slazyk: To -- well -- Vice Chairman Sanchez: Oh, apologize. I apologize. Mr. Fernandez: And you may impose any conditions -- Vice Chairman Sanchez: Well, those are the conditions I'm imposing. Mr. Fernandez: -- whether they like them or not. Vice Chairman Sanchez: Let me just read for the record -- did you get the conditions? Ms. Slazyk: Yeah. I have a few questions to clam the conditions. Vice Chairman Sanchez: All right. Let's clam the conditions. Ms. Slazyk: First of all, just to follow up on what the City Attorney said, they are required to record this development order, so once all these conditions are in, it's going to be recorded on their property -- Vice Chairman Sanchez: OK. Ms. Slazyk: -- and they -- that's -- that has to be done. First of all, you asked for a reduction, 25 percent across-the-board on the project. I assume you meant height and the density. Vice Chairman Sanchez: Height. Ms. Slazyk: The density into FAR (floor area ratio), height, and number of units. I don't -- I assumed you didn't mean parking, setbacks -- I want to clam exactly what you meant. You want 25 percent reduction in height, number of units, and FAR? Vice Chairman Sanchez: And FAR. Ms. Slazyk: Were those the three --? That's what assumed. I wanted to clam. Height, FAR, and units. Secondly, you had a requirement that they had to mitigate the tree line with respect to the view from Vizcaya. Vice Chairman Sanchez: To protect the view from Vizcaya. Ms. Slazyk: OK. Did you mean 100 percent or did you -- we have to know, because when they come in with the plans, we have to know was it a mitigation -- it has to be a little more clear, or we won't know whether they really met the condition. City ofMiami Page 63 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Well, listen, it's hard to clearly define -- Ms. Slazyk: I know. Vice Chairman Sanchez: -- that. I want minimal impact. I mean, how it -- Ms. Slazyk: Well, the second part is that this requires trees to be placed on someone else's property off site, and -- Vice Chairman Sanchez: Who would that be? Ms. Slazyk: Well, if the -- Vice Chairman Sanchez: It's Vizcaya? Ms. Slazyk: -- property's going -- if it's going to be on the Vizcaya property, they're going to require the Vizcaya acceptance of those trees. What we could do is leave -- you know, to mitigate the impact of the view, but if for some reason, the trees are not accepted by the recipient, bring just that condition back to this Commission to see if you could do something else. Vice Chairman Sanchez: Well, you know, I want to try to avoid that because, I mean, if they don't -- we'll be back here again -- Ms. Slazyk: OK. Vice Chairman Sanchez: -- if they can't come to an agreement. Ms. Slazyk: All right, so we can -- Vice Chairman Sanchez: I think we're going to do the best that we can to protect that view, and I think that by 25 percent reduction, by adding these fifty -some feet oak trees -- Ms. Slazyk: Right. Vice Chairman Sanchez: -- to Vizcaya, you're going to minimize the impact, the negative impact that it's -- Ms. Slazyk: All right. Vice Chairman Sanchez: -- going to have, and -- Ms. Slazyk: What -- Vice Chairman Sanchez: -- the other is a very simple condition. That, of course, is the minimum silver LEED -- Ms. Slazyk: Right. Vice Chairman Sanchez: -- certification as to a green building. Ms. Slazyk: Yeah. That one, I didn't have any questions on, and on the final one, the -- Commissioner Sarnoffs amendment regarding the shuttle construction workers to remote sites. The MUSP already includes a requirement that they have to turn in a full construction operational plan; that this will be added to their requirement that, at a minimum, they have to City ofMiami Page 64 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 use remote sites and -- Commissioner Spence -Jones: Well -- Commissioner Sarnoff Ms. Slazyk -- Ms. Slazyk: -- operate shuttles. Commissioner Sarnoff -- well, let me ask you a question, because I'm not sure I understand what a 25 percent reduction means, height wise. What would that be? Ms. Slazyk: Twenty five percent from the height of their application. Commissioner Sarnoff What is their application? Ms. Slazyk: Their application has the 411 feet -- I forgot the heights of the other two buildings. Commissioner Sarnoff So who's the mathematician here? What's the new height? Ms. Slazyk: The 25 percent height of 411 is -- Unidentified Speaker: 310. Ms. Slazyk: -- 3 -- yeah, 310 approximately, yeah, and then the others would also have to come down across-the-board 25 percent. Commissioner Sarnoff And would that also then -- and then -- am I looking at the 300 total multifamily residential units? So that would be reduced by 25 percent? Ms. Slazyk: Correct. Commissioner Sarnoff And who's the mathematician? That would bring it down to 2 -- Chairman Gonzalez: It would bring us to 75 out of 300. Twenty five percent of -- Commissioner Sarnoff Twenty five -- Chairman Gonzalez: -- 300 is 75. Commissioner Sarnoff -- so it would be 225? Vice Chairman Sanchez: Yeah. Ms. Slazyk: 225. Commissioner Spence -Jones: Lourdes, I just want to add a little -- ifI can add -- ifyou don't mind, I want to add something onto the -- I'm going to let him finish -- Commissioner Sarnoff finish first. Commissioner Sarnoff All right. Commissioner Spence -Jones: The only condition that would like to, at least, have added to theirs is that -- andl want to just be clear we can do this -- is to make sure that there is some serious outreach. I mean, there's going to be a lot of jobs that is going to come from actually building the building in the area. I'd like to see some serious outreach happen from the City ofMiami Page 65 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 developers to make sure that, at least, we reach out to the folks in the West Grove and the surrounding areas to make sure that they have an opportunity to participate because that's a lot of work that could take place, laborers and contractors, so I would like to, at least, see that there's some outreach that goes to the West Grove so they can benefit from this, and the -- let me finish, Commissioner Sanchez. Commissioner Sarnoff Put a requirement in there. Commissioner Spence -Jones: Well, that's what I'm doing, butt really want to make sure -- we say first source, but I'm going to tell you, it -- with first source right now, what we have, we need to really think -- rethink it because a lot of times it's just not happening the way it should. I'm saying and putting it on the record that I definitely want to make sure the people in West Grove have the opportunity to, at least, be afforded the opportunity to work within their own neighborhoods and their own communities -- Ms. Slazyk: All right. Commissioner Spence -Jones: -- so a serious outreach -- do the first source, too. True, I'm not taking it away, but I want to see that the developers actually really go out their way to make sure that that happens, and then last, but not least, I just --I know that we just voted on earlier, andl guess this is more of appeal to them, regarding the issues of ex felons and people that have made mistakes in their lives; that this is a voluntary type of thing. I would also ask or appeal to the developers to, at least, have some sort of consideration on individuals that may have the opportunity to work in -- on site. Ms. Slazyk: OK. What I'm going to put is the developer shall utilize all available construction and other job placement programs in the community, including first source hiring for this project. Commissioner Spence -Jones: Right, and I'd like you to definitely target the West Grove in that. Ms. Slazyk: All right. Specifically -- Vice Chairman Sanchez: The maker of the motion accepts the amendment, as part of a condition. Ms. Slazyk: All right, and just to clam once -- just to be really sure. The 25 percent reduction across-the-board is height on each of the buildings, not the one height for one -- Vice Chairman Sanchez: Across-the-board. Ms. Slazyk: Across-the-board, each building needs to come down by the 25 percent. Mr. Fernandez: And that is from the original application. Ms. Slazyk: From the original application as submitted on file. Vice Chairman Sanchez: All right. Let's -- Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: All right. Yes, sir. Commissioner Regalado: Question for the City Attorney. Mr. City Attorney, since you have established this policy of "don't ask, don't tell," how do we know if this project has been City ofMiami Page 66 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 approved? If we don't know if the developer accepts or not the condition, how do we know? How do the people know that the project will go on or has been killed? Vice Chairman Sanchez: We'll be advised. Mr. Fernandez: The -- you have the absolute right to impose the conditions you're imposing. Commissioner Regalado: No, no, no, no. We have the right to impose the world -- Mr. Fernandez: Yes. Commissioner Regalado: -- and we have done -- we sit here like architects and engineer and we done this and that, and two floors, but my question has to do, how do we know, if we cannot ask and they cannot tell, that this project has been approve or not? Mr. Fernandez: Well, it -- Commissioner Regalado: It doesn't matter the votes here. What matters if the developer accepts or not the conditions. Am I trying -- I'm trying to understand something here, but I just can't, because we are going to leave here waiting for tomorrow's paper -- Ms. Slazyk. Right. Commissioner Regalado: -- to see the reaction of the developer to understand whether the project was approved or not. Am I right or not? Mr. Fernandez: You may hear it tomorrow. You may hear it six months from now. Commissioner Regalado: Tonight, at 6 o'clock. Tune in. Mr. Fernandez: You may hear it at 6 o'clock. Commissioner Regalado: 6 o'clock. Mr. Fernandez: I don't know because I do not read -- Commissioner Regalado: But you see, that is bad government. Mr. Fernandez: Well -- Commissioner Regalado: It is very bad government, because we represent the people. We are supposed to take decisions. We are supposed to face the people with our vote, whether they like it or not, and we are going to walk out of here, you know, washing our hands, say -- Mr. Fernandez: Well -- Commissioner Regalado: -- it's up to the developer; not to us. That is wrong. If you cannot take the heat, you have to get out of the kitchen. That's very simple. We need to know whether the project has been approved or not. That is simple. Otherwise, it's bad government, regardless -- Chairman Gonzalez: I -- Commissioner Regalado: -- of what you can say. City ofMiami Page 67 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Fernandez: OK. Chairman Gonzalez: -- have to disagree with you. The project has been approve or will be approve by this Commission with the conditions. If the developer decide that he doesn't want to meet the conditions, then there would be no project. Commissioner Sarnoff No, no, but you're wrong, because now you've just changed the zoning -- Commissioner Regalado: You changed the zoning. Commissioner Sarnoff -- to R-4 -- Commissioner Regalado: You changed the zoning. That's the point. Commissioner Sarnoff -- so what you have done -- right. Supposing this developer thinks, gosh, that was one onerous amendment Joe Sanchez gave me. It just is not worth me building this anymore, but hey, I got the rights to this property. I have an R-4 designation in Coconut Grove. I could build to whatever height and density I choose. Ms. Slazyk: No. Commissioner Sarnoff That's what you've done because -- Vice Chairman Sanchez: But why don't you proffer the amendment? Commissioner Sarnoff There's no amendment to make; you've passed R-4 without -- you have given him an R-4 designation, and you cannot force him to build in accordance with his plans. That's the mistake that was made. Applause. Vice Chairman Sanchez: Lourdes, you need to set the record straight on that. I definitely -- Chairman Gonzalez: Mr. City -- Vice Chairman Sanchez: -- disagree with him. Ms. Slazyk: OK. With respect to what Commissioner Sarnoff said, if they choose to abandon their MUSP, they have R-4, but it's waterfront property. They can't build anything there without another special permit, which will come back -- Vice Chairman Sanchez: There you go. Ms. Slazyk: -- to this Commission. It -- either way, if they abandon this project -- Vice Chairman Sanchez: Comes back to us. Ms. Slazyk: -- whatever they're going to build there will come back for a -- at a minimum, a Class II, and anything over the MUSP thresholds will come back here, so -- Vice Chairman Sanchez: All right. Mr. Chairman, I respectfully request that we vote on the issues. Ms. Slazyk: What -- City ofMiami Page 68 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: We'll have to wait -- Ms. Slazyk: -- I've been asked to clarify, once and for all, 100 percent, the 25 percent reduction -- I'm sorry to do this again, but was asked and somebody asked me again to be crystal clear -- 25 percent across-the-board is off of their application as filed not off of the other reductions that they, you know, were going to be proffering today as part of a settlement. This is 25 percent off of the 411, and the other two buildings as proposed in their application. Clear -- that's it. The rest I've got. Chairman Gonzalez: All right. Why don't you do roll call on this item, too, please? Ms. Thompson: Just -- andl would like to make sure with the City Attorney that -- Mr. Fernandez: I can't hear you, ma'am. Ms. Thompson: I would like to make sure with you that those conditions that were just made go - - now modifies your resolution? Ms. Slazyk: Yes, it does. Mr. Fernandez: Yes, they do. Ms. Thompson: Thank you. Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: As amended, yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: As amended, yes. Ms. Thompson: The resolution passed, 3/2. Chairman Gonzalez: All right. Vice Chairman Sanchez: A recess? Applause. Chairman Gonzalez: All right. No clapping. All right. We're going to go into lunch recess. We'll be back at 2: 30 this afternoon. PZ.4 06-01056Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 69 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 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 21 ST 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 06-010561u submittal pettition by various.pdf 06-010561u submittal pettition by Viscaya Home Owners Assoc..pdf 06-010561u submittal photo.pdf 06-010561u submittal photos.pdf 06-010561u submittal status of certificate of use.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. 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: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 2 - Commissioner Sarnoff and Regalado Chairman Gonzalez: All right. First item in the afternoon is PZ.4 and PZ.5. PZ.4. Good afternoon. City ofMiami Page 70 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Harold Ruck (Planner II, Planning): We're ready? OK. Chairman Gonzalez: Go ahead. Mr. Ruck: Good afternoon. I'm Harold Ruck, with the Planning Department. This, as you stated, is a companion item with PZ.5. This particular -- PZ.4 deals with a future land use change. The proposal at the properties located at approximately 1292 Southwest 21 st Terrace and 2149 Southwest 13th Avenue has been reviewed for a change of the future land use plan map of the Comprehensive Neighborhood Plan from single-family residential to restricted commercial. The subject lots comprise two lots at approximately .5 acres, and are located on the southeast corner of Southwest 21 st Terrace and Southwest 13th Avenue. The Planning Advisory Board recommended denial. The Planning Department recommends denial based on the following findings: The lots immediately east, west, and north of the subject lots are designated single-family residential. The character of the Southwest 21st Terrace is low density residential, specifically single-family residential. The single-family residential category allows nine residential units per acre and the requested restricted commercial designation will allow 150 residential units per acre. The Comprehensive Neighborhood Plan Land Use-1 Goal encourages a land use pattern that protects and enhances the quality of life in the City's residential neighborhoods and promotes the efficient use of land and minimizes land use conflicts, and Policy 11 -- LU-1.1.3 provides for protection of all areas of the City from the encroachment of incompatible land uses. These findings support the position that the future land use map at this location should not be changed. Thank you. Chairman Gonzalez: Thank you. Good afternoon, Vicky. Vicky Garcia -Toledo: Good afternoon. For the record, Vicky Garcia -Toledo, with the law firm ofBilzin Sumberg, with offices at 200 South Biscayne Boulevard. I'm joined here today by my associate, Mr. Carlos Gimenez, and we are appearing on behalf of the Palomo family, who has a long-standing relationship with the area in which this application is located. We also -- andl -- andMr. Chairman, just to expedite a little bit, I will be doing a presentation. My presentation will be followed by three consultants that you will need to hear from. They are Mr. Behar, who's the architect of the project; Mr. Guillermo Olmedillo, who is the land use and zoning consultant, andMr. McWilliams, who is our traffic engineer. Shortly, upon their conclusions, there will be a very brief video that will be shown to you, and that will be followed by, I promise you, less than two -minutes presentation from the owner and proposed developer of the site, Mr. Palomo. At that point and time, we will ask -- we will rest our case and save some time for rebuttal. IfI may share with you the location of this property at 1292 Southwest 21 st Terrace and 2149 Southwest 13th Avenue, it is in the corner of Coral Way and 13th Avenue, or Cuban Freedom Boulevard as I believe is the other name of that street. The property is two residential lots -- Chairman Gonzalez: Excuse me for interrupting a minute. Did you set up the clock? Priscilla A. Thompson (City Clerk): This is the attorney. Vice Chairman Sanchez: It's the attorney. Chairman Gonzalez: I know, but I need to know how much time she's going to consume so I can give equal time to the opposition. Ms. Thompson: I have it going on this recorder. Chairman Gonzalez: All right. Thank you. Sorry. Go ahead. Ms. Garcia -Toledo: Sorry. The property, as you will see -- and you also have this same map in your back up information -- is comprised of two residential lots; each one of those lots has a City ofMiami Page 71 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 single-family unit on it at this time. That property is directly and adjacent and abutting to C-1 property, which fronts on Coral Way. As you look at this block of City property, the -- over 50 percent of the block is already C-1, and in fact, the remainder that is not C-1 has an SD-12 overlay. The SD-12 overlay is for come -- parking in support of the commercial activities on Coral Way. Therefore, this city block, as we know it, which has only two residential homes to the east and the two that are subject matter of your application, lost its residential qualities a long time ago. If you will look, this is what is in existence there now. It is surface parking in support of the commercial on Coral Way. Directly across from the subject property, again, are nonresidential uses. The property across the street on 13th Avenue is comprised of commercial at the corner -- I believe it's a Laundromat -- and right next to that is two structures, which are nonresidential in nature. They're actually office. One is an attorney's office, and the other one is a real estate sales office, so again, the subject property to the west has commercial, to the east has commercial, and to the -- I'm sorry, to the south has commercial; to the west has nonresidential commercial activities, and to the east, it has SD-12 in support of commercial activities, and in fact, when you get to the corner of that block at 12th Avenue, once again, you have the commercial nub. For those of you familiar with the area, it's the Liga Contra Cancer site, so why are we changing the zoning? The application for land use and change has attached to it -- and we will be proffering -- a set of architectural plans for a project specific for this site, and upon approval of this application, we will only be able to build and develop on the site the plans that we will -- that Mr. Behar will be presenting to you shortly, and what did we do? We started almost two years ago, meeting with your Planning staff in the hope of finding a way of designing a project that would be consistent with the commercial on three sides and the single-family residence to the north. When we started this project, it was a Major Use with bonuses for FAR (Floor Area Ratio), and during the process of meetings with your staff as well as a meeting that was facilitated by your NET (Neighborhood Enhancement Team) administrator, Liza Walton, with the neighbors, we reduced from that much larger project through a series of reviews for design by your staff and came down to the project that you will shortly see, which is 66 units, with no bonuses. Luis Fernandez: Ms. Toledo -- Ms. Garcia -Toledo: This -- Mr. L. Fernandez: -- excuse me. Most respectfully, Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. L. Fernandez: My understanding is that the reason that we had the hearing today is to have a vote on whether there should be an upzoning or not, and any building or any structure that is brought before you is out of line with the nature of our hearing, so I'm making an objection for the record. Chairman Gonzalez: All right, sir. Ms. Thompson: I'm sorry. Before you leave the podium, we did not hear your name. Mr. L. Fernandez: I apologize, and I'll give you my name. My name is Luis Fernandez. I'm a pro bono attorney for the Vizcaya/Roads Homeowners Association. Ms. Thompson: Thank you. Ms. Garcia -Toledo: So, basically, this project that we're doing is responding to the Miami 21 comments and ideals, and it is actually creating the transition within the site. What we're doing is, as I said before, we would be removing two single-family structures and replacing it with two single-family structures. The only difference is that now those structures would be attached to a City ofMiami Page 72 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 building, a residential building, with ground floor retail on Coral Way. I would also let you know that, as part of this development, the property owner is very sensitive to the issues of environment, and as such, the building has been designed with a series of bicycle lockers to encourage bicycle ridership, and the ownership of each unit will come, not only with a bicycle to encourage that activity, but also with a one-year free Metrorail pass, since this is close to Metrorail, in order to encourage ridership. This project is also going to seek green building certification, and further, the parking garage is going to be covered with art, which will be commissioned from a local artist, but it will be a substantial piece of facade, art facade that will be enjoyed by the neighborhood and all those who utilize 13th Avenue, the park area. Mr. L. Fernandez: Ms. Toledo, if you would excuse me a second. Mr. Chairman, I believe that - Vice Chairman Sanchez: Could you please state your name for the record again? Mr. L. Fernandez: I'm sorry? Vice Chairman Sanchez: Need to state your name and address for the record. Mr. L. Fernandez: My name Luis Fernandez. My business address is 2250 Southwest 3rd Avenue, Suite 303. Mr. Chairman, I would like to get some clarification of the City Attorney as to whether it is proper to be discussing a building at this point when we're hearing the zoning? I believe I made the objection, but there was no type of -- Chairman Gonzalez: Mr. Chairman. Mr. L. Fernandez: -- answer or -- Jorge L. Fernandez (City Attorney): Yes. Mr. L. Fernandez: -- position. Mr. Fernandez: Item 4 and 5 have been opened together. The evidence that's being presented or the presentation being made by the applicant goes both to PZ.4 and PZ. 5, and the nature of the presentation with regard to the project that would be built is something that this Commission has always entertained and, in fact, has invited the applicant to give them an idea of the type of project that will be there, and it is in keeping with your tradition of always seeking that type of information, and it is not inappropriate, as long as you understand -- and make sure that you always understand -- that there is a comp plan change and there is a zoning change, and at the end of the day, unless there is specific covenants that attach to the zoning application, the zoning change could be used for any other purpose afterwards, and that is something that the Commission is very familiar with and those are -- that's the way that business is conducted here. Mr. L. Fernandez: I appreciate your enlightenment, Mr. Gonzalez [sic]. I'm a very old man, but this is my first time here. Mr. Fernandez: No problem. Ms. Garcia -Toledo: And there is case law in Florida that supports that as part of the zoning change, which would be the item 5 in this situation, I would be able to present any information that supports a voluntary proffer thatl would be making on behalf of my client, which is exactly what that covenant is, and that covenant would be tied specifically to only being able to build one specific project, so you're not giving us a carte blanche because we are voluntarily limiting ourselves to only one project, and that's the reason why I like to do two things very quickly. One, enter a series of letters of support from neighbors in the area who are supporting our request, City ofMiami Page 73 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 and to ask Mr. Behar, followed by Mr. Olmedillo and followed by Mr. McWilliams, to come forward and give their presentation. Robert Behar: Good afternoon. Robert Behar, Behar Font & Partners, 4533 Ponce De Leon. First, let me start by (UNINTELLIGIBLE) your staff who has done a wonderful job throughout the whole process to work with us to get this level. I think they've done a wonderful job. Let me explain to you the project. The project comprise of a retail component fronting Coral Way. As you come on 13th Avenue, you have the lobby of the entrance to the building. You have just a minimum portion dedicated to the entrance to the parking garages and to comply with all the services. All the services will be internalized. On the back side, fronting the residential, we have two 2-story town homes that will be accessible from the street or from the internal -- internally from the parking. That is meant to be a transition between the residential and us, and those are the two units that Ms. Toledo was referring to. As you can see, they have a front yard; they have an entrance feature that addresses 21st Terrace. What we (UNINTET,TIGIBT,F) done is the following. As you can see, we have a continuous arcade and just a minimal entrance, and that is on 13th Avenue, same thing that happens on Coral Way. We have the arcade. On Coral Way side, we have liner units above that, so the parking is completely hidden on Coral Way. As you come around to 13th Avenue, is where we want to introduce the artwork, which we think that's going to be a beautiful statement on 13th Avenue, and it will be commissioned by a local artist, who we think is going to do a wonderful job. On the backside is where we put the two town homes unit, and that is again to response, but where we go from there, one step further. What we do is, like you see on the -- in the -- in this elevation, we retract the build -- we step the building back to respect the angle that is required under the R-1, R-2 zoning, and you can see we stepped the building back in couple steps in order to mitigate and push the building as close as possible towards Coral Way. Once you get to this level, you start the typical unit plan, and we put -- you know, again, we go up to -- on the front side of the property. We respect all the setbacks, so we're not asking for any setback variances as for the height or at the horizontal plan. Again, the building is 90 percent, 85 percent habitable space on the ground floor; only a minimum intrusion to get into the parking, and the service liner units on Coral Way, artwork on 13th Avenue, and more importantly, the two transitional town homes on the backside. The building is, like Ms. Toledo says, 66 units. We're including, for 66 unit, a total of 122 spaces; 114 will be for the residential, so we have access -- that access. We have sufficient parking to comply with all requirements. That will conclude my presentation. Thank you. Chairman Gonzalez: Thank you. Mr. L. Fernandez: Do I have permission to -- ? Chairman Gonzalez: Yes, sir. Mr. L. Fernandez: Luis Fernandez, on behalf of the association. Do I have permission to cross-examine the witness? Mr. Fernandez: Yeah. The cross-examination would take place after their presentation. You -- if you would remember your questions or write them, and then, at that point in time, they'll be asked and then they will answer. Mr. L. Fernandez: OK. Thank you. Chairman Gonzalez: Yes, sir. Guillermo Olmedillo: Good afternoon, Mr. Chairman, members of the Commission. Guillermo Olmedillo, 330 Greco Avenue, Suite 108, Coral Gables, Florida. I was look -- I was asked to look at this application in view of the Comprehensive Plan of the City, to look for the reasons and -- that support this particular application. One of the things that the Comprehensive Plan City ofMiami Page 74 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 does for the City is that it creates an urban structure, which is based, fundamentally, on the transportation corridors and the mass transit system. The location of the property, as you can see, is very close to the Metrorail station that is located off of 32nd Road. This is the property. That's Coral Way, as it meets 3rd Avenue, and that's 32nd Road. That's one of the things. The other thing, you know that the master plan relies heavily on the transportation corridors also. Coral Way and 3rdAvenue is one of those transportation corridors, and throughout the master plan, you will find goals, objectives, and policies that tell you that is where you have to have all the concentration of intensities and densities of use, so obviously, when you have a piece of property that is located right here, 13th Avenue, the Cuban Memorial Boulevard is this one, 12th Avenue, which is again one of the half section roads of the City, and then Coral Way and 3rd Avenue, and as you know, 3rdAvenue connects to South Dixie Highway as you move to the south, so as far as being consistent with the master plan going under the principals of the master plan, I believe, andl can state before you, before this board, that it is consistent with the master plan, and the issues of compatibility have to play some role when you're looking at a plan amendment and, of course, a zoning change. When you looking at the plan amendment, what you have is an area, which is a transitional area. I will give you a little piece of history revealing my age, butt have to do it for the record. Ninety-five hundred, the previous zoning ordinance for the City, had, by right, the -- what was called a transitional use. Any properties that was behind a commercially designated property had, by right, parking or, in the case of the corner offices, by right. You didn't have to go to public hearing. You didn't have to do anything. You just went in the Building Department and you got your building permit. When the transition was made from 9500 to 11000, many meetings were conducted with the community, particularly Coral Gate, Silver Bluff, Shenandoah, the Grove, andMorningside, primarily, andEdgeWater. I was a participant from those meetings. We conducted in excess of 26 public meetings with the neighborhood leaders and the neighborhood at -large. The compromise that was reached -- and this is not written in any contract -- but there was a compromise that was created through those meetings, was that people were very annoyed with the fact that, by right, you could do those parking garages in the rear and you could see the bad results in some of the old projects on the north side of -- on the south side of Coral Way, where you have kind of a no-man's-land there, and you have parking going all -- almost all the way to the residential districts, and they said, let's get rid of that transitional by right, so the other concept that was introduced at the time was the concept of transition use being a residential use so that you would have residential facing residential rather than parking or an office facing residential. That is what is being proposed for this particular project. What you have is the liner on the rear of the property is two town homes, which are single-family, by definition. They are higher density. Yes, we recognize that, but there still are a single-family product that is residential in character; it's a single-family residential. It's more intensive than the uses you have immediately to the north, but that is what serves for the transition of the commercial into the residential neighborhood. The other thing that you must remember is that 9500 took great care -- Zoning Ordinance 9500 -- to create certain development rights on the commercially designated properties because the fact that they were not deep enough; they were only a hundred foot deep throughout most of the transportation corridors. The capacity that could be created there without variances -- and as you know, a variance in the City ofMiami, you have to show hardship, which is not an economic hardship. The only way to do it was to create that support activity in the rear, and that's the history of that transitional use in the rear. Eleven thousand tries to protect this, and the zoning change is what gives you the opportunity to create a liner to create a transition, a residential transition, which is appropriate into the single-family neighborhood which is immediately to the north. If you have any questions, obviously, I'm available for. John McWilliams: Good afternoon. For the record, it's John McWilliams, with Kimley-Horn & Associates, offices at 5100 Northwest 33rdAvenue, in Fort Lauderdale. The Palomo family requested that I perform a traffic study on the proposed development, consistent with the typical City ofMiami standards relative to Major Use Special Permits and Class II Permits. To keep it brief the proposed development did meet the requirements of the corridor analysis that is required by the City, and it would meet all the standards that the City has set forth for their City ofMiami Page 75 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 traffic impact study. I'll be happy to answer any further questions. Commissioner Sarnoff What does that mean? John McWilliams: That means the corridors -- the study corridors within the area are determined to operate at an acceptable level of service -- Commissioner Sarnoff What are they rated? Mr. McWilliams: -- per the City standards. Commissioner Sarnoff What are they rated? Mr. McWilliams: The level of service D and C. Mr. Fernandez: Ms. Garcia -Toledo, anything else? Ms. Garcia -Toledo: We just passed out samples of the work of the artist, who is a muralist, who will be preparing the murals for the 13th Avenue side of the project. Commissioner Spence -Jones: OK, because he start talking about transportation, and then he passed out this mural, and I'm like this doesn't look like -- Commissioner Sarnoff You thought it was the traffic study, right? Commissioner Spence -Jones: Yeah. Ms. Garcia -Toledo: It should have been passed out -- Commissioner Sarnoff And it reminds -- Ms. Garcia -Toledo: -- while I was doing the presentation. Commissioner Sarnoff -- a little bit of traffic on a 5 o'clock afternoon. Ms. Garcia -Toledo: Also, I should tell you that this project, because it's in the special district of Coral Way, will require a Class II, which will be consistent with the project that you saw, and we'd like to rest at this point, and save some time for rebuttal. Mr. Fernandez: Mr. Chairman, it will be appropriate now for you to entertain cross-examination types of questions of the presenter through the Chair, so ifMr. Fernandez has any questions of any of the presenters, please ask them one by one, and through the Chair, and the -- whoever will be in a position to answer will answer your questions. Mr. L. Fernandez: Thankyou, Mr. Fernandez. Thankyou, Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. L. Fernandez: Mr. Chairman, I'll be brief in my questions. I would like, if possible, just for the record, that we inquire as to whether the experts that have been brought in have been paid by the Palomos. That's to demonstrate bias. I would also like -- if they're being paid, I would like the Chair to ask if they have registered as lobbyists here with the City. Now, specifically -- Chairman Gonzalez: Vicky, could you answer that? City ofMiami Page 76 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Garcia -Toledo: Yes, absolutely. We are all professionals, part of the development team on the project. We all are being compensated, and we are all registered lobbyists. Chairman Gonzalez: All right. Mr. L. Fernandez: Thank you. Now, as to Mr. Olmedillo, I believe that he tested as to the closeness to the Metrorail -- Chairman Gonzalez: Yes, sir. Mr. L. Fernandez: -- andl would like, in the number of blocks, how far are we as far as blocks or miles? Chairman Gonzalez: Believe it or not, I was going to ask that question myself. OK. Mr. Olmedillo. Mr. Olmedillo: Again, Guillermo Olmedillo, in the aerial will be better evidence than my stating how many blocks, but you got from 13th to 12th is one block; from five points to 32nd Court -- mean Road, it's -- 32nd Road it's a longer block than usual, but we can say it's a block, and then there's another block going from that point to that intersection, and an additional short block from here to Metrorail, so city blocks, four blocks. Mr. L. Fernandez: And -- Mr. Olmedillo: From the farthest point of the property. Mr. L. Fernandez: -- distance -- they were paid. I thought they'd measure it. Chairman Gonzalez: So four blocks. Mr. Olmedillo: I haven't measured it. Mr. L. Fernandez: OK, so it may be four blocks, but you haven't measure -- I'm sorry. Just a couple of more questions and I'll be through with him. Chairman Gonzalez: Yes, sir. Mr. L. Fernandez: I believe that you use that little thing that has the light on it, which I commend you for it, and you -- I believe that you stated that this building would be a part or will mingle, I think is the word you may have used, with the single-family homes that are in this area, and I was wondering if you could use that same little marker that you have to show other buildings of that scale, which I believe are 12 floors, that would be mingling in that area. Mr. Olmedillo: I don't think used the word "mingling." I said -- Mr. L. Fernandez: Forgive me. I apologize. Mr. Olmedillo: -- there's a transition from Coral Way to the single-family 50 by 100 lot structure that is to the north of the property. On 15 -- on 13th Avenue, you have a building which is very similar to this particular building as to building envelope and disposition of uses within the building. Fourteenth -- I'm sorry, 14th Avenue, on that same north side of the -- of Coral Way. Mr. L. Fernandez: May I have a follow-up question to that? City ofMiami Page 77 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: Yes, sir, of course. Mr. L. Fernandez: Please show me what other buildings in that map that you have are the same height as the one that you're proposing. I'm sorry. I -- OK, thanks. Mr. Olmedillo: I will allow the architect to show that because the architect is the one that is working with the building envelope. I wasn't working with the building envelope. Mr. L. Fernandez: Thank you. Thanks. Mr. Behar: On this block, on 14th Avenue, there's another -- Mr. L. Fernandez: Excuse me. Mr. Behar: -- about 11-story building, 12-story on this north side of the block, two blocks immediately to the west of this property, and actually, that goes -- intrudes back even further because the parking is on the other side abutting, so that building, which is today, presently there -- unfortunate, we don't have a photograph, but I'm sure you're very familiar with it -- it's presently there, and it's at least 11 to 12 stories high. Mr. L. Fernandez: IfI may, sir. To -- Chairman Gonzalez: Yes, sir. Mr. L. Fernandez: -- stay up so that I can ask you -- I apologize; I'm not familiar with the building, but could you show the members of the Commission how many houses or could you estimate how many houses there are in these pictures that you have? Mr. Behar: I really -- it would be very hard for me to do that. I thinkl -- at this point, that's not a good question to ask. You're asking me to count houses at this (INAUDIBLE) ask me the first question is the number of buildings. I'm telling you, that's the number of building here. Mr. L. Fernandez: The answer was one. Now, I want to do the comparison -- Mr. Fernandez: Mr. Chairman. Mr. L. Fernandez: (UNINTELLIGIBT,F) do the comparison. Chairman Gonzalez: Yes, sir. Mr. Fernandez: Questions are supposed to be through the Chair, not argumentative, and the person answering the questions, limit yourself -- you know, to control this, ask a question; give an answer -- Mr. L. Fernandez: Let's look at -- Mr. Fernandez: -- and then allow it, for you presentation, to make their point. Mr. L. Fernandez: -- (UNINTELLIGIBLE). Chairman Gonzalez: In this case, you won't have an answer. You don't know how many houses are in the --? Mr. Behar: In the video, you will see that answer. City ofMiami Page 78 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. L. Fernandez: Mr. Chairman, the answer is then `7 don't know"? Chairman Gonzalez: Right. Mr. L. Fernandez: The pictures ought -- Mr. Behar: Let -- Mr. L. Fernandez: -- to speak for themselves. Mr. Behar: -- I'm sorry, and let me -- for the record, let's refer to the video to respond to that question. Is that fair enough? Mr. L. Fernandez: If that is your answer. Mr. Behar: That is -- are you feel comfortable with that? Mr. L. Fernandez: See, I don't mean to argue. Mr. Fernandez: You have anymore questions? Mr. L. Fernandez: Yes, I have couple more. Mr. Fernandez: Sure. Mr. L. Fernandez: I'd like to ask this question to the person who's the most familiar with the Planning Department records, so as to not have to have people come back and forth. May I ask the Chairman to inquire as to who I should ask the questions from? Chairman Gonzalez: Mr. City Attorney, who should --? Mr. Fernandez: No. You heard the presentation. It is up to you to ask, through the Chair, whomever you think would be the person asking -- answering -- Commissioner Sarnoff Mr. Fernandez, why don't you just ask the question -- Mr. Fernandez: Ask the question. Commissioner Sarnoff -- and let the lawyer up there ask the person -- Chairman Gonzalez: And then we'll try to get someone to -- Commissioner Sarnoff -- to respond. Chairman Gonzalez: -- respond, sir. Mr. L. Fernandez: All right. We've seen the houses that we don't know the number yet. A traffic study was done, which is very interesting, andl wanted to ask the person that performed the traffic study what a `D" grade means to our streets? Chairman Gonzalez: The traffic consultant. Mr. McWilliams: Level of service for streets is just like your grade card; A through F, with E being at capacity, which means a hundred percent of the capacity. Depending on the type of road, the percent capacity ofD is different `D" is the standard that's used by the Department City ofMiami Page 79 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 of Transportation, by most agencies in South Florida. Mr. L. Fernandez: Follow-up question to the same individual. Chairman Gonzalez: And what is the --? Yeah, go ahead. Mr. L. Fernandez: No, go ahead. Chairman Gonzalez: No. Go ahead, go ahead. Mr. L. Fernandez: Are you -- have you looked at the number of additional automobiles that you're going to have there during peak hour? Mr. McWilliams: Correct, yes. Mr. L. Fernandez: And how -- Mr. McWilliams: Hundred and thirty-two. Mr. L. Fernandez: A hundred and thirty-two more automobiles during -- Mr. McWilliams: Yeah. Mr. L. Fernandez: -- peak hour? Mr. McWilliams: That's total. Then so the majority of that during the PM peak will be inbound because people will be coming home from work, so that's in and out total. Mr. L. Fernandez: And although the Commissioners are familiar with the area, this is a two-lane area on Coral Way, and it's a one -lane area on 13th Avenue? Mr. McWilliams: I believe so, yes. Mr. L. Fernandez: And you're going to put 132 extra cars during peak hour heading ingress, for lack of a better term, through 13th Avenue? Mr. McWilliams: Not entirely ingress. The 132 is in and out, so it would depend on where they're coming from or to to determine their pattern. Mr. L. Fernandez: One clarification. In order to get into this project, you have to come in from 13th Avenue, correct? Mr. McWilliams: Correct. You'd have to come from the south. Mr. L. Fernandez: So you could have conceivably 132 cars at one time, if everybody wanted to come in at that time? Mr. McWilliams: No. It's a peak hour, so it's over a 60-minute peak period. Mr. L. Fernandez: And approximately how long is it -- the traffic change? Mr. McWilliams: Excuse me. Could you clam that? Mr. L. Fernandez: I want to know how long it will take me to get from 12th Avenue to 17th Avenue with the extra 132 cars. City ofMiami Page 80 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. McWilliams: We don't measure it -- when we look at the level of services, it's -- we don't measure the time. It's the capacity versus the volume. Mr. L. Fernandez: So, in essence, what your study has done is just said, hey, we have enough of the street -- Mr. Fernandez: Is that a question, or is that argument? Mr. L. Fernandez: I'm asking the question -- Mr. Fernandez: Oh, I'm sorry. Mr. L. Fernandez: -- Mr. Fernandez, please. In essence, what you're saying then is that we have the capacity to have 132 more automobiles during peak hour, but you really haven't done a study as to how long it's going to take and how long it's going to delay the traffic? Mr. McWilliams: We did a study in accordance with the City ofMiami standards that they hold every development to, and the project has met those requirements. Mr. L. Fernandez: And the question is how much time will it take during -- Mr. McWilliams: The require -- Mr. L. Fernandez: -- peak hour? Mr. McWilliams: -- to determine the peak -- the question of the time is not an issue when you do corridor analysis; it's simply a comparison between the volume on the road and the adopted capacity the City has for that roadway. Mr. L. Fernandez: Fair enough. Last question to him, but you would concede that traffic jams do have a bearing with the standard of living that a person has, correct? Mr. McWilliams: I can't really comment on standard of living. I'm a traffic engineer. I can talk about congestion, VC (vital capacity) ratios, level of service, but I don't think that's really appropriate for me to answer. Mr. L. Fernandez: Is there somebody in your group that could answer that appropriately? Chairman Gonzalez: Vicky, anybody in the group that can answer the question? Ms. Garcia -Toledo: I think Mr. Palomo will be talking about quality of life in his presentation. If you -- Mr. L. Fernandez: Last point. Then there is no expert that has been hired by the appellant that can answer the question as to the traffic? Ms. Garcia -Toledo: I'm sorry. What is that question again? Mr. L. Fernandez: None of the experts -- may I address? Chairman Gonzalez: Yes, sir. Mr. L. Fernandez: -- that you have can answer the question as to the delay in time in traffic. City ofMiami Page 81 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Garcia -Toledo: We have not hired any consultant on quality of life, no. Chairman Gonzalez: No, no, no. Talking about the delay on traffic. Mr. L. Fernandez: That's fine. Ms. Garcia -Toledo: But -- Chairman Gonzalez: How much delay is your one hundred and -- Commissioner Sarnoff Thirty-two cars. Chairman Gonzalez: -- thirty-two -- Ms. Garcia -Toledo: Mr. Chair -- Chairman Gonzalez: -- automobile? How much delay it's going to cause in traffic -- Ms. Garcia -Toledo: -- the traffic -- Chairman Gonzalez: -- at a peak hour? Ms. Garcia -Toledo: -- engineer, I believe, his -- he responded to that question, and he said the time is not one of the standards that is required as part of the City ofMiami criteria. By the way, this project does not require a traffic study. We just did it to make sure that we were being sensitive to the neighborhood and that we would understand the impact and to mitigate it, and so by his -- by the -- by Mr. Fernandez's own questions, he's questioning -- he's trying to establish a quality of life issue, andl am admitting into the record that we did not hire a quality of life consultant. Chairman Gonzalez: All right. Mr. L. Fernandez: Mr. Chairman, thank you very much. I'll return this -- Chairman Gonzalez: You're welcome, sir. Mr. L. Fernandez: -- to you. Chairman Gonzalez: You're welcome. Thank you. All right. Does that conclude your presentation or --? Ms. Garcia -Toledo: We just have to show the video and have Mr. Palomo speak. Chairman Gonzalez: Of course. How long is your video? Ms. Garcia -Toledo: Two minutes. Mercedes Palomo: My name is Mercedes Palomo. I'm one of the property owners, and I live in 1300 Granada Boulevard. Thank you. This video highlights the area. We're on Cuban Memorial Boulevard, which was a beautiful linear park, recently built by the City ofMiami, where you can walk your dog, exercise, mingle with the neighbors, ride bicycles, and just in general, enjoy the beautification that has happened on that -- in your park. It is in the corner of Coral Way and 13th Avenue where our properties are. Addressing the question before, there are several buildings in the area that have already done what we have done, among them is the Aston, at 3000 Coral Way, where they have two -level single family across from residential. This City ofMiami Page 82 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 is -- and then the building sits back behind the two -level that's in the Aston. There's another building also, Midtown Lofts, on 3180 Coral Way, that has two -level single family across from residential, the same as the Gables Marquis on 3232 Coral Way; Coral Sea View, a beautiful building two blocks from us, sits on 1401 Coral Way. The City has done a beautiful job lighting Coral Way at night and also enhancing its green area, which is something we're very excited about, and touches upon our green sensitivity on our building. Besides other things, we're looking to be green friendly by buying a bicycle and giving a bicycle to each unit owner, as well as a one-year Metrorail pass to create incentive to use the Metrorail system, which is so effective, and it's only four blocks from our property. Thankyou. Chairman Gonzalez: Thank you. That concludes the video? Luis Palomo: Good afternoon. My name is Luis Palomo. I reside at 2149 Southwest 13th Avenue, one of the houses that we're asking to be rezone. I'm also a co-owner with my sister, Mercedes. Our family history in this neighborhood goes back to the early days of the exile. After some difficult, but wonderful years in Allapattah, we came to Shenandoah, where our family homestead still is, at 2301 Southwest 20th Street. All nine of us, yes, mom, dad, and seven kids, were spread in Coral Way Elementary, Shenandoah Junior High, La Salle, and Miami High, so when we came -- Mercy and I came back from Panama in the late '80s, we decided to come back to the neighborhood. I've been a Roadie ever since, andl have been proactive in my commitment to the neighborhood. I have founded and served in the Arts and Entertainment Council for the City ofMiami; sit on the Viernes Culturales Board, and by the way, don't miss tomorrow, at Calle Ocho and 15th Avenue, the best free party in town, but what I'm most proud of is Friends of Little Havana, which is a organization that I chair and have founded, and we have many activities that are cultural and social. We help out senior citizens with cultural events, repair statues on the boulevard, but what I'm most proud of is the amount of trees. We have planted over 150 trees, and by planting, I mean pick -and -shovel, not e-mails (electronic) or -- and to me, the people that know me know how passionate I am about the urban trees, and this is transfer to our project. I say all this not because I want a pat in the back or a City commendation or anything. It's that am committed to this neighborhood. I love it. I want to live here. I have lived here, and I'll be uncapable of doing anything that would harm or tarnish it, so I'm asking you to please approve this beautiful environmental friendly project. Thank you. Chairman Gonzalez: Thank you. Ms. Garcia -Toledo: We will rest and save some time for rebuttal. Thankyou. Chairman Gonzalez: OK. Mr. Fernandez. Madam City Clerk, how much time? Ms. Thompson: Twenty-three minutes. Chairman Gonzalez: Twenty-three minutes. You have -- Mr. L. Fernandez: May I indulge, Master -- sorry -- Chairperson, and ask her to tell me when I have five minutes left? Chairman Gonzalez: Yes, sir. Mr. L. Fernandez: Thank you, sir. Good afternoon. My name is Luis Fernandez. I'm working pro bono as an attorney for the Viscaya Home -- Roads Association, which is an honor for me to represent, and it's also an honor to appear before you, before all of you. I think that I should start off by saying that the contributions of the Palomo family to our community have not gone unnoticed. This is what makes it especially hard to come here and disagree with them, but the disagreement is not one of disrespect. It's just a matter of we happen to think that our -- little part of our community should remain the way it is. I'm not going to rehash what the Planning City ofMiami Page 83 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Board has already stated, but legally, I would like to point out that at every step along the way, Commissioners, every step along the way, the application has been denied. It has been denied at the Planning Board. It has been denied at the Planning Advisory Council, andl believe that the Zoning Board also voted against it and in an overwhelming way. We're not talking -- about a 3/2 score. I think that they only had one vote in favor out of all of the people that had been able to vote. Rehashing quickly as far as the law is concerned. We want to keep our community the way it is. We also love our community, and this is a difference of opinion, not a fight, and it's a difference of opinion between good people, andl'm going to reemphasize that the contributions of the Palomos cannot be understated. I would point out, for the record, and this is a human mistake, of course, butt note that even Friends of Little Havana, the corporation, has been dissolved since some time in 2006, andl know that -- I don't want to put anybody in a unfavorable possible conflict of interest, which I will address in a moment, but if, perhaps, one of the Commissioners does not feel comfortable about voting because you have people that live in the same part, which she represents --I will address that in a moment -- andl like to be sensitive about that because I respect all of you very much. Now, why are we against the plan? Well, first of all, it just don't fit. What they want to do, ifI could paint a picture for you, is that where you people -- you five are sitting -- and by the way, I'm quoting from the Planning Advisory Board documentation and papers -- they want to change this from a density of nine residential units to one of a hundred and fifty, and to give you a mental picture of what we're talking about, it'd be like if where the five of you are, we now would have 85 Commissioners. It just don't fit. It's just too much. Our Comprehensive Plan promotes the efficient use of our land, but it also has to enhance and protect our quality of life, and if 80 more people were to sit with you here, I'd venture to say that it would be a little bit more uncomfortable for you to do your jobs, andl'm just trying to paint with picture of what we have. Talked about the automobiles that are going to be impacting. Of course they impact our life, and it's a safety issue. It has been mentioned, I am sure -- perhaps it's been forgotten -- but we have a little grade school a block away, right across -- perpendicular from where this project is being planned. In contrast to what has been offered before you in that fine film that was presented you have addresses that are all on Coral Way, and incidentally, I beg to der, butt have reason to believe that even Coral Way has been graded with an "F." In this particular project, we're not entering in Coral Way. We're entering on 13th Avenue, and unless you're willing to make a U-turn -- and Lord knows, I live in the area, and it's very difficult during morning hours to travel -- it's going to create massive congestion, and massive congestion does create a problem with family of life -- quality of life, that is, and when you have a school close by and you have what you heard peak hour, a hundred and forty -some more automobiles in the area, that is dangerous to little children, and that affects our quality of life. Now, remember, more cars, more traffic, more danger to the area. I don't want to play lawyer all the time, but did find a very similar case, which is called the Pinecrest versus Shidel, which is a Supreme Court decision. That's the State of Florida Supreme Court, and in that decision, the Supreme Court upheld or rather made a developer take down a property that had been changed from 1 to 6.6. The 1 to 6.6 is six times. What is being proposed here is at least 17 times more in density, and just to quote from that Supreme Court -- it's not even a close call. We all respect each other, but we don't want more people in our little neighborhood the way it's being planned. We just can't go ahead and lump everybody together. Our neighborhood is beautiful. Our trees are beautiful. One of our Commissioners fought, and we had that walk over there that is beautiful, and it is my understanding that, at least on two occasions, a public statement was made to the effect that I'm not going to change the zoning over here because I like the way we have it here, and if that is the case, I would ask the Commissioner -- and by the way, ifI am mistaken, I believe I have a film here, but the point is that the Commissioner has recognized how important this little area is for us. I welcome the fact that they went and they lived here; so did I. I actually delivered papers in that area many years ago, when we used to have kids in bicycles. With 164 more automobiles, I would hesitate to let my little one be out on the street because there is a danger. The suggestion is really out of scale. The reason why I asked for the number of houses and the number of buildings was to prove the point. You didn't see all these 12-story or 14-story buildings; you didn't. What you saw was homes. This is the backbone of our society. It's really our middle-class and those of us who City ofMiami Page 84 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 work, and this is what we want to keep. We don't want this type of encroachment. You're going to hear that the -- there is no problem with the traffic. Well, what was studied -- these are things that affect our quality of life, and the impact is negative when you have all those cars there. There is plenty of commercial property in other parts of the City, and frankly, at this point in time, we are fearful that allowing this to happen will create a domino effect. Half -way down the block, there's another empty land that another big high-rise is going to go up there. One thing that was very telling about the presentation that the fine attorney on the other side did was when she showed that that area that -- it looked like empty, where houses used to be, that is what we're fighting for. Some Commissioners here talk about bringing people back into their -- where they're from, into their neighborhoods. We're fighting to keep our neighborhood. We're the guys that didn't leave. We're the guys that fought and stayed, and we don't want the Palomos to leave. We just don't want to have a 12-story building where all of us have our single homes. I believe that -- so that the record is clear, and this I'm going to ask the attorney for permission -- I don't know what the procedure is on a conflict of interest, because even though I -- I need -- I think need to put it on the record as to whether there is a conflict of interest so that we have the record, but I want to be sensitive and not cast any stone at any of the Commissioners. May I ask how you want me to go about it? Mr. Fernandez: You need to state on the record -- if it is a voting conflict of interest of any of the Commissioners, it needs to be addressed, and then we need to, you know, consult with the individual Commissioner and make a determination. Mr. L. Fernandez: Thank you. Then most respectfully, Commissioner Sanchez, I have here from the Florida Corporation Department of State, the Friends of Little Havana, Inc., Florida nonprofit corporation, which, incidentally, I have already stated for the record that it's inactive as of September 2006, but Mr. Palomo gave me the card, andl believe that Mr. Sanchez is the registered agent, according to the book. I ask you to trust me on this. I would not mislead you, Commissioner. Vice Chairman Sanchez: I hope not. Mr. Fernandez: Well -- Vice Chairman Sanchez: Well, of course not. Mr. Fernandez: -- yeah, in that regard, it -- you know, if it's a not -for -profit corporation, my opinion would be to the Commissioner, if he were asking me if he had a conflict of interest -- Vice Chairman Sanchez: It is not for profit. Mr. Fernandez: -- would be that he would not have a conflict of interest -- Vice Chairman Sanchez: Mr. -- Mr. Fernandez: -- because it does not inure to his pecuniary gain -- Vice Chairman Sanchez: Mr. Attorney, ifI may ask. I mean, this is the -- I was expecting this. I mean, I won't expect any less from Mr. Fernandez, to be honest with you, but he (UNINTELLIGIBLE) this conflict of interest. Mr. L. Fernandez: Sure. Vice Chairman Sanchez: It's a nonprofit organization. I haven't been associated with it for the longest time, andl -- there is no conflict of interest whatsoever -- City ofMiami Page 85 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Fernandez: None. Mr. L. Fernandez: OK. Vice Chairman Sanchez: -- so I'm glad that we could clear that. Mr. L. Fernandez: Well, I haven't finished clearing up things yet. That point we have cleared. Now, I have reason to believe that there are business, social, economic, and political ties between a particular Commissioner and the applicants, and if the Commissioner should tell me that he has not received any compensation, they have not worked in his campaign pro bono, and what have you, then I'll understand, andl understand it's difficult -- andl apologize if I'm making this difficult for you, but the record has to be set, sir. Vice Chairman Sanchez: Mr. Fernandez, let me set the record. Mr. L. Fernandez: Yes, sir. Vice Chairman Sanchez: He provided a service; I pay like anybody else. Just like when you ran against me, you hired people, and you had services done to you and you paid a service. There is no conflict of interest whatsoever -- Mr. L. Fernandez: OK, so you have stated on the record -- Vice Chairman Sanchez: -- so we could continue. Mr. L. Fernandez: Do you have any other business interest with him -- Vice Chairman Sanchez: No, sir. Mr. L. Fernandez: -- for profit? Vice Chairman Sanchez: None whatsoever. Mr. L. Fernandez: OK. Vice Chairman Sanchez: Let's -- let me just put that for the record. None whatsoever, Mr. Fernandez. Mr. L. Fernandez: OK, so your testimo -- having said that, then I withdraw any inference that Mr. Sanchez may have felt uncomfortable about -- but Mr. Sanchez -- Vice Chairman Sanchez: No, no. Mr. L. Fernandez: -- I have a job to do, too. Vice Chairman Sanchez: I have not felt uncomfortable. I think it's disrespectful. Mr. L. Fernandez: No, sir. I don't believe it's disrespect, but since we're talking about respect, you personally, pledged at the meeting at Pinecrest -- or not Pinecrest, but at the -- Vice Chairman Sanchez: Pinecrest? Mr. L. Fernandez: -- Coral Way Elementary, sir. You said that you would not vote for any changing, and sir, I ran against you because I didn't believe you. I would like you today to keep that promise, and the same promise -- City ofMiami Page 86 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Counsel -- Mr. L. Fernandez: Let me finish speaking, please. Vice Chairman Sanchez: -- this issue is not between me or you. It is about -- Mr. L. Fernandez: Let me -- Vice Chairman Sanchez: -- the item that you're -- Mr. L. Fernandez: -- finish speaking. Vice Chairman Sanchez: No, no, no, no, no, because you know I have to stop you. This item is on -- Mr. L. Fernandez: Most respectfully. Vice Chairman Sanchez: -- based on the merits of the item, not between you and me -- Mr. L. Fernandez: It's not about you and me. It about you. Vice Chairman Sanchez: -- so -- Mr. L. Fernandez: May I finish? Point is that you have gone on record as saying that you would not allow and you would not vote for changing our community. I ran because I didn't believe you. I want you to prove me wrong. Please prove me wrong. Thank you very much. Chairman Gonzalez: Thank you. Does that conclude your -- Vice Chairman Sanchez: That -- does that conclude your presentation? Chairman Gonzalez: -- presentation? Commissioner Sarnoff Wait a minute. Could -- if you could stay up there for a second because I have a question. Mr. L. Fernandez: Sure. Commissioner Sarnoff You had indicated 132 vehicles and -- or that was what they indicated. Mr. L. Fernandez: That was their expert. Commissioner Sarnoff Then you said 164. Why the --? Mr. L. Fernandez: I apologize. I believe I -- I may -- Commissioner Sarnoff OK. Mr. L. Fernandez: -- have been mistaken. Chairman Gonzalez: All right. Rebuttal. Mr. Fernandez: No. City ofMiami Page 87 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: Or you want me -- no. You -- Mr. Fernandez: Other members of the public or -- Chairman Gonzalez: -- I need to -- Mr. Fernandez: -- if there is any cross-examination. Chairman Gonzalez: -- open it to the public, and -- Vice Chairman Sanchez: Does that conclude his --? Chairman Gonzalez: -- then you have your time for rebuttal. All right. Anyone from the public that wants to speak on the item, please line up on the podiums so we can start moving along. Good afternoon. Brett Bibeau: Good afternoon, honorable City Commissioners. Brett Bibeau, homeowner of 1263 Southwest 18th Street, only four blocks north of the subject property. Please note, I'm taking time off from work to address the City Commission, strictly in my capacity as an impacted resident for the first time since 2000 because this proposed land use and zoning amendment is simply too close to my home. I agree with the City ofMiami Planning Department's recommendation for denial, which states the proposed land use and zoning amendments are in violation of the City's adopted Comprehensive Plans Goal LU-1 and Policy LU-1.1.3. I agree with the City ofMiami Planning Advisory Board's recommendation for denial of the proposed land use amendment from single family residential to restricted commercial, which would harmful, out of scale, high -density residential development in a low -density, single-family residential neighborhood. I agree with the City ofMiami Zoning Advisory Board's unanimous recommendation for denial of the proposed zoning amendment, which would be an inappropriate encroachment into the single-family residential neighborhood. The subject property is located adjacent to the infamous five point intersection, the bottleneck for all Coral Way traffic, which is significantly increasing due to the numerous new residential developments along Coral Way. Currently, traffic congestion at peak hours backs up several blocks from the dysfunctional and problematic five -point intersection at 12th Avenue, all the way back to nearly 17th Avenue. If you approve the proposed land use and zoning amendments, residents of the new high -density residential development would avoid traffic at the five -point intersection by cutting north near Coral Way Elementary, and then east through the low density Shenandoah and the Roads neighborhood streets. Finally, the proposed amendments would encroach and negatively impact the adjacent quaint and success retail and office area which services the surrounding neighborhood with businesses, including Mykonos, Zuperpollo, Vin Brule, Karlo, Salad Co. restaurants, Village Films, a liquor store, El Clique Lounge, gas station, dry cleaners, gymnasium, et cetera. Therefore, I respectfully encourage you to also agree with your Planning Department, Planning Advisory Board, Zoning Advisory Board, and the adjacent -- most adjacent homeowners' recommendations by denying this inappropriate and harmful land use and zoning amendment, which are not consistent with the City's adopted Comprehensive Plan. Thank you for your time and consideration. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: Thank you. Luis Herrera: My name is Luis Herrera. I'm the president of Vizcaya Homeowner Association. My address is 1181 Southwest 22nd Terrace. Commissioner Sanchez, today is the day of the libertad, OK, and when we went to the program in Channel 22 -- I got the tape here -- you mention that you never going to change the zoning in there. I want you -- you promise. Keep it up. Now, I'm going to show you -- go ahead. City ofMiami Page 88 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Couldl answer -- andl thank you. Mr. Herrera: Yes. Vice Chairman Sanchez: The statement was made because you, Mr. Herrera, who I have the outmost [sic] respect for, not only did you oppose the Cuban Memorial Boulevard you opposed Mr. Herrera: You wrong in that point. Vice Chairman Sanchez: Couldl --? Mr. Herrera: OK. Vice Chairman Sanchez: I would allow you the opportunity. Mr. Herrera: OK. Vice Chairman Sanchez: Not only did you oppose the Cuban Memorial Boulevard, you opposed the Center of [sic] Excellent [sic] of the United Way, you oppose the circles that I put -- the projects that I had in my district. Mr. Herrera: No. You're wrong again. Vice Chairman Sanchez: But wait, wait, wait, wait, wait, and when you made -- when we had that meeting -- Mr. Herrera: Yes. Vice Chairman Sanchez: -- it was your group who was out there misleading people, saying that I was going to, one, change the zoning of the entire 13th Avenue boulevard; that I was going to change the name from Cuban Memorial Boulevard; that I was going to remove all the monuments. All this misleading information that I had to encounter, because I even had to do a press conference, because when I speak, I speak the facts, andl had to go out there and defend myself because it was a heated election, and that's got nothing to do with -- you supported Mr. Fernandez, and most of the group that's here supported Mr. Fernandez, andl respect that. I think he made the statement better than I did. Disagreement is one of no disrespect. I just think that we should put the election behind us and all work together on this issue, instead of coming up here making statements, like I was never going to change any of the zoning, so you listen. I'll yield to you and you have the opportunity -- could you please make sure that he has the adequate time to speak? Ms. Thompson: I stopped the clock. Vice Chairman Sanchez: Thank you. Mr. Herrera: OK, and my time now -- I needed more time because I had to be answer back his questions. Chairman Gonzalez: We stop the clock when he was talking. Mr. Herrera: OK. First of all, I never say I never against your project. I never say that. You the one who saying on television -- andl got the tape here, if you want to see it. I'll bring it up. You the one who said, people around, they say they going to change the land, they going to City ofMiami Page 89 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 change this, and going to change that, and you promise everybody there that you going to support the no changing the land use or changing the whatever on television, in front of the television, all right. By the circles, I never said anything about the circles. You wrong about that, too. It's another association in the neighborhood, living close to my house, the one not supporting the circle. When he ask me about the circles to me, I said talk to Mr. Sanchez about it because I ain't going to be involved in this. That's my question -- that's my answer. Now, in the Coral Way Elementary, you promise to -- you going to support the neighborhood. You not going to change the zoning, and let me say -- and I ask you on television, in front of everybody, you going to change the zoning? You said, no. I say, I never say that; you the one who said it. That's what say. It's right here on tape, OK, and I'm not lying. Now, I'm going to show you -- Chairman Gonzalez: Give him -- Mr. Herrera: -- whatl think. Chairman Gonzalez: -- an additional minute because that -- maybe there was slight -- so give him an additional minute. Mr. Herrera: OK. Real quick, this is Coral Way right here. This is the boulevard. This is a laundry. This is the office they show you over there, the law office, the lawyer law office. This is the Palomo house. This is the other house. This is the corner of the Palomo house, a building. This is the house from Zulema and the other lady. Now, this is the empty lot that they going to be a Domino place. They already be coming to the meeting. It will be deny. Now, the Comprehensive Plan, one -- under Chapter 163, the supporter, the neighborhood, this is going to be the building that happen in there. Look at the different Do you think that this is a comprehension [sic] plan living with the houses, residential? Mr. [sic] Jones, I need your help. You need some people to come into your neighborhood. We don't need nobody to go out of the neighborhood. Deny this project. Thank you. Chairman Gonzalez: Thank you. Good afternoon. Mr. Herrera: And got some signatures here, too, to present it to you. Chairman Gonzalez: No. Give it to the Clerk, please, please. Yes, ma'am. Good afternoon. Mr. Herrera: This is against the people, OK? This is against the project. Chairman Gonzalez: OK. Carole Ann Taylor: I'm speaking for the project. My name is Carole Ann Taylor. I own a business at 1442 Southwest 8th Street. As a merchant in Little Havana and a friend of the Roads for more than 20 years, I've always loved the area for its beauty and quality of life. There has always been, on the part of this Commission and former Commissioners, thoughtful management of progress in a manner that has enhanced the day-to-day lives of residents, while also helping support increases in property values. That, in turn, has served to increase much -needed tax revenues for our growing city. I respectfully request that you take into account my and other support for the rezoning of the two lots on 21 st Terrace in order that Lumiere at Coral Way might become a reality. In a city so lacking in multifamily residential housing, this project will be a welcome addition to the neighborhood. The project is done in good taste and will enhance this neighborhood, not detract from its environment. Thank you very much. Chairman Gonzalez: Thank you, ma'am. Yes, sir. Good afternoon. Kevin Leaman: Hi. Good afternoon. My name is Kevin Leaman. I'm not being paid. I'm a homeowner at 1211 Southwest 19th Street, which is right in this neighborhood here. Couple of comments. First of all, in my job as a scientist at the university; my wife's job as a UN (United City ofMiami Page 90 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Nations) official -- she couldn't be here. She's at meetings in Montevideo right now -- we bring lots offoreign officials, diplomats, scientists here. We take them to those restaurants. Take them around that neighborhood, andl'm talking about Coral Way, east of 27th Avenue. I have to say they're enchanted. I don't like to use the word bohemian, but these aren't people from some small town in Arkansas. They're from London, Paris, Rio de Janeiro, Buenos Aires, Montevideo. They just love that part of the city. The trees, it's a very green area. It's not overpowering with condominiums, like it is west of 27th Avenue, andl believe I heard that mentioned before, and they just like it, and like I say, if you come from Paris, you say, that's a lovely area of the city, considering the opinions many people have in other places in the world about Miami, I'd say that's probably good to leave it that way. I also want to take this opportunity to thank Commissioner Sanchez, personally, because two years ago at this meeting, we had -- we were talking about trees in this linear park, andl wanted to thank him for developing that park. I think it was a fantastic idea. Me going to work these days, I detour to drive down that road, just because it's so neat to see all those people walking there. I was not against that park. The meeting at the school was to keep people from plowing down all the trees, not to oppose the park. I have been his supporter, but I was the person who personally asked him the question as to whether the development of that park was a prelude to rezoning 13th Avenue for condominiums, and his answer, essentially verbatim -- andl checked with other people -- was "As long as I am Commissioner, there will be no rezoning of 13th Avenue." Thank you for your attention. Chairman Gonzalez: Thank you, sir. Good afternoon. Brian King: My name is Brian King. I have a business located at 1271 Coral Way. I am a previous owner of the subject properties. I've had an advertising photography studio at 1271 Coral Way for the past 31 years. I opened up in 1976. I used to hang photographs in the now defunct Parkway Theater, just to let you know how long I've been around this town. I think this dream of the Palomo family is a good one, and I've been in support of it. I started this dream myself being the previous owner, and passed the baton to the Palomos. I'm in support and wish the Commission would vote yes for this. Thank you very much, and let the renaissance of Shenandoah continue. Chairman Gonzalez: Thank you, sir. Yes, sir. Good afternoon. Herschel Haynes: Good afternoon. My name is Herschel Haynes, andl'm cochairman of the Miami Neighborhoods United, and Viscaya/Roads Homeowners Association is one of our members of our coalition, and from what I've heard sitting here, it appears that this is an issue that pertains to lots of people, and it's the area that they look after, and so -- especially, when I read that the Miami Planning Department has denied this project, and also, it says that change - - the change is unjustified and that change would be contrary to Chapter 163 of the Florida Statutes, on page 22nd [sic], and for all of the reasons that have been presented here, we would ask that you move it in favor of what the people in that particular area would want. Thank you. Chairman Gonzalez: Thank you. Yes, sir. Good afternoon. Anthony Cruce: Good afternoon. My name is Anthony Cruce, andl own my home at 919 Southwest 23 Road. Thank you for this opportunity to be heard as a resident of this wonderful neighborhood. My cousin and his family, from Catalina, Spain, came over to visit last year and marveled at our wonderful weather and beautiful city. However, they think we're all crazy for having to depend so much on our cars. This project, Lumiere, is both beautiful and practical, as it gives its residents the opportunity to live here, and yet, be able to walk or ride a bicycle to most essential places, you know, like the grocery store, the pharmacy, the bakery, restaurants, the banks, whatever, all the way from 8th Street through the Cuban Memorial Boulevard, through Coral Way, which is now really nice, to our gorgeous Vizcaya Metrorail Station. You know, there's something very important we should all do here today right now. There are two City ofMiami Page 91 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 things. One is admit and the other is recognize that the City ofMiami has done a magnificent job with the Cuban Memorial Boulevard It's beautiful and it's safe. You can walk your dog, roller skate, whatever, without being threatened by cars. We should also recognize that the Coral Way Beautification project has turned out really, really well. Coral Way is now very attractive and practical. It's nice. This project, Lumiere, will be a wonderful complement to what the City has been doing. We need buildings like this, buildings that promote and encourage pedestrian and bicycle traffic instead of cars, especially here in South Florida, where we have a wonderful climate. You know, we've been building everything for the car for far too long now and it's really gotten crazy. We desperately need to start to change. The traffic circles have been a very good change to some of our antiquated City codes. All my neighborhoods love them now. I cannot believe there's been opposition to these wonderful circles, as there has been to the Cuban Memorial Boulevard. Can you imagine why anyone would oppose these wonderful projects? I sure cannot. Anyhow, I urge you Commissioners to please, please keep up the good work, keep us going in the right direction, and approve this well -planned Lumiere project. Thank you. Chairman Gonzalez: Thank you. Mr. Cruce: Sir -- excuse me. By the way, Mr. Luis Herrera was in my neighborhood collecting signatures against the traffic circle, so I really don't understand, you know, what's going on now. Chairman Gonzalez: All right. No, no, no, no. Mr. Herrera: Let me answer one -- Chairman Gonzalez: OK. Go ahead -- Mr. Herrera: -- please. Chairman Gonzalez: -- go ahead. Mr. Herrera: You making a big liar. Mr. Cruce: No, sir. Mr. Herrera: Right there. Showing me -- show me where I taking signatures. Showing me. Mr. Cruce: Well -- Mr. Herrera: Prove to me. Mr. Cruce: -- OK, I will, I will. My neighbors are there; they remember you, sir. Chairman Gonzalez: Yes, ma'am. Good afternoon. Mary Rice: Good afternoon. My name is Mary Rice, andl have lived at 1250 Southwest 19th Street for over 50 years. My neighbors have followed your process regarding this matter. Your Planning and Zoning boards have overwhelmingly voted to deny this proposed change. Those two voting bodies deserve to be heard. The vast majority of the neighborhood, the voting neighbors, is overwhelmingly on record as opposing this change. For this Commission to disregard the wishes of the neighbors is wrong. You have not been elected to do the wrong thing. The developers of this property purchased the land knowing full well what the zoning is. Likewise, the neighbors purchased their homes, have raised their families in compliance with the existing codes. For you to ignore the preexisting covenant is against the principles of this country's representational democracy. You might be interested in a recent letter, distributed by City ofMiami Page 92 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Coral Way Elemiddle. The letter advises the parents of very young children that the pre-K ( Kindergarten) program is going to be moved to Shenandoah Middle School; lack of space. Clearly, more families, with more children, is the last thing that Coral Way Elemiddle School needs. I personally hope that the Miami -Dade Public School revisits this issue. I don't think little pre-K kids belong in the same setting as 8th graders. All right. Commissioner Sanchez, we are your neighbors, your constituents. You have sworn to represent our wishes. I call on you today to respect those wishes. I call on the entire Commission to respect the findings of their Zoning and Planning boards. Please do the right thing and vote to deny this change. Thank you. Chairman Gonzalez: Thank you. Yes, sir. William Gimenez: Good afternoon. Commissioners, I come in front of you because the project is not what they describing here. I agree with one of the gentlemen that say that the staff of the City ofMiami did a good job. They sure did a good job. They deny this application, both the Zoning and Planning, and we are here discussing about what is deny. If you have 132 more cars -- let's say a hundred, a hundred cars because they not going to say all that, but let's say a hundred cars more in Coral Way and 13th Avenue, you ain't going to have no kids riding bicycle, you ain't going to have no people working -- walking on the street. You going to have a car right after the other one on top of whatever. It's going to be a big, big mess. Ask your Police Department. In 16th Avenue and 23rd Street, they are giving approximately 25 tickets per afternoon, from 4 o'clock to 6 o'clock in the afternoon, from 4 o'clock to 6 -- at 6 o'clock in the afternoon. Forty-five tickets every single day, and if you don't believe me, go there. The police has been there now for three weeks. Now, they say about the circles. I agree with the circles, but not in the wrong way; in the proper way. We cannot put a circle in Coral Way. There's no way, and more cars are going to come and come and come. The traffic is horrendous in Coral Way, both way, in the morning and in the afternoon. I don't care which one you pick. There's a lot of cars in that Coral Way. Once we get one body kill, it's then when we going to start worrying about, just like it happen in 16th Avenue -- 16th Court and Coral Way. Once that happen, everybody wants to put the circle, the stop signs, and everything else, but it's one dead people. In front of this building, we got Coral mental [sic] -- elementary. All those kids there, what are they going to do on the -- when the hundred and some cars come in the afternoon? Come on, please. Leave the neighborhood the way it is. Mr. Sanchez, I simply apologize for whatever happen. Chairman Gonzalez: Thank you. Ms. Thompson: Excuse me, sir. We need your -- Chairman Gonzalez: Thank you, sir. Ms. Thompson: -- name -- we need your -- Mr. Gimenez: Oh, I'm sorry. I'm sorry. William Gimenez, 2298 16th Avenue, andl live in that house 40 years, 40 years, andl came into this country in 1959, and I've never left this country. I like my neighborhood. Chairman Gonzalez: Thank you. Ms. Thompson: Thank you. Chairman Gonzalez: Next. Next, please. Vice Chairman Sanchez: Willy, andl accept your apology, andl have no issues with you, whatsoever. City ofMiami Page 93 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Gimenez: No, but concentrate, Joe, on the issue that we have. Excuse me. Concentrate, Joe, please. I mean, Commissioner. Commissioner Sanchez, concentrate in the issue that are we talking, on the task that we have. Do not take this personal, please, I beg you, I beg you, and you know I love you. Chairman Gonzalez: Thank you. Next. Maritza Barrios Pereira: My name is Maritza Barrios Pereira. I live at 1271 Southwest 21 st Terrace, directly across this project. Now, during the hurricane, I drove down Brickell Avenue, and there were showers of glasses falling on the street. I don't want that happening in my property, that this building will overshadow my house. I have lived there for 16 years, and the gentleman said, let the renaissance go on. At the expense of what, the neighborhood, the historic neighborhood that we have? At that expense. He says there's no traffic; that the traffic -- they could bring any expert. When you drive down Coral Way in the morning -- it used to take me seven minutes to get to work. Now it takes me more than 20 minutes, so please consider. If they want to build a house in front of your -- a building like this in front of your house, how would you feel? Vote with your heart, because this project affects me and my family, personally, as well as all my neighborhoods [sic]. Thank you. Chairman Gonzalez: Thank you. Next. Pedro Diaz: Good afternoon. My name is Pedro. I reside on 2121 Southwest 13th Avenue. Chairman Gonzalez: Pedro, what's your last name? Mr. Diaz: Diaz. Sorry. Chairman Gonzalez: OK. Mr. Diaz: All right. There's no reason to justify this upzoning. There's no need to upzone the R-1 in order to develop on Coral Way. Honestly, there's plenty of land around the city they could develop. You know, I've been living there for a while, you know, pretty long time, and it's going to be nasty to see a big building in front of my house, you know. I remember playing outside with my brother before, like when we first moved there, and everything was all right. Imagine a big building there; you're not going to have any privacy, you know. The display boards, I couldn't really see. I saw it on the TV (television). You know, they show how the R-1 zone has been degraded and, you know -- but what think-- what hear from them, I see that they already -- they think it's junk already, so I just want you guys to oppose this project. Thank you. Chairman Gonzalez: Thank you. Next. Zulema Rivero: Hello. My name is Zulema Rivero, andl reside at 2121 Southwest 13th Avenue, directly across from the Palomo residence. Yes, it is definitely a beautiful building, and like I've mentioned at other times, it is a beautiful building, but we do not believe that this building belongs in our neighborhood, a small neighborhood. Just a couple of points to go back to some of the issues that were brought up. There is a law firm and there is a real estate office across from the current Palomo lot. They are both what they call two-family residence. The zoning on none of those properties were changed. Right here. With regards to El Liga Contra Cancer, it is on 12th Avenue, and it's a one-story building. Of course, it is commercial, but it is a one-story building. The largest within our area is two stories. The only other building that they touched upon, which was relatively close to our area, was the building on, I believe it's 14th or -- the one that's like 13 or 14 stories, by the Winn -Dixie. That one, yes. It was brought up -- I don't know how that came up, but -- well, it's up. If you happen to look at it -- I've -- you know, I called City ofMiami Page 94 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 myself it's been told. All the units are sold, but if you go by there at any particular day, any partic -- the units are half -lit. That building is empty. Half of the building is empty. Other than that building, I cannot see -- I don't know how they could point at any other building, other than past, of course, 27th, which is, you know, a different area altogether. Basically, our points here are -- we wanted to preserve our neighborhood, like Commissioner Spencer [sic] was, you know, so passionate about Overtown, wanting to build it, rebuild it; have them come back to, you know, say, OK, you know, we want to have our kids, second generation -- that's what we are, second and third generations -- coming back to our neighborhood. We already have that. We're just trying to preserve it, and we're trying to keep what we have, and we honestly feel -- like I said, we have nothing against the Palomos. They have had their business there for a while. I think since -- like 15 years. Their property, I think, (UNINTELLIGIBLE) like 2003 or something to that effect, they moved in, and not that it leads to anything, but I don't think that they'll be living there too much longer. Rumor has it that they're moving back to Panama, so -- I mean, I apologize, but that's the rumor that has it, amongst other rumors which are just rumors, but doesn't have nothing to do with it. Chairman Gonzalez: Your time is up. Ms. Rivero: OK. Chairman Gonzalez: All right. Thank you. Anyone else? Judy. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I'm very familiar with this neighborhood because I worked at the Opera, which is right there, and the lawyer she mentioned who's across the street from my project, Carl Spatz, is my attorney, and I'm a frequent visitor to Mykonos, and my favorite and where I take people from New York and everywhere else is Zuperpollo. I'm sure you've all been there. Everybody should go. It's great. Anyway, I'm not going to talk about my credentials, Mr. Gonzalez, you'll be glad to know, because I'm always doing that on different issues, but would like to say that although I didn't do any of this in Little Havana, that I was a Girl Scout. Chairman Gonzalez: Wow. Ms. Sandoval: Yes. Anyway, all want to say is as far as the bicycle riding, I'm a bicycle rider. I have a pass. That's really nothing to give somebody who buys a condominium for hundreds of thousands because you get it free. You just go down Government Center. It takes five minutes, but as far as riding a bicycle around that neighborhood, just try riding it on Coral Way. You'll be killed, and you can't ride bicycles on the sidewalk, on any of Coral Way, down toward 27th Avenue. You can't even ride it in my neighborhood. I -- because we have no bicycle pass, and the advertisements at the bus shelters stick up in front of the -- across the sidewalk, you can't ride on a sidewalk. The bicycle riding is wonderful, and they do it all over the world, but we don't have the facilities to do it, so it's really not something to make a big point out of in this case, and the other thingl wanted to talk about is these transition townhouses at the back of this building. There're a number of townhouses being built in the neighborhood. They're built attached to buildings on Coral Way. They're built as single structures in Vizcaya Roads, and they're all terrible. They don't fit in with the neighborhood and these don't either. You can't make a transition of a story or two and then you've got a 14-story building behind it. Just look at the ones, the Luxor and the Catalonia on 27th Avenue. It's just a monster sticking up in the sky. I know your house, Mr. Sanchez. It's really lovely, and it would be terrible in front of your house, as it would in front of mine, or Mr. Regalado's, or Marc's, and please deny the project. Thank you. Chairman Gonzalez: Thank you. Anyone else? Vice Chairman Sanchez: Rebuttal. City ofMiami Page 95 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: Seeing none, hearing none, I'm closing the public hearing. Vice Chairman Sanchez: Rebuttal. Chairman Gonzalez: Rebuttal. Ms. Garcia -Toledo: Thank you. I'll try to be brief. As I said in my original presentation, the site, subject matter of this application, has two single-family homes and those will be replaced with two single-family homes. As you will see on the board, the transition is not from the single-family town homes into the building. It is a gradual transition, and over half of the tower of the building -- actually, let me show you up to where. The bulk of this building is on the C-1 property. The -- there is -- I would ask the Chair or the Commissioners to ask or confirm with your Planning Department the work that we did, and the fact that the design of this project received a favorable consideration from their Internal Design Review Committee. The Department could not recommend approval of this project simply because the Department is not authorized to accept the covenant that limits us as to what we can do. The Department cannot sign or recommend a blank check and neither can the boards below, so I welcome you to quiz your own staff on that issue. We are not building 150, which is the density that Mr. Fernandez said could be built on this site. In fact, that is the very reason for the covenant, because we are limiting what we can build to 66 units, and that is 64 units in the tower and the two town homes. We also have a covenant with the School Board, where we are paying a very substantial six figure to pay for the additional children that will come into the schools that were referred to. You also saw the buildings, the similarly situated buildings on the video. The -- this is basically our presentation. We thank you for the time, and we hope that you will support this project with the proffered covenant, limiting ourselves to just building this project. Thank you very much, and if you have any questions, we'll be happy to answer them. Chairman Gonzalez: Thank you. All right. It's back -- yes, sir. Were you here or you just --? Mr. L. Fernandez: Would like to -- just to give this to the Commission, this picture of the neighborhood. It's one for each, right? Can you help me here, please? Chairman Gonzalez: What was that? All right. The public hearing has been closed. It comes back to the Commission. Commissioner Spence -Jones: Yes, Mr. -- Chairman Gonzalez: Commissioner Sanchez. Commissioner Spence -Jones: -- Chairman, I just want -- I guess he's yielding to me for a second. I just want to have some clarity on something. Is -- Chairman Gonzalez: Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: -- there a staff member that --? Can they --? Can I have a staff member? OK. I just want to ask -- there was couple of statements that were made and they basically kind of focused on the recommended denials on the project. Has anything changed at all regarding these projects, at all? Roberto Lavernia ( Chief of Land Development, Planning Department): The analysis that you have in front of you is for the land use and zoning change based on the Planning Department have concerns about commercial intrusion into residential. Commissioner Spence -Jones: OK, so origin -- I'm just asking a question -- originally, the City ofMiami Page 96 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 building was how tall? Was it a different height at one particular time? Has it changed at all? Mr. Lavernia: There's no analysis for the building. The analysis is for the land -- Commissioner Spence -Jones: Land. Mr. Lavernia: -- use and zoning change. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: That's the next one. Commissioner Spence -Jones: All right. No. I just wanted to be clear. Well, we're taking up both. Aren't we taking up 4 and 5? Yeah. We're taking up 4 and 5 now, correct? Mr. Fernandez: Yes, yes, you are. Commissioner Spence -Jones: OK, so I can ask -- Vice Chairman Sanchez: You can ask -- Commissioner Spence -Jones: So my question was -- Vice Chairman Sanchez: She could ask a question. We're taking up both of them. Commissioner Spence -Jones: Yeah. I'm taking up both of them, so -- Mr. Lavernia: You can ask questions. I don't have the project in front of me or an analysis for the project. I think that -- Commissioner Spence -Jones: Does anybody from staff know how tall the building was originally? Ana Gelabert-Sanchez (Director, Planning & Zoning): I don't -- we don't recall. The project has been reduced in height, and I'm sure the exact amount of stories, but the project has been reduced. What this is is a land use and zoning, but there is a project that is -- has come that is at the Department. It's a Class II Special Permit, and that one has been reduced in size. It has -- we have been working with the applicant, as far as creating the transition into the neighborhood, and the building was the first -- the initial time that they brought it, andl do not recall the height. It was a taller structure, and they have been bringing it down and allowing also for a transition of townhouses on the back, which is what the -- Commissioner Spence -Jones: So the original -- Ms. Gelabert-Sanchez: -- Vicky Garcia -Toledo. Commissioner Spence -Jones: -- application didn't include the transition in the back? I guess that's what I'm trying to ask. Ms. Gelabert-Sanchez: Well, the project has -- they have -- the project has come through the Internal Design Review, and it has been going for a while, and we certainly could bring those in. I just don't have them, because like Mr. Lavernia said, this is a land use and zoning change, but the project, they've been working with the Department, and they have been bringing it down, and they have created the transition that we have been asking for. The concern is that it -- in our recommendation, the Planning Department is not -- we cannot accept the project or base an City ofMiami Page 97 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 approval based on a covenant because we don't have the power to accept it. Commissioner Spence -Jones: Yes. I -- Ms. Gelabert-Sanchez: That's the Commission's. Commissioner Spence -Jones: OK. I understand. I just wondered, you know, whether or not it had changed from the beginning to now. Mr. Fernandez: If this item -- Mr. Chairman, if this item is successful, you will get to see it once again when a Class II -- no? Vice Chairman Sanchez: No. Ms. Gelabert-Sanchez: No, no. The -- if the Commission decides to accept the covenant, then they -- and gets -- and the applicant gets the zoning change, they will proceed with the Class II and the Class II would be given. Unless the Class II is appeal -- Commissioner Sarnoff Right. Ms. Gelabert-Sanchez: -- then the Commission -- and then it goes to the Zoning Board and then to the City Commission, so at this time, the Class II, it would be an administrative approval. Vice Chairman Sanchez: Any other questions? Commissioner Spence -Jones: No. Thank you, Mr. Chairman. Vice Chairman Sanchez: Mr. Chairman, ifI may on the issue. I have been writing some of the concerns that the neighbors have, andl would want the opportunity to clam some of the statements that have been made, but I'm just going to go ahead and ignore that. Let's just go to a couple of things that I -- that need to be answered, both by the applicant; of course, by the City staff. I think it's important for us to recognize this. In working with the staff -- and this question is applied to you -- how many times has this application been revised? Ms. Garcia -Toledo: Commissioner -- Vice Chairman Sanchez: Because we've been at this for about, what, three years? Ms. Garcia -Toledo: Roughly, we've probably revised -- in working with staff we probably have revised this project about six times. Vice Chairman Sanchez: I just want -- Ms. Garcia -Toledo: We were originally about 16 stories. We were a Major Use Special Permit, and we hadPUD (Planned Unit Development) bonuses, and we had affordable housing bonuses, and of course, all of that was reduced and removed in coming down to this process, and think we were, at one point, at a hundred or a hundred and plus units and we're down to 66. Vice Chairman Sanchez: This project has not been in front of us because I think that it was always to try to get a good project that I felt that, you know, would be acceptable by all, but that, at times, is pretty difficult to accomplish. Now, the question that I have towards the Administration is -- it's -- does the covenant give the residents to the north across the street adequate protection with the two-story townhouses? And the reason why I say that, because I know the neighborhood very, very well, and the concerns that have, as Ms. Rivero, the property across the street, because that's divided by a street. Now, that property there, with the City ofMiami Page 98 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 townhouses, does it provide a protection as a transition towards those properties? Ms. Gelabert-Sanchez: We believe it does because it creates the transition on scale and on use, which is the residential. Vice Chairman Sanchez: Now, for the record, it's even been put that there are several other projects that have that transition, based on going from commercial to residents across the street to R-1. The project, 30 [sic] Coral Way, which is the Aston -- Ms. Garcia -Toledo: Aster [sic]. Vice Chairman Sanchez: -- has it. Ms. Garcia -Toledo: Aster [sic]. Vice Chairman Sanchez: Midtown Loft also has it. Gables Marquis has it also. I believe those are all in Commissioner Regalado's district. Coral Sea View does not have it. Coral Sea View, my understanding was it was built as right because it has that street that connects Winn -Dixie to 14th Street. Does the covenant commit to the development the -- actually is compatible with Miami 21 regulation as to the transition corridor? Since we're going to Miami 21, nothing has been implemented. I want to put that on the record, because I -- you know, somebody could dispute that. Miami 21 sets these transitions in areas that have a corridor. Believe it or not, the Cuban Memorial Boulevard was built to be a great corridor. Now, people have said that, you know, are you going to change the zoning? IfI change the zoning on 18th, 17th, all the way down to 9th, which is R-1, I have done -- in three years, four years, we have not done a single change in that area. As a matter of fact, there was (UNINTELLIGIBLE) one house that has been torn down, and they built a duplex, and they had a right because it was duplex zone and it was -- no. It was always a duplex, and they built a new duplex. OK. The one thing that look at this at -- it has art, andl want you to envision this. I want you to envision what we have spent millions of dollars, and that's what the residents wanted, because I do what the residents wanted in meetings. They wanted to beautify the Cuban Memorial Boulevard because it was a dump, all right, and that helped the neighborhood to beautifi, it. It was -- people were throwing illegal dumping. People were changing their oils underneath the trees and damaging the trees, so we've set forth to create this beautiful pedestrian way, connecting two major corridors, Coral Way and 8th Street, andl think we accomplish -- even though there were some people that were here that were totally against the project, and through several community meetings, in reaching out, as I always do -- I try to bring everyone to the table to try to find a solution. We were able to move forward with the project, and we were able to accomplish it. Now, one thing that I'd like to put on the record is that, you know, the parking is a very important issue because I, in my district, have never supported a project that doesn't have sufficient parking. That's a valid issue, especially in Five Points and especially in the other side of -- on this side of Five Points, where the old laundry used to be at, there wasn't sufficient parking, with the meters and sufficient, but parking, it has -- the project has sufficient parking on that, so based on these things that we have put forth, I want to tell you this. I honestly believe that this project would enhance that area, although you may disagree with me. I'm telling you that this project would enhance that area. Why? I'll tell you why. One, it's going to beautify that area, where you're going to have a beautiful entrance into the Cuban Memorial Boulevard, where you're going to have art, you're going to have people coming out and walking through it and experiencing what we want to accomplish there on 13th Boulevard [sic], and second is that -- those two corridors coming in on the side, based on Miami 21, will have a transition, so we either address it now or we're going to address it in eight or nine months or a year when it's addressed in District 2, so having said that, I will make a motion to approve PZ.4 , with the specific conditions: One, with the covenant that the project be project -specific. Ms. Garcia -Toledo: Commissioner, I think -- City ofMiami Page 99 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Well, that'll be PZ.5. Ms. Garcia -Toledo: -- it's to PZ.5. Vice Chairman Sanchez: All right. I'll tell you what, I will make a motion the approve PZ.4, and then I will address these conditions in PZ.5, and the other issue is, Commissioner -- Mr. Fernandez, sir, you're basically -- your arguments up here -- you know, you need competent substantial evidence. You basically did not provide any expert witness to counter the statements that have been put forth. You basically -- the only thing that you put forth was allegations towards me as a Commissioner, having a conflict of interest, and therefore, you had an opportunity to address the issues of great concerns, and you failed to do that, so having said that, the motion has been put forth -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- to move PZ -- Chairman Gonzalez: We have a motion. Is there a second? Vice Chairman Sanchez: -- 4. Commissioner Spence -Jones: I think Commissioner -- Commissioner Sarnoff I'd like to say something. Commissioner Spence -Jones: -- he is -- yeah. Commissioner Sarnoff Commissioner Sanchez, I am familiar with this area. As a matter of fact, it was at Mykonos that I got engaged to my wife, so I know the area pretty well. I'm -- the Roads, in particular that section, has always been a place that I've always found rivaled the Grove, and the work that you've done on there in the past three years absolutely laudable, and that's why I'm curious -- andl don't think this takes an expert. I just think it takes two sets of eyes -- how you can allow an 11-story building to be right -- placed right next to an R-1 neighborhood, and I don't care what Miami 21 says, andl really don't think Miami 21's intention -- at least, it won't be for District 2 -- will be to create high-rises anywhere near R-1 neighborhoods, because I think the backbone certainly of this country andl think the backbone ofMiami still has to be single-family R-1 neighborhoods, and it's my intention, in District 2, to keep the large buildings - - although it didn't work out so well today, mercy me -- down in the downtown area, and allow the neighborhoods to remain the neighborhoods, andl have to tell you, I caution you. I think you should think twice. This is -- it doesn't take an expert to tell you the angle you have to look up -- I mean, when I walk my neighborhood right by the English Center and right by Douglas, andl saw 11- and 12-story buildings with a parking garage as the transition, followed by two, what I think were very meager, townhouses next to firemen's homes, next to the captain on the Fire Department's home, and they get to look up at the people on the balconies and say, hi. That's not what an R-1 neighborhood is, so I really caution you right now -- just because somebody's calling this a transition street or somebody's suggesting to you this needs to be a transition neighborhood, I disagree. The Roads is a place I find intriguing. I think it may someday become the most valuable piece of property in all ofMiami, andl really urge you not to go forward with your motion because I think you're going to do damage to your own neighborhood. Vice Chairman Sanchez: Couldl -- could you put up the map where it shows the properties as to what is commercial and what is R-1, and maybe I could shine some light on the issue? It's that one. Commissioner Sarnoff, if you look at the SD-23. City ofMiami Page 100 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Sarnoff I know where it is. Vice Chairman Sanchez: You see the corner of 12th Avenue, and you have Liga Contra Cancer there. That right now is a one-story building, but that is C-1. Look at the entire corridor of Coral Way, which is C -- now, when you get to 13th and Coral Way, you have C-1, and then, in the back, you have R-1. Those -- that area there, what better place to have a transition into a beautiful pedestrian friendly corridor where there is a street dividing it? If there wasn't a street, I would not support this, but the street in itself provides a buffer with the town houses, to provide that development with the art, which I will put -- there's some conditions that I would apply at the next item. The transition falls in place because right there, you have already two businesses, and those two places -- those two corridors, the one on the east and the one on the west, are going to be zoned -- changed so we could have a smooth transition into Southwest 13th Avenue, the Cuban Memorial Boulevard. That's the only thing that I'm willing to change. Now, if someone would say, OK, it's not that one, but the next street, 21 st or 19th, that I would never support, but this enhances and improves the area as to what it is right now. You have two homes right now that are in poor condition, or so they're not as beautiful as I would like to have, and the only way to make this project viable, where it is pretty and consistent with what we want to accomplish there is to allow it this way, with the conditions that I'm going to be putting forth. I think it's the best -- listen, I make decisions that I could live with. I could live with this decision. I disagree with some of my constituents, andl don't like to disagree with them, but at the end of the day, I have the courage to act and do things that I think are good for my district, and I'm not -- once again, I want to emphasize that there's been some projects that I've done, andl have done everything I can -- when I took over Little Havana, the hardest work that I had to do was change the image of Little Havana, all right, but today, thanks to creative innovative ways of beautiing our city and beautifying our streets and being creative, we have been able to beautf it. This project, along with the other one, if it's done correctly -- because we've been at it for three years, andl guarantee you, there are some neighbors here that wouldn't even support a four-story building there because it doesn't have anything to do with that project; it's got something to do with this Commissioner, so as having said that, I think I've said enough, and I'm prepared -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- to move on the item. Chairman Gonzalez: We have a motion on the floor. Is there a second? Commissioner Spence -Jones: There's a second, with a question. Chairman Gonzalez: All right. There is a second. Commissioner Spence -Jones, you're recognized for your question. Commissioner Spence -Jones: I just want -- the only thing that I really want to add on the issue, for me, the reason why I could be comfortable with the project is because of the buffer of the residence part of it, going from lower residence in the back and higher towards the front. That -- if that was not happening in this project, then it would be extremely difficult for me to support it. Seeing that as the buffer going into the larger building makes it a lot easier. Now, I do want to say this. You know, we haven't gotten to this point in Liberty City, but we're definitely working on MLK (Martin Luther King) Boulevard, which is definitely going to be a commercial corridor, and our goal is to make sure that we, at least, bring, you know, retail space or commercial space on the bottom because, quite frankly, we need it in Liberty City area. Very decent from your community, Commissioner Sanchez, but it's something that's needed, so -- andl will have the same -- similar type of issues in my district because behind many of the commercial properties that are on MLK Boulevard, which we're trying to create our own freedom trail in honor of Dr. City ofMiami Page 101 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 King, we're going to have residential units or residential housing right behind it. My biggest issue in my area, for instance, would be -- I've lost so many people in the area, so I'm trying to not only keep the people there, but I'm also trying to attract more people that had to be displaced because of all the buildings knock down, and projects similar to this are very important to have in order to rebuild a neighborhood, so the only reason why I would be supporting something like this even attached to something like the Cuban Memorial Boulevard it's important to have people. You need to have people in the area in order for the businesses to be vibrant, in order for, you know, just the area itself to be uplifted, and if the back portion was not included on there, then I would have a difficult time supporting this. I'm hoping that the next item, the conditions will be placed on this to ensure some key things for the residents, and that's just my point on my vote. Chairman Gonzalez: All right. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. The other day I was getting a briefing from the City Attorney, andl ask him how it was possible for me to place a land use change moratorium only in District 4, and he went into different legal scenarios and, you know, it is difficult because it has to have a time certain and all that. The reason I ask that is because I was really sorry to see the Planning Board approve Miami 21. The -- andl mention this because it was the issue raise on this case. Because the briefings that have received several by the planners hired by the City have show me that this what they call transition, or T4, or T6, and T7, is a blatant attack on the residential homes, andl agree with Marc. Residential homes were the core of the City then, now, and it would be forever. The City ofMiami is made of residential areas, and the fact that we are about to discuss Miami 21 in the City Commission -- and maybe approve it, not with my vote -- it shows that the residentials will not be protected, and it's -- so it is important to discuss this project. This project does der from the other projects in Coral Way that Commissioner Sanchez mentioned because 22nd Terrace is a very long street from 27th to 37th Avenue, and if you remember, the first condition that this Commission place always was that they cannot exit, nor they can come in, nor they can use as a right turn, a left turn, 22nd Terrace. Everyone who has built on Coral Way should use Coral Way as an exit and as an entering and exiting the building, so I just wanted to place that in the minds of some of the residents here that are very active. Please do look at Miami 21 with a critical eye because it is about attacking residential, and this is what the residents here are defending and the developers are promising to defend, so that's what I wanted to say. Chairman Gonzalez: All right. Mr. City Attorney, will you read the ordinance, please? Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, Madam City Clerk. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. City ofMiami Page 102 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance has been passed on first reading, 3/2. PZ.5 06-01056zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 38, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1292 SOUTHWEST 21ST TERRACE AND 2149 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01056zc Analysis.pdf 06-01056zc Zoning Map.pdf 06-01056zc Aerial Map.pdf 06-01056zc Letter of Intent.pdf 06-01056zc Application & Supporting Docs.pdf 06-01056zc ZB Fact Sheet.pdf 06-01056zc ZB Reso.PDF 06-01056zc CC Legislation (Version 2).pdf 06-010561u 06-01056zc CC Exhibit A.pdf 06-01056zc CC FR Fact Sheet 01-25-07.pdf 06-01056zc CC FR Fact Sheet 02-22-07.pdf 06-01056zc CC FR Fact Sheet 03-22-07.pdf 06-01056zc CC FR Fact Sheet 04-26-07.pdf 06-01056zc submittal pettition by various.pdf 06-01056zc submittal pettition by Viscaya Home Owners Assoc..pdf 06-01056zc submittal photo.pdf 06-01056zc submittal photos.pdf 06-01056zc submittal status of certificate of use.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 City ofMiami Page 103 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commercial. Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 2 - Commissioner Sarnoff and Regalado Chairman Gonzalez: PZ.5. Vice Chairman Sanchez: Please, those that are leaving, please stay; I want to address you on PZ.5, if you allow me the opportunity. Chairman Gonzalez: PZ.5. Vice Chairman Sanchez: On PZ.5, before I vote on the issue -- OK, so move PZ.5 with the following conditions. The conditions is that the project will be project -specific; that's the covenant. In other words, if this project is not built, which I am comfortable with that project, I think it is a beautiful project, andl think, in the long run, this is the best possible project for that site, so it's got to be project certain. If it's not built, then it would revert back to the original -- that's the safeguard that want. Jorge L. Fernandez (City Attorney): And this is a proffer that the applicant -- Vice Chairman Sanchez: Yes. Mr. Fernandez: -- is making? Vicky Garcia -Toledo: Yes. Vice Chairman Sanchez: And that is a proffer. The other thing is artwork shall not be reduced. If anything, the artwork should be enhanced, because what we want to do on that boulevard is to beautin, it and enhance it with plenty of art in public places. Now, for those that stayed and did not leave, you have entrusted me, as your Commissioner, whether you voted for me or not. Let me tell you something. I have never done anything that would destroy your quality of life or disvalue your property. Everything that I've done in that district, with plenty of opposition, whether it was political or not, I have done it to beautify the area. This project would enhance your property value, would improve your quality of life -- just because 130 cars are moving into the neighborhood, you may think it's going to jeopardize your -- I don't think it's not. I think it's going to, one, create an ambience where you're going to have people now come from other areas. Mr. Herrera, maybe you could walk over now and walk the Cuban Memorial Boulevard and go down to 8th Street and have a cup of coffee, or someone from 8th Street could come all the way down to Coral Way and maybe go to the Greek restaurant or maybe go to Super Pollo. That's what we want to create there, so I want to just state for the record that I have never -- and I will refuse to do something in our district that would, one, disrupt the quality of life, discredit your property or disvalue your property, because I want to create things that are going to be for the betterment of our community, and this project, the way it is designed, after three and a half years and several modification, finally, I think it's something that's acceptable to that area, so that's why I am support it with the following conditions, and those are the two conditions that have. One is to protect the residents in case it comes back and there's modification to it or there's changes, the project has to be project specific, where it reverts back to the property it was, and the other is to increase the artwork, and of course, not to reduce the artwork. Having said that, I move PZ.5. Chairman Gonzalez: All right. We have a motion on PZ.5 -- City ofMiami Page 104 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. It's an ordinance, Mr. City Attorney. Mr. Fernandez: Yes, andl would like for the record -- for the applicant's attorney to, in fact categor -- Ms. Garcia -Toledo: IfI may. Yes, I would like to voluntarily proffer on the record -- and in fact, I have already prepared a covenant that has been approved as to form and correctness by the Law Department. It only had the site specific issue. I will make the appropriate corrections to expand our voluntary proffer to include that, if, for any reason, this project is not built, we will voluntarily bring back the property to make it R-1, as it was. It will revert back to what it was. Vice Chairman Sanchez: To R-1. Ms. Garcia -Toledo: To R-1, and that the -- Vice Chairman Sanchez: And those -- both properties that are R-1. There are two properties in the back that are R-1. Ms. Garcia -Toledo: There's two properties in the application; they're both R-1, with an SD-12 overlay, as it is now, and that the art will be the same as shown on the plans, and under no circumstance, will it be diminished in size, and that is a voluntary proffer that will be brought back to you on second reading as part of the covenant. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: All right. Before calling roll call, the -- all the arguments used on the -- all the arguments presented by the opposition, by counsel, and the neighborhood will be incorporated on the record of the second -- ofPZ.5. Vice Chairman Sanchez: Reading. Chairman Gonzalez: Do you agree with that? Unidentified Speaker: Yes, sir. Thank you. Mr. Fernandez: Yes. Chairman Gonzalez: All right. Having said that, roll call. Priscilla A. Thompson (City Clerk): Before the roll call, I just want to check with the City Attorney to find out whether or not that proffer thereby modifies your first reading ordinance? Mr. Fernandez: Yes, it does. It's second and final; passes with those two modifications. Ms. Thompson: Thank you. Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff No. Ms. Thompson: Commissioner Spence -Jones? City ofMiami Page 105 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes, as amended. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance is passed on first reading, 3/2. Ms. Garcia -Toledo: Thank you. PZ.6 06-02234Iu 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 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. 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 Commission Con 06-022341u CC SR Fact Sheet.pdf 06-022341u Submittal Letter - Miami River Commission.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 Infill 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 City ofMiami Page 106 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 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 ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12914 Chairman Gonzalez: All right. PZ. 6 is a second reading. Roberto Lavernia (Chief of Land Development, Planning): May I? Chairman Gonzalez: Go ahead, go ahead, please. Sorry. Mr. Lavernia: The following five items are companion items; 6 and 7 are land use and zoning change for the river side of the street, which is Northwest South River Drive; 7 and 8 are the land use and zoning change for the other side of the street, and item number 10 is the Major Use. Chairman Gonzalez: All right. Mr. Lavernia: This was fully -- Chairman Gonzalez: Let -- Mr. Lavernia: -- presented at first reading and was approved. Do you want to hear the analysis again or do you want to go to --? Chairman Gonzalez: No, I don't think so. Let's see if we -- is there any opposition here for PZ. 6, 7, 8, 9, or 10? Anyone that wants to speak on PZ. 6, 7, 8, 9, or 10? Yes. Ashley Chase: Hi. Good afternoon. Ashley Chase, Miami River Commission, 1407 Northwest 7th Street. I just wanted to put into the record that on November 6, 2006, Simon Ferro, of Greenberg Traurig, presented River's Edge to the Miami River Commission, and the MRC (Miami River Commission) found it consistent with our Urban Infill Plan's "Lower River" recommendations as it features a publicly accessible riverwalk. Thank you. Chairman Gonzalez: You're welcome. We had a presentation on the first reading, right? Mr. Lavernia: I need to present the Major Use and put -- Chairman Gonzalez: Go ahead. Mr. Lavernia: -- the Planning conditions on the record. Chairman Gonzalez: Yes, go ahead. Mr. Lavernia: This is a project name River's Edge that is going to be at 201, 216-20, 243, 250 Northwest South River Drive, and 601, 609, 615, and 619 Northwest 2nd Street, to construct an approximate 221 feet and 2 inches of height, 21-story, 300 residential unit, 11,000 square feet of retail space, 8,000 square feet of restaurant space, and 518 parking spaces. The Planning City ofMiami Page 107 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Department is recommending approval, and I'm going to put on the record condition 11, with Planning Department condition. Pursuant to design -related comments received by the Planning director, the applicant shall meet the following conditions: Provide a detail sheet of the south elevation of the building, indicating what materials will be used to treat the unlined portion of the garage; (b) provide dimension and details of proposed covered arcade along Northwest South River Drive. A minimum dimension of 10 feet wide, measured from interior face of column to the wall, is required for the proposed arcade; (c) proposed waterfront shall meet the City ofMiami Baywalk/RiverwalkDesign Guidelines; (d) provide further details for the proposed restaurants along the waterfront, and (e) provide a complete tree survey of existing conditions including species, diameter and spread, including all trees in the right-of-way. Thank you. Chairman Gonzalez: Thank you. All right. Commissioner Sanchez. Vice Chairman Sanchez: Well, there's no opposition to this whatsoever, is there? Chairman Gonzalez: No opposition. No one wants to speak on the -- on any of the items. Vice Chairman Sanchez: All right. Why don't you just -- Chairman Gonzalez: You want to speak on the item? Unidentified Speaker: There is this thing about the building on Coral Way. Vice Chairman Sanchez: Oh, no. That's already -- Chairman Gonzalez: No. That's already done. All right. Yes. You want to make a comment? Go right ahead. Vice Chairman Sanchez: On this issue? On this one? Judith Sandoval: Yes. Judy Sandoval, 2536 Southwest 25th Terrace. I'm speaking now as cochairman of the Parks in Public Spaces Committee ofMiami Neighborhood United, andl would only like to suggest that -- put more trees, more shade trees where the public is going to be walking and using the riverfront. Chairman Gonzalez: That's a great -- Ms. Sandoval: Could you do that? Chairman Gonzalez: -- idea. More trees. I think we're all for that. Simon Ferro: Mr. Chair, Simon Ferro, 1221 Brickell. We will certainly comply with whatever the Planning Department or any other agency ask us to do regarding landscaping, so there'll be a landscaping plan and there'll be subject to City's approval. Ms. Sandoval: Good. Chairman Gonzalez: Very good. Ms. Sandoval: Shade trees. Chairman Gonzalez: Shade trees. Vice Chairman Sanchez: All right. My only concern on this, it's the creation of the walkway City ofMiami Page 108 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 along the river, which is very important for us to be able to connect the entire river, and that -- Mr. Ferro: Mr. Chair -- Mr. -- Commissioner -- Vice Chairman Sanchez: Could you address a little bit on that? Mr. Ferro: -- that -- yes. That is incorporated into our plan. Again, Robert Behar, who's our architect, may want to go into more detail. Vice Chairman Sanchez: Well, I want him to earn his money today. If you could give us a little - Robert Behar: Good afternoon. Vice Chairman Sanchez: I'm sorry. I had my mike off. Mr. Behar: Good afternoon. Robert Behar, Behar Font & Partners, 4533 Ponce De Leon. In fact, Commissioner Sanchez, this project is very unique because it's one of those few projects that really opens the waterfront and keeps it open continuously the whole length of the property to promote that pedestrian circulation. In addition, because we are incorporating putting two retail restaurants on the waterfront, so we are not putting any density, residential; we're just keeping it open and keep it to the retail restaurant components on the waterfront. Vice Chairman Sanchez: All right. Are you aware where this property's at by the river? Chairman Gonzalez: I am. Vice Chairman Sanchez: Once we're able to do this, we are almost to a point where we, in the near future, will be able to connect dots along the river and have a walkway that's incredible, and not only that, be able to bring people, which is very important to have an ambience where people could come and not only enjoy walking their families along the river and going to restaurants, and that's the whole key concept that we want to revital -- bring revitalization to an area that, at one time, was considered Little Vietnam in Little Havana, so that's one of the key features that I like in this project. It has no opposition whatsoever. It's got approval from everybody, so it's an easy one for me. I would make a motion -- this is on second reading -- to approve the item. Chairman Gonzalez: All right. Commissioner Sarnoff I'll second. Chairman Gonzalez: We have a motion and a second? Commissioner Sarnoff Yes, and Mr. Behar, just so you know, I actually keep this in my office, and whenever anybody comes into my office, I -- any time it's a park or anything like that, I always say to them, you have to design it to look just like this. Mr. Behar: Thank you very much. Commissioner Sarnoff I'm probably taking a lot of money out of your hands by doing it, but -- Mr. Behar: That's OK. If you can -- thank you. Mr. Ferro: Commissioner, actually, the credit goes to the owner -- the applicant, who, after many months of developing the site plan with staff agreed and knew that there would value City ofMiami Page 109 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 added by keeping it low and putting all the height to the rear, so -- Commissioner Sarnoff I -- Mr. Ferro: -- we appreciate -- Commissioner Sarnoff -- just -- I want Mr. Behar to know that actually, when we were doing the Sasaki Plan, I walked up with this to the Mayor and said, every building has to look something like this, so -- Mr. Behar: Thank you, thank you, and -- Mr. Ferro's saying, I would like to commend your staff because they really were instrumental in persuading us to do something along this line, and really -- at the beginning, we were -- I was personally a little bit resistant. I applaud them for their efforts because it have turned out to be a great project. Thank you. Vice Chairman Sanchez: Robert, I'll -- Chairman Gonzalez: All right, so we have a motion, and we have a second on PZ.6. Read the ordinance, please. 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): Before the roll call, Madam Attorney, just want to make sure that the stipulation on the trees, would that be your modification on second reading? Chairman Gonzalez: It was just a suggestion, andl think they agreed to -- I don't think it's a condition, is it? Maria J. Chiaro (Assistant City Attorney): It -- Chairman Gonzalez: To add more shade trees. Ms. Chiaro: -- the stipulation could attach to item 10, which is the Major Use. Chairman Gonzalez: Right. Ms. Thompson: Thank you. 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.7 06-02234zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, 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 City ofMiami Page 110 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 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 ExhibitA.pdf 06-02234zc CC FR Fact Sheet.pdf 06-022341u, 06-02234zc, 06-022341u1, 06-02234zc1 & 06-02234mu Miami River Commission Con 06-02234zc CC SR Fact Sheet.pdf 06-02234zc submittal Letter - Miami River Commission.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 Infill 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 06-022341u 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 ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12915 Chairman Gonzalez: PZ.7. Vice Chairman Sanchez: I would make the motion also. Commissioner Sarnoff Second. Chairman Gonzalez: PZ.7, we have a motion, and we have a second. It's also an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. City ofMiami Page 111 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 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.8 06-02234Iu1 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 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. 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 Commission Con 06-022341u1 CC SR Fact Sheet.pdf 06-022341u1 submittal Letter - Miami River Commission.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 Infill 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. City ofMiami Page 112 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12916 Chairman Gonzalez: PZ.8. Vice Chairman Sanchez: So move. Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion, and we have a second. Read the ordinance, please. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: All right. Before doing roll call, I did open the public hearing for all of these items. I asked if there was anyone in opposition. I also asked if there was anyone that wanted to speak on any of these items, and the answer was no, so roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.9 06-02234zc1 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, 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 Commission Con 06-02234zc1 CC SR Fact Sheet.pdf 06-02234zc1 submittal Letter - Miami River Commission.pdf LOCATION: Approximately 216-20 and 250 NW S River Drive & 601, 609, 615 and 619 NW 2nd Street [Commissioner Joe Sanchez - District 3] City ofMiami Page 113 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 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 Infill 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 Ds 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 ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12917 Chairman Gonzalez: PZ.9. Vice Chairman Sanchez: PZ.9, andl think this is the final one? Chairman Gonzalez: I think -- Vice Chairman Sanchez: No. Chairman Gonzalez: -- it -- no. I think it's PZ.10. Vice Chairman Sanchez: No. There's one -- the MUSP (Major Use Special Permit). I'll address it on the MUSP. Chairman Gonzalez: PZ.10. Vice Chairman Sanchez: I make -- so move PZ.9 -- Commissioner Sarnoff Second. Vice Chairman Sanchez: -- on second reading. Chairman Gonzalez: All right. We have a motion on PZ.9, and we have a second. Read the ordinance, please. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. City ofMiami Page 114 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 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.10 06-02234mu 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 RIVER'S EDGE PROJECT, TO BE LOCATED AT APPROXIMATELY 201, 216-20, 243 AND 250 NORTHWEST SOUTH RIVER DRIVE & 601, 609, 615 AND 619 NORTHWEST 2ND STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 221-FEET AND 2 INCHES OF HEIGHT, (21-STORY) MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 300 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 11,000 SQUARE FEET OF RETAIL SPACE; APPROXIMATELY 8,000 SQUARE FEET OF RESTAURANT SPACE, AND APPROXIMATELY 518 PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 115 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 06-02234mu - PAB Supporting Documentation.pdf 06-02234mu PAB Reso.PDF 06-022341u, 06-02234zc, 06-022341u1, 06-02234zc1 & 06-02234mu Miami River Commission Con 06-02234mu CC Zoning Map.pdf 06-02234mu CC Aerial Map.pdf 06-02234mu CC Projects in the Vicinity.pdf 06-02234mu CC Legislation.pdf 06-02234mu CC Exhibits A & B.PDF 06-02234mu CC Fact Sheet.pdf 06-02234mu - Front Cover.PDF 06-02234mu - Inside Cover.PDF 06-02234mu - Table of Contents (1 to III).PDF 06-02234mu - 1. Project Information (A to 1).PDF 06-02234mu - I.A Letter of Intent.PDF 06-02234mu - I.B MUSP Application, Rezoning, Land Use Applications.PDF 06-02234mu - I.0 Zoning Write-Up.PDF 06-02234mu - I.D Zoning Atlas.PDF 06-02234mu - I.E Project Data Sheet.PDF 06-02234mu - I.F Deed -Tax Printout.PDF 06-02234mu - I.G Ownership List.PDF 06-02234mu - I.H State of Florida Documents.PDF 06-02234mu - 1.1 Directory of Project Principals.PDF 06-02234mu - 11. Project Description - A (1 to 4).PDF 06-02234mu - 111. Supporting Documents(Tab 1 to 6).PDF 06-02234mu - III.Tab 1 Minority Construction Employment Plan.PDF 06-02234mu - III.Tab 2 Sufficiency Letter and Traffic Impact Analysis.PDF 06-02234mu - III.Tab 3 Site Utility Study.PDF 06-02234mu - III.Tab 4 Economic Impact Study.PDF 06-02234mu - III.Tab 5 Survey of Property.PDF 06-02234mu - III.Tab 6 Drawings Submitted.PDF 06-02234mu submittal Letter - Miami River Commission.pdf LOCATION: Approximately 201, 216-20, 243 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 with conditions. MIAMI RIVER COMMISSION: Found the proposal to be consistent with the Miami River Corridor Urban Infill 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 with conditions* to City Commission on February 7, 2007 by a vote of 7-0. See companion File IDs 06-022341u, 06-02234zc, 06-022341u1 and 06-02234zc1. *See supporting documentation. City ofMiami Page 116 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 PURPOSE: This will allow the development of the River's Edge project. Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-07-0245 Chairman Gonzalez: PZ.10. Vice Chairman Sanchez: All right. On PZ.10, I want to take this opportunity to really emphasize on what the importance of this project is. Not only is it a great project, but it also focuses on an industry that I think we need to embrace more often, and that is the marine industry. I see that it provides marinas. I think that the Miami River, although it's a working river and a historical river, it's going through a transition of a livable river, andl think all three of those concepts need to work together, andl think that, by doing it right, the way we're doing it, I think it's going to be something that, in the future, we could showcase throughout the entire United States as being one of the most beautiful and most pleasant rivers in the United States, so I'm very proud to represent the river on one side, andl know that Commissioner Spence -Jones represents the river on the -- in the other side, but these are the key developments and product -- projects that we're doing to try to blend everything in because everything coinsist [sic]. If you live in the river, you want to be able to go to restaurants, and you want to be able to go out and walk along the river walk, but you also may have a boat, and you may want to park that boat in the marinas, and of course, marina bring a lot of good work and a lot of revenue to the industry, so having said that, I make a motion very proudly to support PZ.10. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: 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. Harold Ruck (Planner II, Planning Department): Thank you all very much. PZ.11 06-01026xc RESOLUTION "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A SURFACE PARKING LOT IN THE "SD-12" ZONING DISTRICT TO SERVE THE ABUTTING DISTRICT, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT City ofMiami Page 117 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 7000 BISCAYNE BOULEVARD, MIAMI, FLORIDA. 06-01026xc Analysis.PDF 06-01026xc Zoning Map.pdf 06-01026xc Aerial Map.pdf 06-01026xc Letter of Intent.pdf 06-01026xc Application & Supporting Docs.pdf 06-01026xc Plans.pdf 06-01026xc ZB 02-26-07 Fact Sheet.pdf 06-01026xc ZB Reso.PDF 06-01026xc CC Disclosure with Exhibit B.PDF 06-01026xc CC Legislation.pdf 06-01026xc CC ExhibitA.pdf 06-01026xc CC Fact Sheet.pdf LOCATION: Approximately 7000 Biscayne Boulevard [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of TNA Palms, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on February 26, 2007 by a vote of 6-0. PURPOSE: This will allow surface parking for the existing Karma Car Wash. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0246 Chairman Gonzalez: PZ.11. Vice Chairman Sanchez: All right. PZ.11 is a resolution. This is Commissioner Spence -- Commissioner Sarnoffs item. Is he going to be able to come back? If not, we'll go ahead and table it for now. We'll go on with the next item. Let's go ahead and try to -- let's do that. Let's go ahead and table your item. Let's go to PZ.12. I believe that's in -- Commissioner Regalado: Go ahead. Vice Chairman Sanchez: -- Commissioner Spence -Jones -- Commissioner Regalado: Joe. Vice Chairman Sanchez: -- district. Is that --? All right. Why don't we --? Is this controversial? Unidentified Speaker: Yes. Vicky Garcia Toledo: Yes. City ofMiami Page 118 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: It is? OK. Well, let's go back to 12 --11. Let's go back to 11. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.11 is a special exception in order to have parking. This item was in front of you couple of month ago for the imposition of the SD-12 in here, and now it's here for the special exception for the layout of the parking. The Planning Department is recommending approval as presented. We review all the conditions required for SD-12, and they comply of all of them. Vice Chairman Sanchez: All right. Mr. Lavernia: Thank you. Vice Chairman Sanchez: Commissioner Sarnoff, I had tabled it because you were out, but you're back. Commissioner Sarnoff I apol -- I -- Vice Chairman Sanchez: We have the item back on the floor -- Commissioner Sarnoff I apologize. Vice Chairman Sanchez: -- and Mr. Ben Fernandez, you're recognized for the record on PZ.11. It's a resolution. Is there anyone here in opposition to this item, PZ.11? All right. You're recognized. Ben Fernandez: Thank you, Mr. Chair. Ben Fernandez, 200 South Biscayne Boulevard. I'm here on behalf of the applicant, TNA Palms, Inc. You have all seen this application before. Unfortunately, this is an application that requires many hearings. It is for an SD-12 surface parking lot to serve the abutting Karma Car Wash at 70th Street and Biscayne Boulevard. It's an existing facility. I think it's a very welcome facility by the neighborhood. It is next to Dogma, same entrepreneur, and they need the additional parking, which is to be located here in this area outlined in red, to serve the car wash, which is right on Biscayne, and it's a vacant lot. There are existing surface parking lots both to the south and to the north that go further west than what we're proposing, so -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- for all those reasons -- Vice Chairman Sanchez: Commissioner Sarnoff, you're recognized for the record. Mr. Fernandez: Thank you. Commissioner Sarnoff Mr. Fernandez, has the distance or the landscaping been reduced at all from the last time you were here with regard to the section that was abutting the residential neighborhood? Mr. Fernandez: No, it has not. It's exactly the same plan that was here before you. We have three large oak trees along the street. Commissioner Sarnoff What size oak trees are you putting in? Mr. Fernandez: Twenty-four feet at time of planting. City ofMiami Page 119 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Sarnoff OK. Vice Chairman Sanchez: You know, that's a 50 percent rate of not -- Mr. Fernandez: Of death. Vice Chairman Sanchez: Fifty percent. Mr. Fernandez: Be happy to provide -- it is -- I know it is -- from personal experience, I know that that's -- Vice Chairman Sanchez: I learned that on the Cuban Memorial Boulevard. Commissioner Sarnoff Want to enlighten me? That's a -- Commissioner Spence -Jones: I know. Commissioner Sarnoff -- 50 Vice Chairman Sanchez: Huh? Commissioner Spence -Jones: Say it again. Commissioner Sarnoff -- percent -- I'm -- Vice Chairman Sanchez: If you replant an oak, it's 50 percent -- when they're mature. There's 50 percent, then it dies. Mr. Fernandez: But 12 -- Commissioner Sarnoff Oh. Mr. Fernandez: -- feet is usually a little more -- Vice Chairman Sanchez: Fifty percent -- Mr. Fernandez: We can do 12. Vice Chairman Sanchez: -- andl -- and we tested it, and it's 50 percent. Commissioner Sarnoff (UNINTELLIGIBLE) that much of a loss. Mr. Fernandez: Yeah -- Commissioner Sarnoff OK. Mr. Fernandez: -- but we had that experience. Vice Chairman Sanchez: Yeah. Mr. Fernandez: Remember the trees that we planted at that -- Commissioner Sarnoff What is your -- what is the buffer between the residential? What is your buffer? City ofMiami Page 120 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Fernandez: We have a six-foot wall right along the property line. This is a requirement of the SD-12 -- Commissioner Sarnoff Right. Mr. Fernandez: -- district, and then there is a five-foot landscape buffer, with a hedge, in addition to the wall, between the first parking space, which is here, and there are nine -- a total of nine parking spaces along the hedge. Commissioner Sarnoff The folks on the other side of the wall will be only looking at a wall. You're not going to landscape their side of the wall, so to speak, right? Mr. Fernandez: No. That's not the plan, but you know -- Commissioner Sarnoff Is that something you -- Mr. Fernandez: -- they haven't asked for it either. Commissioner Sarnoff -- would be willing to do? Mr. Fernandez: I think so. Vice Chairman Sanchez: All right. That could be a condition, if it may be. Anything else, Commissioner Sarnoff? Commissioner Sarnoff No. I'll make a motion to approve it with the condition that they seek permission, and if permission is granted, that they provide the landscaping on the other side of the wall for the unit owner. Vice Chairman Sanchez: OK. There's a motion -- Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- as proffered, second by Commissioner Regalado. The item is under discussion. Before we do that, I want to make sure that anyone from the public wishing to address this Commission, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commissioner [sic] for a vote. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, Madam Clerk, and we move on to the next item. Mr. Fernandez: Thank you. PZ.12 06-00829Iu 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 399 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO City ofMiami Page 121 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-008291u - 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 04-26-07.pdf 06-008291u submittal e-mail.pdf 06-008291u CC SR Fact Sheet 05-24-07.pdf LOCATION: Approximately 399 NE 82nd Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Katia Traikos, Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 21, 2006 by a vote of 7-0. See companion File ID 06-00829zc. PURPOSE: This will change the above property to Medium -Density Multifamily Residential. CONTINUED A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to continue items PZ.12 and PZ.13 to the City Commission meeting currently scheduled for May 24, 2007, as the first and second items on the Planning & Zoning agenda. Vice Chairman Sanchez: All right. Let's take on PZ.12. That's an ordinance on second reading, and -- All right. Just for the record, how many residents are here in opposition to this item? Show of hands. Have you been sworn in? All of you have been sworn in? Unidentified Speaker: No, they haven't. Vice Chairman Sanchez: No? OK. Madam Clerk -- as a matter of fact, anyone who walked in after the break, who will be testifying on any of the PZ (Planning & Zoning) items, please stand up and raise your right hand so the City Clerk could swear you in, please. OK. All right. City ofMiami Page 122 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Madam Clerk, can we swear in the individuals -- Priscilla A. Thompson (City Clerk): Yes. Vice Chairman Sanchez: -- that'll be testifying on any items? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson (City Clerk): Thankyou. Vice Chairman Sanchez: All right. While they set up, the Administration can proceed Let's see if we can make up some time because I know we have one last item that's going to take some time. Harold Ruck (Planner II): All right. Good afternoon. Harold Ruck, for the Planning Department, and for the record, this is a companion item with PZ.13. The -- it was passed on first reading by Commission. If you wish to go through the total analysis or just -- Vice Chairman Sanchez: I think you should put everything under the record. Any time that there's a court reporter taking things into the record, I think it's paramount that we do that. Mr. Ruck: OK. That's good. The proposed -- this is a future land use aspect. This is PZ.12. The proposal at the subject property, at approximately 399 Northeast 82nd Terrace, has been reviewed for a change of the future land use plan map of the Miami Comprehensive Neighborhood Plan from single family to medium density multifamily residential. The subject property is comprised of one parcel fronting Northeast 4th Avenue between the Florida East Coast Railroad and the Little River. The property is approximately 2.59 acres and is bounded by single-family to the west, duplex to the south, and medium density multifamily residential to the east. Planning Advisory Board recommended denial of the application. The City Commission passed it on first reading. Planning Department recommends denial of the application based on the following: The lots immediately west of the subject lot are designated single family residential. The character of Northeast 4th Avenue is low density, specifically, single family residential. The Comprehensive Neighborhood Plan Goal LU-1 promotes a land use pattern that protects and enhances the quality of life in the City's residential neighborhoods and promotes the efficient use of land and minimizes land use conflicts. Finally, Policy LU-1.1.3 encourages the protection of all areas of the City from encroachment and incompatible land uses. These findings support the position that the future land use map at this location should not be changed. Thankyou. Vice Chairman Sanchez: All right. Madam Applicant, you're recognized for the record. Court Reporter, welcome to the City. Vicky Garcia -Toledo: Good afternoon. For the record, Vicky Garcia -Toledo with Carlos Gimenez joining me on this application, and we appear -- are with the law firms of Bilzin Sumberg, at 200 South Biscayne Boulevard, and we're appearing today on behalf ofMr. and Mrs. Traikos, who are the property owners, and I have a very simplistic presentation, but if you would allow me, I want to talk to you first about the property; secondly, about the zoning, and thirdly, about the project. The property is located at 399 Northeast 82nd Terrace in a little enclave called Oakland Grove, and let me pause for a moment to thank the president of that organization, Mr. Gus Noel, and all the members of the executive board who have met with us not once, not twice, not three times, but four or five and six times, and they got out for a breakfast that my client sponsored in the neighborhood park so that all the neighbors could come on a Saturday morning rather early, so my thanks to them for working with us in such a positive way. The size of the property is 2.59 acres, and as you can see from your zoning atlas, City ofMiami Page 123 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 it's an odd -shaped site. This site is also a brownsfield [sic], and it is right next and adjacent to the railroad tracks, railroads tracks that are very much active throughout the day. The property has single family to the west, in this little neighborhood called Oakland Grove; to the north, the Little River Canal, which becomes the northern boundary of our city between Miami and El Portal; to the east, the railroad tracks, and to the south, R-2. It is a very interesting piece of property because, after some research, the applicant found that there is no place in the City of Miami, with this one exception, where a railroad track is located next to single-family zoned property. It's also very interesting that on the side -- on the other side of those railroad tracks, the City thought that the appropriate zoning would be R-3, and so, in fact, something happens in this property that probably -- I've -- in all my years, I've never seen it, which is that this property is sandwiched between R-1, R-2, and R-3. The City attempted to purchase this land a few years ago for a park. In fact, the State ofFlorida offered a grant to the City ofMiami to buy the property and turn it into a park. When the City of Miami did a phase I and a phase II environmental study, they found that there were very large levels of arsenic and other toxins in this area, and the State ofFlorida immediately rescinded the grant. Before I started this process, I contacted your Parks Department, and there is an e-mail (electronic mail) on the record from a previous hearing, where I asked them if they would be interested in this property, and the answer was absolutely not, and that's a very safe position for the City to take because if you can avoid it, you don't ever want to be in the chain of title on a brownsfield [sic]. The zoning. As I said to you, wonderful piece of proper [sic], sandwiched between three different zoning categories with an additional hardship of having railroad tracks immediately adjacent to the property. Further, within the radius of impact of a proposed Tri-rail station just a block to the south, so the activity of the trains in this area is not going to be less; it's going to be more. Commissioner Sarnoff Can I -- could you rewind for a moment? Did you say something about brownfield not being conducive to a park or something like that? Ms. Garcia -Toledo: The brownsfield [sic], you -- it's not smart to ever place yourself in the chain of title, from a real estate and a liability point of view, of a brownsfield [sic] -- Commissioner Sarnoff No. I -- Ms. Garcia -Toledo: -- for obvious legal reasons. Commissioner Sarnoff -- understand that, but I'm asking you regarding a park. Did you say it's not conducive to a park or something --? Ms. Garcia -Toledo: No. I said that the City ofMiami had applied for a grant. Commissioner Sarnoff Right. Ms. Garcia -Toledo: When they found out, after a level one and two environmental study that this was a brownfield, they stepped back, and the State ofFlorida, which had given the grant, rescinded the grant. Now, how do we address this conflict of interest in the zoning category? Well, by density and design, and here again is a project where we have extensively worked with the staff and with the homeowners to get to the point that we're at, and why are we asking for R-3? We're asking for R-3 because we desperately need some height away from the railroad tracks. We're asking for the R-3 because the R-3 allows us the height that we need, which is the five stories, by allowing us two levels of parking underneath three levels of apartments, but we've done more, and you will shortly -- you're seeing here on the center board -- and our architect will give you more details -- but the center board shows you the townhomes that we have placed between the five story allowed under the R-3 and the single-family homes across the street, so what the single families would be looking at is exactly themselves kind of in a mirror because any one of those single-family residences can have up to two stories with a height of up to 25 stories. City ofMiami Page 124 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Tucker Gibbs: Mr. Chairman, I need to object for the record. Vice Chairman Sanchez: Tucker, you can object on the record if you make your objection (INAUDIBLE). Mr. Gibbs: I just need to make an objection for the record. Vice Chairman Sanchez: Make that very clear. Mr. Gibbs: Right. All want to do is make my objection for the record that she is discussing site planning issues, which have no relevance to a rezoning, and this is a very dangerous position to put the City Commission in, from a legal perspective, because what she is doing is basically contract zoning. She's saying I'm giving you this for that; that is illegal. It's contract zoning. The issue is zoning and land use, and it's only the conditions that are in your Code that deal with that, not her site plan. That -- Vice Chairman Sanchez: So -- Mr. Gibbs: -- is not relevant to this issue. Vice Chairman Sanchez: -- noted for the record. Pamela E. Burns (Assistant City Clerk): And I'm -- Mr. Gibbs: Thankyou. Vice Chairman Sanchez: Now -- Ms. Burns: -- sorry. We -- Vice Chairman Sanchez: -- you may proceed. Ms. Burns: -- need your name for the record, please. Vice Chairman Sanchez: Tucker Gibbs. He needs no -- Mr. Gibbs: Tucker Gibbs. Vice Chairman Sanchez: -- he doesn't need any introduction. Mr. Gibbs: Thankyou. Vice Chairman Sanchez: Tucker Gibbs. Ms. Garcia -Toledo: So while -- Vice Chairman Sanchez: Please. Ms. Garcia -Toledo: -- working on this process with staff we were asked to look at Miami 21, and again, what we're achieving here with the covenant that we will proffer is, in fact, transition; transition on this site between all the different changes of zoning around -- Mr. Gibbs: Mr. Chairman -- City ofMiami Page 125 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Garcia -Toledo: -- the corners. Mr. Gibbs: -- one more time. Vice Chairman Sanchez: Tucker, are you --? Mr. Gibbs: The use of the word covenant -- I'm sorry. Vice Chairman Sanchez: You've already made your point. Now you're out of -- Mr. Gibbs: Not on the word covenant. Let me just say for the record, please -- Vice Chairman Sanchez: You're out of order, Mr. Tucker. You're out of order. I will run this meeting. You will not run this meeting. You've already stated on the record. I would -- you'll have time -- Mr. Gibbs: But not for the covenant. Vice Chairman Sanchez: -- when you come up. You could state anything you want. You will have ample time. Mr. Gibbs: But the record -- Vice Chairman Sanchez: You're out of order. Mr. Gibbs: -- will be poisoned. The record -- Vice Chairman Sanchez: Are you going to -- Mr. Gibbs: -- will be poisoned. Vice Chairman Sanchez: -- make me turn off your mike? Mr. Gibbs: No. Vice Chairman Sanchez: All right. Thanks. Mr. Gibbs: OK. Vice Chairman Sanchez: You may proceed. Thank you for being so patient. Ms. Garcia -Toledo: You will hear from Mr. Olmedillo on land use and zoning issues, as he is an expert on this matters. You will also hear from our traffic engineer. Again, we were not required to do a traffic study on this site, but because there was so much concern on behalf of the neighbors expressed to us about traffic, we have, in fact, done a traffic study, and we have -- and as part of the covenant, we will be proposing a -- some improvements, if we may, to the traffic in the area. The height that we need is required because of the distance -- to get the distance from the railroad tracks, and even though we are asking for an R-3, you should know that an R-3 allows up to 65 units per acre, and it would allow a total of 169 units on this site. We, in fact, are not doing that. If we were asked to ask for an R-2, we would be allowed 46 units on this site. We, in fact, are developing somewhere between an R-2 and an R-3 zoning or density -- and/or density requirements. About 44 percent of what we can build under an R-3 is what we are proposing on this site at 75 units. We did not start there. We started at 130 of a possible 169. We went down at the behest of the neighbors to 111, 101, 95, and ultimately, at the 75 units that we're at. Now, we will be proffering a covenant, if the City so wish to accept it, and that City ofMiami Page 126 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 covenant will have a series of items. The covenant will be site specific to the project that we're going to be showing you. That project has, on its site plan, an internal street so that the traffic to access the townhomes, as well as the condominiums, will all be internal to the project. We will be offering an open space park -like for the neighborhood, 10,000 square feet of open space. You will also see on the plan that will be shown to you that there is a broad walkway to the edge of the water on the Little River Canal with a lookout, again, open to the public, and that this covenant will be site specific to the project that will be shown to you. In addition to that, the other covenant, we will proffer a tree mitigation plan, traffic improvement suggestions that have been developed by our traffic engineer, if the neighborhood would like to take advantage of them, as well as four units that will be committed in this project for workforce housing. I'd like to ask the various consultants on this project to come forward and address the issues with you. We will save time for rebuttal. Vice Chairman Sanchez: All right. Madam Applicant, can we get going on this? How many expert witnesses do you have? Who will be testifying on your side? Ms. Garcia -Toledo: Three. Vice Chairman Sanchez: All right. How much time, Madam Clerk, does she have so far? Ms. Thompson: Four minutes. Vice Chairman Sanchez: All right. Let's go. Omar Morales: I'm going to give a very brief description. My name is Omar Morales, with Form Group Architects. I'm the architect on the project. I just want to direct your attention to a couple of the components on the project. Vicky mentioned the internal street that we developed here. The intent of this project, from the very inception, when the owner first approached me, was to really address the residential neighborhood as delicately as we possibly could, so the town house road that you see facing the street, the rendering at the far end is a true to life rendering that shows that because of the angle of view and the height of the town houses, the residents across the street will never see the five -story building at the rear, so that liner buffer of town house units along the street, we thought, was a very important component. Another important component is the public park, which is being offered at the far south corner. Right now, it's proposed as a native palm park, but it is open to discussion and development with the community. At one point, there was talk about a public meeting gazebo, different functions that could take place in that park. That park is then connected through a public sidewalk all along the front of the town houses, all the way to the riverfront, which then develops a public overlook and access to the riverfront, so this is another access point that this community will have to the river, in addition to a couple of others that they have now. With that in mind, I'm just going to cut it off there, but I'm available to answer any questions you may have about the design. Commissioner Sarnoff I have a question. Mr. Morales: Thank you. Commissioner Sarnoff How is it that if I'm looking at your town houses, I would not be able to see a five -story building behind it? Mr. Morales: I can show you a building section, if you'd like me to take the time to do that -- Commissioner Sarnoff Sure. Mr. Morales: -- where we -- This building section is actually taken at the lowest point in the town houses, which is the two-story structure, and you can see that the site line, from a, you City ofMiami Page 127 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 know, average height person standing across the street in front of one of the single-family homes, is blocked by that parapet and extends, you know, to the point where you will not see that five -story building at the rear, and that row of town houses continues entirely across the street and down the street and blocks that view. There are other components. As you can see in this rendering, there's a combination of two-story and three-story components to that townhome development, so in some points, you'll see even less of the building, but you will not see it from the worst case scenario. Commissioner Sarnoff Well, you're saying you won't see it at all, right? Mr. Morales: Well, I mean, clearly, you might, you know, get glimpses of it between buildings, but with landscaping, sufficient landscaping, you will not see it. Vice Chairman Sanchez: All right. Let's go. Guillermo Olmedillo: Good afternoon, Commissioners, Mr. Vice Chair, members of the Commission. Guillermo Olmedillo, 330 Greco Avenue, Suite 108, Coral Gables, Florida. For consistency with the master plan, I looked at the goals, objectives, and policies. I'll point out to you that Objective LU-1 -- excuse me -- Goal 3 encouraged redevelopment in identified urban infill areas and urban redevelopment areas. Remember, this was classified as a brownsfield [sic]. It needs redevelopment somehow. Objective 3-1, properly review and act on petitions for land use amendments and rezoning of property in urban infill area or urban redevelopment areas to facilitate redevelopment. That objective, of course -- as you know, the City is within the urban infill area. It's an objective that addresses the application. Goal HO 1, increase the supply of safe, affordable, and sanitary housing. One of the things that the -- perks that is proposed in this application is that it includes housing units that are within a range that is accessible to people of the area. The single-family home, as you know, the prices that -- and the price ranges that are handled within the City are very high, particularly on this type of area, so to create this type of product will make it more accessible to a larger market. Goal HO 2, achieve a livable -- excuse me. That doesn't apply. I had it for my notes. The other thing that you need to take into consideration, which is, again, the transportation issue. The station analysis, as you see this -- the station suitability analysis shows 79 Street and the area of influence. The property is located right there, within the area of influence of one of the transportation corridors, one of the mass transit systems. The other thing that you need to address is, of course, the transition between the R-3 -- and let me look for the zoning map -- that you have to the east of the property separated from the subject property by the railroad track. The railroad track is a very heavy use. If you were to assign a land use to it, which you don't because it's one of the transportation corridors, you would probably go to an industrial use simply because of the type of traffic, the occurrence of traffic in that particular corridor, but I'm looking more towards what's happening on this site. Here's the Little River, but this is the property that it's -- on the other side of the railroad track, and you will see that there needs to be, somehow, a buffer between the R-3 and the R-1 so you can have a smooth transition going from east to west. Commissioner Sarnoff Can you stop right there? 'Cause, to me, the water is at the end right there, right? Mr. Olmedillo: The water is here. This is the river. Commissioner Sarnoff Well, right. The water's -- Commissioner Spence -Jones: It's on both sides. It's on the top, too. Commissioner Sarnoff Right there -- put your little light -- there you go. Go up a little higher. City ofMiami Page 128 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: Yeah. Commissioner Sarnoff What's that? Is that water? Commissioner Spence -Jones: Yeah. Mr. Olmedillo: That's water. Commissioner Sarnoff OK. If that's -- Mr. Olmedillo: Comes around -- Commissioner Sarnoff -- a high use, heavy use industrial FEC (Florida East Coast) Corridor, like you like to call it, or -- Mr. Olmedillo: This -- Commissioner Sarnoff -- that's the right word for it, where does everything get loaded? How does it connect? Mr. Olmedillo: Well, there's no station here. There's a station that is being proposed on 79th Street -- Commissioner Sarnoff So there's no -- Mr. Olmedillo: -- further -- Commissioner Sarnoff -- use right now? Mr. Olmedillo: There's use -- there's -- it's in use. The railroad track is in use. Commissioner Sarnoff Well, then I'm not understanding because you showed me the water. I'm just curious. How does it jump the water? Is there a --? Commissioner Spence -Jones: It's a different stream of water. Mr. Olmedillo: The water goes -- Commissioner Sarnoff Well, what is the end? Mr. Olmedillo: -- around here. This -- Commissioner Sarnoff Put your little high -- right there. Mr. Olmedillo: There's a bridge here. Commissioner Sarnoff Right there. What -- is that -- Mr. Olmedillo: There's a crossing. Commissioner Sarnoff -- an end? Mr. Olmedillo: There's a crossing there. Commissioner Sarnoff OK. City ofMiami Page 129 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: There's a crossing. Commissioner Sarnoff OK. Mr. Olmedillo: Yeah. There's a crossing here, but what I'm trying to demonstrate to you -- and this is a higher density residential. This is a lower density residential, and then, in order to protect this area, which is already built out, you need some type of -- either a buffer or the appropriate distance so that the traffic here and the building volumes that you're going to face here can be mitigated. Distance -- we don't have the distance because this is a narrow distance. Typically, what you have in the City of Miami is 50 by 100 lots, so if you go -- Chairman Gonzalez: Excuse me. Is there a sergeant at arms that can control the gentleman that is screaming out there? Jorge L. Fernandez (City Attorney): Yeah. Commissioner Sarnoff Yep. You got one out there. Chairman Gonzalez: I'm sorry for interrupting you. Mr. Olmedillo: As you can see, this is a narrow piece of property. Now, the most appropriate use then is to put objects between this activity and this activity, and the activity that occurs here in order to separate it. It's appropriate to have structures, and as the architect explained to you, that constitutes a buffer and a transition from a single-family 50 by 100 typical lot into a higher - - slightly higher density to the higher density towards the back of the property. If you have any questions, obviously, I'll -- I'm available to address them. One thing that needs to be highlighted, as you can see here, there's a street that separates the traffic that is going into the more intense use from the rest of the single-family homes which are in the neighborhood. That street is not serving the building that is in the rear. Richard Garcia: Hi. Good evening. Richard Garcia, 13117 Northwest 107th Avenue. I'm the traffic engineer. As was stated before, this land use change and traffic impact study is not needed. However, we did one in response to some community concerns. I want to point out to you, as I'm sure you're aware, the City is a TCEA, which is a Transportation Concurrency Exception Area; basically means that no concurrency is required for transportation. However, after doing the study, we find that it would meet concurrency. We did a very conservative analysis. That is, we didn't use a person -trip methodology. We used the standard vehicle analysis, where we loaded all the intersections with the vehicles, and how we took no transit reduction, although there's bus and transit services in this area, and we took no pedestrian reduction in this area. It does have a good amount of pedestrian, as the rest of the City does. Additionally, we analyzed -- we came in at the point where we're looking at 90 dwelling units, and the current application is for 75 dwelling units, so such -- that would be a 17 percent reduction from what we analyzed. In any event, our analysis had peak hour trips of 32 vehicles entering; 16 vehicles exiting during the peak hour; total of 48 vehicles, so it's not a high intense use from a traffic perspective. As such, this is a de minimis traffic impact application. The level of service that we found is `D" or better, and on 82nd Avenue, the intersections were at level of service "A; " doesn't get better than level of service "A." Northeast 82nd, as well as 79th, as you know, are one-way pairs, and they basically have regional traffic that either starts or ends in the City ofMiami, so the future results of these corridors with this project would probably be no difference because it's such a small magnitude. We did have some recommendations that we made to address some of the community concerns regarding traffic in the area, and that was to put up some signage. One of them was to restrict on -street parking at the Northeast 82nd Terrace. We also recommended additional signage for no local traffic -- or rather, "Local Traffic Only" signs to restrict any through cut traffic. I was out there, personally, when we did City ofMiami Page 130 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 the study, andl didn't really see any cut -through traffic. It might be a perception, but we're willing to try to put up that signage in the event that that is occurring. Additionally, we recommended a parking decal program could be implemented at 2ndAvenue within a hundred feet, and also, there were some concerns from the residents that the intersections on 82nd could get blocked during the peak hour, and of course, that then becomes an enforcement issue, and so we could try to implement an enforcement plan during the peak hours to prevent vehicles from blocking the intersection, and that's our conclusion. If you have any questions, I'll be more than happy to answer 'em. Chairman Gonzalez: All right. Ms. Garcia -Toledo: In order to expedite, we have an expert here from Langan Environmental, who is the cleanup consultant. He's here if you should have any questions to ask. I won't ask him to put any information on the record, unless you wish to ask him a question, andl would save some time for rebuttal after Mr. Gibbs is done. Commissioner Spence -Jones: I mean, I would have just a quick little question for him. Ms. Garcia -Toledo: Oh, OK. Commissioner Spence -Jones: Yeah, if you don't mind. Ms. Garcia -Toledo: Yeah. Commissioner Spence -Jones: The area in which we're talking about now, from a cleanup standpoint, could you give --? Just so that I have a sense of what we would be talking about from a cleanup standpoint, from a cost perspective, what we would be looking at or what could one be looking at -- Vince Yarina: Sure. Commissioner Spence -Jones: -- regarding this area? Mr. Yarina: Based upon the studies that the City had done, we were asked to provide a cost estimate as to the ultimate cleanup cost for the property to get the site where it's developable for residential purposes, and the cleanup cost estimate that we came up withit was about $1.4 million. It appears that the soil is contaminated pretty much throughout the property, and the ground water is contaminated in one area of the property, so all that would need to be cleaned up prior to the property being used for residential purposes. Commissioner Spence -Jones: And Ms. Toledo [sic], is -- you say you spoke to somebody from Parks? I just want to understand what -- who did you speak to in Parks? Is anybody from Parks here that you spoke to? Ms. Thompson: I'm sorry. Before we move on -- andl apologize -- I need a name for the record on -- Commissioner Spence -Jones: No problem. Ms. Thompson: -- this individual. Mr. Yarina: My name is Vince Yarina, Y A-R I-N-A, and I'm with Langan Engineering and Environmental Services. Commissioner Spence -Jones: Do you recall who you spoke to in the Parks Department? City ofMiami Page 131 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Garcia -Toledo: This was some time ago. We start -- we actually filed this application about this same time last year, so my memory -- we're looking in the file to see if we can find a copy of the actual document. It was put into the record at hear -- at the Zoning or at the PAB (Planning Advisory Board) hearing. I believe contacted Maria Perez, andl believe the e-mail came back from the director of the department -- Commissioner Spence -Jones: OK. Is Parks here at all or no? Ms. Garcia -Toledo: -- but as soon as we find it -- if we find it in the file, Ill share it. Commissioner Spence -Jones: No. I was just curious. I know that parcel of land is a beautiful parcel of land, and I've gone two or three times just to look it -- walk it, even drive it, and it is a great piece of park space, so -- andl was just curious as to whether or not -- why -- who from Parks actually communicated to you that it would be a bad -- Ms. Garcia -Toledo: Unfortunately, Commissioner, the site was used as a nursery -- Commissioner Spence -Jones: Yeah. Ms. Garcia -Toledo: -- so -- for its entire life in the City ofMiami, so -- or at least, since the City was a city, and to -- my understanding is to leave it as -- for open space park -- Commissioner Spence -Jones: Yeah. Ms. Garcia -Toledo: -- you have to do a lot more cleaning than if -- Commissioner Spence -Jones: Oh, I see. Ms. Garcia -Toledo: -- you're going to do -- if you're going to put a concrete pad for different uses, so the cleanup we will have to do on those 10,000 square feet of green open space is going to be more intense than what -- Commissioner Spence -Jones: Than -- Ms. Garcia -Toledo: -- will be required in the rest because of the actual foundation, cement, or concrete platform. Chairman Gonzalez: 'Cause, actually, where you're going to build, you can cap it with concrete. Ms. Garcia -Toledo: You can cap -- you still have to clean, but you have to go to a less depth. Commissioner Spence -Jones: And Mr. Chairman, I think you had something similar to this with Grapeland Chairman Gonzalez: Yeah -- Commissioner Spence -Jones: It was -- Chairman Gonzalez: -- but Grapeland, we had to do a real cleanup because -- Commissioner Spence -Jones: OK. What was it estimated when you had to do the real cleanup? Chairman Gonzalez: It was almost $11 million. City ofMiami Page 132 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: Eleven million dollars, OK -- Chairman Gonzalez: Yes. Commissioner Spence -Jones: -- so we don't -- Chairman Gonzalez: Now, there is a difference. In Fern Isle Park, the remediation was less because we were capping with concrete in the areas -- Commissioner Spence -Jones: Oh, OK. Chairman Gonzalez: -- that we had the contamination is where we're building shelters -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- and it's being capped -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- by (UNINTET,TIGIbbBLE). Commissioner Spence -Jones: No. I was just curious as to -- and anybody from Parks that can give me that information before we finish would be very helpful, even though it's not our land, but it would be nice to know. Go ahead. Chairman Gonzalez: All right. Mr. -- Ms. Garcia -Toledo: I found that e-mail, excuse me. Commissioner Spence -Jones: OK. Ms. Garcia -Toledo: The e-mail was from Maria Perez, dated Tuesday, June 20, 2006. It was copied to Ernest Burkin [sic] and Edward Blanco, regarding Little River (UNINTELLIGIBLE) site, approximately Northwest 82nd Terrace. The response came back to my inquiry: "Vicky, the Parks and Recreation Department is not planning to purchase the referenced property. Please contact me if you require any further assistance." Commissioner Spence -Jones: OK, but they never said why, though? Ms. Garcia -Toledo: Well, they had all the stuff in the record from previous years when they had -- in fact, there was a letter from DERM (Department of Environmental Resources Management) to the City saying, as property owner, you have to clean up this land immediately. There was a letter from the City back to DERM saying, "No, we've never been owners and do not plan to purchase this land " Commissioner Spence -Jones: Oh, I see. Chairman Gonzalez: All right. Very well. Mr. Tucker Gibbs. Mr. Gibbs: OK. Chairman Gonzalez: How much time the other side had? Vice Chairman Sanchez: He won't need that. City ofMiami Page 133 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Thompson: Twenty-seven minutes. Chairman Gonzalez: Twenty-seven -- Commissioner Spence -Jones: Twenty-seven -- Chairman Gonzalez: -- minutes. Commissioner Spence -Jones: -- minutes. Mr. Gibbs: I thinkl can do it in 26. Chairman Gonzalez: I'm sure you're going to do it in 15. Mr. Gibbs: I'm going to try very hard. Good afternoon, lady and gentlemen. I'm -- my name is Tucker Gibbs. I represent Tamara Hendershot, the neighborhood -- neighbors of Oakland Grove, Inc., James and Joyce Rutherford, Deidre Rayside, Lamar and Donna Livingstone, Wanda Hewitt, and Zane Thompson, and Sabrina Caulfield, Tim and Grace Altman, all who are neighbors of this particular piece of property. Before I start my presentation, I'd like to renew my objections to the -- to certain comments that were made by the applicant's attorney. The applicant's attorney cited to a site plan, a specific site plan that would be imposed if they got this rezoning. This is a land use decision and a rezoning decision. This is not a site plan approval, and what has happened here and what has happened in a lot of cases in Miami is people get up and make presentations on zoning matters that are purely zoning matters, and they talk about the wonderful site plan, how beautiful it is, and they proffer a covenant saying we promise we're going to do this, and what that does is it poisons the record. Your Planning Department has evaluated this application, both these applications, for land use and for -- sorry about that. Oh. Vice Chairman Sanchez: I just had to do it. Mr. Gibbs: I understand. Vice Chairman Sanchez: I'm sorry. I apologize. Mr. Gibbs: That's quite all right. So when your Planning Department evaluated this application for land use and the application for zoning, that's what they did. They looked at it as a land use application, and they looked at it as a zoning application, and that's what they're supposed to do. What the applicant has done here today -- and this is why I'm objecting so strenuously to the introduction of this evidence -- is they're confusing the issue. This is not about what they want to build on the property. This is about whether or not a land use change to R-3 from -- to residential medium density from single family residential is appropriate, and whether the change of zoning from R-1 to R-3 is appropriate. That's the only issue before you. It's not how pretty their plans are; it's not about town houses on 4th. It's not about any of that; it's about whether or not the zoning and the land use is appropriate, and your professional staff has already told you it isn't appropriate. In addition, the issue of the covenant is equally problematic because the covenant is nothing more or less -- it was made as an inducement to you. They promised you, under this covenant, if they do this, you'll rezone the property. That is contract zoning, and that's illegal in the state of Florida, so that's why I objected to the introduction of any reference to a covenant, and that's a real problem also. Finally, I wanted to object to the testimony of the architect. They brought the architect out here to have the architect talk about the plans. The plans aren't the issue. Finally, I want to respond to Mr. Olmedillo, who is a friend of mine, and have no objection to being -- having him referred to as an expert, even in this case, Guillermo. However, Mr. Olmedillo referred to only a few of the -- he only referred to a couple of Comprehensive Plan objectives and policies. He talked about Objective 3, and Objective 3 is a very interesting objective in your Comprehensive Plan in your -- it's Land Use Objective 3, ifI City ofMiami Page 134 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 can find it here, and it talks about encouraging -- Goal 3, encourage urban redevelopment in identified urban infill areas and urban redevelopment areas. OK. Objective 3-1, which is an objective to get to that goal, promptly review -- and this is what he cited -- and act upon petitions for land use plan amendments and rezoning of property in urban infill areas or urban redevelopment areas to facilitate redevelopment. The policies to implement the objective -- and this is the way your goals, objectives, and policies work -- they talk about -- they have two -- three policies; 3.1.1, which says review existing zoning regulations to determine if they provide adequate flexibility to promote redevelopment with a mix of uses in urban infill areas or urban redevelopment areas, and if not, revise said zoning regulations and adopt new zoning regulations to promote redevelopment. That's what you all did. You all -- I don't know how many years ago it was when you all hired DPZ (Duany Plater-Zyberk) to write Miami 21, and when they wrote Miami 21, they prepared a map, and last night, I looked at that map online, and I said, gee, I can only assume that they're going -- that the applicant is going to say, you know, Miami 21 says this should be R-3, or whatever the equivalent ofR-3 is. Well, guess what? Your professional planners who looked at the entire quadrant, which is what -- where this property is, says this property should be zoned T-3 in the scheme ofMiami 21. T-3 means single family residential. They're not calling for it to be duplex. They're not calling for it to be an R-3 equivalent or an R-4 equivalent. They're not calling for it to be industrial. They say it's fine just the way it is. These are your planners, so under the policy that Mr. Olmedillo is talking about, the objective, even your planners have said, wait a minute. This is a -- this is fine the way it is. Again, it talks about regional activity centers, which you have one of which is, I think, the Buena Vista Yards is a regional activity center, and they talk about the Downtown Miami Master Plan. They don't talk about this neighborhood. The three geo -- the geographic areas they talk about do not include this neighborhood. Mr. Olmedillo also talks about transportation. Transportation works for people who live in high-rises, town houses, or single family. The fact that there's a train station proposed down the street, and hopefully, it'll happen in my lifetime, but I can't -- nobody knows, that's fine because the people who live in single-family homes on this site will be able to use that just as much as the people who live in the town houses they're proposing, and finally, he talks about the railroad tracks should be zoned industrial. When Mr. Olmedillo was Planning director for the City ofMiami, it never happened. When Mr. Olmedillo was Planning director for the City ofMiami, this property was never rezoned to R-3. Your Miami 21 hasn't called for it to be zonedR-20 -- to R-3, and finally, to protect -- and Mr. Olmedillo speaks very eloquently about protecting the R-1 to the west of this site, and he says we need to protect the R-1, so we want to rezone it to R-3. That kind of logic evades me. It reminds me -- and I'm a kid from the '50s and '60s, but it reminds me of the old story of the colonel in the war in Vietnam who burned down a village, and the reporter was there, and the village is burning to a crisp, and he says to the colonel, "Why are you burning this village?" And he says, "We have to destroy this village to save it," and what's happening here is, inch by inch, block by block, you take a solid single-family residential neighborhood, such as this one, and you nibble it bit by bit, and soon there is going to be nothing. The people who live here will speak for themselves, and they will tell you about their neighborhood, and the fact that they love their neighborhood. It's a solid single-family neighborhood. This is not a blighted neighborhood. These are people who live and work. You want to talk about workforce housing? This is single-family workforce housing. This isn't any four units in a project that only four families will be able to move into out of 75 for workforce housing. This is single-family housing, homeownership, which is where we want to go in this city. I hate to go that far on this, but wanted to express my clients' feelings. My clients object to this application for two reasons. The land use and rezoning from single family to multifamily residential is incompatible with the neighborhood, and it's also, number two, incompatible with your Comprehensive Plan. Let's look at the neighborhood. You've seen the map. You have the map in your package. The neighborhood has clear and well-defined boundaries; it's Northeast 2ndAvenue, Little River, the railroad tracks, and 82nd Street. That's it. It has a commercial strip on 82nd Street, a commercial strip on 2ndAvenue, and it's a self-contained neighborhood with three points of entry and exit. Oakland Grove is a stable single-family neighborhood, and my clients will come up here and talk to you about that. The zoning for this area has always been single family. It's City ofMiami Page 135 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 single family in your proposed Miami 21. Let's look at Northeast 4th Street -- 4th Avenue, excuse me. Fourth Avenue is where this project is going to be built. Both sides are zoned and land used [sic] single family residential. Single family residential allows nine units an acre. All over the City ofMiami, it's nine units an acre. Multifamily, R-3, permits up to 65 units an acre. I'm not going to go into what they're promising you because it's irrelevant to the issue of zoning. The issue is 65 units. That -- you're going to allow, if you allow this rezoning, up to seven times the density that this neighborhood has now, seven times the density on this property -- excuse me, on this property. This property is 2.5 acres, and it's allowed nine units an acre, and now it's going to go up to 65 units an acre. The developer talks about 75 units an acre. That's still -- I mean, 75 units on this 2.5-acre site. That's still over three times the density that exists there now, and my clients -- in listening to the application -- listening to the applicant, my clients are supposed to be grateful for this; they're supposed to be bowing down and saying, "Wow. You're protecting our neighborhood from the railroad noise. You're protecting our neighborhood from the potential of the R-3 development on the other side of the railroad tracks." I'm sorry. My clients want to be left alone. They want a single-family neighborhood. That's what they bought into; that's what they live in. It's a good, solid single-family neighborhood. Allowing this land use and rezoning sets a precedent for all development within a stable single-family neighborhood. This rezoning across the street and adjacent to a single family residential will also add pressure to the neighborhood for its ultimate transformation to R-3. If you look at your zoning maps, your zoning maps will show you that west of the railroad tracks, you don't have R-3 between the railroad tracks and Northeast 2ndAvenue. You just don't have it. This introduces it. This introduces it into this neighborhood, and if you move the line now, it's just like they say about the urban development boundary line. You move it now -- you're going to move it next year, you're going to move it the year after, and soon that neighborhood is going to be gone. Your Planning Department, your professional planning consultants, Miami 21, they've already said this should stay single family. It doesn't take a rocket scientist to see that increasing the current allowable density times seven is not compatible with this single-family neighborhood. Let's take a look at the Comprehensive Plan. Your professional planning staff in their recommendation of denial of these applications for land use change and rezoning, have referenced provisions of your Comprehensive Plan. The Comprehensive Plan, as you know, is your blueprint for your future development. It's your planning blueprint. It sets out the parameters for future development, and here on your future land use map, it says single family. Land use element LU-1, Goal LU-1 says the City will maintain a land use pattern that, among other things, protects and enhances the quality of life in the City's residential neighborhoods and promotes the efficient use of land and minimizes land use conflicts. I would present to you that this does not minimize land use conflicts. It creates land use conflicts; R-3 on the same street as R-1. Same access for R-1 as R-3 is not appropriate. It's absolutely audacious and incredible that this developer will claim that increasing the density such as they are protects and enhances the quality of life of this neighborhood. It's amazing that this developer can claim that the introduction of multifamily uses in this -- across the street from single-family minimizes a land use conflict. The land use element Objective LU-1.1 says the City will "ensure that all land development regulations" -- which include your rezonings, such as today -- "are consistent with fostering a high quality of life." I ask the questions on behalf of my clients who live on 4th Avenue, how is adding the -- this zoning across the street from them going to enhance their quality of life? How is increased traffic, because of the density, increased noise, because of the density, and increased density itself foster a high quality of life? That is something that absolutely does not happen. Land Use Policy LU-1. 1.3 says the City Zoning Ordinance, including the zoning, will -- including rezonings -- protect neighborhoods from encroachments of incompatible land uses. That's what this is. It's encroachment of an incompatible land use. It also will protect neighborhoods from the adverse impacts that will disrupt or degrade public health or safety. Tell me how increased traffic is going to affect the safety of the families who live on 4th Avenue; increased traffic, increased net density, and noise. They went to the housing policies. I'm going to cite to you a housing pol -- two housing policies; Policy HO-1.1.5 and 1.1.8, which say the City will strengthen the Zoning Code to promote and enhance the appearance and character of residential neighborhoods. This effort to increase density does City ofMiami Page 136 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 nothing to promote, preserve, or enhance this neighborhood's single-family character, and this is a solid single-family character. Commissioner Sarnoff Where are you reading from? Mr. Gibbs: I'm reading -from the Comprehensive Plan, but I'm reading -from what I was -- what I wrote, but it's the Comprehensive Plan, and it's HO-1.1.5 and HO-1.1.8. Commissioner Sarnoff Thanks. Mr. Gibbs: I ask you to look at your staff reports. Your staff reports on these applications, which focus on the issue, not on the site plan or anything else, recommend denial. The Planning and Zoning Board -- the Planning Advisory Board and the Zoning Board both recommended denial; Planning Advisory Board unanimous, 7/0; Zoning Board, 5/1, so I've told you before, the applicant has proffered a covenant, which is inappropriate and irrelevant to this application, andl would ask you not to allow any further references to a covenant because it only confuses the issue, and it is not relevant to the rezoning. The applicant talks about the fact that this property is distressed; it's a brownfield. Yet, this applicant bought this property with that knowledge; actually bought the property I would have loved to have bought, even with it being a brownfields [sic]. Two and a half acres in this neighborhood for $81, 756.44 as a tax deed sale. This person is not coming in here to buy -- to build workforce housing. They're coming in here as a land speculator who bought land and wants to make something of it. It's the American way. I have no problem with people investing in land. What I do have a problem with is people coming here and saying to this board, this governing body of this city, I made a business decision. I bought the tax deed. I knew it was brownfields [sic], andl want you to help me make a bigger profit. I'm sorry; that isn't the American way. The way you do business is you're a business person, you do business, you take your chance, but when you don't meet the provisions of the Code and you come here and you throw in covenants and you throw in all this extraneous information in a zoning and land use issue, and then claim, hey, I'm doing it because I own a brownfield Aren't I great? I think it's great to redevelop brownfields. I feel very strongly about it, but you know what? I can tell you -- I can put them in touch with lawyers and businessmen who do this without getting the rezonings and the upzonings. You don't do it by trashing a neighborhood, by going into a single-family neighborhood and changing its fundamental character. They talk about affordable housing or workforce housing, and I'm amazed. I would never come to this Commission on this day and talk to you all about affordable or workforce housing and say, oh, I want to have a really -- I want to have 65 units an acre, but I'm going to proffer this covenant. I'm going to do all this stuff. I'm going to give you four units, and they'll come back -- you wait -- and give you five, maybe six, and if you're lucky, maybe seven or eight, but the fact is, what they're doing is they're throwing you a bone, and every time I get up here -- and you all have heard me talk about Affordable Housing Trust fund and the fact that it's a travesty in this city. The amount of money that's put in Affordable Housing Trust fund it's a travesty, and to have someone come up to you and say four units, which is totally irrelevant to the issue of rezoning, and yet, they brought it up. Again, there are plenty of R-3 properties that they can -- if they want to do this in this neighborhood, let them buy the other property across the railroad tracks. It's R-3 already. Let them put their buffer over there on the east side of the railroad tracks. Let them buy that property; build their R-3. It's already zoned. They don't even need to come to you, but they're not doing that. My clients are upset; I'm upset. This is an amazing application. When you -- what you do here is going to be so important to this neighborhood. You have the power to decide if this neighborhood remains a small, stable single-family oasis, something that this community can be proud of because the people who live in that neighborhood everyday, they want their property to stay single family, and they're working hard for it. You also have the power to allow over seven times the permitted density in this neighborhood and to alter its quality of life forever. We urge you to listen to your staff and advisory boards, your staff recommendation, and focus on the application, the rezoning and the land use change, not their pretty pictures, not their covenants, not any of that because that's City ofMiami Page 137 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 irrelevant, and we urge you to deny this application. Thank you. Chairman Gonzalez: Thank you. Mr. Gibbs: Oh, wait. I have -- there's several people who would like to speak, two people -- Chairman Gonzalez: All right. Mr. Gibbs: -- at least, who would like to speak. I don't know if there's -- Chairman Gonzalez: You want to -- Mr. Gibbs: -- anybody more. Chairman Gonzalez: -- wait for your rebuttal until everyone -- Ms. Garcia -Toledo: Yes. Let them -- Chairman Gonzalez: -- speaks? Ms. Garcia -Toledo: Absolutely. Chairman Gonzalez: All right. General public will have two minutes per speaker. Unidentified Speaker: Can I give my minutes to this gentleman here? Chairman Gonzalez: Pardon me? Unidentified Speaker: May I give my minutes to this gentleman here? Chairman Gonzalez: Give one minute to the gentleman? Unidentified Speaker: May I give my minutes --? Chairman Gonzalez: Oh, yes, yes, sure. Unidentified Speaker: (INAUDIBLE) speaking. Chairman Gonzalez: Yes, ma'am, sure. Mr. Gibbs: Mr. Chairman, how much time -- can I ask the Clerk how much time I took? Ms. Thompson: You had roughly eight minutes left. Mr. Gibbs: OK, fine. I -- you know, can I yield my eight minutes? Because I think that maybe -- but it's only going to be two presentations. I don't think it's going to be much more than -- Chairman Gonzalez: All right. Mr. Gibbs: --15 minutes. Thank you. Chairman Gonzalez: Yes, ma'am. Sarah Beckett -Brown: I brought pictures just to show you of -- City ofMiami Page 138 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Thompson: I need a name, please, I'm sorry. Ms. Beckett -Brown: I'm sorry. My name is Sarah Beckett -Brown. I live at 301 Northeast 82nd Terrace. I am -- and my family have lived in the neighborhood since the '50s. My father built our home there. When we came here, the parcels of land in question were to -- Chairman Gonzalez: Could you speak on -- Commissioner Spence -Jones: Yeah, can't hear you. Chairman Gonzalez: -- mike? Ms. Beckett -Brown: Better? Chairman Gonzalez: Yeah. Commissioner Spence -Jones: Yeah, just a little louder. Ms. Beckett -Brown: I'm a little nervous, I'm sorry. Commissioner Spence -Jones: It's OK. Ms. Beckett -Brown: When we came here, the parcels of land in question, we were told, were owned by Julia Tuttle, mother ofMiami, platted, deeded, and zoned as a nursery. Later, the north end part of the property belongs to the South Water Management has control that put in a saltwater intrusion dam to help during hurricanes by raising and lowering water flood control. The middle part of the property was Miami's first nursery. The south part of the property, Mr. Clarke had a home there and worked the nursery at the corner on Northeast 4th Avenue and 82nd Terrace. This property is located in an environmental preservation district, and also, an archaeological zone rich in history. There's a Tequesta Indian burial ground there. This land was intended to preserve and enhance the general appearance and character of this City's neighborhood. Changing the land use and zone change to other than what it is does not protect or enhance the quality of life in the City's residential neighborhood, and would also certainly maximize land use conflict. We don't need -- you don't need to be reminded by the Miami 21 project earmarked by Goody Clancy. This plot of land was earmarked as a park. Our residential neighborhood needs protection from the encroachment of noncompatible land use. We need green space. The proposed changes with this will not positively influence living conditions in the neighborhood; our taxes, our property values, police protection, fire rescue, solid waste pickup, school buses, crime, sexual predators, overcrowdedness [sic], increase in traffic will certainly all negatively impact our area. Have there been traffic studies done by the City? Impact studies made for the 75 units? Please keep in mind that to the east already of US (United States) -- of us, the 79th Street Shopping Center has tower projects going on. Biscayne Boulevard and north -- and 82nd Street has a tower project going on. To the south, Northeast 2ndAvenue and 79th Street, have tower projects going on. All these projects seem to have no regard for heights. Across the railroad tracks, seen from the Northeast 82nd Terrace, are three reentry facilities for homeless and drug users. Also going on in this Florida -- is the Florida East Coast Corridor Study. As a concerned citizen ofMiami homeowner, and taxpayer trying to live in a beautiful neighborhood community with its history and Little River Preserve, I feel as though the neighborhood need to stay -- stand up and say stop trying to infringe on my rights as a homeowner for the sake of the almighty dollar, and give us green space to further enhance the community neighborhood. I brought these pictures of the 82nd and 4th Avenue to show you the street that is directly across from the railroad --from the preserve, and it's the street -- on one side is the houses, the single-family houses; on the other side is the preserve, and you can see that the street is very, very narrow. Now these are not any fancy pictures, but if you'd like to take a look -- and I can give you -- just take a look. You can see that, if you look at number one, it's - - you're proceeding eastward on 82nd Terrace. Picture number two, proceeding to the end of City ofMiami Page 139 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 82nd Terrace; you can see that there's no outlet with number three. Number four, it's the end of 82nd Terrace, and number five is proceeding eastward on 82nd Terrace on 3rdAvenue. The thing is is that, in looking at that -- and I know it's not anything fancy or anything like that; it's just homemade, but it's our attempt to show you that it is a very narrow street; that there are like seven houses on one side of the street. It faces this beautiful preserve because that's what we're trying to make it. We're trying to make it a preserve and a park. With all of the things that are going on now in the neighborhood, with all the projects that are going on, all the people that are going to be involved with the projects that are going on, they're going to need a park. They're going to need some green space in order to come down into the neighborhood and enjoy the manatee. We have tortoise gophers. In the pictures there, you can see we have parrots and we have the white egrets. They're coming down and going into the park, into the preserve, and it's beautiful to go and see and walk through, and it's a very nice thing for a neighborhood. We have a lot of neighbors that use it to walk their dogs, to walk and do jogging and so forth down that single side street, and there's certainly no area for like even a two-lane highway. It's a single street to go in and go out. There's not even room for two cars to go down. Now, if you even will look also, 75 units -- and if you -- they're saying that there might only be a few cars. Generally, when you have 75 units, you have two people that have cars, and they have neighbors come in, and they have friends come in. We -- that is going to be too much of an impact for our neighborhood. I would ask that you please consider to deny the request. We want to keep our neighborhood -- we pay taxes. We have done everything that the City has asked us to do as neighbors. We have gotten involved in a lot of the City neighborhood things that enhance the neighborhoods to try to be a part of the City ofMiami, and to have someone come in and thrust upon us a change of zoning and a change of land use is not what I think would be the right thing to do, based on the fact that your own Planning Board and your Zoning Board have denied it, so please, if you would, deny their request. Chairman Gonzalez: Thank you, ma'am. Ms. Beckett -Brown: Thank you. Chairman Gonzalez: Madam Clerk, the -- Ms. Thompson: That was the eight -- Chairman Gonzalez: -- lady has consumed -- Ms. Thompson: -- minutes. Chairman Gonzalez: -- Tucker Gibbs extra minutes, right? Ms. Thompson: Correct. Chairman Gonzalez: All right. Yes, sir. Good afternoon. Hugh Gladwin: OK. Chairman Gonzalez: Good afternoon, sir. Mr. Gladwin: Good afternoon. My name is Hugh Gladwin. OK. I live at 400 Northeast 85th Street, in the Village of El Portal. I received a notice that should attend this meeting because I live in a property immediately adjacent to the site. I should also mention that live in a single-family home, R-1 zoning, adjacent to the train tracks, with commercially zoned property on the other side of that. I didn't realize I was supposed to be undertaking mitigation for that, but I find that quite interesting because being next to the tracks has not affected my property values. I just want to touch on -- well, two things; one is I was asked to read something into the City ofMiami Page 140 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 record for Mr. Bruce Hammerstrom, who's been involved in these issues for a while. It's a short note from Bob Carr, the executive director of the Archaeological and Historical Conservancy. "Dear Bruce, I'm familiar with the 399 Northeast 82nd Terrace parcel. The parcel is located within the City of Miami's Little River archaeological conservation area. Any proposed subsurface disturbance, including clearing, tree location, and development, will require an archaeological survey and management plan, according to the provisions of Chapter 15. I hope this information is helpful. Sincerely, Bob Carr." I'm reading that into the record because it's another consideration, but also because whatl want to primarily talk about is the history of this site as a park, which I've been very intimately involved in. I'm mentioning it primarily because you asked about it, Commissioner Spence -Jones, and so I just want to give you the background of what happened. In 1998, the Village of El Portal and Miami Shores had a charrette with a regional planning council. They identified this site as something all the neighbors knew that it's a critical central green space, and accordingly, starting in the year 2000, neighbors on both sides of the river, the Oakland Grove Neighborhood Association, neighbors in El Portal, started working with the City ofMiami to prepare an application to the -- I think it was called the Florida Preservation 2000 Program. We worked incredibly hard with the collaboration of Albert Ruder, who was the director of the City ofMiami Parks, and many other dedicated employees. At the end of this two-year process, we submitted an application to the Florida 2000 Program, and I'm very proud to say it's one of the proudest things of my life that, in over a hundred applications, this application was ranked seventh in the state. No other application in the top ranking was not prepared by huge engineering companies and so on. Following that, the City did the environmental investigation, and as you heard, they found arsenic contamination. Now, at this time -- and that no longer is the case, but at this time, the rules for Preservation 2000 were that they did not pay for any brownfield mitigation. That has changed. I've in extensive contact with the Trust for Public Land, who are extremely interested in purchasing this property. All those laws have been changed, as far as I know, and now mitigating brownfield contamination in potential -- I mean, the first place, the priority is now shifted so that green space and environmental preserves in areas of high urban density is a very high priority. Mitigation brownfields is something they pay for, and the Trust for Public Land is ready to move on this as soon as possible. I also -- if you go to ww. miamiparksplan. com [sic], you will find the Miami Parks and Public Spaces Master Plan, and if you go to the Little Haiti vision for parks and public spaces -- although, for some weird reason, it's the only document I couldn't pull up this morning, but fortunately, I'd gotten a copy of it last week -- you will find a map showing the Little River Preserve: Create a passive park on the river; create trails with a map, and the map shows exactly this location, and can pass this around, but I'm sure you're familiar with this and can go to the Web site, so the -- Amy Condon -- Ms. Amy Condon at the Trust for Public Lands [sic] has tried to get in touch with the attorney for the property. I believe she's tried to get in touch with people in the City to assure them that the purchase is in order. I'm sure that -- you know, I don't know any details of this, but I'm sure that they would have to purchase the land on basis of its current value, zoned R-1, which certainly would be a real profit for the current owners; not as much as they would get at R-3, so you know, I don't see anything that has changed, either your own Parks Master Plan or the efforts that have been going on for years to make this site into a park, and if you approve this change, you know, what you've done basically is make the land so valuable for high -density development in an area where there're thousands of new units coming on line that you basically make it financially impossible for the land ever to be acquired as a park, so I urge you to deny this motion. Thank you. Chairman Gonzalez: Thank you, sir. All right. Yes, ma'am. Eileen Botari: My name is Eileen Botari, 505 Northeast 76 Street. I'm also on the Parks Advisory Board, and Ms. Spence [sic], I don't know if you're aware of it, but Good [sic] Clancy did identify this area for a park in the master plan, so I was just very confused that there was an e-mail that went back and forth saying they were not interested in buying it, so you may want to talk to Mr. Burkeen about that, and Good [sic] and Clancy -- City ofMiami Page 141 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: I've been -- that's what I've been asking for somebody from Parks or somebody from the Manager's Office. I mean, no one's able to give me a response one way or the other. I have no -- Where is the Parks Department? Ms. Botari: Well, it is in the master plan, so you may want to contact Good [sic] and Clancy and Mr. Burkeen to find out exactly what they've -- Commissioner Spence -Jones: He should be here. Ms. Botari: -- planned for that. Yes, they should. Commissioner Spence -Jones: He should be here. Ms. Botari: They should. Mr. Fernandez: But Mr. Chairman -- Chairman Gonzalez: Yes, sir. Mr. Fernandez: -- just to interject a level of reality here, while I, perhaps, agree with portions of the presentation by the distinguished attorney here, with regard to this being a land use decision and any specific plan should not be a consideration that you take. Likewise, all the arguments being made about this parcel being used for a park falls into the same category that the attorney representing the group is talking about, so no specific uses. If you're going to be guided by the wisdom of this young man presenting, you need to take that into consideration. The specific land use application in front of you today is to -- Ms. Botari: Well, this is fact that it's part of the master plan. The other thingl wanted to say is that I live in Palm Grove, which is on the other side of the railroad tracks, and I -- my block is single-family homes, but one block north of me is R-3, and it's been R-3 for the last 30 years, so there's nothing we can do about it because they've already built small apartment buildings, four stories high, five stories, so what you have is a density that really doesn't belong in my neighborhood, and it does not enhance the neighborhood. It's added a lot of traffic, and it's just -- it doesn't belong there. It's along the river, so I would say to you to deny this and keep it all R-1. Thank you. Chairman Gonzalez: Thank you. Next. Elvis Cruz: Elvis Cruz, 631 -- Commissioner Sarnoff Just -- I'd just like to say, it's not a full day until Elvis Cruz comes up. Chairman Gonzalez: Yeah. That's right. Mr. Cruz: Thank you, I guess. Elvis Cruz, 631 Northeast 57 Street. Ladies and gentlemen, the Planning Department, the PAB, and the Zoning Board all got it correct to recommend denial of this upzoning. There is no hardship to just this upzoning. There is plenty of R-3 land all throughout the City. What we're seeing here is the same old story at City Hall, where instead of buying land that suits a developer's intention, they buy land that is zoned at a lower intensity and then come before you hoping that you will give them instant increase in land value. Single-family neighborhoods are indeed the backbone ofMiami and of our society, and they should be protected. This is the third item on the agenda today that threatens R-1 land with upzonings, and even though the City Attorney said that this shouldn't be talked about in terms of it becoming a park, I'm disappointed that that whole philosophy wasn't applied to an earlier issue where a developer was talking about what they wanted to do with R-1 land down the road. City ofMiami Page 142 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Therefore, I say, Commissioner Spence -Jones, this is your opportunity to do a wonderful thing for your district. Do not upzone this. Move for eminent domain or have the Trust for Public Land buy this land and turn it into a park. District 5, where I work, is very lacking in park space. Please do a wonderful thing for District 5. Thankyou. Chairman Gonzalez: Thank you. Judy. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I'm just a footnote to Elvis, which hardly anybody can be other than a footnote to Elvis, andl would just like to say to Mr. Hernandez and everyone who's left up here that just with the remote possibility in the future that somebody might think to make a park out of this wonderful piece of land that the Parks and Public Spaces Committee ofMiami Neighborhoods United supports the neighborhood. Please deny the upzoning of this piece of property with that wonderful remote possibility in mind. Thankyou. Chairman Gonzalez: Thank you. Anyone else? All right. Seeing none, hearing none, I'm closing the public hearing. Rebuttal. Ms. Garcia -Toledo: Eminent domain. Deny this application so that you can do eminent domain on my property. That's what you just heard, andl hope you're not trapped into that because that is a very costly process for municipal government, but let me address some of the issues. First and foremost, the issue about not being able to talk about covenant and concessions and voluntary proffers. The controlling case law on that is Walbert versus Metropolitan Dade County, which is a Third District Court case, and it specifically says that it would be against public policy and the benefit of the public to deny an owner of a property the ability to make voluntary proffers and concessions, and of course, I'm paraphrasing, and I'm sure Tucker will go and research that case, but basically, all I'm trying to -- Mr. Gibbs: No, I'll respond to it. Ms. Garcia -Toledo: -- establish here is the fact that, yes, we can, and yes, we should because it can benefit the public, as been decided by the courts. I would also ask that you ask your staff about this project and how we worked with them, and how we got here, and once again, these things are denied -- or the recommendations of denial by staff and lower boards because they do not have the ability to accept those concessions, those voluntary proffers from a property owner, and therefore, they would be writing a blank check, which they don't want to do, but would invite that you inquiry as --from your staff. It is appropriate, because you heard from our expert, Mr. Olmedillo, that this use is compatible, consistent because it's already there. We have R-3 next to our property. However, the R-3, even if it's built out as an R-3 on the other side of the railroad track, would not serve as a sound buffer or as a visual buffer between the neighborhood and the track because it's on the wrong side of the track. I also need to remind you that Miami 21 is not, andl repeat, it is not effective law in the City ofMiami, so to utilize the T-3, or whatever the zoning is that is being proposed at this time, would be legally reprehensible. My client did not know when he purchased that site that it was contaminated. He did buy it in a deed on the courthouse steps, based on conversations with Metropolitan Dade County Housing Department about the possibilities of putting an affordable housing project on the site. No one ever told him about the situation that he later encountered. I also would like to share with you that houses in this neighborhood are selling between 400 and $500, 000 directly across from this site, and these are homes that are approximately 1,200 to 1,400 square feet. I also need to tell you that this site has been a problem with criminal activity, andl would hope that you would allow us to move forward so that we can improve the site and build out the site. All in all, I would hope that you would consider allowing this project going forward. There is -- this project is not putting traffic on 4th Street because -- 4th Avenue because, in fact, there is no vehicular access to these townhomes from 4th Avenue. The traffic, as you saw on the plans, is internal, and even the garages, enclosed garages for those townhomes, are at the rear of the townhome, City ofMiami Page 143 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 and all access is from that internal road. With that, I will rest our case; ask you to remember the concessions that we're making here, which are innumerable, and hopefully, obtain a positive recommendation vote from you. Chairman Gonzalez: All right. Back to the Commission. Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you, Mr. Chairman. This has definitely been a project or an area that I've been looking at for a while, and I've had the opportunity to, you know, at least visit the site at least two, maybe three times, maybe even four times, and even this week alone, driving it just to kind of look at the site and to really make sure that whatever decision I decide to make, it's going to be the right decision for the residents of the area and for the citizens of Miami. There's a couple of things that was said that I want to, you know, have some clarity on or -- not even clarity, just really make some statements on. Ms. Toledo [sic], someone made a comment earlier -- I'm not really sure who it was, but one of them made a comment saying that there's -- might have been your ex -- one of your experts -- that the cars don't really -- couple of times that they've gone through, the cars really don't cut through the neighborhood, or he has not had the opportunity to see that as of yet. I can attest that they cut there -- through there all the time. That's like another little highway in that neighborhood. People jump off of 81st Street to zoom right through, so that totally is not a true statement, so that -- it is a problem there. The other concern I had in visiting this site -- and again, I went, again, this week with staff members just to see it for myself -- is what would happen with the land if nothing is done with it, if nothing goes there? I mean, the reality -- and this is not something new that I've not communicated to folks in the area. Even me going there this week and going actually physically on the property -- as you know, right by the railroad area, it has become a homeless area, where most folks, you know, stay up under the tracks, and we all know that they're there. Even the girls that work on 79th Street use that sometimes as a pit stop in the neighborhood, and we can all attest that that is happening, so that is the glaring thing that sticks out in my mind. If not something, then what, and that's why I was trying to get some clarity from our Parks Department because I was hearing back and forth, you know, that, you know, at one time, we either had the property or were looking at doing something with the property, and you know, clearly -- Robert Ruano (Director, Grants Administration): Commissioner -- Commissioner Spence -Jones: Are you Mr. Parks Department? Mr. Ruano: No, I'm not, but ifI could clarify a little bit. Commissioner Spence -Jones: Sure. Mr. Ruano: Robert Ruano, director of Grants and Sustainable Initiatives. I did -- we did speak to Mr. Burkeen. His comment was that the reason they did not have plans to buy it was because they didn't have the match for it. This grant, which I know very well because we're just -- we just purchased one in Allapattah, requires at least a 25 percent match, and we looked at this -- we actually looked at this property probably two or three years ago, and the City's looked at it several times and wanted to make it into a park, but we didn't have the match for it, so we hadn't pursued it, and also, the owner -- you have to have a willing seller, and the owner did not want to sell. Commissioner Spence -Jones: OK. Mr. Fernandez: Again, Mr. Chairman, Madam -- Commissioner Spence -Jones: I just asked a -- I understand. You ain't got to go there. Mr. Fernandez: -- but any continued reference to -- City ofMiami Page 144 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: I know, I know. I got it. Mr. Fernandez: -- this property as a park -- Commissioner Spence -Jones: I understand. I got it. Got it, Mr. City Attorney. Mr. Fernandez: -- is inappropriate. Commissioner Spence -Jones: Thank you, sir. Commissioner Sarnoff Would that equally be true to reference this in terms of any kind of building? Mr. Fernandez: Yes. Commissioner Spence -Jones: OK. All right. Thank you for clearing up that matter. I was impressed, however, with the fact that the builder has decided to include about 10,000 square feet of green space for the public neighborhood use, which I thought was important in look -- Commissioner Sarnoff But that's something we can't consider -- Commissioner Spence -Jones: Oh. Oh, yeah. Commissioner Sarnoff -- is that correct? Mr. Fernandez: Well, again -- Commissioner Spence -Jones: Yeah. That's true. Mr. Fernandez: -- to the extent that you're not making it a requirement and that the developer would be proffer [sic] it, the case law cited stands for that proposition, limited proposition -- Commissioner Spence -Jones: I'm really making -- Mr. Fernandez: -- of that. Commissioner Spence -Jones: -- comments based upon what was proffered on the record by both Ms. Garcia -Toledo: Correct. Commissioner Spence -Jones: -- people. Ms. Garcia -Toledo: It has been proffered on the record, and if you'd like to, I will go through that litany again. Commissioner Spence -Jones: No. Ms. Garcia -Toledo: OK. Commissioner Spence -Jones: I don't need to go -- need you to go through that at all. I just wanted to -- Ms. Garcia -Toledo: But it is a voluntarily proffer concession. City ofMiami Page 145 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: Which is about ten acres facing the -- I mean, excuse me, ten -- what is it? Ms. Garcia -Toledo: Thousand square feet. Commissioner Spence -Jones: Ten thousand square feet, not ten acres. I'm sorry. Ten thousand square feet, some of it facing the water area, correct? Ms. Garcia -Toledo: No. It's at the other -- well, yes. There is a -- Commissioner Spence -Jones: Is it a common --? It was a -- Ms. Garcia -Toledo: It's two separate sections -- Commissioner Spence -Jones: Section. Ms. Garcia -Toledo: -- one is 10,000 at the south end -- Commissioner Spence -Jones: Got it. Ms. Garcia -Toledo: -- of the property, and if you walk on the public sidewalk that we will have to build, when you get to the other end of the property, there is like a 12- or 15-foot-wide path along our property all the way to the water. Commissioner Spence -Jones: Got it, Vicky. OK, so for me, Mr. City Attorney -- and I'll make sure I don't cross that line -- trying to balance what I see there now and what's been that way for a very, very long time. I mean, I know it's been vacant for at least, what, how many years now at this present time? Does -- do the neighbors know how long that's been vacant? Tucker, do you know? Ms. Thompson: Excuse me, Commissioner. We're not recording if they're -- Chairman Gonzalez: We need -- Ms. Thompson: -- not on the mike -- Chairman Gonzalez: -- you to -- Ms. Thompson: -- andl can't hear anything. Chairman Gonzalez: -- speak on the record. Ms. Garcia -Toledo: There was -- ifI can, while she's walking to the mike -- some testimony at PAB, I think, from one of the -- an heir of the previous owners. Apparently, it was in constant nursery use until the early '80s -- Commissioner Spence -Jones: OK, so -- Ms. Beckett -Brown: No. Ms. Garcia -Toledo: -- and that's when it was sold. Ms. Beckett -Brown: That's not true. City ofMiami Page 146 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: OK, so how long has it been vacant, ma'am? You live there. Ms. Beckett -Brown: Yes. I live there. Commissioner Spence -Jones: OK. Ms. Beckett -Brown: My name is Sarah Beckett -Brown, live at 301 Northeast 82nd Terrace. It's been vacant probably since maybe the '70s -- Commissioner Spence -Jones: Yeah. Ms. Beckett -Brown: -- maybe even the '60s. It's been a very long time. Commissioner Spence -Jones: And let me just say this. That's -- I hate to say this part, but that's the fear that have in it, to see 20 more years of it being vacant. That's the concern. That's the biggest concern that I have. I do have an issue with the R-1 being right across the -- No. That's the only question I had. That was my fear of it remaining vacant, and if we're relying on the City to buy -- oh, I'm sorry. We're not supposed to talk about buying parkland even though we're a green city, right? Right, Mr. City Attorney? OK, sorry. I'm looking also to the east side of it, which is actually in Commissioner Sarnoffs district, which abuts it, is R-3, so it's -- you have on one side of the track is R-3, and the other side is R-1, and the only thing that separates the two of them really is a railroad track, correct? Ms. Garcia -Toledo: Correct. Commissioner Spence -Jones: Tucker, can you speak for your people so that I don't get in trouble with Jorge? Mr. Gibbs: I think I've been told that there is -- there's a water course there, too? Unidentified Speaker: There's a little river water (INAUDIBLE). Commissioner Sarnoff It's separated by the river. Mr. Gibbs: There's a little river waterway also -- Commissioner Spence -Jones: OK. Mr. Gibbs: -- and the railroad track isn't just -- it's a right -- it's the main line of the Florida East Coast -- Commissioner Spence -Jones: Right. Mr. Gibbs: -- railroad. It's pretty wide. Commissioner Spence -Jones: So for me, between -- when I look at the zoning map itself, I see an R-1 across the street from it; on the tip of it, I see an R-2; and the side going to the east, I see an R-3. Right, so part of me feels the back part of this property -- and for those that have actually driven the property -- I don't know if any of the Commissioners had the opportunity, but I did go with Planning staff yesterday. When you physically go out there to look at the land and you drive it, when you look at the residents, the R-1 s that are directly across the street, it almost appears as though it is far enough away from the resident side of it for it really not to have a big impact on the resident side of it. Now, let me just add on -- let me just add why I say that. When I look at also the property, my biggest concern in walking it and seeing it this week was the street that abuts the R-1 portion of it was the -- that road and the residents being affected coming -- the City ofMiami Page 147 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 new people, sixty-nine people or sixty -something odd people coming and now being on that road, but today, I'm looking at something different that shows that we will never touch the road in front of the houses on that street. It's almost as if everything is somewhat self-contained in that little sliver of land, so from looking at that, I was a little bit more comfortable with seeing that the only people that would actually affect that road are residents that are actually walking out of their houses, not driving, so that made me a little -- feel a little bit more comfortable about it also. Then I'm looking at the R-2 section here that's on the corner portion of it -- yeah -- andl understand Planning -- I don't know if Planning's here. In my briefings, it was communicated that there's a parcel that is -- is that parcel owned by --? Ms. Garcia -Toledo: Yes. There is -- Commissioner Spence -Jones: What's slated -- Tucker, is that parcel --? Mr. Gibbs: I don't know what that -- that parcel's not -- Ms. Garcia -Toledo: It's -- Mr. Gibbs: -- part of the application, so -- Commissioner Spence -Jones: OK. Mr. Gibbs: -- I'm not -- I -- Ms. Garcia -Toledo: -- but -- Mr. Gibbs: -- would probably object to any kind of reference to -- Ms. Garcia -Toledo: -- it is owned -- Mr. Gibbs: -- that parcel because it's not part of the application. Commissioner Spence -Jones: OK. Ms. Garcia -Toledo: -- but as a point -- Mr. Gibbs: This is about this application -- Commissioner Spence -Jones: Yeah. Mr. Gibbs: -- not about any other parcels. Commissioner Spence -Jones: OK. Ms. Garcia -Toledo: -- but in understanding the neighborhood, I think it's important. There are Commissioner Spence -Jones: I'm just trying to talk about 81st Street and people coming down in -- Mr. Gibbs: Oh, I understand. Commissioner Spence -Jones: OK. Ms. Garcia -Toledo: Right. City ofMiami Page 148 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: That's all I'm asking. Ms. Garcia -Toledo: The R-2 that you're looking at -- Commissioner Spence -Jones: Yeah. Ms. Garcia -Toledo: -- the large parcel was a house that had over $300, 000 of Code enforcement violation. It was in very bad situation. Commissioner Spence -Jones: OK. He's going to object to you. I'm not -- Ms. Garcia -Toledo: It was purchased -- Commissioner Spence -Jones: -- going to object -- he's objecting. Mr. Gibbs: I'm going to object to that. Ms. Garcia -Toledo: -- at the request of the neighborhood, and my client owns it. He tore it down, and he's building. Mr. Gibbs: That is still not -- I'm sorry, I have to object for the record because it has no relevance to the rezoning. Their good deeds -- I use that term in quotes -- have nothing to do with the -- whether or not they meet the Code requirements for a rezoning and land use change -- Commissioner Spence -Jones: Right. Mr. Gibbs: -- so I'm sorry I had to keep on objecting. Commissioner Spence -Jones: And guess the only thing was -- the only reason why was asking, Tucker, was because that is 81st Street, andl have driven the area with the folks in the community, and that is a big issue because people cut through that area -- Mr. Gibbs: Absolutely, and -- Commissioner Spence -Jones: -- clearly, and if there's going to be anything put there, the people are going to have to drive out of that, and somehow, that is going -- Mr. Gibbs: That's right. Commissioner Spence -Jones: -- to affect, one way or the -- not only drive out, but either drive in and coming out, so that's the reason why I asked -- Mr. Gibbs: I -- and we under -- Commissioner Spence -Jones: -- about -- Mr. Gibbs: -- stand that. We understand. Commissioner Spence -Jones: That was the only reason I asked. Then one of the other things that was brought up was the issue of -- originally -- which I had no idea, which is not -- I guess not relevant, but the land itself costing, I believe you stated, Tucker, $81, 000? Mr. Gibbs: That's what the tax deed in your file shows, in your -- City ofMiami Page 149 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: OK -- Mr. Gibbs: -- package. Commissioner Spence -Jones: -- and the proffer that was proffered today that, I believe, about four units of that will become workforce housing, correct? That's what was said today? Mr. Gibbs: Excuse me? I'm sorry. Commissioner Spence -Jones: You mentioned four units -- out of the sixty-six units, only four -- Mr. Gibbs: I was quoting the presentation that was -- Commissioner Spence -Jones: Right. Mr. Gibbs: -- made by the applicant, which I still think was irrelevant about the workforce housing, but I had to, at least, respond to it because it was out there, and that's the reason why I made that response. Commissioner Spence -Jones: All right. Mr. Gibbs: Still don't obviate my objective. Commissioner Spence -Jones: OK, and I'm just -- I'm -- because every little subject matter that I'm touching on now will help me make my overall decision as to what I'm going to do, and you know, if it was more of a affordable housing -related project -- as you know, we do have an affordable housing -- even though we know it's a zoning issue; it has absolutely nothing to do with what we're voting on today, but my point is, we understand that there is also a big need in the district for additional housing, but that's not being proffered today either -- well, four units are, correct? Mr. Gibbs: That's what they say. Commissioner Spence -Jones: OK, and then the last comment that I have before I actually make my decision -- and I guess the thing for me is -- the biggest fear that I have is to look at this slither [sic] of land andl see what it looks like. I was very concerned when I got to it this week andl saw that some beautiful trees on those -- on that parcel, and it could actually be a wonderful -- I know I'm not supposed to say it -- park, but the reality is is that we don't own the land, and if the owner does not want to sell or do anything with it or do not want to make it available to us, then what do we do? Ms. Garcia -Toledo: Commissioner -- Mr. Gibbs: Can I respond? Commissioner Spence -Jones: I want to finish -- Ms. Garcia -Toledo: OK. Mr. Gibbs: Oh. Commissioner Spence -Jones: -- my statement -- so that's where I am with it. Now, if it could -- I mean, I'm even comfortable with it beingR-2. I mean, butt just think jumping from 1 to 3 or 4, in any way, I think it's a pretty big leap, and especially since the investment -- if that was the investment -- wasn't a huge investment. Not that I can talk about his investment -- I understand I City ofMiami Page 150 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 can't do that, but that would be the concern that would have, andl was really hoping and praying and hoping and praying that the two would be able to come together and sit down and work through these details because I think the neighbors were really trying. I mean, based upon what I understand of what they were doing, they were really trying -- Ms. Garcia -Toledo: They were. Commissioner Spence -Jones: -- so -- Ms. Garcia -Toledo: We both did. Mr. Gibbs: Yeah. Commissioner Spence -Jones: -- before I make my motion, I want to at least officially put it -- make this comment, and I'm going to allow for you guys to have the opportunity once again. For me, I would be much more comfortable with it being an R-2 abutting the railroad than making such a big leap, so -- Ms. Garcia -Toledo: May I address that comment? Commissioner Spence -Jones: Yes, you may. Ms. Garcia -Toledo: The issue is the number of units. To reduce one entire floor would take out 19 to 20 units, and it -- and that's the -- Commissioner Spence -Jones: But they didn't spend that much on the land. Ms. Garcia -Toledo: -- critical issue in making the project work. Commissioner Spence -Jones: But they didn't spend that much on the land. Ms. Garcia -Toledo: But they still have to spend a million four to clean it up. Chairman Gonzalez: Eighty. Commissioner Sarnoff Eighty thousand dollars. Chairman Gonzalez: Yeah. Commissioner Spence -Jones: You know, so -- andl think the neighbors would be willing to, you know -- I mean, that's my position, Mr. City Attorney. You're kind of quiet today, Mr. City Attorney. Mr. Fernandez: I've been beaten up so badly. Vice Chairman Sanchez: Couldl make a suggestion? As -- Commissioner Spence -Jones: Sure. Vice Chairman Sanchez: -- for the sake of time -- and we do have one big item coming up -- Commissioner Spence -Jones: I understand. Vice Chairman Sanchez: -- why don't we table this? Apparently, they're talking. They might come to an agreement of some type, and then later on, we'll bring it back while we work on the City ofMiami Page 151 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 other issue -- Commissioner Sarnoff Wait. What's -- Vice Chairman Sanchez: -- which I think Commissioner -- Commissioner Sarnoff -- our new worksheet now? Ms. Thompson: Do you mean table it until later on in this meeting? Vice Chairman Sanchez: Yes, ma'am. Ms. Thompson: Thank you. Vice Chairman Sanchez: I did study that. Commissioner Spence -Jones: I mean, I am really trying. Mr. Gibbs: I hear you. I have a concern. Commissioner Sarnoff You may "withdraw." Mr. Gibbs: One, all my clients aren't here -- Commissioner Sarnoff You can "defer." Mr. Gibbs: -- and that's a problem. Number two -- Commissioner Sarnoff You can -- Mr. Gibbs: -- the other issue is Commissioner Sarnoff -- but you cannot (INAUDIBT,F). Mr. Gibbs: -- if it goes down to R-2, can you do that with a land use change and everything else without having it go back? That's a new application, isn't it? Ms. Garcia -Toledo: No. Mr. Fernandez: It's a new application -- Ms. Garcia -Toledo: No. Mr. Fernandez: -- but to the extent that RE-3 [sic] -- it was analyzed -- the application was analyzed for an RE-3 [sic], which is more intense and more dense, anything less intense, less dense, to the extent that we're looking at land use and not specific plans and not specific colors and all of that, it would be my opinion that it would be a valid motion to be made if, in fact, that motion is made. Now, I've -- I have other concerns with that being the direction that this whole debate would go because it's, again, an issue that I have expressed my sentiments in the past of what this type of negotiating -- Commissioner Spence -Jones: I understand. Mr. Fernandez: --from the dais, what it does to the process, not so much from the lengthening it and from the confusing aspect of it, but what it does to the ultimate authority and power that's City ofMiami Page 152 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 vested in you as elected officials -- Commissioner Spence -Jones: Yes, sir. Mr. Fernandez: -- to make decisions that are win -lose decisions, rather than -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- find the win -win. Commissioner Spence -Jones: Just in the -- my -- just -- Mr. Chairman, I apologize. I really wanted to really, you know, allow both parties to really, you know, work through whatever issues. If you don't mind, Mr. Chairman, because I know we do have more to go on on the agenda, I would ask that, if we did just like we did with the Mercy Hospital situation, where we can just come -- bring it back at the next meeting, and then I'll just -- we'll just make a vote on it from there. We won't hear any more testimonies. Chairman Gonzalez: I don't have a -- Ms. Garcia -Toledo: If -- Chairman Gonzalez: -- I don't have any problem with that. The only problem is that if we're going to -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- defer it -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: -- or continue it. Ms. Garcia -Toledo: Can we table --? Chairman Gonzalez: This will be continue, Mr. City Attorney? Commissioner Spence -Jones: I guess it would be a motion to defer to -- Chairman Gonzalez: That would be continue, right? Mr. Fernandez: No. Ms. Garcia -Toledo: Commissioner -- Mr. Fernandez: It's -- according to the new language that has been adopted, you are, in fact, continuing it to a time certain -- Chairman Gonzalez: OK. Mr. Fernandez: -- which would be the May 20 -- Commissioner Spence -Jones: OK. Ms. -- OK. Chairman Gonzalez: I have no problem with that. The only thing is that if we're going to do that, then let's make sure -- City ofMiami Page 153 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Only a vote. Chairman Gonzalez: -- that whenever it come back, it comes back to -- Commissioner Spence -Jones: We won't -- we don't want to hear any more discussion, but can I ask -- Mr. Tucker? Mr. Gibbs: Yeah. Mr. Gibbs, yes. Commissioner Spence -Jones: Mr. Gibbs, I'm sorry. Mr. Gibbs: Everybody does it, hey. Commissioner Spence -Jones: I'm sorry. Mr. Fernandez: Yeah. In fact, Lourdes has -- Commissioner Spence -Jones: Do you want to table it and, at the end of the night --? OK. Mr. Gibbs: Pardon me. I'm sorry. Commissioner Spence -Jones: All right, so that's what -- Mr. Gibbs: What --? Commissioner Spence -Jones: -- we're going to do, Mr. Chairman. Mr. Gibbs: I'm sorry. Commissioner Sarnoff What are we -- wait. What are we doing? Mr. Gibbs: I'm sorry. I was being -- Commissioner Spence -Jones: No. Mr. Gibbs: -- spoken to. Chairman Gonzalez: Are we going to continue? Commissioner Spence -Jones: We're going to continue to the next -- Chairman Gonzalez: To the -- Mr. Gibbs: Can I ask one thing? Chairman Gonzalez: -- May -- Commissioner Spence -Jones: Sure. Chairman Gonzalez: Yes, sir. Mr. Gibbs: If it's going to be continued to the May twenty whatever meeting -- Ms. Thompson: Fourth. City ofMiami Page 154 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Gibbs: -- 24th meeting -- Ms. Thompson: May 24. Mr. Gibbs: -- can we have a time certain because I have people here -- Commissioner Spence -Jones: Yes, you -- well -- Mr. Gibbs: -- who are --? OK. Commissioner Spence -Jones: -- you have to ask the Chairman. Mr. Gibbs: Mr. Chairman, could -- Commissioner Sarnoff Why don't we do first thing up? Mr. Gibbs: -- we have it at 5 o'clock? Is that OK? Commissioner Sarnoff Like we -- Chairman Gonzalez: Huh? Commissioner Sarnoff -- did with Mercy, first thing up. Chairman Gonzalez: OK. First meeting [sic] on the May 24 agenda. Commissioner Spence -Jones: At what time? Mr. Gibbs: Could we have it at 5 o'clock? Commissioner Spence -Jones: Can I get a time certain? Ms. Garcia -Toledo: May I ask a question? Chairman Gonzalez: No, be -- Ms. Garcia -Toledo: Is the purpose just -- Chairman Gonzalez: No. First meeting on Planning and Zoning. Ms. Garcia -Toledo: -- for a vote -- Vice Chairman Sanchez: It's only for a vote. Chairman Gonzalez: It might be at 10 -- Commissioner Spence -Jones: It's only for a vote. Ms. Garcia -Toledo: Or is the -- Mr. Gibbs: That's true. Ms. Garcia -Toledo: -- purpose to give us time to try to -- City ofMiami Page 155 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: Yes. Ms. Garcia -Toledo: -- talk to one another? Chairman Gonzalez: Excuse me. If we all talk at the same time, nobody's going to know what we -- you know, what we're saying, so let's -- Mr. Gibbs: My poor court reporter. Chairman Gonzalez: -- take turns, and the court reporter won't be able to get anything on the record; that's correct? On May 24, this item will be the first and the second item. Time -- it's very difficult to say time because we might have a short regular agenda -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- as we did this morning. If that is the case, it may be 10: 30 in the morning; it may be 11 o'clock in the morning. Commissioner Sarnoff Right now we're scheduled for Miami 21 on the 24th, which I think is premature, but I'm just -- Chairman Gonzalez: I believe -- Commissioner Sarnoff -- giving you your schedule. Chairman Gonzalez: -- I also believe it's premature -- Commissioner Sarnoff Right. Vice Chairman Sanchez: You're the Chair. Chairman Gonzalez: -- very, very, very premature. Vice Chairman Sanchez: You're the Chair. Commissioner Sarnoff Well, I think we need to workshop Miami 21, and then -- Commissioner Spence -Jones: Well, if this item can be -- we don't have to give them a time certain of the time now, but Mr. Chairman, can they just -- staff reach out to you and you decide, you know, what's a good time? And we can take that item -- Chairman Gonzalez: I would say -- Commissioner Spence -Jones: -- and get it out of the way -- Chairman Gonzalez: No. I'm going to tell you right now, it's going to be the first and second item on the agenda -- Commissioner Spence -Jones: OK, no problem. Chairman Gonzalez: -- on the Planning and Zoning. Mr. Gibbs: Right. Chairman Gonzalez: We might have -- City ofMiami Page 156 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Gibbs: A big regu -- Chairman Gonzalez: -- a very short -- Mr. Gibbs: Oh. Chairman Gonzalez: -- regular agenda that might take, you know, like this morning, an hour, an hour and a half, so we're talking between 10 o'clock in the morning and -- Mr. Gibbs: And noon. Chairman Gonzalez: -- noon. Mr. Gibbs: That's fine. That's fine with us. Chairman Gonzalez: OK. Mr. Gibbs: That's fine. Chairman Gonzalez: That's the closest thatl can give you because -- Mr. Gibbs: I -- and we appreciate that because I understand the constraints you're working under, so -- Chairman Gonzalez: Right. Mr. Fernandez: Mr. Chairman -- Commissioner Spence -Jones: Thank you. Mr. Fernandez: -- point of clarification. You are continuing then the public hearing because -- Chairman Gonzalez: No, not a public hearing. Commissioner Spence -Jones: No. Mr. Fernandez: On May 24, you're just not going to vote; you're going to hear the result of their getting together or -- Chairman Gonzalez: No, no, no, no, no. Mr. Fernandez: We need clarification on this. Chairman Gonzalez: No. No more public -- Mr. Gibbs: That's -- Chairman Gonzalez: -- hearing. Mr. Gibbs: -- not what -- Mr. Fernandez: Only to vote? Vice Chairman Sanchez: Vote. City ofMiami Page 157 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: Only to vote. Mr. Fernandez: Only to vote, not to -- Chairman Gonzalez: Only to -- Mr. Fernandez: -- hear from them. Chairman Gonzalez: No. Commissioner Spence -Jones: Right, just to hear whatever's proffered. Chairman Gonzalez: Unless -- Mr. Fernandez: No, no, no. Commissioner Spence -Jones: Your client's willing to make a concession. That's what -- Chairman Gonzalez: Unless -- Commissioner Spence -Jones: -- they just said. Mr. Chairman. Chairman Gonzalez: Huh? Commissioner Spence -Jones: The client is -- her client is willing to make a concession. Ms. Garcia -Toledo: So that we can -- Chairman Gonzalez: Right now? Ms. Garcia -Toledo: -- finalize this tonight. Yes. Chairman Gonzalez: OK. Ms. Garcia -Toledo: He is willing to request an R-2 on the -- Commissioner Spence -Jones: Thank you. Ms. Garcia -Toledo: -- property -- Mr. Fernandez: Well -- Ms. Garcia -Toledo: -- of course, without any of the covenant or any of those things because we don't know what the project will look like, but definitely, an R-2. Mr. Fernandez: OK, and that -- Commissioner Sarnoff Wait. I'm sorry. Mr. Fernandez: -- that's a very nice proffer, but the Commission had the power to make a motion to a lower district, to R-2. Commissioner Spence -Jones: OK. City ofMiami Page 158 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Fernandez: I mean, it's fine that it's being proffered, but if that was the desire of the Commission to make that, I had already opined to you that you could do that, and that would certainly do less density and lower the height. Commissioner Sarnoff Mr. City Attorney, then I'm curious because if this is going to go to an R-2, how am I going to know, when I vote, what the Planning Department recommends and what the PAB would have recommended? Mr. Gibbs: Thank you. Commissioner Sarnoff I'm without that. Mr. Gibbs: Where's that section? That's the issue. Ms. Garcia -Toledo: There's a specific section of the Code that is -- Mr. Gibbs: Mr. Chair -- and -- because I know the section they're going to talk about. I have no objection. On a zoning matter, you have the right, when you have an application for an R-3, to approve an R-2. That's not the question; it's your Comprehensive Plan. There's no language in your Code about your Comp Plan. I believe you need a recommendation from your Planning Department staff because they recommended denial of the R-3. There's nothing that says they're going to recommend in favor of the R-2, and you need to base your decision on competent and substantial evidence, and you don't have it on R-2. Vice Chairman Sanchez: Point well made, counsel. Commissioner Spence -Jones: OK. Chairman Gonzalez: All right, so where do we stand now? So now we don't have a need to continue. Commissioner Spence -Jones: Let's just go ahead and go with the 20 -- the meeting that we talked about in May, if you don't mind, Mr. Chairman. Hopefully, they'll get a chance to get together and work out something, and then by that time, we'll deal with it. I'm glad to see that your client is willing to consider R-2. I really appreciate that -- Ms. Garcia -Toledo: Today. Commissioner Spence -Jones: -- and I'm going to say this to Tucker -- Ms. Garcia -Toledo: Maybe not next month. Commissioner Spence -Jones: -- and to the residents of Oak [sic] Grove, you know, andl really support Oakland Grove. I truly support you guys in the area. I want to say this, but we -- my feeling is we cannot afford to have vacant abandoned land or lots for 20 more years. OK, so I would ask that you guys come back the end ofMay, and I'll make my decision at that point. Chairman Gonzalez: All right, but -- Mr. Gibbs: We're coming back at -- Chairman Gonzalez: -- all right. Mr. Gibbs: -- when? City ofMiami Page 159 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Fernandez: Again -- Chairman Gonzalez: I -- Commissioner Spence -Jones: At the next -- he just said. Chairman Gonzalez: -- have no objection to bringing it back on May 24 -- Mr. Gibbs: OK. Chairman Gonzalez: -- first and second item, but listen to what they're saying. What they're saying is that these may have to go back to Planning and Zoning again, so that means that, on the 24th, we won't have anything. We -- you know, they both will be here. You know why? You have to go back to Planning and Zoning -- Ms. Garcia -Toledo: I -- Mr. Gibbs: That may be. Ms. Garcia -Toledo: -- object to -- Chairman Gonzalez: -- and -- Ms. Garcia -Toledo: -- the statements that have been made. We have -- Mr. Fernandez: Yes. Ms. Garcia -Toledo: -- experts that are as experts as your staff which have given substantial competent evidence on the record today that the R-3 could be supported, so there is competent substantial evidence -- Mr. Gibbs: That's not the issue. Ms. Garcia -Toledo: -- on the record, at least, on the applicant's side because Tucker didn't have an expert, so he basically was trying to give testimony, but there is substantial competent evidence, as required by law, that you heard from our planners that it supported the R-3. It certainly, if it supported R-3, supports the R-4 [sic], and we can resolve -- Commissioner Sarnoff R-2. Ms. Garcia -Toledo: -- this issue today. Commissioner Sarnoff R-2. Mr. Gibbs: Mr. Chairman. Ms. Garcia -Toledo: Excuse me, R-2, as well as the zoning aspect of this. Mr. Gibbs: Mr. Chairman -- Commissioner Sarnoff Not for a compromise. Mr. Gibbs: -- just briefly for the record. My clients did not hire expert witnesses, and you know why? Because you have a professional planning staff -- City ofMiami Page 160 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Garcia -Toledo: It doesn't matter. Mr. Gibbs: -- that recommended denial. The courts have determined that you must base your -- any decision you make must be based on competent and substantial evidence. If you voted to deny today -- Ms. Garcia -Toledo: And we have put it on the record. Mr. Gibbs: -- you had competent and substantial evidence on the record from your Planning Department staff. I was not proffering evidence. I was reiterating what your Planning Department -- Ms. Garcia -Toledo: And if you had -- Mr. Gibbs: -- staff presented. Ms. Garcia -Toledo: -- decided to vote in favor -- Commissioner Spence -Jones: OK -- Ms. Garcia -Toledo: -- you also had -- Commissioner Spence -Jones: -- Mr. Chairman -- Ms. Garcia -Toledo: -- competent evidence. Commissioner Spence -Jones: -- if -- can we take this back up in May and let staff then work out those issues, please? Mr. Gibbs: Thankyou. Ms. Garcia -Toledo: No. Chairman Gonzalez: All right. Commissioner Spence -Jones: I really would appreciate it. Chairman Gonzalez: All right. Commissioner Spence -Jones: Thankyou. Chairman Gonzalez: We'll bring it back on May 24, first and second item on the agenda, and no discussion, no -- Mr. Gibbs: Thankyou. Chairman Gonzalez: -- public hearing, just to vote on the item. Commissioner Spence -Jones: OK. Thankyou. Chairman Gonzalez: All right. Now -- Ms. Thompson: Chair -- Chairman Gonzalez: -- we have -- City ofMiami Page 161 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Garcia -Toledo: Don't you need to make a motion to that effect? Chairman Gonzalez: -- a tremendous -- Commissioner Spence -Jones: Do we have to make a motion? Ms. Thompson: No. Ms. Garcia -Toledo: To continue, yes. Chairman Gonzalez: You need -- Mr. Fernandez: Motion -- Chairman Gonzalez: -- to make a motion -- Commissioner Spence -Jones: I move -- Chairman Gonzalez: -- to continue. Mr. Fernandez: -- to continue it to a time certain or to a date certain -- Commissioner Spence -Jones: I'd like to make a -- Ms. Thompson: Excuse me. Commissioner Spence -Jones: -- motion to -- Ms. Thompson: Excuse me. You made a motion that was moved by Spence -Jones, and with the additional information that it'll come back on May 24, and they're items 1 and 2. What we need, if you're going to continue -- Vice Chairman Sanchez: Second. Ms. Thompson: Thank you. 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. PZ.13 06-00829zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 9, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 399 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 162 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 06-00829zc Analysis.pdf 06-00829zc Zoning Map.pdf 06-00829zc Aerial Map.pdf 06-00829zc Application & Supporting Docs.pdf 06-00829zc ZB 07-10-06 Fact Sheet.pdf 06-00829zc ZB 09-11-06 Fact Sheet.pdf 06-00829zc ZB 10-16-06 Fact Sheet.pdf 06-00829zc ZB Reso.PDF 06-00829zc CC Legislation (Version 2).pdf 06-008291u & 06-00829zc Exhibit A.pdf 06-00829zc CC FR Fact Sheet 01-25-07.pdf 06-00829zc CC FR Fact Sheet 02-22-07.pdf 06-00829zc CC FR Fact Sheet 03-22-07.pdf 06-00829zc CC SR Fact Sheet 04-26-07.pdf 06-00829zc submittal e-mail.pdf 06-00829zc CC SR Fact Sheet 05-24-07.pdf LOCATION: Approximately 399 NE 82nd Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Katia Traikos, Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on October 16, 2006 by a vote of 5-1. See companion File ID 06-008291u. PURPOSE: This will change the above property to R-3 Multifamily Medium -Density Residential. CONTINUED A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to continue items PZ.12 and PZ.13 to the City Commission meeting currently scheduled for May 24, 2007, as the first and second items on the Planning & Zoning agenda. PZ.14 07-00047zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF .4 TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF .4 AND "SD-12" BUFFER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2721 AND 2735 COCONUT AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 163 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 07-00047zc Analysis.PDF 07-00047zc Zoning Map.pdf 07-00047zc Aerial Map.pdf 07-00047zc Application & Supporting Docs.pdf 07-00047zc ZB 02-26-07 Fact Sheet.pdf 07-00047zc ZB Reso.PDF 07-00047v CC Updated Variance Planning Checklist.PDF 07-00047zc CC Legislation.pdf 07-00047zc CC ExhibitA.pdf 07-00047zc CC FR Fact Sheet.pdf 07-00047zc CC SR Fact Sheet.pdf LOCATION: Approximately 2721 and 2735 Coconut Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Robert Jerome Filer, on behalf of Steve's Parking, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on February 26, 2007 by a vote of 6-1. PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential with an SD-19 Designated F.A.R. Overlay District, F.A.R. of .4 and SD-12 Buffer Overlay District. Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chairman Gonzalez: OK, PZ.14. Is there any opposition on PZ.14? Anyone here in opposition of PZ.14? All right, no opposition. All right. Will you please introduce the item? Roberto Lavernia (Chief of Land Development): Roberto Lavernia, with the Planning Department. This is a request to add SD-12 in the property without changing the actual conditions, so they have the same zoning designation. The only thing that they going to do is to add an SD-12 in order to have the possibility for surface parking for immediately adjacent commercial. The Planning Department is recommending approval as presented, and you will see this item in front of you when they apply for the special exception for the parking on SD-12. Chairman Gonzalez: Very good. OK. This is -- requires a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. I see none; I hear none. The public hearing is closed. It comes back to the Commission. Commissioner Sarnoff. Commissioner Sarnoff I make a motion to approve. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion to approve, and have -- and we have a second. It's an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. City ofMiami Page 164 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 The Ordinance was read by title into the public record by the City Attorney. 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 passed on first reading, 4/0. Chairman Gonzalez: All right. Tucker Gibbs: Thank you all very much. Vice Chairman Sanchez: Thank you. PZ.15 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" BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT AND "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 3.0, TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT AND "SD-20.1" BISCAYNE BOULEVARD 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. First Reading City ofMiami Page 165 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 06-01057zc ZB 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 CC Zoning Map - OLD.pdf 06-01057zc CC Legislation (Version 2 - OLD).pdf 06-01057zc CC Legislation (Version 2 - Updated).PDF 06-01057zc CC ExhibitA.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 06-01057zc submittal zoning atlas map.pdf 06-01057zc CC Zoning Map - Modified.pdf 06-01057zc CC Analysis.pdf 06-01057zc ZB Reso.pdf 06-01057zc CC Legislation (Version 3).pdf 06-01057zc CC SR Fact Sheet.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 Biscayne Boulevard Edgewater Overlay District. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chairman Gonzalez: Are any other items here that are not controversial that we can take? Vicky Garcia -Toledo: Commissioner, item 15 you heard last time. This was the one that you denied; you reconsidered; you reopened it, andl told you that I would proffer a covenant reducing the FAR (floor area ratio) on the property, Commissioner Sarnoff, and you said that's what I was hoping to hear from you and come back, and you all continued it for me to come back and proffer the covenant at this meeting, and I'm proffering that covenant, cutting back or reducing the FAR from the 8.4 permitted to 6. City ofMiami Page 166 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff I think you might have to take a little more of a haircut than that. If you want to go forward with it, I'll make a motion. Ms. Garcia -Toledo: Can you give me an idea of --? Commissioner Sarnoff Five. Ms. Garcia -Toledo: Commissioner, I'd like to proffer a covenant for an FAR of five, and would you consider that the -- as long as we do ground floor retail, it will not count against the FAR? Commissioner Sarnoff No. It would have to count. Ms. Garcia -Toledo: Five total, OK. I had to try. Commissioner Sarnoff OK. I'll make a motion to approve that with the covenant, the voluntary covenant. Chairman Gonzalez: All right. Vice Chairman Sanchez: Voluntary? Ms. Garcia -Toledo: Reducing the FAR to five. Commissioner Sarnoff Well, it was voluntary. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. It's an ordinance, and it is to reduce the FAR to - Vice Chairman Sanchez: Five. Chairman Gonzalez: -- five -- Ms. Garcia -Toledo: Five -- Chairman Gonzalez: -- point zero. Ms. Garcia -Toledo: -- point -oh. Chairman Gonzalez: 5.0. Jorge L. Fernandez (City Attorney): It's a public hearing. Chairman Gonzalez: This requires a public hearing. Anyone from the public that wants to come in and speak on the item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Mr. City Attorney. Mr. Fernandez: Yes. This is on PZ.15? Chairman Gonzalez: 15, sir. City ofMiami Page 167 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Garcia -Toledo: VDowntown is the applicant. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Mr. Lavernia. Roberto Lavernia (Chief of Land Development, Planning Department): Yes. The map that you're receiving is update information because conditions are changed in the time that the application was presented andl want you to have update information. That's why we're providing you with that map. Chairman Gonzalez: Thank you. Roll call, please. Priscilla A. Thompson (City Clerk): Roll call on the modified ordinance. Chairman Gonzalez: On a modified -- yeah. Ms. Thompson: Thank you. 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.16 06-01234Iu 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 402 NORTHEAST 36TH STREET AND 347 NORTHEAST 35TH TERRACE, 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 168 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 06-012341u - PAB Fact Sheet.pdf 06-012341u - Analysis.pdf 06-012341u - Concurrency Report.pdf 06-012341u - Comp Plan Map.pdf 06-012341u - Zoning Map.pdf 06-012341u - Aerial Photo.pdf 06-012341u - PAB Legislation.pdf 06-012341u - PAB Application Documents.pdf 06-012341u PAB Reso.PDF 06-012341u CC Application & Supporting Docs.pdf 06-012341u CC Legislation (Version 2).pdf 06-012341u & 06-01234zc Exhibit A.pdf 06-012341u CC FR 02-14-07 Fact Sheet.pdf 06-012341u Submittal Diagram.pdf 06-012341u Submittal Photos.pdf 06-012341u & 06-01234zc February 2007 Corporation Certificate of Good Standing.PDF 06-012341u CC FR 04-26-07 Fact Sheet.pdf 06-012341u submittal declaration of restrictive covenants.pdf 06-012341u CC SR Fact Sheet.pdf LOCATION: Approximately 402 NE 36th Street and 347 NE 35th Terrace [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Melissa Tapanes Llahues, Esquire and Ben Fernandez, Esquire, on behalf of Grape & Associates, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 6, 2006 by a vote of 6-0. See companion File ID 06-01234zc. PURPOSE: This will change the above properties to Restricted Commercial. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chairman Gonzalez: All right. We have two items here, 16 and 17. Is there opposition on 16 and 17? No opposition on 16 and 17. All right. Vice Chairman Sanchez: First reading. Chairman Gonzalez: PZ.16 and PZ.17, first reading. Vice Chairman Sanchez: Marc, that's yours. Commissioner Sarnoff Yeah. I'm looking at it. Vice Chairman Sanchez: It's first reading. Commissioner Sarnoff Right, right. I gotcha. Chairman Gonzalez: You know, there is another item here on the agenda, Commissioner City ofMiami Page 169 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Sarnoff, that you requested that whenever it came back, was just to vote on it, the -- Commissioner Sarnoff The appeal. Chairman Gonzalez: -- appeal? Commissioner Sarnoff Yeah. Chairman Gonzalez: Maybe we can take that too, and that will clean another item. Commissioner Sarnoff That's fine. Chairman Gonzalez: All right. Do you want to introduce the item while they get set up so we can, you know, advance? Harold Ruck (Planner II, Planning Department): PZ.16. Chairman Gonzalez: Yes, sir. Mr. Ruck: OK. This is a -- Chairman Gonzalez: 16 and 17 are companion items. Mr. Ruck: Yes. Right, companion item with PZ.17, and then the first one is the future land use. The proposal at the subject property, approximately 402 Northeast 36 Street and 347 Northeast 35th Terrace, has been reviewed for a future land use change of the Comprehensive Plan from high density multifamily residential to restricted commercial. The subject property is comprised of two lots and is approximately .21 acres, and is bounded to the south by Northeast 35th Terrace, to the north by 36 Street between Northeast 5th Avenue to the east and Biscayne Boulevard to the west. PAB (Planning Advisory Board) recommended approval. The Planning Department recommends denial based on the following: Primary concern is the requested change will represent an intrusion of commercial uses into a high density residential neighborhood. For that reason, we recommend that the land use not be changed. Thank you. Chairman Gonzalez: Thank you. Ben Fernandez: Thank you. Mr. Chair, members of the Board, Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of Grape Associates, LLC, and Ms. Elanna Eltes, principal of Grape Associates, the property owner, is with me today, so is our project architect, Ms. Jaya Zebede, and this property is -- you may recall, this was up a couple of months ago before the board. It was continued at that time. It's here on the on ramp to the Julia Tuttle Causeway, which is 36 Street -- between 36 Street and 35th Terrace. We are requesting a rezoning of the parcel to C-1, and you can see that the extent of the C-1 zoning, which you see in red here, is entirely consistent with what we're asking for. It runs right into the eastern extreme property line here. Actually, when you look to the north side of 36 Street, it goes much farther east. The property is in an area that we think is really not as suitable for residential as it is for a mixed -use project or an office/residential product. That's what we're proposing for the site. This is the draft plan that we have. We're still working on it with staff. The surrounding properties include the Blue, which is a large high-rise; you see it here right on the off ramp to the 36 Street. Fifth Avenue Lofts is another high-rise product that is down the street on 35th Terrace. Of course, you have the Charter Club; White Bay Lofts is another about 15-story tower that's been approved. What we're asking for on this site is only a three-story building, maximum height of 57 feet. We're willing to proffer a covenant. The only concern that has been expressed to date is the potential intrusion of a retail use into a residential area. We're prepared to proffer a covenant to you, which is what you have before you, that will restrict retail uses from the City ofMiami Page 170 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 property altogether, so there's no chance of this causing any commercial intrusion. In addition, it's going to limit the height to 57 feet maximum; it was 50 feet. We had to increase it to seven because of a parapet -- Commissioner Sarnoff I was going to ask you what that -- Mr. B. Fernandez: Yeah. Commissioner Sarnoff -- said. Mr. B. Fernandez: I know. It looks funny -- and then it also limits the maximum size of the space to 10,000 leasable square feet total. What this is going to do for you, at a very minimum, is ensure that the 36 Street frontage will have a valley in what could otherwise be just a canyon of high-rises if this property were to abrogate with the property to the east or with the property to the west. This is going to ensure that that doesn't happen, and the reason we can do that is because we have an end -user. Ms. Eltes is going to build this building, and she's going to habitate the -- in the building. She's not going to live in it, but she's going to work in it, and we think that, for that reason alone, this application has merit. As I say, it's a beautiful design. We have our project architect here, Ms. Zebede, that can tell you a little bit more about it. It's going to have a lot of landscaping along -- sure. Commissioner Sarnoff I want to hear about the green aspect of it, green building, LEED (Leadership in Energy and Environmental Design) green. Didl hear gold? Unidentified Speaker: We are trying to. Mr. B. Fernandez: Well, we're shooting for gold. You want to commit to gold? I think we want to commit to silver -- Unidentified Speaker: We would love to. Mr. B. Fernandez: -- and we'll strive for gold. Unidentified Speaker: Ms. Zebede will address -- Commissioner Sarnoff Sure. Jaya Zebede: I'm Jaya Zebede. I'm the architect on the project, and I'd like to say that the building is inspired on Miami Modernism, and having been here 12 years, I'm very excited with the transformation of the City and hope to contribute to it in a positive way; very simple geometries. We are -- I've introduced my client to a green consultant, and she's very committed to having a building that is LEED certified, hopefully, setting an example for Miami development in the future, andl think that the building is respectful of its surroundings. The entrance is on the north side, which is the busiest side, and yet, on -- the second floor is office; the third floor is two -bedroom lofts, and there's a balcony on the south side, which is facing the more sort of residential part of the site, and we're hoping to make the building, like I said, LEED certified with a energy envelope and good HVAC (Heating, Ventilating and Air Conditioning) systems and water heating systems, and hopefully, we'll be -- Commissioner Sarnoff Mr. Fernandez, I'm ready to pass a motion -- Ms. Zebede: Yes. Commissioner Sarnoff -- if you'd make the commitment that it would be [FED certified City ofMiami Page 171 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Unidentified Speaker: That is our wish. Ms. Zebede: Yes. Commissioner Sarnoff OK. Mr. B. Fernandez: Yes. We will add that to the covenant. Commissioner Sarnoff I'll make a mo -- Commissioner Spence -Jones: Second. Commissioner Sarnoff Thank you. Chairman Gonzalez: All right. We have a motion on PZ.16, and we have a second. It's an ordinance. Mr. City Attorney. I believe -- Jorge L. Fernandez (City Attorney): You opened it up -- Chairman Gonzalez: -- that I opened -- Mr. Fernandez: -- to the public already? Chairman Gonzalez: I'm sorry. This is a public hearing. This item requires a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized, either PZ.16 or 17. Seeing none, hearing none, the public hearing is closed. We have a motion, and we have a second. Read the ordinance, please. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, Madam City Clerk. Priscilla A. Thompson (City Clerk): Checking to make sure that that change to the green building -- is that a --? Commissioner Sarnoff Yeah. Let me make my motion again, ifI would, to make sure that it would be including the declaration of restrictive covenants, which would include, as an addition, to include this building to be an LEED green standard building; at a minimum, silver. Commissioner Spence -Jones: Second. Mr. Fernandez: That would be in 17; in 16, which is your Comp Plan -- Commissioner Sarnoff Always jumping the gun. I apologize. Mr. Fernandez: Yes. That's OK, so in the next item then is where all the conditions that were referred will be applicable. Chairman Gonzalez: All right. Roll call, please. Ms. Thompson: Thank you. Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 172 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Thompson: The ordinance has been passed on first reading -- Chairman Gonzalez: All right. Ms. Thompson: -- 4/0. Mr. B. Fernandez: Thank you. PZ.17 06-01234zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL WITH AN "SD-20" EDGEWATER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20.1" BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 402 NORTHEAST 36TH STREET AND 347 NORTHEAST 35TH TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01234zc ZB Analysis.pdf 06-01234zc Zoning Map.pdf 06-01234zc Aerial Map.pdf 06-01234zc ZB Application & Supporting Docs.pdf 06-01234zc ZB Fact Sheet.pdf 06-01234zc CC Application & Supporting Docs - OLD.PDF 06-01234zc CC FR Legislation (Version 2) - OLD.pdf 06-012341u & 06-01234zc Exhibit A.pdf 06-01234zc CC FR 02-14-07 Fact Sheet.pdf 06-012341u & 06-01234zc February 2007 Corporation Certificate of Good Standing.PDF 06-01234zc CC FR 04-26-07 Fact Sheet.pdf 06-01234zc submittal declaration of restrictive covenants.pdf 06-01234zc CC Analysis.pdf 06-01234zc ZB Reso.pdf 06-01234zc CC Application & Supporting Documents.pdf 06-01234zc CC Legislation (Version 3).pdf 06-01234zc CC SR Fact Sheet.pdf LOCATION: Approximately 402 NE 36th Street and 347 NE 35th Terrace [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Melissa Tapanes-Llahues, Esquire and Ben Fernandez, Esquire, on behalf of Grape & Associates, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on October 30, 2006 by a vote of 4-2. See companion File ID 06-012341u. PURPOSE: This will change the above properties to C-1 Restricted City ofMiami Page 173 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commercial with an SD-20.1 Biscayne Boulevard Edgewater Overlay District. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chairman Gonzalez: We need a motion on PZ.17, as amended. Commissioner Sarnoff I'll make a motion to -- as -- Commissioner Spence -Jones: Second. Chairman Gonzalez: And we have a second. Commissioner Sarnoff -- to include the [FED (Leadership in Energy and Environmental Design) green standard. Chairman Gonzalez: It's also an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): And the public, of course, has already -- Chairman Gonzalez: I already opened the public -- Mr. Fernandez: OK. Chairman Gonzalez: -- hearing for PZ.17 and 18 -- I'm sorry, 16 -- Mr. Fernandez: No, 16 and 7 -- Chairman Gonzalez: -- and 17, and there was no -- Mr. Fernandez: All right. Chairman Gonzalez: -- member of the public that wanted to speak on the item. 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. Ben Fernandez: Thank you very much. Chairman Gonzalez: OK. PZ.18 06-01433zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT City ofMiami Page 174 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 621-625 AND 645 NORTHEAST 64TH TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01433zc Analysis.pdf 06-01433zc Zoning Map.pdf 06-01433zc Aerial Map.pdf 06-01433zc Application & Supporting Docs.pdf 06-01433zc ZB 10-30-06 Fact Sheet.pdf 06-01433zc ZB 11-13-06 Fact Sheet.pdf 06-01433zc ZB Reso.PDF 06-01433zc Legislation (Version 2).pdf 06-01433zc Exhibit A.pdf 06-01433zc CC FR Fact Sheet 01-25-07.pdf 06-01433zc CC FR Fact Sheet 02-22-07.pdf 06-01433zc Submittal Map & Letter.pdf Letter Requesting Replacement on City Commission Agenda.PDF 06-01433zc CC FR Fact Sheet 04-26-07.pdf 06-01433zc CC SR Fact Sheet.pdf LOCATION: Approximately 621-625 and 645 NE 64th Terrace [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Grec Luis Development, Ltd., Contract Purchaser, and Grec/Luis II, Ltd. and Terra Urbana, Ltd., Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on November 13, 2006 by a vote of 6-1. PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential with an SD-12 Buffer Overlay District. CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez and Commissioner Regalado absent, to continue item PZ.18 to the City Commission meeting currently scheduled for May 24, 2007, as the third item on the Planning & Zoning agenda. Chairman Gonzalez: Let's see -- Adrienne Pardo: Mr. Chairman, can you hear item 18? Chairman Gonzalez: Item 18? Commissioner Spence -Jones: That's next, right? City ofMiami Page 175 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: Well, is that controversial? Is it going to be -- Commissioner Sarnoff There's going to be people. Chairman Gonzalez: Huh? Commissioner Sarnoff There's going to be people. Chairman Gonzalez: They're going to be people -- Ms. Pardo: There are? Chairman Gonzalez: -- speaking on it? OK. Vice Chairman Sanchez: Keep going. Chairman Gonzalez: What about 19 and 20? Is there any -- Commissioner Spence -Jones: 19 -- Chairman Gonzalez: -- opposition on 19 and 20? Ms. Pardo: Can I just ask --? Is it going to get heard at all tonight -- Chairman Gonzalez: Pardon me? Ms. Pardo: -- or are you saying it's not going to get heard tonight? Vice Chairman Sanchez: Maybe, maybe not. Chairman Gonzalez: Maybe, maybe not. Vice Chairman Sanchez: It's getting to that point where we start doing a disservice. [Later..] Chairman Gonzalez: We have a special exception appeal that is going to be a long one, I bet you, and a special exception appeal on Uptown Place, so we have two appeals. I got to go. Commissioner Spence -Jones: I know. Chairman Gonzalez: I leave you the agenda with three items. Vice Chairman Sanchez: Thank you -- Chairman Gonzalez: Three items. Vice Chairman Sanchez: -- very much, Mr. Chairman. Thank you very much. Chairman Gonzalez: I -- Ms. Pardo: Excuse me -- Chairman Gonzalez: -- brought it down from 15 to 2. City ofMiami Page 176 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: You did a good job. Chairman Gonzalez: OK. Vice Chairman Sanchez: You did a good job. Are we going to have Commissioner Regalado back or is he gone for the day? Commissioner Sarnoff I haven't seen him for quite a while. Chairman Gonzalez: I think he's gone. Vice Chairman Sanchez: All right. Ms. Pardo: Excuse me. Could l just find out for the record --? I have been here since 9 o'clock this morning. I have other people -- Vice Chairman Sanchez: So have we. Ms. Pardo: -- here. If it's -- if my item number 18 that's been passed over is not going to get heard and you have two big items, then I'd like it to get continued to the next hearing so I can leave and my architect can leave -- Vice Chairman Sanchez: That's -- Ms. Pardo: -- and have a neighbor who's here in support, and he can leave, too. Vice Chairman Sanchez: All right. I think -- Ms. Pardo: I think that's only fair at 20 till 8. Vice Chairman Sanchez: Listen, let me just state for the record here that it's an injustice -- Chairman Gonzalez: You know what? Vice Chairman Sanchez: -- when we are given -- Chairman Gonzalez: Let me tell you something -- and I'm sorry for interrupting you -- Vice Chairman Sanchez: No, no. Chairman Gonzalez: -- Mr. Vice Chair. You attorneys -- Ms. Pardo: Yes. Chairman Gonzalez: -- should get together with the City Manager and get together with the director of Planning and Zoning and the director of the agenda, OK, and protest because you know why we have this mess? Because they make agendas where they have five and six items that are very controversial, and then the time -- the clock keeps moving. The clock keeps moving Ms. Pardo: I understand that. Chairman Gonzalez: -- and l feel very -- Ms. Pardo: I just don't want to -- City ofMiami Page 177 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: -- sorry -- Ms. Pardo: -- sit here another three, four hours if it's not -- Chairman Gonzalez: -- for you -- Ms. Pardo: -- going to get heard. I don't think that's right. Chairman Gonzalez: -- and for many, many people that have been sitting in here since this morning -- Ms. Pardo: Right. Chairman Gonzalez: -- OK, waiting for their item to be heard -- Vice Chairman Sanchez: OK. Chairman Gonzalez: -- andl have said it many times since I'm Chairman, but they don't listen to me, so maybe if you attorneys -- Ms. Pardo: If they don't listen to you, they're not listening to me. Vice Chairman Sanchez: Well -- Chairman Gonzalez: They pay -- you pay their salaries. With all the contributions that you make of permits and all that, you pay their salaries. Jump on them. Vice Chairman Sanchez: All right. Listen, we'll -- we will always accept if you want to continue or defer your item. The motion -- it would be to defer to the next PZ (Planning & Zoning) -- Ms. Pardo: Continue -- Vice Chairman Sanchez: -- your item? Ms. Pardo: -- to the next PZ -- Vice Chairman Sanchez: All right. Ms. Pardo: -- if it's not getting heard tonight, yes -- Vice Chairman Sanchez: There's a motion to -- Ms. Pardo: -- please. Vice Chairman Sanchez: -- defer the item. Could you state the item number? Commissioner Sarnoff No, no, no. Commissioner Spence -Jones: Second. Ms. Pardo: And ifI could request ifI could be heard in -- Commissioner Sarnoff It's a motion for continuance under our new guidelines. Am I correct, Madam Clerk? City ofMiami Page 178 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Priscilla A. Thompson (City Clerk): Thank you. Vice Chairman Sanchez: OK. Ms. Thompson: Yes, you are. Vice Chairman Sanchez: It's a motion to -- for continuance to the next PZ -- Ms. Thompson: Which is -- Vice Chairman Sanchez: -- agenda -- Ms. Thompson: -- May 24. Vice Chairman Sanchez: -- which is May 24. Is there a motion? Ms. Pardo: Could it be one of the -- Commissioner Spence -Jones: Second. Ms. Pardo: -- top ten? Commissioner Sarnoff I'll so move, and if he moved -- I'll move -- Vice Chairman Sanchez: You know -- Commissioner Sarnoff -- it'll be number three, which will be -- Vice Chairman Sanchez: -- this is -- this ain't -- Ms. Pardo: Thank you. Vice Chairman Sanchez: Listen, this ain't -- Ms. Pardo: He just said number three. That's perfect. Vice Chairman Sanchez: -- this isn't Burger King. You don't get everything you want here, you know. Ms. Pardo: I got number three; I'll take it. Vice Chairman Sanchez: All right, so -- Commissioner Sarnoff There's a motion. Vice Chairman Sanchez: -- there's a motion and a second -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- to continue it -- Commissioner Sarnoff All in favor. Vice Chairman Sanchez: -- to the next PZ. All in favor, say "aye." City ofMiami Page 179 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition -- Ms. Pardo: As number 3? Vice Chairman Sanchez: -- having the same right, say "nay. " PZ.19 07-00051Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3814 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-000511u - PAB Supporting Documentation.pdf 07-000511u PAB Reso.PDF 07-000511u Land Use Map.pdf 07-000511u & 07-00051zc Aerial Map.pdf 07-000511u CC Application & Supporting Docs.pdf 07-000511u CC Legislation.pdf 07-000511u & 07-00051zc Exhibit A.pdf 07-000511u submittal.pdf LOCATION: Approximately 3814 NW 1st Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Ryan Emmer, Managing Member, on behalf of Montura Homes, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on February 7, 2007 by a vote of 7-0. See companion File ID 07-00051zc. PURPOSE: This will change the above property to Duplex Residential. Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Commissioner Spence -Jones: Can we take 19 and 20 -- Chairman Gonzalez: How many -- Commissioner Spence -Jones: -- Mr. Chairman? City ofMiami Page 180 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: -- people are here to speak on this item? Just one -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- two, three, four, five -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- six? Commissioner Spence -Jones: How many in opposi --? OK. Vice Chairman Sanchez: It's incredible. Commissioner Spence -Jones: The neighbors from Buena Vista East -- is it west? OK. All right. Harold Ruck (Planner II, Planning Department): Do you want --? Commissioner Spence -Jones: Go ahead, yeah. Goona get there. Mr. Ruck: Good evening. Harold Ruck, with the Planning Department, and this is PZ (Planning & Zoning) item 19; it's a companion item with PZ.20, as far as future land use. The proposal of the subject site is approximately 3814 Northwest 1st Avenue. It's been reviewed for a change of future land use plan map of the Comprehensive Plan from single- amily residential to duplex residential. Subject property is approximately .23 acres and consists of one lot at the corner of Northwest 39th Street and 1st Avenue. Subject property is currently designated single family residential, and the same designation is to the north, east, and west; to the south is duplex residential land use designation. Planning Advisory Board recommended denial; Planning Department also recommends denial for the following reasons: The east, west, and -- east -- Chairman Gonzalez: I'm going to ask you a question on this item. I wonder how many illegal duplexes are around this property because that happens in my neighborhood where I live. It's supposed to be an R-1, and there are about 2,000 R-2s, illegals. Commissioner Spence -Jones: But -- well, Mr. Chairman, I do know this area pretty well, and it - - most of the houses over there -- I'd say, probably 90 percent of them, are -- in that -- at least, in that section, are single-family houses -- Chairman Gonzalez: They are? Commissioner Spence -Jones: -- so it's a great neighborhood in there. Chairman Gonzalez: No. I was asking you because, you know, someone that wants to legalize a duplex will have a problem and will have a negative recommendation from Planning and Zoning and everybody else -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- but meanwhile, the rest of the neighborhood have duplexes -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- illegal duplexes. They don't pay taxes; they don't pay garbage; they don't pay anything, but they collect rent, so you know, I mean -- City ofMiami Page 181 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Ruck: OK. Commissioner Sarnoff You're right about that. Mr. Ruck: Continuing -- Chairman Gonzalez: That's the way it is. Mr. Ruck: -- to the east, west, north of the subject property, the areas are designated single-family residential. The character of Northwest 39th Street in this area is low density residential, specifically single family residential. The change to duplex residential is not a logical extension of the category, and the Comprehensive Plan Goal LU-1 promotes the land use pattern that protects and enhances the quality of life in the City's residential neighborhoods. For this reason, and for these findings, the recommendation is the future land use map at this location should not be changed. Thank you. Chairman Gonzalez: All right. Who's here on PZ.19? Commissioner Spence -Jones: You're here for -- Chairman Gonzalez: Who's rep -- Commissioner Spence -Jones: -- who's here for PZ.19? Chairman Gonzalez: -- who's representing PZ.19 and 20? Commissioner Spence -Jones: Who's representing PZ.19? Unidentified Speaker: (INAUDIBLE) the applicant. Commissioner Spence -Jones: Yeah, right. You're here for the applicant? Unidentified Speaker: No. I'm here for the -- Commissioner Spence -Jones: OK. We're talking about the applicant. Chairman Gonzalez: You are the applicant? Ryan Emmer: Yes. Chairman Gonzalez: Elvis is helping you? Elvis Cruz: No. Chairman Gonzalez: Oh, you're against him, and you're connecting his -- Mr. Emmer: He's just helping plug in the computer. Commissioner Sarnoff He's being a gentleman. Vice Chairman Sanchez: Elvis -- hey. Mr. Cruz: I'm helping you. Vice Chairman Sanchez: Elvis is a nice guy, all right? City ofMiami Page 182 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Sarnoff He's being a gentleman. Vice Chairman Sanchez: He wants to get out of here quick like us, so he's doing everything he can to help you out. Chairman Gonzalez: How long is your presentation going to take? Mr. Emmer: Five minutes. Chairman Gonzalez: All right. Mr. Emmer: I'm very brief. Chairman Gonzalez: Great. Mr. Emmer: Anyways, we bought this parcel -- Priscilla A. Thompson (City Clerk): Excuse me. Your name, please. Mr. Emmer: My name's Ryan Emmer. I'm the managing member of Montura Homes, which owns the parcel -- the total -- see the -- right there, right above the star is the parcel in question, the map. Basically, we bought this parcel a year and a half ago, of which consisted of not only the parcel in question for the zoning, but the exact same size parcel of .23 square feet right below it. When purchased and now, the parcel is actually one folio, and when we bought it, as for, you know, the Miami -Dade zoning map, at least on the aerial maps, what it showed was the entire parcel -- the top, which we're going through the zoning change now, and the bottom one was zoned R-2, which was what we thought. We drew up plans for three-story townhomes. There used to be a -- like a big building on there with a bunch of squatters and everything and like a crack house, which we demo -- huh? Commissioner Spence -Jones: That was a nice building, but go head [sic]. Mr. Emmer: Well, it was so nice that the City came out multiple times to ask us to board it up, so anyways, we demolished it in anticipation of building our three-story townhomes, and when we submitted it, it went through all -- Building and everything, and finally, they came back and said, wait a second. That top portion, which according to the aerial maps, is not zoned single family - - or is not zoned duplex; it's zoned single family, and the bottom portion is still zoned duplex, as you can see, so basically, we're here to apply for a zoning change for the top portion -- it's still one folio -- to kind of make the whole folio contiguous as one whole RE-2 -- or R-2 piece. Let me give you a couple pictures so you can get a better idea of what the property looks like. Here is pretty much -- if you look on the maps right there, here's -- Commissioners, on the -- here's a view of the entire parcel, and this is looking south. This is, again, looking on the highway south. This picture is the alleyway in between that separates the two pieces of property. This is looking north. This is on the street south of the property. This is a -- the building right across the street. It's a single-family home with two-story right across the street. Here is a street shot west, and here's an apartment complex right across the street from the building on 39th Street, and here's a shot that's east on 30 -- on Northwest 2ndAvenue looking east, and right there in front -- the green building -- here's the land and a duplex, two-story townhome right here that's directly across the street from the unit. Let me pause this for a sec (second). Let me take you back to the map. Basically, we're applying for the zoning change based on two factors. Number one, we consider that the parcel is much better as one contiguous piece. I'll show you when I -- a little later in the presentation, I'll go back to that picture with the one alley. It's basically two -- it's two 10,000 square foot -- two 100 by 100 lots that are separated by one alleyway in between, and as evidenced by the pictures, what we're trying to build, on the bottom half, we were going City ofMiami Page 183 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 to build two duplex, two 2-story townhomes. On the top half, we wanted to build, instead of two single-family homes, two 2-story townhomes, you know, two units of two townhomes to kind of make the piece as one whole. As evidenced by the zoning map that should be on your screens right here, for some reason, Zoning recommended that the R-1 was properly placed. We tend to disagree. If you look all the way to the east, it's all much higher density SD-8 on the maps. If you look right to the south, it's commercial. Below that commercial is R-3. Right to the west is commercial, and right to the west of the property is more R-2, and if you look in the little box, which is basically kind of like a six -block box of the property, it's completely encompassed by R-2, SD-8, and commercial, so in my opinion, it's an improperly placed R-1 that's surrounded by everything else, in addition to the fact that the piece that's, you know, half the folio right below is also R-2. I know when Zoning took a look at it, they took a bigger, wider spectrum, and it is true that there was more R-1 surrounding everything, but if you look at a very closed, encapsulated view, which you take -- you know, what does something 20 blocks away matter if you look at, within a four- to five -block radius, it's a very small pocket of R-1 surrounded by R-2, at least from the zoning standpoint. The Zoning, I guess, Department also commented that, on 39th Street, it was mostly populated by single family, and we tend to disagree. We found that 11 percent of the parcels in the R-1 district already have duplexes; 4 percent of the parcels appear to contain multifamily units; 8 percent of the parcels appear to be vacant; and 10 percent of the parcels appear to be in visual disrepair, so only two-thirds of the parcels actually appear to be single-family units in good condition. In addition to -- let me get back to these pictures so I can show you. This is -- here's the parcel, and see that green thing right across the street, literally right across the street is a two-story single-family unit, and right across the street is -- in pretty much exactly -- Yeah? Vice Chairman Sanchez: No, no. Let me just, for the sake of time, save you some time here. There's too many disagreements already, and usually, there's one or two items in the agenda where people come in and they're not asking for a pint of blood, they're asking for a kidney. This is one of them. Mr. Emmer: Well -- Vice Chairman Sanchez: You're really -- what you're asking for here is, to be all honest -- and I'm -- I mean, this is strictly single family residence. You're basically asking -- Mr. Emmer: Right across the street, there's -- Vice Chairman Sanchez: -- to change duplexes. Mr. Emmer: -- but right across the street, there's a duplex, and right behind it, there's a duplex - Vice Chairman Sanchez: Yeah, butt mean, you know, this is a well -- Mr. Emmer: -- and on the street -- Vice Chairman Sanchez: -- maintained City neighborhood of single-family residence that -- Mr. Emmer: Have you been to the street? On 39th Street -- Commissioner Spence -Jones: I have. Mr. Emmer: On 30 -- Commissioner Spence -Jones: I'm there all the time. City ofMiami Page 184 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Emmer: Right across the street is a duplex, exactly what we're trying to build, two-story townhomes. Commissioner Spence -Jones: You said the "green thing." That's what you called it. Mr. Emmer: Yes, the green building. Commissioner Spence -Jones: The "green thing, "you said. Mr. Emmer: Thing, building, whatever. I -- I'm sorry if that -- building. I mean, it's basically two-story attached units, which is right across the street, which is exactly what we're trying to build. Three or four units to the left is a multifamily apartment building, and right to the left of that is a one-story apartment building, so the Zoning Board's assertion that it's all single family is not correct. There's three multifamily units literally right across the street from it. Vice Chairman Sanchez: All right. You're done? Commissioner Spence -Jones: OK. Vice Chairman Sanchez: Well, let's do something for -- with all due respect, I'm going to make a motion to deny this. Is there a second? Commissioner Spence -Jones: Second, but I wanted to at least let the residents say something. Chairman Gonzalez: All right. We have a motion to deny -- Mr. Emmer: Well -- Chairman Gonzalez: -- and we have a second. Mr. Emmer: -- with all due respect -- Commissioner Spence -Jones: I did want to, at least, hear from the residents, though. Mr. Emmer: -- can I have a, I guess, reasoning for it? Vice Chairman Sanchez: A reason? Mr. Emmer: Yes. Vice Chairman Sanchez: Shouldl give you a reason? I mean, look at the recommendations that are coming forth. This is a single family area, and you're basically asking for a change of duplexes, which basically is going to create a domino effect in that area, and that's a well -maintained neighborhood of single-family residence. I mean -- Mr. Emmer: Well, right behind it is a duplex -- zoned duplex, and right across the street is duplex, so how could you say it's surrounded by single family? Chairman Gonzalez: All right. I'm sorry to interrupt you, but a motion is on the floor. There is a second. Vice Chairman Sanchez: There is a second? Commissioner Spence -Jones: Yeah, there's a second. I just wanted to -- City ofMiami Page 185 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Why don't we skip that? Chairman Gonzalez: You want -- Vice Chairman Sanchez: There's no public hearing. It's going to be denied. Chairman Gonzalez: But why are we going to open a public hearing if it's going to be denied? Or unless the neighborhood is in favor of the application and they want to change the vote. Commissioner Spence -Jones: Neighbors, are you in favor -- Maria J. Chiaro (Assistant City Attorney): You -- Commissioner Spence -Jones: -- of this application? Ms. Chiaro: Mr. Chairman. Vice Chairman Sanchez: They can't be in favor. You -- is the neighborhood in favor of this? Because I'd be shocked. Ulysee Kemp: No, the neighborhood is not in favor of it. Chairman Gonzalez: All right, so -- Vice Chairman Sanchez: That's it. Commissioner Sarnoff Just let us vote. Ms. Chiaro: I would ask, Mr. Chairman, that you open the public hearing. Chairman Gonzalez: So just let us vote. Commissioner Spence -Jones: OK. Mr. Chairman -- Chairman Gonzalez: All right. Everyone in favor, say "aye." Commissioner Spence -Jones: She -- Chairman Gonzalez: Are you voting --? Commissioner Spence -Jones: Yes, I'm saying "aye," but the City Attorney [sic] was saying something to you. Ms. Chiaro: I'm saying that in order to preserve the record, you should open the public hearing and take comments. You don't -- Mr. Emmer: I mean, with all due respect -- Ms. Chiaro: -- need to read the ordinance -- Mr. Emmer: -- if you're going to deny it, I wouldn't want to -- Ms. Chiaro: -- to deny. Mr. Emmer: -- waste another hour of your time or my time. City ofMiami Page 186 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Chiaro: You don't need to read the ordinance to deny, but you do need to open a public hearing. Vice Chairman Sanchez: All right. Open up the public hearing. Chairman Gonzalez: All right. Public hearing is open; two minutes per speaker. Mr. Emmer: Well, to be honest with you -- Chairman Gonzalez: I mean, they're going -- Mr. Emmer: -- if you're go -- if you guys are all -- Chairman Gonzalez: -- to be speaking -- Mr. Emmer: -- going to vote to deny, then -- Chairman Gonzalez: -- in opposition -- Mr. Emmer: -- I can -- you know, you can just deny it. Chairman Gonzalez: -- and the item has been denied. Ms. Chiaro: You can have them put that -- Vice Chairman Sanchez: I mean -- Ms. Chiaro: -- on the record in opposition. You're -- you haven't heardfrom them yet. Chairman Gonzalez: I haven't heardfrom whom? Ms. Chiaro: You haven't heardfrom the neighbors. If they are speaking in -- Chairman Gonzalez: All right. Ms. Chiaro: -- opposition, they can state that -- Chairman Gonzalez: OK, OK. Ms. Chiaro: -- on the record. Chairman Gonzalez: Let's not waste any time. Yes, sir. Good evening. Mr. Kemp: Good evening, Commissioners. My name is Ulysee Kemp. I'm a resident 73 and 76 Northwest 39th Street; lived over there over 40 years. It's a very -- Commissioner Spence -Jones: Yeah. Mr. Kemp: -- tight neighborhood, single-family neighborhood, and the way that this gentleman depicted it, I'm quite sure he's not from anywhere in the area. The pictures that he was showing, the nice apartment building is in a complex of a church that's located Northwest 2ndAvenue and 39th Street, and it comes down two spaces from that corner. He said it was directly across the street from the -- City ofMiami Page 187 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Emmer: No, no. Mr. Kemp: -- building. Mr. Emmer: The duplex, the green duplexes. Mr. Kemp: Excuse me, please. You had your turn -- Mr. Emmer: But you're misquoting me. Mr. Kemp: -- I would -- no. You misquoted the -- Mr. Emmer: No, no. I did not say that the apartment building was; I said that the green -- Chairman Gonzalez: All right, all right. Mr. Emmer: -- duplex was. Chairman Gonzalez: All right, all right, all right. I'm not going to have a debate. Mr. Kemp: No. That's why I stopped. Chairman Gonzalez: The -- you had your opportunity to do your presentation. The gentleman has his opportunity to speak on the record whatever he believes, so you know, if you want to rebuttal, then after they're finished I'll give you an opportunity to rebuttal. Yes, sir. I'm sorry. Continue. Mr. Kemp: Thank you, Commissioner. What the gentleman stated was that when he was showing his slides, that that apartment building was directly across the street from his property, and he proceeded to say that the green thing was also across the street when he got to that slide. What I gave the Commissioners just now are pictures of this dilapidated property, which he purchased and has not done anything to it, andl would ask that Zoning actually force him to clean up the dumping site that this has become since he's purchased this property. Mr. Emmer: It's their neighbors that are dumping. Commissioner Spence -Jones: Who --? Mr. Emmer: I'm not dumping. Mr. Kemp: Commissioner -- Chairman Gonzalez: Sorry. Mr. Kemp: -- can I have the meeting without an interruption? Chairman Gonzalez: Please. Commissioner Spence -Jones: OK. I think -- if we can just get past -- I think we already have a vote on the item, but if the neighbors -- do you just --? I mean, at this point -- do you have any more comments? Chairman Gonzalez: Yeah. Commissioner Spence -Jones: Yeah. City ofMiami Page 188 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: You are in opposition of the item? Commissioner Spence -Jones: You're all -- Mr. Kemp: We're all in -- Commissioner Spence -Jones: -- opposed to -- Mr. Kemp: -- opposition -- Chairman Gonzalez: OK. Mr. Kemp: -- of the item -- Commissioner Spence -Jones: OK. Chairman Gonzalez: We -- you are -- Mr. Kemp: -- and we -- Chairman Gonzalez: -- on the record in opposition. Mr. Kemp: Yes, and we don't -- Chairman Gonzalez: OK. Thank you, sir. Mr. Kemp: -- want to waste any other time. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: All right. Mr. Kemp: That's where we stand. Chairman Gonzalez: Thank you very much. Nina. Nina West: Nina West. Today, I'm representing Buena Vista Historic Neighborhood Association to support our neighbors in Buena Vista Heights. This is a single-family residential neighborhood, and we ask you to preserve the zoning. Thank you. Commissioner Spence -Jones: Thank you, Nina. Chairman Gonzalez: Thank you very much. Commissioner Spence -Jones: Thank you, Judy. Chairman Gonzalez: Judy. Judith Sandoval: Judy Sand -- you're welcome, Michelle -- 2536 Southwest 25th Terrace. I'm going to surprise you all. Chairman Gonzalez: You're going to be in favor. Ms. Sandoval: All I want to say is that now that I know it's a single-family neighborhood, it kind City ofMiami Page 189 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 of changes thing, but there's some dispute. However, I wish to point out that Mr. Sanchez, and Mr. Gonzalez, andl don't know about the other two, that you were just about to deny this man his rezoning based on the same argument that you voted yes on several times this evening. Vice Chairman Sanchez: Different issues, big-time different issues. All these projects are independent, big difference. This is not -- Ms. Sandoval: I know -- Chairman Gonzalez: But -- Ms. Sandoval: -- but I'm just talking about principle. Chairman Gonzalez: -- let's go to the bottom of it. Commissioner Spence -Jones: Thank you, Judy. Mr. Emmer: Thank you. Ms. Sandoval: OK. Chairman Gonzalez: Are you in support -- Vice Chairman Sanchez: Thank you. Chairman Gonzalez: -- of the zoning change or in opposition? Vice Chairman Sanchez: Are you supporting the zoning change? Ms. Sandoval: It's up to you. Vice Chairman Sanchez: No, no, it's not up to me. Chairman Gonzalez: No, no, no, no, no, no, no, no, no. Ms. Sandoval: Yes, it is. Chairman Gonzalez: You came to the mike. Ms. Sandoval: I just wanted -- Chairman Gonzalez: Now you tell us what your -- Ms. Sandoval: -- to make that -- Chairman Gonzalez: -- position is. Ms. Sandoval: -- comment. Vice Chairman Sanchez: You called me pro -development, andl think this -- I mean, this is like - - compared to this, I mean -- Ms. Sandoval: Oh -- Mr. Emmer: How is two extra units -- City ofMiami Page 190 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Sandoval: -- it's -- Mr. Emmer: -- from the skyscrapers that your Commission's ruined the City with --? Vice Chairman Sanchez: Oh, ruined? Commissioner Spence -Jones: Boohoo. Mr. Emmer: Yes. Commissioner Spence -Jones: Wow. Mr. Emmer: If I'm already going to get my denial, I will -- Commissioner Spence -Jones: I call the -- Mr. Emmer: -- tell the truth. Commissioner Spence -Jones: -- question -- move to call the question. Chairman Gonzalez: All right. We need to move on. Vice Chairman Sanchez: Just be glad I'm not the Chair. Chairman Gonzalez: We need to move on. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. I'm going to take ten seconds to thank you for your zeal in protecting an R-1 neighborhood today on this item. Thank you very much. Commissioner Spence -Jones: Thank you, Elvis. Mr. Cruz: Please do it often. Thank you. Commissioner Spence -Jones: Thank you -- Chairman Gonzalez: Thank you. Commissioner Spence -Jones: -- Elvis. OK. Mr. Chairman -- Chairman Gonzalez: Wow. Commissioner Spence -Jones: -- are we done? Chairman Gonzalez: I hope you're happy. Luis Herrera: No. Let me explain to you something. My name is Luis Herrera, Vizcaya Homeowner Association president, and few minutes ago, when we discussed this thing, we tried to protect our neighborhood, R-1, and then you voted the wrong way. Thank you. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Thank you, sir. Chairman Gonzalez: Thank you. Anyone else? All right. Close the -- City ofMiami Page 191 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Emmer: Yes. I say something for the record. Chairman Gonzalez: Just a second, sir. Mr. Emmer: I think there is -- Chairman Gonzalez: Sir, just a second. Would you let me -- would you allow me to finish? Mr. Emmer: Sure. Chairman Gonzalez: Thank you very much. Public hearing is closed. Now you have time to rebuttal their allegations. Mr. Emmer: There's no point in rebutting. I mean, from the pictures I showed you, the street on 39th Street has three multifamily right there, and your Commission chooses to ignore it. There's duplexes all over; there's duplexes right behind. There's four townhome units that are going to be built right behind, andl wanted to, instead of put two single-family homes there, make the one property one contiguous unit of eight townhomes, which, if you look at the pictures, it makes sense, but it seems like you kind of made your decision beforehand and are ignoring the apparent duplex townhomes that are literally right across the street from my property and telling me that it's an R-1 district and it's only single-family homes when there's pictures of apartments and a duplex literally right across the street, so if your Commission's going to choose to ignore that, I don't know what to say. I've seen your previous rulings today, and if you rule to deny this one, it's completely inconsistent with what you ruled before, so you know, if you want to be inconsistent and you want to ignore what's right across the street, and what's right behind, and what's right next to it, it's your prerogative. Commissioner Sarnoff Well, one -- Commissioner Spence -Jones: Thank you, sir. Commissioner Sarnoff -- of us will be consistent, so not all of us. Chairman Gonzalez: Thank you very much. All right. Close the public hearing; bring it back to the Commission. Is there a motion? Vice Chairman Sanchez: Yeah. Commissioner Spence -Jones: It's a motion. Vice Chairman Sanchez: There's already a motion on the table to deny. Chairman Gonzalez: Yeah, but repeat the motion because -- Vice Chairman Sanchez: Motion to deny. Chairman Gonzalez: -- the attorney wants to do things -- Commissioner Sarnoff Second. Chairman Gonzalez: We have a motion to deny. Is there a second? Commissioner Spence -Jones: Second. City ofMiami Page 192 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Sarnoff Sec -- Vice Chairman Sanchez: The second was made by -- Chairman Gonzalez: There is a second. Vice Chairman Sanchez: -- Spence -Jones. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PZ.20 07-00051zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 16, 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-2" TWO-FAMILY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3814 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00051zc Analysis.pdf 07-00051zc Zoning Map.pdf 07-00051zc Aerial Map.pdf 07-00051zc Application & Supporting Docs.pdf 07-00051zc ZB 03-12-07 Fact Sheet.pdf 07-00051zc ZB Reso.PDF 07-00051zc CC Legislation.pdf 07-000511u & 07-00051zc Exhibit A.pdf 07-00051zc CC FR Fact Sheet.pdf LOCATION: Approximately 3814 NW 1st Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Ryan Emmer, Managing Member, on behalf of Montura Homes, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on March 12, 2007 by a vote of 9-0. See companion File ID 07-000511u. PURPOSE: This will change the above property to R-2 Two -Family Residential. Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado City ofMiami Page 193 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Chairman Gonzalez: That -- let's vote on PZ. 20 now. Is there a motion on PZ. 20? Vice Chairman Sanchez: It's a companion. Priscilla A. Thompson (City Clerk): Right. Vice Chairman Sanchez: Move to deny. Commissioner Sarnoff Second. Vice Chairman Sanchez: Oh, we don't need -- Chairman Gonzalez: OK. We have a -- Vice Chairman Sanchez: -- do we need to vote on it? Chairman Gonzalez: -- motion, and we have -- Vice Chairman Sanchez: It dies automatically. Chairman Gonzalez: We have a motion -- Ms. Thompson: Right. Chairman Gonzalez: -- and we have a second -- Vice Chairman Sanchez: And it dies automatically, Mr. Chair. Chairman Gonzalez: -- on PZ. 20. All in favor, say "aye." Commissioner Sarnoff You don't need to. The Commission (Collectively): Aye. Chairman Gonzalez: OK. PZ.21 05-00076x RESOLUTION "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." 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 194 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 05-00076x ZB Analysis.pdf 05-00076x Zoning Map.pdf 05-00076x Aerial 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 05-00076x submittal allocation agmt..pdf 05-00076x submittal letter.pdf 05-00076x submittal letter & photo.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. Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado R-07-0248 Chairman Gonzalez: All right. What item do we go to now, Madam Clerk? Let's try to get this going along. Commissioner Sarnoff We got to get to PZ.24. Priscilla A. Thompson (City Clerk): PZ.21. Commissioner Spence -Jones: PZ.21. City ofMiami Page 195 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: All right. PZ.21. I'll tell you what. Listen, once again, you know, if we're here at 11 or 12 o'clock at night, I think we're doing a tremendous injustice to you, and it's -- we got to work out a way -- we control this agenda. The Chair controls this agenda, all right, so we need to work out a way where we don't have people here at 11 o'clock at night that have been here all day, tired, and especially us. I mean, we've had very, very controversial items today that we've had to review a lot of documents and make some tough decisions, and then we're faced with this burden that people are upset because they've been here all day waiting for their item, so having said that, let's go ahead now and -- what is the will of the Commission? Do you want to take up PZ.24? Commissioner Spence -Jones: No, no. Can we please do PZ. 21 because -- Commissioner Sarnoff We can't defer 24. Commissioner Spence -Jones: -- that's what I -- Vice Chairman Sanchez: All right. Commissioner Spence -Jones: -- been waiting on. Vice Chairman Sanchez: All right. PZ.21. PZ.21 is an appeal, correct? Tony Recio: It's an appeal, yes, sir. Vice Chairman Sanchez: All right. Who is the appellant? Mr. Recio: Pinnacle Housing. Vice Chairman Sanchez: And where -- and you're there? Mr. Recio: Yes. Vice Chairman Sanchez: OK. Mr. Recio: I'm their attorney. Vice Chairman Sanchez: All right. It's an appeal. Madam Attorney, the appellant goes first, and then he doesn't have any rebuttal. Maria J. Chiaro (Assistant City Attorney): That's correct. The appellant presents the case, and then there's any response. Vice Chairman Sanchez: All right. Let's go. Mr. Recio: Good evening, Mr. Chair. Vice Chairman Sanchez: Yes, sir. You're recognized on this appeal. Mr. Recio: For the record, my name is Tony Recio, law offices at 2525 Ponce [sic] Boulevard. I'm here representing Pinnacle Housing Group subsidiary Pinnacle Place, Ltd, here with Mitchell Friedman and Lauren Levrant of Pinnacle Housing Group. We appreciate you addressing this appeal tonight. We're before you seeking reversal of the Zoning Board decision denying a special exception to permit a parking reduction of 28.3 percent for a 137-unit affordable housing development. We know how important affordable housing is to the City and City ofMiami Page 196 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 to this Commission. That's why we're proud to bring you a funded development. It's already qualified for over $24 million in state tax credit financing. I want to submit the carryover agreement for the record, and Lauren's going to hand them to you, as well. Vice Chairman Sanchez: Hey, listen, how much are you asking for a waiver of parking? Mr. Recio: Twenty-eight point three percent. Commissioner Sarnoff Seventy-one reduction. Vice Chairman Sanchez: That's another one of those you're not asking for a pint of blood; you're asking for a kidney. Mr. Recio: With all due respect, Mr. Chair, the -- it's actually considerably more than other parking reductions that have been approved for other affordable housing developments. Vice Chairman Sanchez: All right. Go ahead with your appeal. Mr. Recio: Yes, sir. This -- as the carryover agreement shows on -- in Tab A that we've tabbed for you, all 137 units are committed to affordable housing for a minimum period of 50 years. Assuming a three person household, at least 20 of the units will be aimed at families making less than $18, 000 per year. The remainder of the units will be aimed at a three person household making less than $32, 000 per year. This is not just any affordable housing development. If you look on Tab B, Tab B has a summary of the types of residential amenities that are typically found in market rate developments. Just briefly, it's got a secured building and parking garage, exercise room, playground for the kids, community room, library, business center, not to mention other design enhancements that Planning has asked us to incorporate; balconies on all three facades, an interior courtyard. We've got double the amount of open space. We've got a generous setback to our neighbors to the west of about 30 feet, where the Code only requires 5 fee, and this property's located on Northeast 4th Avenue, between 56 and 57 Street, just west of the popular Soyka [sic] Restaurant and the FEC (Florida East Coast) corridor. At the request of Commissioner Spence -Jones, we held a community meeting back in March set up by Little Haiti NET (Neighborhood Enhancement Team); Ms. Rasha Cameau helped us out with that, and then we contacted our neighbors to -- our commercial neighbors to the north and to the south of us to discuss the potential of a lease for overflow parking. Unfortunately, we were not able to come to any agreement. In fact, there was very little response. I submitted a letter into the record that should be part of your packets, probably near the end, that explains that process and the lack of response that we got. The F -- we also contacted FEC. FEC was not interested in doing anything. Our numbers that I'm about to show you will establish that our overflow parking is already built into this development. We're asking for this 28.3 percent reduction. The Code allows a reduction of up to 50 percent. This is -- I'll walk you through it. This is our application; 180 spaces where 251 are required by the Code. We could have traveled -- we could have asked for as much as a 50 percent reduction that would have enabled us to do 126 spaces. We could have proceeded under a -- the neighborhood development zone parking reduction section of the Code, which would have lowered our requirement to considerably less. We're actually in a neighborhood development zone. Those are areas where development is encouraged to revitalize an area. We did not have to commit to affordable housing to seek that. We were doing affordable housing anyway, so we sought, under 917.6, and we did far less than the 50 percent we're permitted to ask for. If you look at the current draft ofMiami 21, we would only be required 151 spaces for this development. We are providing 180, far more than what is even required as of right, without having to go to any public hearing under the current draft. We would be entitled, under Miami 21, to actually reduce this 151 number to seek it from -- at a public hearing. We're providing, as I said, far more. Wanted to bring to your attention some other developments in the City ofMiami that are also affordable housing developments, andl want to show you how our numbers are in line with -- actually, are far better than these City ofMiami Page 197 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 numbers. If you look at Tuscan Place, Santa Clara, Lafayette Square, these developments, parking reductions were authorized in these developments. Parking reductions of 43 percent, 47 percent, 43 percent; far more than the 28 percent that we're seeking. Commissioner Sarnoff Well, two of those are right in the CBD (Central Business District). Commissioner Spence -Jones: Huh? What'd you say? Commissioner Sarnoff Two of those are in the CBD. They're right -- the central business core, and they're right by -- they're right in -- or, arguably, right by mass transit, so I mean, just to show us how you set up -- actually, I think it actually begs to der with you. Mr. Recio: IfI may, Commissioner. We also have a development that just opened, Los Suenos. It's on the corner of 5th and 36 Street. You can see it from 1-95. It's the one with the beautiful Britto sculpture. That development has -- of the 179 units, there are 145 that are presently occupied or reserved. Out of those 145 units, there's only 135 cars registered; that's as of 3: 30 p.m. today. That's 135. That's .93 cars per unit. That's in line with all of these developments; .94, .99. This development, Lafayette Square, hasn't been built yet, but it was -- it is seeking a 1.1 cars per -- or 1.1 spaces per unit. These numbers here, which is Pinnacle Place, is far greater than any of those numbers. This is at 1.31. Going back to this Los Suenos, as I said, it's 145 units that are presently occupied or reserved out of the 179. That leaves 34 units. Even if each of those has two cars, you're still far less than this 1.31. You're somewhere on the order of 1.12. That's nowhere close to this 1.31. We're providing far more parking. In addition, on Pinnacle's dime, these roads are being resurfaced, and the right-of-way is being improved. There's 15 additional spaces along the edges of these roads that are being put in -- that are being -- Vice Chairman Sanchez: Fifteen in total or fifteen each block? Mr. Recio: No, fifteen in total. I believe it's five, six, and four. Commissioner Spence -Jones: What, new --? Vice Chairman Sanchez: Parking. Mr. Recio: New on -street parking that Pinnacle is incorporating into the sidewalk in conjunction with Public Works. There is one other thing want to call to your attention. In more affluent areas of the City, you would expect people to have more cars per household, and yet, the City's Code requires far less parking, as of right, without having to go to any public hearing, in those areas than it's requiring for this. This same development, if it were on Brickell, would only be required to have 151. They wouldn't have to go before you. That would be as of right. This same development, if it were on Edgewater -- or up in Edgewater, would only be required 161. Again, not having to go before you and seek any kind of special approval, that would be as of right they could build this development. We're providing 180 spaces, far more than those, and that's in more affluent areas, where you would expect households to have more cars. Again, the numbers don't lie. The numbers show that we're providing far more than other development -- other similar type of developments, and even their needs, we're providing far more to accommodate those needs. I can go through the criteria real briefly. The criteria for 917.6 is a nature and type of prospective occupancy you've already heard. It's low-income -- you're talking about 20 units that are catering to households making less than $18, 000 a year. You're talking about the remainder of the units of households making less than $32, 000 a year. At those income levels, these households don't have the means to have additional cars, and that's why the numbers bear out this way. That's why the parking counts bear out this way. That's why other Pinnacle developments have worked out this way. Now, Pinnacle's not asking for the maximum. Other developments, as you saw, asked for that maximum. They -- or close to it; 42 City ofMiami Page 198 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 percent, 47 percent, 42 percent. Pinnacle doesn't want to do that, and they didn't want to start asking for that and negotiate down. They figured they would do exactly what they felt that they could support, and even at 1.31, it's more than the numbers show. I'd like to ask Mitch Friedman to come up for just a moment. I want him to discuss some of the other economic circumstances involved. Mitchell Friedman: Thank you, Tony. Good evening, Commissioners, Mr. Chairman. As you know, Pinnacle Housing Group has been a major supporter, a major developer of affordable housing in this community. Just for the record, we've developed in -- right now have in operation over 1,700 units in Miami -Dade County and the City ofMiami. In addition to that, we have over 550 units that are currently under development and will soon be under construction. I ask any one of you to go to any of our developments to see if we ever have a parking problem. The answer is unconditionally and categorically no. We would never do something that was going to harm the neighborhood and also harm our own financial development, and when I say financial development, I know that a lot of people say well, why can't we go ahead and do a compromise by adding floors or by changing the mix. The reason we can't do that is that we've already had this development underwritten at a certain level. It was underwritten by the State of Florida, which is the reason why we've gone ahead and won the federal tax credits. We've gone ahead, and based upon that, we've pursued and started permitting plans. We're approximately five weeks away from getting a building permit from the City ofMiami and hope to be under construction by the first week in July, so we're ready to go. We're ready to go with the type of development that I think that all of you know that Pinnacle does, that we all can be quite proud of and the last thing that we're going to do is create a parking problem, and as Tony illuminated -- andl have to say it again -- our current development that just opened up, which is exactly like this development, Los Suenos, we're not even averaging one car per unit, and we're not here saying we want one for one, as the Code says. We're coming to you asking for a much less aggressive number, a number that we think we can support, and why that number is important is, ten years ago, when we started in the business, we were building parking spaces for about $7, 000 a space. Today, in today's construction market, cost is about $17, 000 to build. We do not have the financial flexibility to be able to build more parking spaces than we actually need, and these are spaces that we do not need to have, and yet, our project, our development will still be very beautiful and will fit in with the entire neighborhood. I hope that you are able to consider our request favorably and support our request for reduction. Thank you. Ms. Thompson: Excuse me. We do need a name for the record, please. Mr. Friedman: Mitchell Friedman, Pinnacle Housing Group, 9400 South Dadeland Boulevard. Ms. Thompson: Thank you. Vice Chairman Sanchez: Counsel, anyone else? No? OK. Is there anyone from the public wishing to address this item? Please step forward and be recognized. Sir, please step up and state your name and address for the record. Also, were you sworn in? Miguel Simisterra: No, sir. Vice Chairman Sanchez: All right. Let's do something. Those that have walked -- that just walked in that are going to be testifying on any of the remaining items, please stand up and raise your right hand and be sworn in by the City Clerk. Ms. Thompson: Chair, we have individuals outside as well that have signed up for the next item. Vice Chairman Sanchez: Well, you know what? We'll do it now and then, once we get to that item, we'll swear them in. City ofMiami Page 199 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Thompson: I need you to please raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Mr. Simisterra: Good evening, Commissioners and everybody in here. My name is Miguel Simisterra. I live at 344 Northeast 56 Street I'm representing the group of neighbors on 57 Street and 56 Street, which I have the petition signed. I would like you, the Commissioners, to have a copy of this. Commissioner Gonzalez, Commissioner Spence -Jones has copy, and Teresita Fernandez also has copy of this, of the petition. We, the neighbors, we're not lawyers or whatever, but only we are interested in our property and safety of our neighborhoods. We are neighbors that live there for 36 years, fighting through all this time crime and trying to make better our neigh -- our houses. Actually, I've been living there for the next -- the last seven years, which I been working hard to try to keep my house in good shape and make it better for my kids and my family, and also for the City. Suddenly, I hear the attorney saying that in some other building they have, they don't require many parking spot, but believe, ifllive right there by the Metrorail, I don't need to spend money in car because the Metrorail take me everywhere; I can join with the buses and move fast. This one -- the one thing -- the other thing is we're certainly opposed. I want to go to the point, and we opposed that they get the reduction because they cannot guarantee that the neigh -- the people that's going to live there are not going to park in front of my house, or her house, and everybody in there that has no more -- not only one car. We are poor, and the poor people is the more cars. It's not -- the rich people don't have many cars, but the poor people buy one junk, another junk, and they have cars, and we got to avoid that problem. Now, ifllive -- ifI make $18,000 andl got to live in a affordable house, when got to -- instead of pay 6 -- $800I pay now, I got to pay $400. I going to have enough money in my pocket to buy me a brand-new car, so the guy who rent me the apartment is not -- I can't guarantee from you (UNINTELLIGIBLE) one or two more cars, or one car for every person in my family, so that's all ask -- Vice Chairman Sanchez: Thank you. Mr. Simisterra: -- you Commissioners is protect the neighborhood. Give us the space. We don't want to fight with nobody. Nobody (UNINTELLIGIBLE) -- Vice Chairman Sanchez: Thank you. Mr. Simisterra: -- or nothing. Vice Chairman Sanchez: Thank you, sir. Mr. Simisterra: Our street -- excuse me. The streets are very narrow. Let me -- I got some pictures. Vice Chairman Sanchez: All right. Could you --? Mr. Simisterra: People have cars. The street are very narrow. If you park two cars -- Vice Chairman Sanchez: All right. Mr. Simisterra: -- a school bus cannot go through. Vice Chairman Sanchez: OK. Your time is (UNINTELLIGIBLE), but do me a favor. Hand that picture to the City Clerk, and she'll make sure that we see it, and then we'll go ahead with the City ofMiami Page 200 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 next speaker. Please step up, state your name and address for the record. If we need a translator, we do have one here available for you. (Comments in Spanish not translated). Julia Melia (as translated by official Spanish interpreter, Rene Ramos): Julia Melia, 345 Northeast -- Vice Chairman Sanchez: (Comments in Spanish not translated.) Ms. Melia (as translated by official Spanish interpreter, Rene Ramos): -- 56 Street. I've been living at this place for more than 30 years. It's a very narrow street and two-way street. When my neighbor's going out with his car, I have to stop and wait for him to leave so that I can go. We are a house away from the building that is planned. They want us to give them parking. That cannot be. We have neighbors that come back late from work in the working industry. When they get home late, they're going to find their parking spaces are going to be occupied. Kids that are studying come back around 11 o'clock from colleges, and the parking is full, it's occupied. It's perfect if the building is going to be for the better, but not to mess up our routine, our daily routine. Please. Vice Chairman Sanchez: Gracias. Ms. Melia: Thank you. Vice Chairman Sanchez: Thank you. OK. Next speaker, state your name and address for the record. Eileen Botari: Eileen Botari, 505 Northeast 76 Street. I'm speaking for Marline; she was unable to come tonight. She organized the petition. Her mother is very ill in the hospital. She asked me to come and speak for her. Today this project is being built in Commissioner Spence -Jones' district. There's a bright spotlight on affordable housing, so next year, there's probably going to be a project in your district, andl think that what the City needs to do is set a standard that if these projects are going to be built, you know, we have a high standard. They have to be built with the correct parking, security lighting, landscaping, whatever it is to make the project complete. When we start giving variances and less parking spaces, it's only a negative impact to the neighborhood. Nobody wants to live next to a project that doesn't have enough parking. All it does is create a negative impact to the neighborhood, and then -- and it's also a safety issue because that's all a warehouse district, andl certainly wouldn't want to have to park my car two or three blocks away ifI was living there, so this is a major developer. Obviously, they've gotten a lot of money to do this project. There's absolutely no reason why it can't be done, and he was quoting other projects where they've asked for variances. I think what's -- what he's saying here is there's a history of the City giving all of these allowances, and maybe it's time to stop. Thank you. Vice Chairman Sanchez: Thank you. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Commissioners, there's been some inconsistent testimony given by the applicant in the history of this project. On January 10, 2005, when this project appeared for a special exception in front of the Zoning Board, their attorney, Mr. Gilberto Pastoriza, said that this was going to be a market rate development; that has since changed. The neighborhood is already going to suffer a 120-foot tall building. They're going to lose their sunrise, their easterly breezes, and they're going to suffer extra traffic. Please don't make this neighborhood also suffer a parking overflow. Even low-income families can afford cars these days. The comparisons that were given to the Brickell and Edgewater parking requirements only prove that you need to increase the parking requirements in those areas. Commissioner Sanchez, you're right. Don't give away the kidney. Commissioner Spence -Jones, please protect this neighborhood. There's many fine people in this neighborhood. You've only City ofMiami Page 201 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 seen two of them. There's a lot more that wanted to come here; they had to work, and many of them, quite frankly, are intimidated to come to City Hall for various reasons; language barrier being only one. I ask you to protect even a low-income neighborhood. Thank you. Vice Chairman Sanchez: Thank you. Anyone else before we close the public hearing? All right. We'll be closing the public hearing, coming back -- no. There is no rebuttal on this. Mr. Recio: Brief rebuttal. Vice Chairman Sanchez: There is no rebuttal, so we're basically done. Mr. Fernandez: Well, as the appellant, and he's -- Vice Chairman Sanchez: He is the appellant. Mr. Fernandez: Right. He has a final word that he can say. Mr. Recio: Yeah. Vice Chairman Sanchez: Counsel, you're recognized for the record. Mr. Recio: Sure. Vice Chairman Sanchez: How much time are you going to need? Mr. Recio: Three minutes. Vice Chairman Sanchez: Three minutes, you got. Mr. Recio: Very briefly. Part of the way these developments get funded at the State, it's a competitive basis, and it's based on criteria. One of the big criterias [sic] is the proximity to grocery stores, public schools, and mass transit. This development got points, additional points - - that's how it got funded -- by being less than .2 miles from stops for mass transit in every direction. This -- the proximity to the grocery stores and public schools were all within a half mile to two miles away. You heard some discussion about overflow parking burdening the neighborhood. What -- the point that we are trying to make tonight is that that is not going to happen. These other developments -- these are the developments -- indeed, some of Pinnacle's own developments reflect that fact that the actual cars that end up getting parked in the garages are far less than the requirements. Take Pinnacle View, which was the first high-rise that Pinnacle developed in the City, it -- there was a 352-space parking garage. Only 190 spaces are used, even at the maximum time. You're talking about two or three levels of empty garages. That's 1.02 spaces or actually, spaces occupied per unit. We're providing 1.31. We're trying to - - we don't even think that this -- all this parking is going to be used, but we -- Commissioner Sarnoff In Pinnacle View -- Mr. Recio: Yes. Commissioner Sarnoff -- how many two -bedroom units do you have, and how many three -bedroom units do you have? Mr. Friedman: Commissioner, I don't know the exact number, but they're all two and threes; there's no one -bedrooms. Commissioner Sarnoff And this one contains 37 one -bedrooms, 80 two -bedrooms, and 20 City ofMiami Page 202 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 three -bedrooms, correct? Mr. Friedman: Yes. Commissioner Sarnoff OK. Mr. Recio: The last thing want to explain is, in the unlikely event that there is a parking problem in the neighborhood, there's teeth in this ordinance granting this special exception. There's teeth in this ordinance where the Zoning Board may later require that one half of land area, or actually, in this case, it would be added to the parking garage. We have a structural certification that we -- that is part of your record, but can resubmit it for the record that says the garage is being built to withstand two additional levels, which would get us to the parking requirement of 251 under the current Code. If that's indeed the case -- if there is -- if there ends up being a parking problem, we have to address it, and the City can force us to address it. Our special exception would be invalid. We would have to address that, so the teeth are already in the ordinance; they exist. Please help us bring this development within a feasible cost. Vice Chairman Sanchez: All right. Thank you. Does that conclude your presentation -- Mr. Recio: Yes, sir. Vice Chairman Sanchez: -- counsel? All right. Mr. Recio: Thank you. Vice Chairman Sanchez: Public hearing was closed, and it's a resolution; it comes back to the Commission. Commissioner Spence -Jones, you're recognized for the item. Commissioner Spence -Jones: Yes. Definitely, Elvis -- Elvis -- where's Elvis? It actually predates January, actually. January was really the second time that it actually came in front of us. The first time -- Mr. Cruz: (INAUDIBLE). Commissioner Spence -Jones: Right, right. The biggest issue and concern I have is the fact that this is one of those projects that has already been funded. If this was a project that was coming in front of us that had not received the tax credits already, it would be a easy decision. The reality is we all know that do have a housing shortage in my district. I have a serious one in Little Haiti, so you know, when I'm thinking about a project like this, those are the things that actually come to my mind. I know that people need a place to live, and these units are affordable units, real affordable units that most of the residents can afford to live in. However, I've -- this week, like I did all the other zoning items, I rode in the neighborhood, rode down those small streets, and the residents are absolutely correct. They're very tiny, small streets, you know. You do have to wait sometimes for another car to pass, and it will have -- I think it would have an effect on them one way or the other. You mentioned something earlier about Tuscan Place and a few others, and I can tell you the Tuscan Place one, as a matter of fact, that particular garage that they built, people do park on the outside of that venue -- outside of that building, not necessarily in the garage, so there is somewhat an overflow on the streets, but it doesn't really matter because it's a warehouse district, OK. Very similar to this area. It is also a warehouse district that abuts it, or at least, is on the side of it. In order for this project, to me, to make more sense, I would definitely -- andl don't know if this is something that is possible, but to me, if -- and I might need to ask the Planning Department -- I don't know if there's anybody from Planning, andl don't know if this is something that can be adjusted -- if there -- the one -bedroom units or the units themselves, maybe the two -bedroom units, can be identified as for seniors, which we know, for a fact, seniors tend to dress -- drive less than the others, which City ofMiami Page 203 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 means we won't have, you know, a serious issue with parking -from that perspective. Many of my senior buildings in my district, most of the people don't drive, so I mean, if there's some sort of consideration on those units just being targeted strictly for seniors and no one else, then that would, at least -- and correct me if I'm wrong, Ana. Is there a different requirement for buildings that have -- that are identified for seniors? Ana Gelabert-Sanchez (Director, Planning): There's nothing in the Code that makes that distinction. Commissioner Spence -Jones: OK, and I'm asking Orlando -- because I know that, in our discussion, I asked you about that and you mentioned or someone mentioned that, you know, with senior living, the parking requirement sometimes is not -- Orlando Toledo: Orlando Toledo, senior director of Building Planning and Zoning. There is a portion there that talks about, I believe, ten percent, ifI remember correctly. Mr. Recio: IfI may elaborate. Commissioner Spence -Jones: Sure. Mr. Recio: I believe the -- is that the elderly parking -- Mr. Toledo: Right. Commissioner Spence -Jones: Yes. Mr. Recio: -- reduction? It's actually one space for every two units -- Mr. Toledo: Right. Mr. Recio: -- pursuant to a Class II Special Permit. Commissioner Spence -Jones: OK. Mr. Recio: It's 917.5 -- Mr. Toledo: Right, right -- Mr. Recio: -- if I'm not mistaken. Mr. Toledo: -- so there is something there that does allow you to reduce it. Now the only way, I guess, to do it is for you guys to proffer some type of a covenant stating that a number of people are going to be elderly. Mr. Recio: The -- Commissioner Spence -Jones: I mean, I'm just telling you what I would consider on this issue. If it's for seniors, then I know that there's less people driving, and to me, that reduces the amount of people that are going to be affecting the individuals that live in the neighborhood. That's just only one, and then my -- you mentioned earlier that there's 41 -- you're lacking 71 units, correct? Mr. Recio: Seventy-one spaces. Commissioner Spence -Jones: Seventy-one spaces, correct? City ofMiami Page 204 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Recio: That's right. Commissioner Spence -Jones: You're picking up 15 off the streets, right? Mr. Recio: Yes, that's correct. Commissioner Spence -Jones: So that would take --15 from your 71 would give you what? Mr. Recio: Would be down at 56. Commissioner Spence -Jones: Fifty-six. Mr. Recio: Fifty-six. Commissioner Spence -Jones: OK, and the possibility of you adding one more -- what do you call it? Commissioner Sarnoff A slab? Commissioner Spence -Jones: Yeah. Commissioner Sarnoff Slab. Mr. Recio: Slab. Commissioner Spence -Jones: Slab. Is that what you call it? Commissioner Sarnoff Yeah. Commissioner Spence -Jones: Slab. Mr. Recio: It's 35 spaces per slab. Commissioner Spence -Jones: Slab, so -- Mr. Recio: That would -- Commissioner Spence -Jones: OK, so now we're down -- 35, take how many away? Is that now where we at? Fifteen from seventy-one was what? Mr. Recio: Twenty -- I think that would be twenty-one. Commissioner Spence -Jones: Fifteen from seventy-one? Mr. Recio: Oh, I'm sorry. Commissioner Sarnoff Fifty-six. Mr. Recio: Fifty-six. Commissioner Spence -Jones: OK, then 56, taking -- you said 31? Mr. Recio: I believe that's 31, if my math is serving me right. I'm sorry. It's 56, less 35 spaces. Commissioner Spence -Jones: Which would give you what? City ofMiami Page 205 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Recio: I'm sorry, 20 -- that'd be 21. Vice Chairman Sanchez: Twenty five. Commissioner Spence -Jones: OK. Who's the person that can add in here? Commissioner Sarnoff Twenty-one. Vice Chairman Sanchez: Me. It's 25. Commissioner Spence -Jones: OK. I'm just like you, so -- Mr. Recio: I'm sorry. Commissioner Spence -Jones: -- I had to ask for them to add it too, so that would mean we would go down to at least about 25, correct? Mr. Recio: That's what adding an extra slab would do. Commissioner Spence -Jones: OK. Let me see Mr. Friedman. First of all, I know how much you do in my district and also in Commissioner Sarnoff. I think Los Suenos is actually in your district. I mean, not Los Suenos. Pinnacle Park [sic] is actually in your district, the affordable housing unit. That's his district on Northeast 2ndAvenue, right? Mr. Friedman: Yes. Pinnacle View, yes. Commissioner Spence -Jones: All right. Pinnacle View, I'm sorry. Mr. Friedman: Right. Commissioner Spence -Jones: And all of your projects that you have, definitely someone mentioned earlier about not having enough security, not having enough lighting, not having enough -- all these things that were mentioned. I can say that out of all the affordable housing developers that we do have, you clearly go above and beyond the call of duty to make sure that the residents have a decent, safe place to live, so that's never even a question, andl look forward to all the projects that we have to do, but from day one, I've always had a issue and a concern with the project, and for me, the only way that I could swallow it -- the only way I can swallow it without allowing over into the residents -- because it will, andl know that we've tried to find solutions, but you know, the only solution is it's going to flow into other people's parking lot -- I mean, park -- in their -- on their streets, so for me, in order -- andl can't proffer -- Mr. City Attorney. Are you with us tonight? You're getting sleepy on us? Jorge L. Fernandez (City Attorney): I am with you. I'm following on this -- Commissioner Spence -Jones: I want to make sure I don't go off track. If there's any way that, you know, we can make sure that some of those units are targeted, maybe the one -bedrooms that you do have are targeted for seniors. Mr. Friedman: Commissioner, the best could --I can't put a covenant into the record. Commissioner Spence -Jones: OK. Mr. Friedman: The best I could do is say that I'll use best efforts to try to be able to encourage individuals who are 55 and over, which is the criteria for elderly, to be able to come into City ofMiami Page 206 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Pinnacle Place. I can't go more than that because ifI put a covenant in the record, all my financing will not come to fruition. Commissioner Spence -Jones: OK, and -- Mr. Fernandez: Madam Commissioner -- Commissioner Spence -Jones: Yes. Mr. Fernandez: -- just for the record, here you're considering a special exception -- Commissioner Spence -Jones: Yes. Mr. Fernandez: -- in essence. On special exceptions, you may impose any conditions that you deem fair and adequate and appropriate -- Vice Chairman Sanchez: Fair and adequate. Mr. Fernandez: -- so it's not an issue -- yes -- of the applicant proffering it or not proffering. IfI heard you correctly, the direction you were going was an additional slab, cutting to the quick. Commissioner Spence -Jones: I actually said three of them. I said -- Mr. Fernandez: Well -- Commissioner Spence -Jones: -- I was naming three different things. One was -- Mr. Fernandez: Correct. Commissioner Spence -Jones: -- a slab, which was -- Mr. Fernandez: Right. Commissioner Spence -Jones: -- take us further down. He's already putting 15 around the building, which is on the street, which is fine, and then the other one, it was to target seniors for those units so that we don't have an issue with parking -- as much of an issue with parking -- Mr. Friedman: Again -- Commissioner Spence -Jones: -- and that was my only recommendation. If those things can be proffered, then it's a lot easier for me to swallow it, but if not -- andl don't want to lose the housing that I have because I need it, but I also don't want the residents to be burdened with it, and that's the -- Commissioner Sarnoff Can I make a recommendation to you? Commissioner Spence -Jones: Sure. Commissioner Sarnoff How about one additional slab for parking and 20 percent of the units dedicated towards --? Commissioner Spence -Jones: Say it -- I'm sorry, Marc. What'd you say? Commissioner Sarnoff One additional slab will be parking, which I think will net you in between 25 and 30 parking spaces -- City ofMiami Page 207 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: OK. Commissioner Sarnoff -- and require 20 percent of the units go to 55 and over. Mr. Friedman: In all due respect, Commissioner, I can't have a fixed number. If this was an elderly development, as designated by U.S. (United States) Government and by the State of Florida -- and we do do those -- then I could do that. Commissioner Sarnoff This is being certified by the City ofMiami. Mr. Friedman: Andl was about to get to that. We have applied -- this is a family development, not an elderly, so when I saidl could use best efforts, that's the best thatl could do, but as it relates to the slab. I mean, you were talking about, you know, concrete and steel and everything else like that; sure, it's possible, but it was -- our development was never predicated upon that, and in order to build an extra slab, it's 35 spaces, and recognize that those 35 spaces are going to wind up costing us anywhere between 15,000 and $17, 000 per space. That's money I just don't have, so if, in fact, that the City Commission imposes that upon me, I start off in a negative column. Where do I go from there? I mean, we had -- you know, when we start these developments -- which, as you know, Commissioner, the gestation period is two to three years, so this isn't something that we just developed in a vacuum in the last three months, and we've had a very, you know, long process securing tax credits. Vice Chairman Sanchez: Mitch, I don't think anyone here wants to throw out -- Commissioner Spence -Jones: Yeah. We don't want to -- Vice Chairman Sanchez: Mitch, I don't think anybody here wants to throw out the baby with the bathwater. We understand the situation here, and mean, you have $2.4 million of the housing credit, and this project is basically underway, correct? Mr. Friedman: Well, we're in the final stages of permitting. Vice Chairman Sanchez: All right, so any changes that we make here would affect your crediting and your funding, correct? Mr. Friedman: Yes. I mean, we don't have any more funding from the State, and we don't have any more funding from the -- Vice Chairman Sanchez: All right, but listen -- Mr. Friedman: -- County. Vice Chairman Sanchez: -- I think that this Commission -- and first of all, let me say Pinnacle is an outstanding housing developer on rental. I am very pleased with the service you've done in my district, and you do provide a good service, but I think that the concern is that we're starting to see and it's out there -- maybe not in your development, but you're starting to see -- and you know, when people say, well, the poor -- to classify them as poor -- only have one car, that's not true, all right. What we're starting to see in certain neighborhoods is you're starting to see that bleed out of cars that aren't -- don't have a place to park, and they're parking in the neighborhoods, and really, it is causing a -- it's cause -- in other words, it's -- the quality of life in those areas are -- because we get the complaints, so is there any way that we could work out - - because we want to protect them. I mean, look, no one's first -- none of the residents have come up and say I don't want your project near my house or I'm not supportive of your project. They've come up with just a single concern. The only thing that I want to do after a hard day's City ofMiami Page 208 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 work is I want to get home, andl want to be able to park in front of my house. When I go pick up the kids from school, I want to get home and park in front of my house and not have to drive three blocks north, east, west, or south to find a parking space, andl think that's a reasonable request because I don't think anybody denies or wants to deny you the opportunity and first, the service that you provide because we're champions of affordable housing -- Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: -- butl think the concern here is a valid concern, andl think, you know what? Your organization is such a top -class organization that I think that we could work this out where there could be a guarantee, and you do have stipulation in the language that if something were to happen, you know, we would find additional parking, but I think they want reassurance from you to say, hey, listen, we won't get to that point, the point that they're fearing, which is getting home and not having a place to park. Commissioner Spence -Jones: Yeah -- Vice Chairman Sanchez: That's the message here. Commissioner Spence -Jones: -- and just adding on what Commissioner Sanchez has said, clearly, you know, none of the neighbors came up and said the building was too tall, was ugly; that they didn't want it in -- that was none of the comments. The comments was really about them having a way to get into their houses, which, to me, is refreshing because usually I'm dealing with that from that perspective, but for me, as the district Commissioner, it's important for me to at least try to find a middle ground for the neighbors that live in the area, so for me, if - - I'm glad that you put the parking around the building that gives us the 15 additional spaces, which I think is great. I'm sorry the FEC didn't work out, you know, but for me, if there's any way that we could, at least, add one more level of parking that would at least let the neighbors know that we're at least trying to find a compromise. Vice Chairman Sanchez: In other words, help us help you. I mean, is that it? Mr. Friedman: Commissioner, I hear you; I hear all of you, and if it was that simple, I would certainly do that. I will certainly, you know -- I mean, it seems like the easy way out is for me to go ahead and build the extra slab, OK, that will create the additional 35, plus the 15 that I'm already building around the street, so I'm already up to, you know, 50 more units of parking. I could live with that, butt just want to go for the record that, by doing that extra slab, I am now more financially burdened than I was before I came here this evening, and there's a very good likelihood that I'm going to be petitioning the City, through the Community Development Department, that I'm going to need some additional funding in order to be able to balance my proceeds and my expenses, and obviously, I'm not looking for a commitment. I would never do that from you. I would just want to put it on the record that that's the situation that I'm going to be in. Vice Chairman Sanchez: All right. What's the will of the Commission? I think we've taken -- Commissioner Spence -Jones: As a special -- it's a special exception, so I can -- let me just be clear. I can say I will grant this special exception with the additional -- Commissioner Sarnoff Grant the appeal. Mr. Fernandez: Well -- Commissioner Sarnoff You would grant the appeal. City ofMiami Page 209 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Well -- Commissioner Spence -Jones: Grant the a -- no. Commissioner Sarnoff Subject to -- Mr. Fernandez: It would be -- Commissioner Sarnoff -- conditions. Mr. Fernandez: -- grant the appeal -- Commissioner Sarnoff Right. Mr. Fernandez: -- which would reverse the Zoning Board's decision to deny the special exception. In essence then, you will be granting the special exception. Commissioner Spence -Jones: OK, so do I -- Commissioner Sarnoff With -- Commissioner Spence -Jones: -- have to say -- Commissioner Sarnoff -- conditions. Commissioner Spence -Jones: -- it again? You said it for me. Mr. Fernandez: And you may impose on it conditions -- Commissioner Sarnoff Right. Mr. Fernandez: -- as you have discussed. Commissioner Spence -Jones: OK. Ditto. Vice Chairman Sanchez: You're recognized. Mr. Fernandez: But what conditions against are those? Commissioner Spence -Jones: The conditions are that he adds an extra level of parking on the facility. Mr. Fernandez: All right. Vice Chairman Sanchez: All right. For the record, there is a motion -- Commissioner Sarnoff Second. Mr. Fernandez: To grant the appeal. Vice Chairman Sanchez: -- to grant the appeal with one condition, which is -- Mr. Fernandez: Exactly. Vice Chairman Sanchez: -- to add the -- City ofMiami Page 210 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Fernandez: The additional slab. Vice Chairman Sanchez: -- additional slab. All right. There's a motion and a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." All right. For those of you that are here on that item, basically, there was a condition add that they need to add a slab of more parking. I think that would relief [sic] you. However, if the project is completed and you have a parking problem, please contact your City Commissioner, or better yet, contact Pinnacle also to work out with you, OK? Unidentified Speaker: Call the tow trucks. Vice Chairman Sanchez: Sir, you going to have to come up so -- oh, you have a child? What's -- name and add -- just your name. Unidentified Speaker: My name's (UNINTELLIGIBLE). Vice Chairman Sanchez: All right. Commissioner Spence -Jones: Tow trucks. Vice Chairman Sanchez: Tow trucks? Unidentified Speaker: (UNINTET,T IGIBT ,F) call the tow trucks and have them towed away. Vice Chairman Sanchez: Yeah. We'll deal with that when we get that situation. We'll cross that bridge when we get to it. All right. Thank you so much for coming. PZ.22 06-01066x RESOLUTION "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." 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. City ofMiami Page 211 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 06-01066x Analysis.pdf 06-01066x Code Enforcement 09-15-06.pdf 06-01066x Zoning Map.pdf 06-01066x Aerial 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 06-01066x submittal chart building heights.pdf LOCATION: Approximately 5211 NW 17th Avenue, 1629 NW 52nd Street and 1630-1640 NW 53rd Street [Commissioner Michelle Spence -Jones - District 5] APPELLANT(S): Herschel Haynes, Adjacent Property Owner, on behalf of Hadley Park/Model City Homeowners Association, as well as Lena Canty, Elmira Green, Bertha Thomas, Henry Goa, Bobby McGhee, Lillie Williams and Moselle Bell APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Mayor Realty, Inc. and ALCO Group, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the Special Exception. ZONING BOARD: Granted the Special Exception with conditions* on 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. Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 2 - Commissioner Sanchez and Spence -Jones Noes: 1 - Commissioner Sarnoff Absent: 2 - Commissioner Gonzalez and Regalado R-07-0249 Vice Chairman Sanchez: PZ.22. Commissioner Sarnoff How could there be a pocket item this late in the --? City ofMiami Page 212 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Thank you for bearing with us. It's been a long agenda. All right. PZ.22 is a resolution, OK. Is this an --? Louise Caro: It's an appeal of a special -- Vice Chairman Sanchez: It's an appeal, so the appellant is first. Ms. Caro: -- exception. Vice Chairman Sanchez: You're recognized, and then -- Ms. Caro: Yes. Louise R. Caro, 3683 Avocado Avenue, and I represent Herschel Haynes, Hadley Park/Model City Homeowners Association, Lina Canty, Elmira Green, Bertha Thomas, and other members of the homeowner association who's stated in the letter of appeal. In addition to that, I have a petition with me tonight of 53 signatures of individuals who are in opposition to this project thatl will hand to the Clerk. Are we ready? Vice Chairman Sanchez: I'm sorry. I apologize. Ms. Caro: That's OK. We're all tired. I can piggyback on a lot of concepts you've heard over and over and over again today to make this easier for you, OK. This is a special exception. It's a C-2 area, and their special exception is trying to get an increase in height so that the applicant can build -- originally, it was, I believe, nine stories. Last we spoke, it was down to seven stories. I'm not sure if that is still on the table. We have met with the developer. We have met with the potential purchaser from the developer, and we have not been able to come to a resolution, although we have tried so we're going to talk about the special exception. Now, within your definition of a special exception, you're supposed to look to 1305 that says protect your community, protect your single family residences, as does your Comp Plan, Section 1, that everybody's been quoting today that you need to protect the residents, and so I think you understand that part, and we can move on. What happened before the Zoning Board was a little bit unique here because residents came up and made -- they voiced their opposition, but there was also the Liberty City Trust who put in a letter of support, and the Zoning Board was very much swayed by that. Since then the Liberty City Trust has withdrawn their support, so I have a letter today also that you should have received in the record. They put it in -- to the City Planning Department, I believe, or the Zoning Department, in January saying that they've listened to the community's concerns, and they no longer support the project. I want to also piggyback real quick -- because it's fresh in your mind -- all this issue about parking and -- because it's a real problem to consider that people who are poor don't have cars. It's just not true, and what you find is that there's already a lot of people using these streets, so there's already an overflow issue on these streets. We have -- residents here will testify to that, as well as the other detriments that they feel for this project, but here's another thing that you need to consider. I know in a lot of areas, they talk about if you put this building in, things are going to get better because they say, OK, well, for example, around the 82nd Street project that you were talking about; OK, there's a crack house there now. You put in this building, things are going to get better. That's inherently flawed when you look at this neighborhood. It's very particular what's going on, and you really have to listen hard to the residents to get what's going on because no matter what you put there, whether it's a duplex or a single-family resident, or a building that has many units in it, you're going to have more people living there, sometimes three fold, sometimes five fold than what you thought when you started out. The residents in this community, I think they've got everybody beat here today. They've been here maybe 40, 50 years, and their parents were here for the same amount of time, so they know their community. They had been fighting themselves -- they have been kicking the crime out individual -- these little, old ladies that you see here tonight -- kicking the criminals out of their neighborhoods themselves, and what they tell me, and what they're going to tell you is that drug dealers live with their grandmothers. They -- the bigger building and the more density you have in a City ofMiami Page 213 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 location like this, the worse crime is going to get, and at first, I didn't even get that, but they have thoroughly convinced me of that, and they will discuss that with you following here, so you need to take that into consideration. It is -- it's a building that's out of context because it is -- even at seven stories -- I'm not sure if we're still at seven stories -- it is, by far and away, the biggest building in the City ofMiami. Remember now, a lot of us driving down US 1, we see, OK, 17th Avenue. Well, that's just the beginning ofMiami, but if you drive up there, actually, on those blocks, you're just -- two blocks over, you're out of the City ofMiami. You're in the Broward County. That is the edge, so this community would like to look -- you look at it as they are the outskirts, they are the suburbs. Why would you want to put a high -scale building there? If you look in terms of context, the closest thing is Midtown, and that's 2.63 miles away per MapQuest. I MapQuested [sic] that, so you're talking very, very far away. There's nothing remotely in the area in existence today that has the context for that, so they are asking that you preserve the neighborhood as best as you can, and they want you to deny the special exception. Another thing to consider also is that something's got to go there. There's -- it's true. Something's got to go there. We don't want blank spaces. Commissioner Spence -Jones, you don't want vacant lots. We don't want to give you the, you know, choice; vacant lot, nothing at all, and so what you could do is consider the option of something like what City of Lauderhill has done. I brought an article -- I don't know if you saw it; it was in the Sun -Sentinel last week. If you're organized enough, it would be -- it's not easy to do, but if you're organized enough, you can get developers to create a situation where single-family homes, or even duplexes, could be built in certain areas, and then you could have a lottery. This is a lottery. In Broward County, in the City of Lauderhill, who considers single-family homes vital, where they put -- I believe it was about 24 homes in a lotto, so if you got -- if you won the lotto, if you were one of those people, you could purchase homes that were actually pretty significant homes for a certain amount of affordable housing, so there's -- what I'm saying is there's other options, and even in this particular situation, where there is duplexes all around, there's -- everything is one story, even the -- all the duplexes. The biggest buildings are churches, and they're just two stories, so we would suggest that you do something creative, that you -- or at least, encourage developers to do something more creative. I don't think it should be the difference between nothing at all or something very big because I think what actually happened here was maybe the property was purchased for too much money. The developer now is in a position where he doesn't know what to do with it. We've now had the situation where now they're thinking of making it affordable housing, which sounds great, but they don't have the affordable housing credits yet, and even with that, there's the problem of -- even if it's elderly affordable housing, there's going to be people -- more people living in the building than would -- so this project shouldn't be in existence. They will testify to that. If you have even elderly affordable housing, they will have three and four times the amount of people in those units than what there should be. Commissioner Spence -Jones: That's because they're not being regulated, but I'm just letting you know -- Ms. Caro: Right. Commissioner Spence -Jones: -- the real ones do not allow for you to have family members living in there with that. I'm just -- Ms. Caro: That's what they say. Commissioner Spence -Jones: Well, I'm just -- Ms. Caro: The residents -- Commissioner Spence -Jones: -- I'm letting you know. Vice Chairman Sanchez: Counsel -- City ofMiami Page 214 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Caro: -- say otherwise. Vice Chairman Sanchez: -- are you bringing anyone up to test fy? Ms. Caro: Yes. There are people here that are going to want to test fy. OK. I'll save time for rebuttal. Vice Chairman Sanchez: All right. Aren't you going to bring anyone to testify or --? Ms. Caro: Well -- Commissioner Spence -Jones: They -- I think they come after him, right? Ms. Caro: I think they come -- Vice Chairman Sanchez: OK. Ms. Caro: City Attorney? Vice Chairman Sanchez: No. It's all right. Jorge L. Fernandez (City Attorney): In terms of -- Vice Chairman Sanchez: Yeah. Jorge L. Fernandez (City Attorney): -- you being the appellant -- Ms. Caro: Yes. Do the people test first, or does he make his argument first? Vice Chairman Sanchez: We could get the people to test fy. Mr. Fernandez: You know, in -- Vice Chairman Sanchez: Either way. Mr. Fernandez: -- either way, whichever way you choose. However, typically -- Vice Chairman Sanchez: I just want to -- Mr. Fernandez: -- is the appellant -- you represent a position, and then the appellee, and then it's open to the general public. Ms. Caro: OK. Vice Chairman Sanchez: I just want to keep the right procedure going, but that's all right -- Mr. Fernandez: But if you want -- Vice Chairman Sanchez: -- whatever -- Mr. Fernandez: -- for purposes of your presentation, continuity, it's up to the Chair. Vice Chairman Sanchez: Counsel, how would you like to handle this? City ofMiami Page 215 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Caro: They can go after he's done his piece. Vice Chairman Sanchez: You got it. Ms. Caro: That's fine. Vice Chairman Sanchez: Sir, you're recognized for the record. Gilberto Pastoriza: Good evening, Mr. Chairman, members of the Commission. Gilberto Pastoriza, 266 -- oh, sorry -- 2525 Ponce De Leon, 7th Floor. We're here tonight -- and from the very outset, let me tell you that this application is only seeking a special exception to allow residential uses in the C-2. We're not seeking any variances. We're not seeking to rezone this property. We're not seeking any bonuses. We're providing more parking than what the Code requires. The project will be an affordable housing project, and it is true that we've met with the neighbors a number of times. On September 26, 2006, your Zoning Board adopt a resolution 06-1232, which granted a special exception to allow 60 residential units on this property. The drawings that were filed with that approval depicted a nine -story building with a height of 86 feet to the roof deck. The Planning & Zoning Department also recommended approval of the project. Both the board and your staff after reviewing the evidence, made a determination that the proposed project did comply with the criteria of 1305. Notwithstanding their findings, both the board and the staff put a condition on the approval that basically required the applicant to better transition the building. You may recall, Commissioner, that we were here last month or two months ago, I think, and you asked us to go back to meet with the neighbors. We did. We went back; we met with the neighbors, and we, once again, reduced the height of the building, and I think it's important for you to know -- Commissioner Spence -Jones: So they're to six floors now? Vice Chairman Sanchez: From 120 feet to 60 feet -- 68 feet. Mr. Pastoriza: So -- and I'll explain what that bar chart means. The C-2 zoning district allows, as of right, 120 feet in height. In other words, if we were to build an office building, for example, on this property, we could build an office building of 120 feet in height. Our original application had a height of 86 feet. We further reduce it -- and these are the drawings that are before you today, and those are the drawings that handed out to you. We further reduce it from nine floor to seven floor, from 86 feet to 68 feet. You may recall, Commissioners, that a number of years ago, when the SD-9 furor took over and some of the buildings on 27th Avenue began to pop up, that you Commissioners revised the Code to provide for building envelopes on buildings that were next to R-ls and R-2. The picture on your right, this picture here, shows the 68-story building. Here -- 68 -- I'm sorry, 68 feet. Commissioner Sarnoff I was all ready to -- Mr. Pastoriza: I'm sorry. Commissioner Sarnoff -- deny it. Jeez. Mr. Pastoriza: I mean, this is -- it's a long day. These are the neighbors over here, so what we did -- and Mr. Behar is our architect, and he'll take you through the project because I do think that this is a very nice project, but look at the building envelope. The building is totally contained within the building envelope, and it has been pushed to 17th Avenue. I would like Mr. Behar to describe to you the project, and also then, I would like for Mr. Michael Cox, who is with Biscayne Housing Group, to just let you know about the affordability issue and how important it is that this project gets approved today and the chances that we have of really getting tax credits on this go -around from the State. Robert. City ofMiami Page 216 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Robert Behar: Good evening. Robert Behar, Behar Font & Partners, 4533 Ponce De Leon. Thankyou. This is one of the projects I'm going to start by saying it is an affordable project, but we have treated it architecturally as a standard citywide project. If you will notice that -- andl will go through the plan -- but elevation, there's balconies; there is elements, architectural elements throughout the building to make this -- to enhance the architecture of a building, not just a box, but the project consists as follow: On the ground floor, there is habitable space; there is units. You've got two levels of parking which we have decreased it to push the building forward and allow for that transition to happen, and then you got total of four floors of residential unit. It's a total of 60 units. This project requires, by Code, only 68 parking spaces. We're providing 79, OK. In addition, like Mr. Pastoriza stated, as of right, if we were going to an office building, for example, you could go up to 120 feet. We're at 68 feet. You could see the transition required by the Code that -- on the back, where we're way inside of that envelope that is required. In addition, this is a project that has been designed with -- to respect the adjacent neighbor and lower the back and push it towards 17th Avenue, putting the height -- the seven stories on 17th Avenue, minimizing the impact on the neighbors. Thank you. Mr. Pastoriza: Mr. Michael Cox now. Michael Cox: Thankyou. Michael Cox, Biscayne Housing Group, 150 Southeast 2ndAvenue. We have submitted this project for tax credits to the State for 60 units as an elderly project. It's a rental project; 20 percent of the units would be at 30 percent area median income, so it would have rents about $320. The balance of the units would be at 60 percent area median income, so it would have rents at about $600. It's elderly. This project drew lottery number 26 at the State, meaning as it stands right now, we think it'll be the only affordable tax credit project funded in the City. Our -- another one of our projects is next in line, but that's -- drew lottery number forty -something, so there's a good chance that this could be the only affordable project funded in the City. I did have the privilege of meeting with Ms. Caro and the Hadley Park Homeowners Association. These are wonderful people, and they have a lot of concerns based upon their very valid experiences. We hope that you will allow us to go forward with this affordable housing development and give us a chance to be good neighbors to them. Thank you. Vice Chairman Sanchez: All right. Is that -- does that conclude your --? Mr. Pastoriza: Just -- I just want to summarize by saying that this is a great opportunity to provide 60 much -needed pieces of pizza -- no, I mean, affordable housing units. We believe -- and in an area that is very badly needed. This is an area that needs this type of housing, and we hope -- and this may be -- you know, like cliche, but we do think that the corridor along 17th Avenue, that corridor, that needs to be redeveloped, and hopefully, this will do the trick. We hope that you deny the appeal and affirm the Zoning Board's decision. Thank you very much, and have a good night. Vice Chairman Sanchez: All right. Rebuttal. Ms. Caro: We can have comments, and then I'll rebuttal. Vice Chairman Sanchez: OK. Herschel Haynes: Good evening, Mr. Chairman, and your colleagues. We, the Hadley Park/Model City Homeowners Association, adamantly oppose this building. It is grossly out of scale with our neighborhood. It violates Section 1305.2 of the Zoning Code. It does not respond to the neighborhood context, which is required by this ordinance. That are no -- there are no other high-rises anywhere nearby. There are no buildings above two stories anywhere in this area. This is a cruel trick to introduce a high-rise to the area by calling it affordable housing. Even poor people should be allowed to live away from the shadows of high-rises. The Planning City ofMiami Page 217 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Department design review commitment says it perfectly. The proposed -- well, that was in the -- this was in the initial stages, before they brought it down. Apartment blocks are not in keeping with the height and scale of the surrounding neighborhood. This high-rise is too tall to be built on a property that is only 100 feet deep. That is simply too shallow of a lot for any meaningful transition in bulk and scale to take place. That violates Section 1305.2, which requires a transition in bulk and scale. That low setback 40 feet up in the air above the parking garage is insignificant This building and all buildings along our neighborhoods should be no taller than three stories. High-rises belong in downtown, not next to homes and neighborhoods, and ifI may be able to add to this. Vice Chairman Sanchez: In conclusion. Mr. Haynes: In conclusion, the citizens have been very, very receptive to Mr. Pastoriza for a long time, what it appears. He has appealed to us twice. He's gone before the -- what is it? -- what was Model City, and since then, it has transitioned into the Liberty City Trust, and we want very, very desperately for us not to have vacant lots, but we do not want to -- or we are not in a hurry to jump to anything that somebody is trying to push off on us, and the people, I think, in a very, very nice way has said to Mr. Pastorizio [sic] -- it's like -- we have also said it, I think, in the last meeting with Mr. Cox -- that, yes, we want development, but give us a chance to look at developers that are willing to work with us to bring to our neighborhood what is needed by us being a suburban area, and so these are some of the things that we wish that you would consider. Even though we have heard some very, very shocking things that are very, very different from what we know, and some of your colleagues have shared with the people in regards to what is law, that would be the Constitution; it would be the Charter, and by the way, I will share with you that the Charter -- and I'm sure the attorney here can say so -- speaks to the fact that there should not be, in any situation, a developer or an organization placed above the people, and that would be consistent with the Constitution, so we are only asking our elected officials to give us the same kind of consideration that other municipalities and communities receive -- Vice Chairman Sanchez: Thank you. Mr. Haynes: -- andl thank you. Vice Chairman Sanchez: Thank you. Madam Counsel, anyone else? Judith Sandoval: Thank you. Judy Sandoval, 2536 Southwest 25th Terrace. Commissioner Sarnoff Judy, where do you find the time to formulate all these conclusions? Ms. Sandoval: You know, this is -- I'm just amusing myself. Never mind. I just want -- I wanted to see if he was awake over here. Vice Chairman Sanchez: Two minutes. Ms. Sandoval: Section 1305.2 requires the building to respond to the physical contextual environment, taking into consideration urban form. There are no buildings of this height anywhere near the location on 17th Avenue or 54th Street, and we don't want the first one. Behind the building are single-family homes and some duplexes. I have a question for the Planning Department. Section 1305.2 requires the use of surface parking as a buffer between our residential neighborhood and behind the building. Use surface parking as a district buffer. Instead, the developer wants to put up a parking garage 40-feet high, set back only nine feet from the single -story houses next door. The question is, is this not a violation of 1305.2? Planning Department? Anyone here from the Planning Department? City ofMiami Page 218 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Hello. You have a question for the Planning Department? Ms. Sandoval: Yes. That's what it was. I just read it. Roberto Lavernia (Chief of Land Development, Planning Department): Yes. Do you ask us to answer the question? Vice Chairman Sanchez: Yes. Mr. Lavernia: OK. Mr. Pastoriza: May I, Mr. Chairman? I have some answers. Commissioner Spence -Jones: She had a question. Mr. Pastoriza: OK. Yeah, but can answer her question. Vice Chairman Sanchez: Well, if she wants the Administration to answer -- Commissioner Spence -Jones: To answer it. Vice Chairman Sanchez: -- the question, we'll let the Administration -- Mr. Lavernia: Yes. Vice Chairman Sanchez: -- answer the question. Mr. Lavernia: There's a tower of six floor, then there's a garage of four floor, and then it goes down to residential. That's what we're trying to incorporate, and -- Vice Chairman Sanchez: Judy, does that answer your question -- Mr. Lavernia: -- into the envelope. Vice Chairman Sanchez: -- the transition? Ms. Sandoval: Then it's legal? Mr. Lavernia: Yes, it's legal. Vice Chairman Sanchez: Yes. Ms. Sandoval: OK. That's the answer to the question. OK. This is another comment. The developer does not have the right to build to the maximum height. Section 2301 of the Zoning Ordinance says, "In their interpretation and application, the provisions of the Zoning Ordinance shall be held to be minimum requirements or maximum limitations, as the case may be, adopted for the promotion of the public health, safety, morals, or general welfare." That applies to this neighborhood. The City has not only the authority, but the duty to protect the neighborhood from inappropriate development like this. This would set -- this development would set a bad precedent. It would change the character of this neighborhood beloved by its residents. Thank you. Vice Chairman Sanchez: Thank you so much for sparing us 15 seconds. Thank you. Ms. Sandoval: I give them to this lady. City ofMiami Page 219 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: All right. Ma'am, you've been afforded 15 additional seconds. Lina Canty: OK. My name is Lina Canty. I live at 1559 Northwest 53rd Street. I have lived there for 45 years. I raised five daughters in that neighborhood, and we lived there very peaceful. Sometimes we had drug problems in that neighborhood. I'm going to say just like how it is. I'm not carting around and beating around the bush. Yes, we had problems with drugs, but me and my neighbors, we run the drug dealers out of there, and a building like that coming into that neighborhood -- I'm old, senior citizen, andl don't need a building -- we don't need a building in that neighborhood at that high density because the higher the building, the more people going to be moving into the neighborhood. Yes, we want buildings in -- on that corner, but we want building that apply with the community. I live there along with my mother. My mother live right in that neighborhood for 44 years. She died last year at 103, and she was peaceful and wasn't afraid to be there because we all -- we knew everybody in the neighborhood and around 53rd, 52nd Street. My children [sic] knowed [sic] everybody around there. I knowed [sic] everybody, and everybody -- but to bring a building in that neighborhood like that that we can't even keep control of the people that there and don't know who coming in there, and I'll be afraid because, like most people, I don't drive, so I have to walk backwards and forwards to catch the bus or the jitney, whichever come that day, andl get up some morning 6:30, 7 o'clock going to the bus stop to catch the bus to go to the hospital, and with that many people in the neighborhood, I'd be afraid to do that, andl want to live the rest of my life not being afraid to be in a neighborhood that I have lived more than three -thirds of my life in -- Vice Chairman Sanchez: Thank you, ma'am. Ms. Canty: -- so I ask you, Commissioners, to consider your decision -- Vice Chairman Sanchez: Thank you. Ms. Canty: -- and make the right decision that will be pleasing to everybody in that neighborhood. A lot of more elderly people in the neighborhood, but they couldn't come -- Vice Chairman Sanchez: Thank you so much. Ms. Canty: -- so we -- I saidl would come and say what I have to say. I don't need a paper because I've lived there -- I physically live there, andl know what all goes on in that neighborhood. Vice Chairman Sanchez: Thank you so much, ma'am. Mr. Cruz, you're recognized. Elvis Cruz: Thank you, Commissioner. Elvis Cruz, 631 Northeast 57th Street. Regarding the Miami Zoning Ordinance 1305.2, the design review criteria does speak of neighborhood context and scale. We had an extremely similar situation to this building take place on Biscayne Boulevard abutting my neighborhood, Morningside, and this Commission did a wonderful thing; it approved the building on the condition that it be no taller than 35 feet. This was in keeping with, among many other sources, the Miami -Dade County Urban Design Manual that states the preferred scale for a commercial corridor is three stories. Also, as Ms. Sandoval mentioned, 1305.2 in the design review criteria, letter "V,, "Section IV, says that the building must use surface parking as a district buffer. The answer that came from the Planning Department a little while ago was from Section 907. I would ask you again to specifically ask the Planning Department about 1305.2, letter "V,, " number four, where it specifically states surface parking must be used as a district buffer. There is no surface parking as a district buffer at the back of that building. Vice Chairman Sanchez: I think that needs to be answered. That's a -- please address that. City ofMiami Page 220 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Lavernia: The ordinance never said "must use." It's can -- parking can be used or can be -- Mr. Pastoriza: May. Mr. Lavernia: -- used as a buffer -- Mr. Pastoriza: Right. Mr. Lavernia: -- surface parking between the tower and the residential, but not must. Vice Chairman Sanchez: No. Mr. Lavernia: We don't have to. No, sir. Vice Chairman Sanchez: OK. Mr. Cruz: At this point, I would ask that the City Attorney look at the text of that and give us an interpretation because what have been reading and what my attorneys have been reading does not say it's a "may." It says it's a "shall." Mr. Lavernia: Let me read it to you. Vice Chairman Sanchez: Please read it into the record. Mr. Lavernia: Number four, use surface parking area as district buffer. Vice Chairman Sanchez: May, shall? Mr. Cruz: Use -- no. That is a list of requirements -- Vice Chairman Sanchez: All right. Mr. Cruz: -- the design review criteria. Vice Chairman Sanchez: OK. Any other -- anything else you want to add? And you still got time. Mr. Cruz: Yes. I would just like to say, in closing, that would hope you would enforce the design review criteria, and that you either grant the appeal and deny the special exception, or alternatively, allow the building on the condition that it be no taller than 35 feet, and offer these fine citizens the same level of protection of their neighborhood that this Commission was so wonderful to grant my neighborhood. Vice Chairman Sanchez: Thank you. Mr. Cruz: Thank you. Vice Chairman Sanchez: All right. Anyone else? Ma'am, good evening. Elmira Green: Good afternoon. My name is Elmira Green. I live at 1550 Northwest 53rd Street, and have been living there over 45 years. I raised two children. I have a single home, and also own another piece of property that rent out that tried to protect. We have had drugs in that neighborhood. We fought them. We worked with the police officers, and we got them out. In fact, I had a drug house next door to me, and we able to fight them -- fight those City ofMiami Page 221 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 people and get them out. We feel that if we have that many people in that little, small area, we're going to have more problems, and we trying to eliminate those problems, so we asking you, please do not pass this, please, because we do not -- we are now too old to fight again. We just want peace and enjoy our life. Thank you. Vice Chairman Sanchez: Thank you. Nina West. Two minutes. Nina West: Nina West, 3690 Avocado Avenue, Coconut Grove. I'm here on behalf ofMiami Neighborhoods United. OK. I know this neighborhood very well. I've been in these houses, and I know these people, and I'd like to let you know that many of these people finally had to go home. There were many more here during the day, and we kept losing them as the hour got later. All of them will have similar stories. I'm going to talk about goals and the Comprehensive Land LU-1, maintain a land use pattern that protects and enhances the quality of life in the City's residential neighborhoods. This monster next to these homes will not enhance the quality of life in these neighborhoods. Also, there are duplexes in this area where middle-class people have lived for years and years with the same landlords. The minute the taxes go up, they will be forced to raise the rents, and you are going to lose cohesiveness in this neighborhood. Policy HO-117, the City will continue to control, through restrictions in the City's land development regulations, large scale and/or intensive commercial and industrial land development which may negatively impact any residential neighborhood. They are telling you from past experience that they will have a negative impact by having multiple people live in these elderly apartments because people move in with their grandmothers all the time. It happens here in Coconut Grove. I don't see why it should be any different in Model City. HO-115, the City will continue to enforce, and where necessary, strengthen those sections of land development regulations that are intended to preserve and enhance the general appearance and character of the City's neighborhoods. Since when does a 68-foot building backed up on a single-family house, a one-story house, or a one-story duplex enhance the appearance and character? I have a question for the Planning Department. How will this 68-foot building located next door to these homes preserve and enhance the general appearance and character of the neighborhood? How will it do that? I have a question, through the Chair, for the Planning Department. Vice Chairman Sanchez: Through the Chair, what was your question, Nina? Ms. West: I asked her the question already. Nobody's listening. OK. Vice Chairman Sanchez: No, we are. Ms. West: How will this 68-foot building located next door to these single-family homes preserve and enhance the general appearance and character of the neighborhood or protect and enhance the quality of life? Ana Gelabert-Sanchez (Director, Planning): Just to clam, this is -- special exception is not a comprehens -- it's not a land use change, but independent of that, as part of the condition on the special exception, we are asking for transition into the -- andl can read it for you. It says the applicant shall present all final design details, including, but not limited to: architectural plans, site plan elevations, floor plans, for approval to the Planning Department prior to issuance of the building permit, which clearly shows how the final project will respond to a better transition to its neighborhood context, and how the articulation of the facade, scale, and massing will be reconfigured in order to determine the impact of the surrounding area, stipulated under Section 1305 of the Zoning Ordinance. Vice Chairman Sanchez: All right. Does that answer your question, Nina? Ms. West: I don't see how that that's going to protect or enhance it -- City ofMiami Page 222 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Thank you so much. Ms. West: -- because it's the quality of life here -- Vice Chairman Sanchez: Thank you. Ms. West: -- not the architecture. Vice Chairman Sanchez: Madam Counsel, anyone else you'd like to bring up? Ms. Caro: No. Vice Chairman Sanchez: OK. Ms. Caro: Right, and on that note, it's very important to talk about that because -- Vice Chairman Sanchez: In closing, you're recognized. Ms. Caro: Excuse me? Vice Chairman Sanchez: You're recognized. Ms. Caro: Yes, thank you. What the Planning director was just mentioning was that in the actual application, it says, by the time you get your building permits, try to make it so that there's some sort of transition with the neighborhood. We find that 100 percent unacceptable because this is our opportunity to appeal. We need to know now what the transition is, andl don't think that the tran -- andl think the community agrees that this is a transition to the neighborhood. Just because you're -- you can point a little line, you're still going to see this humongous building that doesn't belong in the area, so I don't think that they have really adequately addressed that at all, and actually, in discussions with us, they said, well, there's not enough property to do that anyway, and if we had Miami 21 -- and now I know all day long people have been saying arguments, you know, about it as if it were existence and it's not in existence yet, I know that, but this particular property would probably be a T3, maybe a T4, and your max would then be maybe three stories, maybe top, five, so this is also sliding in under the rug, andl think that if you're going to say that 17th Avenue is going to be some big, you know, corridor, I think you need to all -- let the people know that now and say, OK, this is what I really want to do. This is what we want to do as a city because if you go down 17th Avenue, drive all the way down it, you see mom-and-pop operations. What are you going to do? Are you planning on making large scale all the way to Jackson? I mean, let the people know. I think that's the fair thing to do. What is the plan? Andl know that you were talking, Commissioner Spence -Jones, about you had a plan for your area, so they would like to hear that from you now if that's really what you want to do, but in terms of this neighborhood now as it exists, this building doesn't belong. It doesn't matter if it's affordable housing. It's still going to create this impact, and also -- I also want to note -- this is -- Mr. Pastoriza mentioned 120 feet, and we have sort of had that veiled threat from them that we could build 120-foot office building, and guess what? If it was some sort of office building where people could actually get jobs in the neighborhood, they would prefer that because they'd be getting in their cars and the people that work there going home, or maybe they would get, you know, jobs there. They would like to have, maybe a Walgreen's there or something there. They're not opposed to that. They're opposed to what their neighborhood looks -- Commissioner Spence -Jones: But not for 12 stories. Ms. Caro: Right. The 12 stories, that's -- City ofMiami Page 223 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: But you -- Ms. Caro: --but -- Commissioner Spence -Jones: I'm going to let you finish. Go ahead. Vice Chairman Sanchez: There is -- once you -- Commissioner Spence -Jones: I'm going to let you finish. Vice Chairman Sanchez: -- once she concludes, it is closed. It already has been open. Ms. Caro: Right. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: Once the appellant is -- has concluded, it is over; it comes to the Commission. Ms. Caro: High -density residential is a problem for these folks. I think that we have made that perfectly clear. Vice Chairman Sanchez: I think that is made -- been -- Ms. Caro: OK. Vice Chairman Sanchez: -- very clear. Ms. Caro: All right. I'm concluded. Vice Chairman Sanchez: Thank you so much. Mr. Pastoriza: I don't get to say anything else? Vice Chairman Sanchez: No. You get to say nothing. Mr. Pastoriza: No? Vice Chairman Sanchez: All right. It comes back to the Commission. Commissioner Spence -Jones, you're recognized -- Commissioner Spence -Jones: OK. Vice Chairman Sanchez: -- on this item. Commissioner Spence -Jones: Let me just say this with the last item being left for the night. When -- originally, when this project was being proposed, it was 12 stories high, which is 12 feet, right -- I mean, 12 stories -- Unidentified Speaker: Floors. Vice Chairman Sanchez: Twelve stories. Commissioner Spence -Jones: --floors, right? City ofMiami Page 224 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Twelve stories. Ms. Caro: Yep. Commissioner Spence -Jones: OK, and now it's being proposed at six. Mr. Pastoriza: Seven. Seven stories. Commissioner Spence -Jones: Is it six or seven? Which one is it? Mr. Pastoriza: Seven stories, 68 feet. Vice Chairman Sanchez: Yeah. Commissioner Spence -Jones: OK, seven stories. OK, and originally, it was supposed to be multifamily, correct? I mean, that's what I'm asking. What did they propose? Ms. Caro: Originally, I believe, it was mixed -use. Mr. Pastoriza: It was a mixed -use market rate. Ms. Caro: Market rate. Commissioner Spence -Jones: It was market rate, so it was for, you know -- not necessarily for low-income or -- Ms. Caro: No. Commissioner Spence -Jones: OK, so it went from 12 stories to market rate units in the neighborhood, correct? Unidentified Speaker: Yes. Commissioner Spence -Jones: I'm saying -- Ms. Caro: Yes. Commissioner Spence -Jones: -- it went from that to now it's seven stories -- Vice Chairman Sanchez: All rent affordable. Commissioner Spence -Jones: -- all affordable rentals for seniors in the neighborhood -- Mr. Pastoriza: The elderly. Commissioner Spence -Jones: -- still with retail on the bottom? Mr. Pastoriza: No, ma'am. Vice Chairman Sanchez: No. Commissioner Spence -Jones: OK. All right. Now that was an issue I had and concern I had. Just when I look at the building itself -- Vice Chairman Sanchez: No, they can't do it. City ofMiami Page 225 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: Right. Seventeenth Avenue is a commercial corridor, and the suggestion of it being houses put there or anything along that line, which you mentioned earlier, that's definitely not something) would support. I mean, we don't want to see any houses on our major corridors in Liberty City that's of the wrong fit. Now the reason why I would be even open to it was because I thought it had retail on the bottom, which I know that we need more commercial retail space in my district. Vice Chairman Sanchez: May I just add? Commissioner Spence -Jones: No. Mr. Pastoriza: Commissioner -- Commissioner Spence -Jones: Let me finish. Vice Chairman Sanchez: Go ahead. Commissioner Spence -Jones: OK, so now I'm hearing that that is not a part of this. Now what -- Vice Chairman Sanchez: Could --? Commissioner Spence -Jones: -- also was very attractive to me, which I know, just based upon me winning -- last year, I believe I won eight tax credits, which was very impressive, through the whole State tax credit thing. This year I think) only have in the pot only two, I believe, possible two, which means that's a big fall from what I normally -- I mean, what I had this current year, so -- and) believe 26 was the highest number I got, I believe. I'm not sure. CD (Community Development) is not here, but that's what I've been told. The rest have gone to other districts or other areas outside of the City. I just want to appeal to my neighbors because I know that this is something that you've been very concerned about, and quite frankly, I was very concerned when I personally went to go see this the other day to just -- I went -- like I went to visit everything else, and the place is very, very small. I don't know how you would even remotely think about putting 12 stories -- or how anybody even thought about putting 12 stories on that in the beginning. Six floors -- I still kind of -- six or seven floors, I'm still kind of shaking on it a bit only because I know that the overflow, if it is going to be affordable rentals for families, will be a problem because just as the residents are saying, it would overflow into their neighborhoods, but I do know this for a fact, that I do have a serious senior housing issue in Liberty City. Many of my seniors in Liberty City cannot afford to even pay what they're paying now. That's real, and not one of the -- my residents over here could deny that that's not true. I believe, in Liberty City, I may have one -- just approved another one last year, but maybe two senior housing facilities in Liberty City, the City ofMiami. That's all) have, so as much housing as I need to provide for citizens that are seniors in my district, I'm very open to that. Vice Chairman Sanchez: Can I make -- could) make just one suggestion? If you will allow me? Commissioner Spence -Jones: I mean, I was on a roll, but go head [sic]. Vice Chairman Sanchez: Well, I can make this project -- they can proffer to have commercial -- Mr. Pastoriza: That's what) was -- Vice Chairman Sanchez: -- in the bottom -- Mr. Pastoriza: -- trying -- City ofMiami Page 226 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: -- but think -- because I had it in my district -- well, I had a similar situation in my district. The only thing is that it would be to cater to the residents. You can't have a -- could it be a business -- Mr. Cox: In a C-2, you can (UNINTELLIGBT,F). Mr. Pastoriza: Well, I think that you would probably want -- you know, activate the street -- Vice Chairman Sanchez: -- like a hair salon? Mr. Pastoriza: -- 17th Avenue commercially and have people also from the street come in and -- Vice Chairman Sanchez: Yeah. Mr. Pastoriza: -- participate. Vice Chairman Sanchez: You can have it. Mr. Pastoriza: My architect tells me that he can go back and put in the retail back on the ground floor, make some of the units smaller, and he can do it. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: Could be done. Commissioner Spence -Jones: OK, so that would be really what my issue is. I -- at the end of the day, I ultimately have to be responsible for making sure the -- my residents in my district have decent affordable housing. That's real, and I'm telling you, I -- last year I won eight affordable housing projects. This year I'm only slated for two. If this project wins and it's my only small senior -- my only senior affordable housing project that will be funded through the State tax credits if it wins the lottery, you know, I'm going to have a big issue because I know for a fact the seniors don't have a place to live, so I'm saying to my residents that live in the area that are all seniors -- because most of their comments were really centered around being concerned with people -- whole bunch of people hanging out on the corner of 17th and 53rd, being concerned about that, but I want to ask them -- I mean, how do you turn away 60 units for seniors paying 3 or $400 a month? How do we turn that away? Ms. Canty: My problem is that -- Vice Chairman Sanchez: Ma'am -- Ms. Canty: -- they -- Vice Chairman Sanchez: -- could you just state your name and address for the record. Ms. Canty: All right. Vice Chairman Sanchez: I'll allow you one minute. I think you could -- Ms. Canty: OK. Vice Chairman Sanchez: -- answer the question in one minute, please. Ms. Canty: My name is Lina Canty. City ofMiami Page 227 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: Yes. Ms. Canty: I live at 1559, and they saying senior citizen and for affordable rent -- Commissioner Spence -Jones: Yes. Ms. Canty: -- but 75 percent of black seniors have they son, they daughters, and they grandchildren all living there, but then they -- Vice Chairman Sanchez: But -- Ms. Canty: -- start out saying it's seniors, but the whole family is living there -- Commissioner Spence -Jones: Let me -- Ms. Canty: -- not only seniors. Commissioner Spence -Jones: OK, let me -- Ms. Canty: The whole family is living there -- Vice Chairman Sanchez: Good point. Commissioner Spence -Jones: -- but let me say this -- Ms. Canty: -- not only seniors. Commissioner Spence -Jones: -- Ms. Canty. Vice Chairman Sanchez: You've made your point. Commissioner Spence -Jones: Let me say this, Ms. Canty -- and I'm not really sure how other buildings operate, but do know that, through this particular program, through the State tax credit, they're very strict on who lives in those units -- Vice Chairman Sanchez: Only seniors. Commissioner Spence -Jones: -- very strict, and as a matter of fact, if a senior has families living in their one -bedroom apartments -- because that's what they are -- they will be put out. Unidentified Speaker: By who? Commissioner Spence -Jones: By the folks that are managing the building, the management company that runs the buildings. Now, Nina [sic], you know, I'm always very supportive of everything that you bring to me, but at the end of the day, I do have to make sure I take care of the residents in my area, andl have to tell you this. Almost every other day, I have seniors calling me. I have three in Overtown right now; lady suffering with diabetes. I mean, literally, her -- both legs cut off she has nowhere to live at this particular time. IfI had a unit for her to move in, this would be a blessing for her, and everyday, I have to call her -- every other day, I have to call her to explain away why I can't find a place for her to live, and my seniors list -- I'm not talking about families, but my seniors list is growing every single day. Seniors can't afford to live in houses anymore and pay their taxes and do everything else, so I have to be concerned about that. Now when we go from 12 stories, Ms. Canty, andl respect that, and going to six floors with only 60 units for seniors -- City ofMiami Page 228 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Canty: I just want to ask -- Vice Chairman Sanchez: All right. Ms. Canty: -- a question. Vice Chairman Sanchez: Well, listen, the public hearing -- Ms. Canty: I just want to ask -- Vice Chairman Sanchez: -- is closed. Ms. Canty: -- one question. Vice Chairman Sanchez: No. Ma'am -- Ms. Canty: What is going to put (UNINTET,TIGIBT,F) control -- Commissioner Spence -Jones: No. Let Ms. Canty ask. Go head [sic]. Ms. Canty: -- like Claude Pepper Towers and Ward Towers. Commissioner Spence -Jones: You want -- Ms. Canty: Put a control on it that only seniors can live there and not their families. Vice Chairman Sanchez: Ma'am, I believe -- Commissioner Spence -Jones: And -- Vice Chairman Sanchez: -- you've made your point. Commissioner Spence -Jones: -- yeah, and let me just -- respect Ms. Canty -- Vice Chairman Sanchez: Public hearing -- Commissioner Spence -Jones: -- Commissioner Sanchez. Vice Chairman Sanchez: -- is closed. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: The Commission is addressing -- Commissioner Spence -Jones: OK. Vice Chairman Sanchez: -- and right now, the Commissioner speaking is Commissioner Spence -Jones. Commissioner Spence -Jones: OK. Well, Ms. Canty -- I don't -- I won't call her back up, Commissioner Sanchez -- Mr. Chair -- Vice Chairman Sanchez: Want to call her back up? Commissioner Spence -Jones: No, no, I'm not. I'm just -- City ofMiami Page 229 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Oh. Commissioner Spence -Jones: -- I just wanted to acknowledge her comment. Yes, I would like to make sure that if that is the case and we do do a senior's -- six floor units that are going there for seniors, I want to know that there's going to be management put in place so that we don't have this issue. Mr. Cox: Yes, Commissioners. It's not only management in place and will be a resident manager, but part of the beauty of the tax credit program which funds these type of projects is if I'm out of compliance, meaning ifI have a unit that I rent to an elderly person and there are other people living there, I'm out of compliance. Now the tax credit program is an IRS (Internal Revenue Service) program, and they say that I have to pay back all those tax credits, so I'd have to pay back $20 million, so I cannot afford to be out of compliance, and so it has a great system of checks and balances that we have quarterly inspections, not only by the State, but by all our investors. Commissioner Spence -Jones: OK, and if I can also have them proffer on the -- I don't know if this is passable as a special condition I can put these conditions on -- is there any way that we can have the builder agree to put together, along with the support of the Liberty City Trust and Hadley Homeowners Association, a neighborhood committee or something along that lines where they can have -- provide you with the checks and balances of what's happening in that building in the surrounding areas so that, at least, they have a voice to you, as the building developer, to make sure you correct the issues? Mr. Pastoriza: Yes, ma'am. Commissioner Spence -Jones: Is that something you would --? No. That is something that I'd like to have you offer to do to the residents so people like Ms. Canty, people that live in the neighborhood, members of the Model City Trust, and members of the Model City Homeowners Association can sit on that board, and you guys can sit down -- and if there's an issue, they can say, look, you're out of compliance. This is not happening. We want this corrected. People are parking in front of our houses. At least give the community the voice to know that they have an option, and if there's a problem, someone they can go to if it comes up. Mr. Pastoriza: Let me tell you. May I? Commissioner Spence -Jones: I'm asking Mr. Developer -- Mr. Pastoriza: Yeah. Commissioner Spence -Jones: -- not you, Mr. Gil -- Mr. Pastoriza: Oh. Commissioner Spence -Jones: -- Pastoriza, because you'll be gone after this. Mr. Pastoriza: But I was going to tell you (UNINTET,TIGIBT,F). Commissioner Spence -Jones: Mr. Cox. Mr. Cox: Yes. We'd definitely work with the homeowners association any way we possibly can. We'd engage them in -- and you know, just be totally transparent about operations, management, lease up, and anything we can do. We would enjoy working with them. City ofMiami Page 230 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: OK. Ms. Caro: What if they don't get the tax credits? Commissioner Spence -Jones: OK. Mr. -- Vice Chairman Sanchez: They don't build. Commissioner Spence -Jones: -- can that be a condition also offered? Mr. Fernandez: No. The conditions that you may impose are limited to those conditions that are found in the general categories of the 1305 family of conditions; you know, architecture, pedestrian -oriented, signage, lighting; you know, the conditions you find -- Commissioner Spence -Jones: But can you -- Mr. Fernandez: -- in 1305. Commissioner Spence -Jones: -- keep the conditions to be seniors? Mr. Fernandez: Say that again. Commissioner Spence -Jones: Can you keep the conditions on this to remain a senior building? Like he just added that the -- he just mentioned that this building would be for seniors. Mr. Fernandez: That's a use -- Commissioner Spence -Jones: That's what he proffered today, right? Ms. Caro: He is not the owner of the property yet. He is only going to purchase the property if the special exception goes through, so my question is what happens if he doesn't get his tax credits? Commissioner Spence -Jones: And l just asked. Just as we're going to have a seniors building there, can we have the commitment that a seniors building will always remain on that corner? Commissioner Sarnoff Fifty years. Vice Chairman Sanchez: Fifty years. Mr. Cox: The tax credit compliance period is 50 years -- Commissioner Spence -Jones: Right -- Mr. Cox: -- and we would -- Commissioner Spence -Jones: -- but that's not her question. Ms. Caro: No. Commissioner Spence -Jones: Her question is, let's say you don't win that lottery. Mr. Cox: IfI do not win the lonely, then we do not purchase the property; that's correct. Commissioner Spence -Jones: OK. City ofMiami Page 231 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Caro: But then you already have -- Mr. Pastoriza: Commissioner, if we -- Ms. Caro: -- your change. Mr. Pastoriza: -- don't get the tax credit, we would agree that we would come back with -- in front of this Commission to revisit this special exception. Commissioner Spence -Jones: Oh, that's good. Are you happy with that? Vice Chairman Sanchez: That's -- Ms. Caro: Yes. Commissioner Spence -Jones: That's a great deal. Ms. Caro: Yes. Vice Chairman Sanchez: All right. Mr. Pastoriza: OK. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: OK, not deal; that's a great compromise -- Vice Chairman Sanchez: OK, so are we ready to vote on this? Commissioner Spence -Jones: -- so -- Vice Chairman Sanchez: (INAUDIBT,F) a motion. Commissioner Spence -Jones: -- I would like to make a motion -- you took -- OK, go head [sic]. Vice Chairman Sanchez: Well, the motion I think that you're trying to make -- andl don't want to make a motion for you -- is that you're agreeing with Planning and the original Zoning Board's approval, and you are denying the appeal. Is that what you want to do? Commissioner Spence -Jones: Yes, denying the appeal -- Mr. Fernandez: Correct. In this case -- Commissioner Spence -Jones: -- with the -- Mr. Fernandez: -- the Zoning Board favored -- Vice Chairman Sanchez: Yes. Mr. Fernandez: -- the applicant, and she's the appellant, so you would denying the -- Vice Chairman Sanchez: Yes. Mr. Fernandez: -- appeal and upholding the decision of the Zoning Board. City ofMiami Page 232 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Vice Chairman Sanchez: Agree with the Planning and Zoning original Zoning Board approval - Mr. Fernandez: That's it. Vice Chairman Sanchez: -- and deny the appeal. How -- Mr. Fernandez: That's right. Vice Chairman Sanchez: -- clear --? Mr. Fernandez: Very clear -- Commissioner Spence -Jones: Right, but can I also add the --? Mr. Fernandez: -- and then put the condition that -- Commissioner Spence -Jones: OK, so do we pass that --? Vice Chairman Sanchez: Well, I believe you also -- because I'm a little confused here, but you got some conditions. Commissioner Spence -Jones: Right. Vice Chairman Sanchez: OK. Commissioner Spence -Jones: -- with these conditions attached to them? Mr. Fernandez: Yes, with the condition that -- Commissioner Spence -Jones: And the conditions are? Mr. Pastoriza: If we do not get the tax credit -- Commissioner Spence -Jones: No, no, no, no, no, no. First, start with the six stories for seniors. Mr. Pastoriza: Oh, no. Yeah. This is a seven -story, 68-foot building. Commissioner Spence -Jones: OK. Mr. Fernandez: That is a -- Commissioner Spence -Jones: For seniors? Mr. Fernandez: -- valid condition. Mr. Pastoriza: For seniors, correct. Commissioner Spence -Jones: OK -- Mr. Pastoriza: For seniors. Commissioner Spence -Jones: -- so you're proffering that on the record? City ofMiami Page 233 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Pastoriza: Yes, ma'am. Commissioner Spence -Jones: OK. Commissioner Sarnoff Yeah, yeah, yeah. Commissioner Spence -Jones: Now, if that does not happen then? Mr. Pastoriza: We will come back before this Commission and revisit the special exception. Vice Chairman Sanchez: He's already proffered that on the record. There is a motion. Is there Commissioner Spence -Jones: Madam Attorney, are you -- Vice Chairman Sanchez: -- a second? Commissioner Spence -Jones: -- OK with that? Ms. Caro: Can I just have one moment? Commissioner Spence -Jones: Sure. Mr. Lavernia: With Planning original conditions to the special exception. Commissioner Spence -Jones: Yes. Mr. Lavernia: You have to put it on the record. Mr. Fernandez: With all the existing conditions that already part of the -- Commissioner Spence -Jones: With all of the existing conditions that are on the record, including the retail on the bottom. Mr. Pastoriza: Yes. Vice Chairman Sanchez: All right. Let the record reflect that I have passed the gavel to Commissioner Sarnoff. He is running the -- Commissioner Sarnoff This is it now. Vice Chairman Sanchez: -- he's running the show now. Commissioner Sarnoff I'm untrained, but -- Vice Chairman Sanchez: All right. There's a motion that has been on the floor, and guess will second it. Ms. Caro: I just want to make sure that we're still going with the retail on the -- Vice Chairman Sanchez: Yes. Ms. Caro: -- first floor as well. Mr. Pastoriza: Yes, ma'am. City ofMiami Page 234 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Spence -Jones: Yes. Ms. Caro: OK. All right. Vice Chairman Sanchez: OK. Are we clear? Commissioner Spence -Jones: We're clear. Ms. Caro: We're clear. Vice Chairman Sanchez: Crystal clear. All right. There's a motion -- Commissioner Spence -Jones: So what do we do? Vice Chairman Sanchez: -- and a second. It is a resolution. Commissioner Sarnoff It is -- Mr. City Attorney, you want to read it in? Vice Chairman Sanchez: No. It's a resolution. Mr. Fernandez: No. It doesn't have to be read. Commissioner Sarnoff Oh. It's a -- Vice Chairman Sanchez: All in favor. Commissioner Sarnoff -- resolution. I'm sorry. Vice Chairman Sanchez: All in favor. Commissioner Sarnoff So, all in favor, say "aye." All opposed? No. Mr. Pastoriza: Thank you. Good night. Vice Chairman Sanchez: OK. There's -- Ms. Caro: Good night. Vice Chairman Sanchez: -- one "no." He voted no. Commissioner Sarnoff Correct. Mr. Fernandez: That's right -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- but it still passed PZ.23 06-01720ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY RUBEN MATZ ("APPELLANT") AND AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DENIED A CERTIFICATE OF APPROPRIATENESS FOR THE INSTALLATION OF HEDGES NOT IN COMPLIANCE WITH AN City ofMiami Page 235 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 APPROVED CERTIFICATE OF APPROPRIATENESS FOR THE PROPERTY LOCATED AT 714 NE 59 STREET, MIAMI, FLORIDA, WITHIN THE MORNINGSIDE HISTORIC DISTRICT, MIAMI, FLORIDA. 06-01720ha Aerial Map.pdf 06-01720ha Appeal Letter.pdf 06-01720ha HEPB Reso 2006-74.pdf 06-01720ha HEPB Fact Sheet 09-05-06.pdf 06-01720ha HEPB Fact Sheet 03-19-02.pdf 06-01720ha HEPB Fact Sheet 11-21-00.pdf 06-01720ha HEPB Fact Sheet 02-18-97.pdf 06-01720ha HEPB Reso 93-12.pdf 06-01720ha HEPB Reso 91-44.pdf 06-01720ha Application & Pictures.pdf 06-01720ha Legislation (Version 2).pdf 06-01720ha Legislation (Version 3).pdf 06-01720ha CC Fact Sheet 01-25-07.pdf Morningside Hedges Appeal Update with Hedges Photos.pdf 06-01720ha Fact Sheet 02-08-07.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-07-0247 Chairman Gonzalez: I'm going to move to PZ.23, which is an appeal. The decision -- Adrienne Pardo: We can't hear -- Chairman Gonzalez: -- of the -- Ms. Pardo: -- 18? Chairman Gonzalez: -- district Commission -- Pardon me? Vice Chairman Sanchez: Wait, wait. You can't make a motion. You have to pass the gavel. Chairman Gonzalez: I'm not making a motion. I'm saying I'm moving to PZ.23. Just listen to what I'm saying. PZ. 23, the district Commissioner said at the last hearing in this item, that whenever this item came back, it was only to be voted on, up or down, so that's what we're doing today. Anyone here on PZ. 23? Good afternoon. Louise Caro: Good afternoon. Jorge L. Fernandez (City Attorney): Well -- Ms. Caro: That was -- Chairman Gonzalez: Your name and address for the record. Ms. Caro: Louise Caro -- Gilberto Pastoriza: We're 22. City ofMiami Page 236 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Caro: -- 3683 Avocado. Mr. Pastoriza: We're 22. Ms. Caro: Oh, we're 22? Mr. Pastoriza: Yes. Ms. Caro: Oh, I'm sorry. Mr. Fernandez: Yeah -- Chairman Gonzalez: PZ.23. Mr. Fernandez: -- and PZ. 23, if all that you're doing is -- Chairman Gonzalez: Is -- Mr. Fernandez: -- voting, you need not opening it up to the public. Chairman Gonzalez: Exactly. Mr. Fernandez: It's only amongst yourselves. Chairman Gonzalez: No, no, no, because the instructions was that the appellant was supposed to go back and meet with the Conservation [sic] Board or -- and then to see if they can come to an agreement and then come back and report to the Commission -- Mr. Fernandez: From staff -- you will -- Chairman Gonzalez: -- and then based on that. Mr. Fernandez: -- get a report -- Chairman Gonzalez: Right. Mr. Fernandez: -- from staff. Chairman Gonzalez: Yes, ma'am. Good afternoon. Kathleen Kauffman (Preservation Officer): Thank you, Mr. Chairman, fellow Commissioners. Vice Chairman Sanchez: Not you again. Ms. Kauffman: It is. It is me again. It's Kathleen Kauffman, Preservation Officer, City of Miami. Actually, at the last Commission meeting that I came to, Commissioner Sarnoff had to leave, and that's why we were deferred to this meeting. Chairman Gonzalez: Right. Ms. Kauffman: The issue at hand is that the subject property went to the Preservation Board in 2000. Chairman Gonzalez: We know the history. City ofMiami Page 237 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Kauffman: OK. Chairman Gonzalez: We know the entire history. The -- what we're here for today is to know if the Preservation Board came to an agreement with the owner of the property -- Ms. Kauffman: The guide -- Chairman Gonzalez: -- if the -- Ms. Kauffman: -- lines have -- we have met with the Morningside Civic Association, and they have the revised guidelines. Nowhere in the revised guidelines does it talk about 15-foot hedges. Commissioner Sarnoff No. Kathleen, you're -- he's asking a different question. He's asking you have you ever been able to arrive in an agreement, some compromised position. Ms. Kauffman: The highest that the proposed guidelines -- Commissioner Sarnoff No, no. We -- Ms. Kauffman: -- would be would be six feet. Commissioner Sarnoff I understand. Ms. Kauffman: Currently -- Commissioner Sarnoff The Chairman's question is, have you been able to resolve this? Ms. Kauffman: No. Commissioner Sarnoff OK. I'll make a motion to deny the appeal. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second to deny the appeal. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Done deal. Ms. Kauffman: Thank you. PZ.24 07-00281 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE ATTACHED COCONUT GROVE RAPID TRANSIT ZONE DEVELOPMENT STANDARDS, LOCATED WEST OF SOUTHWEST 27TH AVENUE, EAST OF SOUTHWEST 29TH AVENUE AND BETWEEN SOUTHWEST 27TH TERRACE AND US1, MIAMI, FLORIDA, FOR CONSISTENCY WITH THE COCONUT GROVE RAPID TRANSIT ZONE DEVELOPMENT MASTER PLAN AND ADOPTION OF THE DEVELOPMENT STANDARDS, PURSUANT TO ARTICLE 4 OF ZONING ORDINANCE NO. 11000, AS AMENDED; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND City ofMiami Page 238 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 PROVIDING FOR AN EFFECTIVE DATE. 07-00281 - PAB Recommendation for master Plan Dev. for CGRTZ.pdf 07-00281 Aerial Map.pdf 07-00281 PAB Reso.PDF 07-00281 CC Master Plan Development Standards.pdf 07-00281 CC City of Miami Letter.pdf 07-00281 CC City of Coral Gables Letter.pdf 07-00281 CC School Impact ReviewAnalysis.pdf 07-00281 CC Legislation.pdf 07-00281 CC Master Plan Development Standards.pdf 07-00281 CC Fact Sheet 04-26-07.pdf 07-00281 CC Fact Sheet 05-24-07.pdf LOCATION: Approximately West of SW 27th Avenue, East of SW 29th Avenue and Between SW 27th Terrace and US1 [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission {due to the lack of sufficient detail of: 1) Workforce housing; 2) Public participation; 3) Design standards; 4) Affordable housing; and 5) No maximum F.A.R.} on March 7, 2007 by a vote of 7-0. PURPOSE: This will adopt the proposed Coconut Grove Rapid Transit Zone Development Standards. CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez and Commissioner Regalado absent, to continue item PZ.24 to the City Commission meeting currently scheduled for May 24, 2007. Commissioner Sarnoff Mr. Vice Chair. Vice Chairman Sanchez: Sir, you're recognized for the record. Commissioner Sarnoff We're up to PZ.24. I've been advised this is a time -sensitive issue, but -- Commissioner Spence -Jones: Actually, we're at PZ.22. Gilberto Pastoriza: 22, yes -- Vice Chairman Sanchez: Yeah. Mr. Pastoriza: -- sir. Vice Chairman Sanchez: Let's -- well, Commissioner -- City ofMiami Page 239 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Mr. Pastoriza: I have to, Commissioner. Vice Chairman Sanchez: Counsel. Mr. Pastoriza: Oh, I'm sorry. Vice Chairman Sanchez: Commissioner, you're recognized, if you have something you want to addonPZ.24. Commissioner Sarnoff Yeah. PZ. 24, I was under the impression, was a time -sensitive issue. We have to get back to the County, but I'm told that if we continued PZ.24, we would still be within the 60 days. I'm pretty much at my end. I don't know how you guys feel, so I'm going to ask to continue PZ. 24. Lourdes Slazyk (Zoning Administrator): It's not -- Commissioner Sarnoff Cannot do it? Ms. Slazyk: -- time -sensitive. There's no 60-day rule. Commissioner Sarnoff There is no 60-day rule. OK, so I'm going to ask then that we continue PZ.24 -- I think I'm using Madam Clerk's correct term -- to the next Commission so that we can do the same thing all over again, and -- Vice Chairman Sanchez: The proffer is to continue -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- the item. There's a motion and a second -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- on the item to continue to the next regular PZ (Planning & Zoning) agenda. Priscilla A. Thompson (City Clerk): May 24. Mr. Pastoriza: May I -- Vice Chairman Sanchez: May 24. Mr. Pastoriza: -- Mr. Chairman? Vice Chairman Sanchez: Before you do that -- I think that's appropriate to do because we have two Commissioners that aren't here. The Chair is not here, and Commissioner Regalado, apparently, his wife is in the hospital and he had to leave, so I think it is the prudent thing to do. I hope both sides could agree on it. Mr. Pastoriza: Can I offer a friendly amendment to your -- Vice Chairman Sanchez: Whoa, whoa, whoa, whoa. Mr. Pastoriza: -- motion, Commissioner? Vice Chairman Sanchez: Whoa, whoa, hold on, so what amendment -- City ofMiami Page 240 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Sarnoff All right. Mr. Pastoriza, what do you -- Vice Chairman Sanchez: -- would you like to add to this? Commissioner Sarnoff -- have? Mr. Pastoriza: I would propose, if that's the wish of this Commission, to at least, give us a date - - a time certain -- Commissioner Sarnoff Well, see -- Mr. Pastoriza: -- because there is -- Commissioner Sarnoff Mr. Pastoriza -- Mr. Pastoriza: -- a whole room here of people that -- Commissioner Sarnoff -- I want you to know our new Bible. Now we're not overly intelligent here. We have three things we're allowed to do; we can withdraw; we can defer, or we can continue. Mr. Pastoriza: Right. Commissioner Sarnoff Madam Clerk knows when I say continued that that means the next -- Ms. Thompson: May 24. Commissioner Sarnoff -- Planning and Zoning agenda. Mr. Pastoriza: I understand, but can I have a -- Commissioner Sarnoff Time certain. Mr. Pastoriza: -- time certain? Vice Chairman Sanchez: That would be a request through the Chair -- Commissioner Sarnoff Chairman. Vice Chairman Sanchez: -- and the Chair's not -- Mr. Pastoriza: Through the Chair. Vice Chairman Sanchez: -- here right now. Mr. Pastoriza: Oh. No. Well, you're the -- Vice Chairman Sanchez: No. The Chair's not -- Mr. Pastoriza: -- Chair, no? Vice Chairman Sanchez: -- here right now. He is the Chair; I'm the Vice Chair. Mr. Pastoriza: And listen -- City ofMiami Page 241 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Commissioner Sarnoff That's a -- Mr. Pastoriza: -- there's a lot of people here -- Commissioner Sarnoff I hear you. Mr. Pastoriza: -- from both sides -- Commissioner Spence -Jones: OK. Mr. Pastoriza: -- and it's only fair -- Commissioner Spence -Jones: Which item are we talking about now? Commissioner Sarnoff PZ.24. Commissioner Spence -Jones: Oh, 24. Vice Chairman Sanchez: All right. There's a motion to continue PZ.24 -- Unidentified Speaker: Just for -- Vice Chairman Sanchez: -- and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We'll see you all on the 24th. Felice Dubin: You can't give us a time? Because -- Commissioner Sarnoff You have -- it's above our pay grade. You really have to go to the Chairman. Vice Chairman Sanchez: You would have to contact -- Ms. Dubin: OK. Vice Chairman Sanchez: -- the Chair, and the Chair would schedule a time certain. We apologize, once again. The burden is a tough one, but once again, this -- Ms. Dubin: I just want you to know that my speech started with thanking you by putting us on the agenda after 5 o'clock. Vice Chairman Sanchez: Well, you know -- Ms. Thompson: I'm sorry. I'm losing -- Vice Chairman Sanchez: Felice. Ms. Thompson: -- my -- Commissioner Sarnoff Felice. City ofMiami Page 242 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 Ms. Thompson: -- names, please. Commissioner Sarnoff Felice Dubin. Ms. Thompson: Thank you. Ms. Dubin: Oh, sorry. Vice Chairman Sanchez: All right, so we look forward to seeing you here at the next -- Commissioner Sarnoff Somewhere on Bayshore Drive. Vice Chairman Sanchez: -- PZ. Unidentified Speaker: Thank you, all of you. Ms. Dubin: 2345. Vice Chairman Sanchez: OK. All right. Let's finish -- OK, let's finish the Commission meeting. Is there any other item that we have not taken any action, Madam Clerk? Commissioner Spence -Jones: We're on PZ. 22. Ms. Thompson: 22. Vice Chairman Sanchez: All right. Let's go to PZ.22. We apologize. We will see you at the next PZ meeting. Louise Caro: It's not me; it's them. Vice Chairman Sanchez: PZ.22 is yours? Ms. Caro: Yes. Commissioner Spence -Jones: No. Ms. Caro: I'm PZ.22. It's -- Vice Chairman Sanchez: OK. Ms. Caro: -- last thing. Vice Chairman Sanchez: All right. Let me just get to that, and Madam Clerk, just for the record, is that the last item? Commissioner Spence -Jones: Yes. Ms. Thompson: According to my record, yes. Commissioner Spence -Jones: Pocket item. Vice Chairman Sanchez: OK. Oh, and then pocket items, if we have any pocket items. Hopefully, we won't have any pocket items. NON -AGENDA ITEMS City ofMiami Page 243 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 NA.1 07-00580 NA.2 07-00561 District 4- Commissioner Tomas Regalado DISCUSSION ITEM DISCUSSION CONCERNING COMPLAINTS FROM RESIDENTS REGARDING ANTONIO MACEO PARK. DISCUSSED Direction by Chairman Gonzalez to the City Manager to address the concerns expressed by residents regarding issues at Maceo Park. Chairman Gonzalez: On the same note of talking about parks, Mr. Manager. Mr. Manager, I just got two complaints yesterday from neighbors ofMaceo Park that use that park to exercise and to just calm themselves, and we're having serious problems at that park with people drinking in the park; also couples going into the park and doing obscene acts in their cars; youngsters riding on bikes -- on motorbikes inside the park. We have a lot of seniors that go there to exercise and to relax, and we need to take control of that. We had a park attendant there that he wasn't doing a great job, but at least he was doing part of his job. He was changed; now we have a new park attendant, and even we're starting to see papers all over the park, and you know -- so I ask you to please talk to the park manager, and you know -- if we need to go over there, I'll be more than happy to go with you and the Park director, but we need to take care of business. Unidentified Speaker: Yes. Pedro G. Hernandez (City Manager): We'll take a look at it -- Chairman Gonzalez: All right. Mr. Hernandez: -- sir. Chairman Gonzalez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, FOR THE FOURTH ANNUAL DRAGON BOAT RACE; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. 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 R-07-0238 Chairman Gonzalez: All right. Moving on on the blue pages, Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. I have three quick items, and all of them have to do with events in the City ofMiami. There's one thatl tried to get on the agenda, but if you allow me, I will start with that one. On May 5, the Dragon Boat Festival will be held in Brickell Key, and last year, this festival, which is free for the people, raise $72, 000 for the American Red Cross, and this year all the proceeds will be donated to the University of Miami Comprehensive Concert Research Center through the Joan G. Gaines Breast Cancer Research Fund. It is interesting that we will have teams, rowing teams, from California, Georgia, New York, and Tampa, but we will have also 50 women, all of them survivors of breast City ofMiami Page 244 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 cancer, from Canada, who will be rowing in the dragon boat race. This is a very good event. They do have expenses with the Police and Fire and permits, so my resolution is authorize the allocation of funds, in an amount not to exceed $5, 000, for the dragon boat race; allocating funds from the District 4 special events account code number. That will be my motion. Chairman Gonzalez: All right. Commissioner Sarnoff 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. NA.3 07-00579 DISCUSSION ITEM CHAIRMAN GONZALEZ RECOGNIZED THE ATTENDANCE OF RAUL MARTINEZ, FORMER MAYOR OF THE CITY OF HIALEAH, AT TODAY'S MEETING. DISCUSSED Chairman Gonzalez: If you allow me a second, I would like to recognize the presence in our chambers of the Hialeah ex -mayor, Honorable Raul Martinez. Welcome, Mr. Mayor. OK. NA.4 07-00574 RESOLUTION Districts- A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE Commissioner CITY MANAGER TO WAIVE ANY SERVICES FEES ASSOCIATED WITH Michelle THE LITTLE HAITI ROOTS CARNIVAL BEING HELD MAY 5, 2007, AT Spence -Jones NORTH MIAMI AVENUE AND 59TH STREET, MIAMI, FLORIDA, FROM 2:00 PM-11:00 PM. Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado R-07-0250 Commissioner Spence -Jones: All right. Let me just mention this real fast. I've got a pocket item to close out. What do we do? Unidentified Speaker: Excuse me? Jorge L. Fernandez (City Attorney): There's a pocket item. Commissioner Spence -Jones: I have a pocket item. Unidentified Speaker: Oh, you have a pocket item? Mr. Fernandez: It's a pocket item -- Commissioner Spence -Jones: This is just a pocket item. I want to ask for the Commissioners' support. Knock, knock, knock, knock, knock, knock. OK. City ofMiami Page 245 Printed on 5/21/2007 City Commission Meeting Minutes April 26, 2007 MOTION TO ADJOURN The Resolution was read by title into the public record by the City Attorney. Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. Oh, no. I'm the Chair. Commissioner Sarnoff Second. Vice Chairman Sanchez: All right. There's a motion and a second. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We need a motion to adjourn. Commissioner Spence -Jones: Motion to adjourn Unidentified Speaker: Second. Commissioner Spence -Jones: -- second. Vice Chairman Sanchez: OK. There's a motion and a second. All in favor, say "aye." The Commission (collectively): "Aye." Vice Chairman Sanchez: Meeting's adjourned. A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously, with Chairman Gonzalez and Commissioner Regalado absent, to adjourn today's meeting. City ofMiami Page 246 Printed on 5/21/2007