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HomeMy WebLinkAboutCC 2007-11-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Friday, November 9, 2007 10:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes November 9, 2007 Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. Present: Chairman Gonzalez, Commissioner Sarnoff, Vice -Chairman Sanchez and Commissioner Regalado Absent: Commissioner Spence -Jones On the 9th day of November 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 11:19 a.m., recessed at 12:17 p.m., reconvened at 2: 39 p.m., recessed at 2: 59 p.m., reconvened at 4: 01 p.m., recessed at 4: 01 p.m., reconvened at 4: 06p.m., and adjourned at 4: 06p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk PLANNING AND ZONING ITEM(S) Chairman Gonzalez: All right. Mr. City Attorney, would you read the procedures for the Planning & Zoning meeting? Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, members of the Commission, members of the public, we will now begin the Planning & Zoning items. I will read the procedures that will be followed during this portion of the meeting. PZ (Planning & Zoning) items will proceed as follows. Before the PZ agenda is heard, all those wishing to speak will be sworn in by the City Clerk. First, staff will briefly describe the request, whether it's an appeal, a special exception, a vacation, text amendment, zoning change, land use change, or a MUSP (Major Use Special Permit), and make its recommendation. Then the appellant or the petitioner, as the case may be, will present their request. The appellee, if there is one, or the opposition, if there is, will make its presentation likewise. After that happens, then it's open to members of the public who will be permitted to speak on these petitions. Anyone may ask questions of a presenter, but all of the questions, or cross-examination, if you will, must be done through the Chair. At the end -- at the conclusion, the appellant or the petitioner will be permitted to make final comments. Mr. Chair, it will be appropriate for you to set the parameters with regards to the time allotted to the presenter and to the opposition, as well as time allotted for individual members of the public who wish to speak. When you get to PZ.6, I have some additional information that I need to read into the record by way of giving you guidance as to how to proceed with that item. You -- turning it over to you, Mr. Chairman. Chairman Gonzalez: Thank you. Madam City Clerk, will you do swearing in? Priscilla A. Thompson (City Clerk): If you are here and you will be speaking on any of the P&Z items, I need you to please stand and raise your right hand so that can administer the oath. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Gonzalez: All right. Attorneys on both sides of each item will be allowed equal City ofMiami Page 2 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 amount of time. General public will be given three minutes each person that wants to speak on any of the items. Please try to stay within the time allowed so I don't have to be interrupting you or I don't have to -- you don't force me to shut down the mike, so if the attorney speaking for the development uses ten minutes, the other side will use ten minutes. General public, once again, will be allowed three minutes to each speaker. PZ.1 04-00897cm RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT") DATED OCTOBER 20, 2004 AND RECORDED IN OFFICIAL RECORDS BOOK 22923, PAGES 3035-3038, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2255, 2263 AND 2295 SOUTHWEST 37TH AVENUE, 3685 AND 3695 SOUTHWEST 23RD STREET, AND 3672 AND 3688 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A", IN ORDER TO AMEND CERTAIN SECTIONS OF THE COVENANT IN THE MANNER DESCRIBED THEREIN. 04-00897cm Zoning Map.pdf 04-00897cm Aerial Map.pdf 04-00897cm Letters of Intent & Application Documents.pdf 04-00897cm Comparison Chart.pdf 04-00897cm 2004 Declaration of Restrictive Covenant & 2004 Plans.pdf 04-00897cm 2007 Amended Declaration of Restrictions.pdf 04-00897cm Legislation.pdf 04-00897cm Exhibit A.pdf 04-00897cm Exhibit B.pdf 04-00897cm Fact Sheet.pdf LOCATION: Approximately 2255, 2263 and 2295 SW 37th Avenue, 3685 and 3695 SW 23rd Street, and 3672 and 3688 SW 22nd Terrace [Commissioner Tomas Regalado - District 4] APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Statvel Three, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow a modification to the existing covenant because of a change to the previously approved architectural plans. Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0655 Chairman Gonzalez: All right. PZ.1. Are we ready for PZ.1? Vice Chairman Sanchez: This is going to be easy, right? City ofMiami Page 3 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Adrienne Pardo: Yes. Roberto Lavernia (Chief of Land Development): Good morning. For the records [sic], Roberto Lavernia, with the Planning Department. In 2004 there was a land use and zoning change request for some properties part of this application for the Residence [sic] at Douglas project. It was not a Major Use, just a land use and zoning change, and as part of the zoning change, the applicant offer a covenant restricting themself [sic] to that specific project with a specific set of plan. Now they are trying to change the project. It was a residential project; that they are trying to do a mixed -use project, mainly office in this moment. They has [sic] been working with the Planning Department, and they complied with all the requirements at the specific previous covenant set of plan, and the Planning Department is in agreement with the project. Thank you. Chairman Gonzalez: You're welcome. Hi. Ms. Pardo: Hello. My name is Adrienne Pardo, with law offices at Greenberg Traurig, 1221 Brickell Avenue. I'm here today on behalf of the property owner, Statvel Three, LLC. The owner with me here today is Mr. Henry Pino. Also with me here today is Robert Behar, the architect, with Behar Font & Partners, PA Architects, and Rick (UNINTELLIGIBLE) with his office, as well. First, I'd like to congratulate everyone on the elections. Congratulations. Chairman Gonzalez: Thank you. Ms. Pardo: Nice to see you all. This property is located at 2263 Southwest 37th Avenue. It's on Douglas Road, between 22nd Terrace and 23rd Street. It's where the Rex Art used to be located. Probably everyone remembers it based on that. It's on the City border, across the street from the City of Coral Gables. This is a proposed mixed -use building with office, ground floor retail, and nine residential units that line the parking garage on the northeast and south sides. In 2004 this project was approved as a residential building, and a covenant was given at -- by the property owner at that time stating that it would be built and designed per those plans on file. Mr. Pino bought the property about a year ago, and he looked at the market and he looked at the plans, and he felt that an office -- a mixed -use office building would be much better for this location for the market right now, and that's why we're before you today, but we've been working with Mr. Pino, and the architects have been working with the City's Planning Department for the past year with regards to designing the plans, making sure that all of the important key elements that were important when it got approved the first time remained in the project, which they have done, and Planning Department has been favorable with regards to this amendment. They like the project. They like the fact that they've internalized the zoning. The units are lining three sides of the building. The front has retail on the ground floor. The drop-off was internalized, andl have a comparison chart -- I also have the architect here, who can walk you through it, and we have a comparison chart, if you'd like me to go through it, from the building that was approved to the one being proposed and the benefits that this project now provides. I'm happy to do that. Okay. I will do that. We have here, with regards to the height of the building, the building is towards 37th Avenue, where you have your main commercial corridor, so the height of the building has come down approximately 30 feet in height. The open space of the project -- 9,000 is required open space; they're providing 20,000, and the prior approved project had 15,000, so they've increased that. With regards to the square footage of the building, it's about 20,000 square feet less than what was originally being proposed, and it's approximately 40,000 square feet less than what would be permitted, pursuant to the FAR (floor area ratio) that's allowed on the particular project. At this point in time I'd like to ask the architect if he'd like to walk you through it a little more and go through the highlights of the building and why we're requesting the approval. City ofMiami Page 4 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Robert Behar: Good morning. Robert Behar, Behar Font & Partners, 4533 Ponce de Leon. First, let me start by saying that we have lowered the overall height of the building from 194 feet to 168 feet, and secondly, we have reduced the floor area from 198,000 to 175, 000. Of the 175, 000, 162,000 is office. Something more important what we have done, working in conjunction with your Planning Department, who has been very instrumental, very helpful during this whole process, we have -- the project originally was approved as such. On 37th Avenue we had porte cochere drop-off in the front of the building on 37, and the building was setback. What we have done, we have taken that drop-off internalize it, pushed the building forward, and created an open plaza area on the front of the building, making it more attractive and internalized all the services, all the drop-off including we're looking to do a bank -- and even the drop -- the drive -through all internalized, so you don't see any of it. In addition, we have maintained the residential units along the back to buffer the entire garage. This is the previous elevation that was approved -- by the way, we were not the architect to that project, so I want to make sure we -- for the record. The drop-off was eliminated You could see there the height of the building, and what we have done -- we're doing a new, green building that is more towards the front instead of pushing it to the back. Again, the comparison -- the square footages, which we reduced the area, and we have reduced significantly the height of the building, in my opinion, making it a much more attractive project. Thank you. Ms. Pardo: Can I add --? Let me add one other thing. With regards to the prior approval and the covenant that was submitted at that time, the reason it was submitted, it was so that the project would be approved at that time, and they wanted to make sure they showed the Commission and the Planning Department what the building was going to look like, so now because of the market and more of a need for office, they've decided to change the program, and with that change, they needed to, you know, come back here and request the approval, but we've kept all of the key elements that we felt were important, that the Planning Department felt were important, plus, they added to that. Chairman Gonzalez: Thank you. All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. All right. Seeing none, hearing none, the public hearing is closed It comes back to Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman, and I think it's a very intelligent decision, what you've done. Everybody knows the market for housing is having difficulties, and the fact that you redesigned the building -- so I only have one question, not regarding to this, but to Mr. Pino. Any news on [sic] the future of the shopping center on 37 and 16? Henry Pino: That -- Henry Pino, 6864 Southwest 68th Street. That property was sold December of last year to another group who intends to develop the site. I don't know anything else about that at this point. Commissioner Regalado: Okay. Mr. Pino: Yeah. Commissioner Regalado: I -- we're just trying to find out because it's -- I know that you first developed that, but we have a situation with that property now that, Mr. Manager, we need to address. We have cranes right next to residential area, and the people are really, really -- and it's abandoned. The cranes are abandoned. Should we have any wind over 40 miles, it would be a tragedy with those equipment there, so thank you for the information. I did not know that you have sold that, so Mr. Chairman, I move to approve PZ.1. Vice Chairman Sanchez: Second. City ofMiami Page 5 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Chairman Gonzalez: All right. We have a motion, and we have a second, and it is -- Vice Chairman Sanchez: It's a resolution. Chairman Gonzalez: -- it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. PZ.3. Ms. Pardo: Thank you very much. Vice Chairman Sanchez: Great presentation. Chairman Gonzalez: You're welcome. Vice Chairman Sanchez: I hope you're not paying your architect by the hour. PZ.2 07-00542ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL FILED BY GILBERTO PASTORIZA, ESQ. ("APPELLANT"), AND AFFIRMING OR REVERSING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED THE LITTLE HOUSE IN YE LITTLE WOOD LOCATED AT APPROXIMATELY 3848 LITTLE AVENUE, LOT 19 ONLY, AS A HISTORIC SITE. 07-00542ha Appeal Letter.pdf 07-00542ha Appeal Update.pdf 07-00542ha Aerial Map.pdf 07-00542ha HEPB Reso.pdf 07-00542ha HEPB Vote Sheet.pdf 07-00542ha HEPB Submittals.pdf 07-00542ha HEPB Fact Sheet.pdf 07-00542ha City Attorney's Office Designation Opinion.pdf 07-00542ha Designation Report.pdf 07-00542ha Legislation (Version 2).pdf 07-00542ha Legislation (Version 3).pdf 07-00542ha 11-09-07 Fact Sheet.pdf LOCATION: Approximately 3848 Little Avenue, Lot 19 Only [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Gilberto Pastoriza, Esquire, on behalf of Joshua M. Goldberg, Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and approval of the historic designation. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved the historic designation on April 3, 2007 by a vote of 5-0. PURPOSE: The approval of this appeal will not designate the above property City ofMiami Page 6 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 as a historic site. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Spence -Jones absent, to defer Item PZ.2 to the City Commission meeting currently scheduled for January 24, 2008 as the first item on the agenda at 10: 00 a.m. Chairman Gonzalez: All right. PZ.1 will be the first item. Tony Recio: Mr. Chair, I have a request for a deferral. Chairman Gonzalez: All right. Priscilla A. Thompson (City Clerk): Your name, please? Mr. Recio: Oh, I'm sorry. For the record, my name is Tony Recio, with law office at 2525 Ponce [sic] Boulevard, Suite 700. Vice Chairman Sanchez: PZ.1 ? Adrienne Pardo: No, no, not PZ.1. Mr. Recio: No, not PZ.1. Chairman Gonzalez: Not PZ.1 ? Mr. Recio: This is a request for a deferral of the item PZ.2. Chairman Gonzalez: PZ.2, okay. Mr. Recio: Yeah. The attorney of record, Gilberto Pastoriza, was not available to attend; had an emergency -- Vice Chairman Sanchez: No, no. Mr. Recio: -- matter to attend to. Like to ask for a deferral ofPZ.2 to the next available agenda. Chairman Gonzalez: Okay. Can we have a motion for deferral of PZ. 2? Vice Chairman Sanchez: Who's here for PZ.2? Commissioner Regalado: Wow. Too many people here for PZ -- Vice Chairman Sanchez: This item has been deferred. Commissioner Sarnoff No, it hasn't been deferred -- Vice Chairman Sanchez: No? Commissioner Sarnoff -- hasn't come up before, but -- it hasn't actually come to the agenda before. How many people are here? Commissioner Regalado: Wow. City ofMiami Page 7 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Sarnoff And the attorney you said that's going to handle this is not here? Mr. Recio: Mr. Pastoriza, yes. Commissioner Sarnoff All right. I have to do this the way a judge would do this. The judge would grant one continuance. You haven't had to sit here once. Can we get a date certain on this? Joyce Landry: May I say something -- Commissioner Sarnoff Yes. Ms. Landry: -- representing the Ye Little Wood Neighborhood Association? This attorney -- Ms. Thompson: Your -- I'm sorry. Your name, please, ma'am? Ms. Landry: Joyce Landry, sorry. Ms. Thompson: I'm sorry? Ms. Landry: Joyce Landry. Ms. Thompson: Thank you. Ms. Landry: Thank you. This is the fourth time that we have been here. This is the fourth time that it's been -- not -- Commissioner Sarnoff I'm not -- Ms. Landry: -- we haven't been -- that it's been deferred, excuse me. It's the fourth time that it was up on the list to be considered and -- Vice Chairman Sanchez: On the agenda. Ms. Landry: On the agenda, thank you, and that the attorney, at the last minute, has backed out; four times. Commissioner Sarnoff I'm not -- since I've been here, I've never seen this group here before. Ms. Landry: No. I'm saying that it was on the agenda four times. Commissioner Sarnoff No. I -- you've been inconvenienced by being here, and that is the inconvenience I'm trying to avoid. Ms. Landry: Right. Commissioner Sarnoff Something coming up on the agenda, at least you had the opportunity to know not to come. I would do this the way a judge would do it. A judge would grant the lawyer one continuance with people showing up. I think I have to show him that courtesy. I will not grant -- or I will not move for a continuance again, probably for any reason, unless there's a sudden emergency or something like that. I respect the fact that you all are here. I was not aware the lawyer was not going to be here, so that's why I'm asking can we get a date certain so everybody knows --? And if you don't want to do this before Christmas, if it can be City ofMiami Page 8 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 done before Christmas -- Ms. Landry: We would prefer January. Commissioner Sarnoff January. Chairman Gonzalez: All right. Let's set it up for the Planning & Zoning meeting of January. Ms. Thompson: January 24. Chairman Gonzalez: January 24. Vice Chairman Sanchez: Could add on, Commissioner? Can we do a time certain on this item? Commissioner Sarnoff Yeah. I was going to say. Let's do a time -- Vice Chairman Sanchez: Let's do a time -- Commissioner Sarnoff -- certain, so -- Vice Chairman Sanchez: -- certain 'cause -- Commissioner Sarnoff -- they don't sit here. Vice Chairman Sanchez: -- we've inconvenienced you long enough, and all of you -- Chairman Gonzalez: Well -- Vice Chairman Sanchez: -- are here. We might as well -- Chairman Gonzalez: -- the problem -- Vice Chairman Sanchez: -- just give it a day and a time. Chairman Gonzalez: -- is with time certain, you're going to be chairing those meetings, but you don't know how long your regular agenda is going to be. You don't know what time the -- Commissioner Sarnoff You could -- Chairman Gonzalez: -- you're going to be taking Planning & Zoning. Vice Chairman Sanchez: I could handle it. Chairman Gonzalez: All right, great. Pedro G. Hernandez (City Manager): Mr. Chairman, I suggest that we place it as the first item on the Planning & Zoning agenda. Commissioner Sarnoff Right. Chairman Gonzalez: That's more reasonable. Mr. Hernandez: That's the best that we could do; place it as first, and then -- City ofMiami Page 9 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Sarnoff Well, you all -- Mr. Hernandez: -- you know, go from there. Commissioner Sarnoff -- should be here -- what do we start, 10: 30 Planning & Zoning? Unidentified Speaker: 10. Commissioner Sarnoff You all should be here for 10: 30 on January -- Vice Chairman Sanchez: 10, 10, 10. It'll -- Commissioner Sarnoff 10 o'clock. Vice Chairman Sanchez: -- properly advertise after 10. Commissioner Sarnoff Okay, so 10 o'clock on January what? Ms. Thompson: 24. Commissioner Sarnoff 24th. Chairman Gonzalez: January 24. Ms. Landry: Thank you very much. Commissioner Sarnoff Sorry about that. Ms. Landry: Thank you. Mr. Recio: Apologize for the inconvenience. Commissioner Sarnoff I guess I need to do a motion to continue, so I'll do a motion to continue to January 24 at 10 a.m. 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: Motion carries. January 24 -- Mr. Recio: Thank you. Chairman Gonzalez: -- after 10 a.m. PZ.3 07-00951 pm RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A SITE PLAN ("SITE PLAN") DATED MAY 22, 2007, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1000, 1010, 1014 AND 1024 NORTHWEST 27TH City ofMiami Page 10 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 AVENUE AND 1041 NORTHWEST 27TH COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A", IN ORDER TO AMEND THE ORIGINAL SITE PLAN APPROVED ON JANUARY 25, 1968, RESOLUTION NO. 39349, FOR ACCESS IN THE MANNER DESCRIBED THEREIN. 07-00951pm Zoning Map.pdf 07-00951pm Aerial Map.pdf 07-00951pm Letter of Intent & Supporting Documents.pdf 07-00951pm Zoning Write -Up & Plans.pdf 07-00951pm Legislation.pdf 07-00951pm Exhibit A.pdf 07-00951pm CC Fact Sheet.pdf 07-00951 pm -Submittal -Knowles Animal Clinic. pdf LOCATION: Approximately 1000, 1010, 1014 and 1024 NW 27th Avenue & 1041 NW 27th Court [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of KWAC, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow a modification for access to the original site plan for the Knowles Animal Clinic. Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0656 Chairman Gonzalez: PZ.3. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.3 is also a similar case, an amendment to a project that was approved by this Commission on [sic] 1968. There was a special permit granted with plans attached to the approval, and the applicant now wants to modify those plan. The only body that can modify plans on file is the City Commission, and they are requesting the approval of the new plans. The Planning Department have no objection to the new plan, so we think that it's going to be a better solution. Thank you, sir. Chairman Gonzalez: All right. Anybody here -- Vice Chairman Sanchez: There's no opposition whatsoever -- Chairman Gonzalez: -- on PZ.3? Vice Chairman Sanchez: -- andl would move this. I mean, at one time, I thought we wouldn't have to bring this to the Commission, but it's -- Chairman Gonzalez: Right. Vice Chairman Sanchez: -- been going on since 1968, when they got their special exception. City ofMiami Page 11 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 It's a landmark; a great institution. I got my start there with David Wise and Jack Knowles and Chairman Gonzalez: Anyone here on PZ.3? Well, seeing none, hearing none, the public hearing is closed; it comes back to the Commission. Vice Chairman Sanchez -- Vice Chairman Sanchez: So move. Chairman Gonzalez: -- you made a motion? Vice Chairman Sanchez: Yes, sir. Commissioner Regalado: Second. Chairman Gonzalez: All right. It's also a resolution, so we have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Tony Recio: Thank you very much. PZ.4 06-01403zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, RELATING TO PROJECTS LOCATED IN THE URBAN CENTRAL BUSINESS DISTRICT OUTSIDE OF THE DOWNTOWN DRI AREA; PROVIDING FOR A HEIGHT INCREASE FOR THE PROVISION OF PUBLIC PARKING IN EXCESS OF THE REQUIRED OFF STREET PARKING REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 12 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 06-01403zt - PAB Fact Sheet.pdf 06-01403zt - PAB Legislation.pdf 06-01403zt PAB Reso.pdf 06-01403zt CC Legislation (Version 2) - OLD.pdf 06-01403zt CC FR Fact Sheet.pdf 06-01403zt CC SR Fact Sheet 12-14-06.pdf 06-01403zt CC SR Fact Sheet 01-25-07.pdf 06-01403zt Zoning Map.pdf 06-01403zt Aerial Map.pdf 06-01403zt CC SR 10-25-07 Fact Sheet.pdf 06-01403zt CC Legislation (Version 3).pdf 06-01403zt CC SR 11-09-07 Fact Sheet.pdf 06-01403zt-Submittal-Lourdes Slazyk E-mail. pdf 06-01403zt-Submittal-Map. pdf 06-01403zt-Submittal-Lucia Dougherty -E-mail. pdf 06-01403zt-Submittal-Miami Herlad Article.pdf 06-01403zt-Submittal-Notice of Filing Affidavit of Steven Coliaizzi.pdf 06-01403zt-Submittal-Westlaw Document.pdf 06-01403zt-Submittal-Complaint for Issuance of Writ of Mandamus. pdf 06-010403zt-Submittal-Emergency Motion for Temporary Injunctive Relief with Notice. pdf 06-01403zt-Submittal-Bayview Newspaper Notice. pdf 06-01403zt-Submittal-Lourdes Slazyk E-mail 2.pdf 06-01403-Submittal-Receipt of E-mails. pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 6, 2006 by a vote of 6-0. PURPOSE: This will provide a height increase for public parking in excess of the required off-street parking requirements in the C-2 zoning district when located within the Urban Central Business District outside of the Downtown DRI. Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12955 Chairman Gonzalez: All right. PZ.4. I believe Tucker wanted to defer this item. Saul Cimbler: That's correct, and I'm looking for him right now. Chairman Gonzalez: Okay. Let's take -- Roberto Lavernia (Chief of Land Development, Planning Department): PZ.4 is an amendment to 11000 Ordinance, providing for a height increase for the provision of public parking in excess of the required off-street parking requirements. It has been first reading in October 26. City ofMiami Page 13 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 It was continued three times. There's some changes in the ordinance. We have a map. Chairman Gonzalez: All right. I believe Tucker wanted to defer this. Tucker Gibbs: Yes. Chairman Gonzalez: Didn't he? Unidentified Speaker: Yeah. He's coming. Lucia Dougherty: He does, but he is not the applicant in this case. Chairman Gonzalez: Tucker, you want to defer this item? Mr. Gibbs: Yes, and Lucia's absolutely correct. I am not the applicant. The City Manager is the applicant on this -- or maybe Lucia is. I don't know. The reason why I'd like to have this item deferred is -- there are two reasons. One, that this item has not been -- it's a different item than the one that you all approved last year. You all approved an item -- I'm going to catch my breath because I ran in here. You all approved an item that was coming in at 150 parking spaces for 10 feet. The one you're looking at today is 75, which is -- it's broadening the impact of this. It's a -- how do I say it? It's a more -- it's opening up the process so more people can get this pseudo -variance. That was never considered when you all looked at it a year ago. In addition, there's free parking; there's paid parking for special events. These were things that were not in this ordinance before. It's definitely a substantial change from the ordinance that you all approved back a year ago. What I'm saying is, this ordinance, because of this, is a substantial change. It needs to go back to the Planning Advisory Board because the Planning Advisory Board never considered -- they considered 150 spaces for 10 feet. They never considered 75 spaces for 10 feet. That's broadening the impact of this. That makes this ordinance less restrictive, and that means it's a substantial change. Chairman Gonzalez: All right. Mr. Manager, Mr. Gibbs is asking for a deferral. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners -- Commissioner Sarnoff But -- Mr. Hernandez: -- we feel that, in essence, we have improved the item, as a result of having discussions with Mr. Cimbler. He brought some good comments, andl think that we improved it, as a result of that, and we feel that, by doing so, there are many more opportunities with -- where this concept of providing public parking for additional height could be applied. I don't feel it's substantial. However, if you feel that a deferral is warranted, I don't oppose it. Chairman Gonzalez: All right. What is the will -- Commissioner Sarnoff What -- I don't -- Chairman Gonzalez: -- of the Commission? Commissioner Sarnoff Yeah. I don't think he's asking for a deferral. Mr. -- this is really for the City Attorney to tell us. Is this a substantial change? Jorge L. Fernandez (City Attorney): In our opinion, it isn't, and we have looked at this, and in any event, the issue of deferral would not deal with the -- City ofMiami Page 14 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Sarnoff Right. Mr. Fernandez: -- ultimate request that they're making, which is that it -- Commissioner Sarnoff Goes through -- Mr. Fernandez: -- goes back -- Commissioner Sarnoff Right. Mr. Fernandez: -- all the way to Planning. Commissioner Sarnoff Planning & Zoning. Mr. Gibbs: I misspoke. I shouldn't have referred to it as a deferral. Commissioner Sarnoff Yeah. You're asking that this be a resubmission of a new ordinance and that it go before the Planning Advisory Board as a new ordinance. Mr. Gibbs: That's correct because, essentially, that's what this is. This is not the ordinance that you approved a year ago. I don't know how the City Attorney can say it's not a substantial change when literally you're looking at something that last year was 150 spaces gets you 10 feet. Now all you have to do is get half of that to get 10 feet, and that's not a substantial change? Commissioner Sarnoff Well, let me ask him. How is this not a substantial change? Mr. Fernandez: I cannot address that right now. I need to read into it. I wasn't anticipating this issue, but perhaps staff can address that. Ms. Dougherty: Mr. -- while the staff is coming forward, I have two cases, one that has just come out by the Supreme Court of the State of Florida in September, dealing with what's a substantial change, and essentially, what they have said is if it doesn't change the original purpose and intent of the ordinance -- it doesn't -- and if -- in this case, it didn't even change the title. The title of this ordinance is it relates to projects located in the Urban Central Business District outside of the downtown area, providing for a height increase for the provision of public parking in excess of the required off-street parking requirements; containing a repealer provision and severability clause, so that's your notice that was in the paper. The notice gives you a general intent or the intent of the ordinance and the proposed land use ordinance, and again, the State of Florida just -- Commissioner Sarnoff You said you had two cases or one case? Ms. Dougherty: Yes. That's a recent case in September -- Commissioner Sarnoff Right. Ms. Dougherty: -- and then I have a second case that's basically from 1968 in North Miami, and that one says that there must be some realistic latitude in the application of the rule of a substantial change. As a general rule, the notice must apprise the public of the suggested change, and the notice and the zoning ordinance must conform substantially to the proposed change. Some deviation, however, may be immaterial where the liberalization of the proposed amendment rather than -- is enlarged or restrained. A change may, of course, be substantial if the amendment makes a greater or more significant change than is requested, so in this case -- City ofMiami Page 15 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 and basically, what the -- both courts said is that you want the input of the public, and if you can't change the ordinance, the -- it would give you folks a -- less reason to change ordinances based on what the public requested. These changes were actually brought about because they asked for them. Mr. Gibbs: No. Mr. Cimbler: (UNINTELLIGIBLE) true. Mr. Gibbs: That's not true. Mr. Cimbler: That's a complete misstatement. Ms. Dougherty: Well, these changes were brought about because, in my mind -- this is what the Manager said -- they made changes based on what these people asked and suggested. One is, is the public parking -- how do we know it's going to remain public, and in this case now, it's free to the public, all this public parking spaces, except for the evening times. The other issue was, is it only going to be applied to this building. By lessening the number of parking spaces that are required -- and by the way, it's only a minimum of 75. We would still provide the 150, but it's a minimum of 75. By lessening that number, that means more buildings would be able to take advantages, and the City would then have more public parking available that you don't have to build garages for. Mr. Gibbs: Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Gibbs: Mr. Chairman, may I respond? Ms. Dougherty: And I'm going to give this -- Chairman Gonzalez: Go ahead. Ms. Dougherty: -- case to the City Attorney. Mr. Gibbs: I appreciate the case law. The issue is, is when you are lessening the standards, when you're making the standards less, that can be a substantial change. Of course, you all have the right to amend, but you also have your rules that say you don't make substantial changes. When you take the threshold and you move itfrom 150 to 75, you are making that threshold substantially -- over 50 percent lower. I'm not talking about making itfrom 150 to 100 or 150 to 125. You're talking about cutting it in half, and while I appreciate Lucia's client's willingness to do it at 150, that still does not affect -- Commissioner Sarnoff Wasn't -- Mr. Gibbs: -- the ordinance. Commissioner Sarnoff -- your original complaint that this was spot zoning? Mr. Gibbs: That was a -- one of the several complaints -- Commissioner Sarnoff Right. Mr. Gibbs: -- we had. City ofMiami Page 16 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Sarnoff You would agree now this is no longer spot zoning, right? Mr. Gibbs: I'm not going to make that statement here today for obvious reasons. I still think this is a -- Commissioner Sarnoff It's just spottier zoning. Mr. Gibbs: No. I think this is a Bayview Marketplace -driven ordinance, and that's our argument, and that's our position. It's going to continue to be our position. Commissioner Sarnoff What -- Mr. Gibbs: What am saying is is that you -- what you're doing is is you're disguising it. The City Manager can say that he met with Mr. Cimbler -- and he did meet with Mr. Cimbler, but the fact is, Mr. Cimbler never said, oh, you know what? You should make it less. You should make it easier for a developer to get a height variance. That was never what Mr. Cimbler said; it's never what my client said. My client never was given a copy of this ordinance as it has been amended by the City Manager. Commissioner Sarnoff What did the Planning Advisory Board do on the original ordinance? Mr. Gibbs: They voted for it. Commissioner Sarnoff And what was the number? Mr. Gibbs: I have no idea. I think it was -- Mr. Cimbler: One fifty. Mr. Gibbs: -- it was 150. Commissioner Sarnoff How much? Mr. Gibbs: The -- Ms. Dougherty: One hundred -- Mr. Gibbs: --150. It was one -- Commissioner Sarnoff No, no. Was it like a 6/0 vote? Mr. Gibbs: Oh, I'm sure it was a 6/0 vote. I don't know, but I'm sure it was -- Commissioner Sarnoff Okay. Mr. Gibbs: -- but the point is, that was at 150 units -- a hundred and fif -- that was at -- Commissioner Sarnoff Hundred and fifty parking spaces -- Mr. Gibbs: --150 parking spaces -- Commissioner Sarnoff -- right. City ofMiami Page 17 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Mr. Gibbs: -- not 75. Who knows what the Planning Advisory Board -- Commissioner Sarnoff Okay. Mr. Gibbs: -- would have said if they knew it was 75 instead? Chairman Gonzalez: All right. The -- all right. Mr. Gibbs: Oh, it's -- Chairman Gonzalez: It has come to a point that it was -- Mr. Gibbs: My client has one more comment he'd like to make regarding this. Chairman Gonzalez: -- it will come to the point -- Mr. Cimbler: Very quickly. Saul -- Chairman Gonzalez: -- where it was going to be a deferral; now we have heard the case -- Mr. Gibbs: No. Mr. Cimbler: No. You really haven't -- Chairman Gonzalez: -- so now Mr. Cimbler: -- but you probably heard more than you would on a deferral, but with -- Chairman Gonzalez: Right. Mr. Cimbler: -- just with your permission. Ms. Dougherty: I gave it to you. Mr. Cimbler: Saul Cimbler, with Strategic Consulting Group. I'm the lobbyist for Jerin Associates. Conspicuous by the argument made in opposition to our motion for deferral is the attorney for Bayview, and that says a lot. More importantly, in case number 07-1949 3CA 27, Jerin Associates is presently in a Chapter 119 action with the City, which focuses on this height ordinance because, just as they've come with you before saying that things were going on and that they were going to do things, they come and change them, but more importantly, we're trying to figure out what was the motivation for the City to lower it 75. Now each Commissioner here was briefed on February 23, andl showed memos showing that counsel for Bayview had gotten to that 150 number by meeting with Planning and its staff specifically on that project. I'm going to submit for the record the public doc -- the lawsuit that is presently pending because I think you -- as part of a basis for the deferral is not only the fact that it is a substantial change, but the City right now is embroiled in litigation over this matter, and they're putting you in a position that instead of letting it play out, get the documents; a judge is going to hear this in about two or three weeks, according to Guy Spiegelman, who's the attorney handling that. What's the rush? Commissioner Sarnoff So -- Mr. Cimbler: What's the emergency? City ofMiami Page 18 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Sarnoff Mr. Cimbler, wait a minute. You have a Chapter 119 request where you're asking for any and all documents that the City's reviewed or something along those lines? Mr. Cimbler: Your -- Commissioner Sarnoff, since October 12, we've been trying to get every document -- Commissioner Sarnoff Right. Mr. Cimbler: -- related. You know what I got? Seventeen thousand, five hundred and thirty-six e-mails (electronic). I can now tell you that a lot of people who work at the City of Miami went to the Wiggles concert last year. I can make a hell of a brownie. I know where -- Commissioner Sarnoff Well, your -- Mr. Cimbler: -- to find sex toys, but -- Commissioner Sarnoff -- point -- Mr. Cimbler: -- what I didn't get was anything related to Bayview, and that's what that lawsuit's about, and the lawsuit -- Commissioner Sarnoff Well, how --? Mr. Cimbler: -- specifically -- Commissioner Sarnoff Wait, wait, wait. Stop there. 'Cause how do you know there's something related to Bayview? I mean, there's two ways of responding to a request for production of documents. You either give nothing or you kill the person and you give them everything there is. How do you know that these documents exist? Mr. Cimbler: Well, the City refuses to give us the documents. That's why we're in court. Commissioner Sarnoff Maybe I'm not understanding because you're saying 17,000 documents were provided to you, most of them are irrelevant. Mr. Cimbler: Right. I have 6, 240IT (Information Technology) kickbacks of e-mails coming in that the spam filter caught. I have 150 about Alamo Rent -a -car. You would -- your -- Mr. Sarnoff, one thing that being in your Commission makes me -- in your district makes me happy is you don't like when people are disingenuous, and if you saw the 17,536 e-mails, you would be appalled at the e-mails that the City ofMiami provided in response. There's pornography. Unidentified Speaker: Mr. Chairman. Mr. Cimbler: I know where to rent a car real cheap now. Commissioner Sarnoff Your request was regarding Bayview, right? Mr. Cimbler: It was regarding Bayview and the height ordinance. Commissioner Sarnoff Okay, and you're saying there was nothing responsive to that. Mr. Cimbler: There was not -- there -- correct -- City ofMiami Page 19 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Sarnoff Have you --? Mr. Cimbler: -- and we have an affidavit of an expert, and this is before a judge. We almost had the hearing yesterday, but the judge ended up in trial after 6 o'clock. Commissioner Sarnoff Who's your judge? Mr. Cimbler: The judge is Maria Dennis -Espinosa -- Commissioner Sarnoff Okay, and you've -- Mr. Cimbler: -- and I'd like you to know there's also a pending motion that was filed by Guy Spiegelman, the attorney, to even enjoin -- Commissioner Sarnoff Have you read all the 17,000 e-mails? Mr. Cimbler: We can't open up most of them, but no, I haven't. I've read the one -- I've tried to read the ones -- for instance, they only produced 50 e-mails from Lucia Dougherty. Commissioner Sarnoff Well, let me get off this for a moment. Let me ask you this question. Supposing everybody sitting up here thought it was good policy, for whatever the reason it was done -- they think it's good policy to have public parking. I don't know the root cause of it. I suspect this root cause predates me sitting on this Commission, and) really don't know -- I've never read one e-mail regarding this from anyone, but supposing) thought it was just good policy for the City ofMiami to force developers to create public parking circumstances. Why would) be wrong? Mr. Cimbler: Well, that I'll let Tucker Gibbs, as our attorney, make that point. I'm here to argue the technical issues, and) would prefer that he answer that, andl'll get into the underlying because we're putting the cart before the horse. I would respectfully suggest to you we're entitled to the deferral for two reasons; one, for that reason, and number two, in a year where you have tight budgets, why are you going to spend money letting a case go up through the court system when you have a judge in two weeks who's going to decide whether or not we're right or the City's right? So you have the opportunity -- if they're telling you this is not the Bayview Relief Act, then what do they care if this gets postponed until the next meeting so that a judge has the ability to use it? Commissioner Sarnoff Yeah, but supposing you come back -- andl'll indulge this for a moment. Let's suppose you find this heinous e-mail from a, let's say, Lucia Dougherty. Mr. Cimbler: I don't want to im -- Commissioner Sarnoff Well, and supposing -- Mr. Cimbler: -- I don't want -- Commissioner Sarnoff -- it says this makes good policy for the City ofMiami that we have free public parking, and she mentions the name Bayview. Why does that turn around -- what about that statement does away with the good public policy of creating public parking? Mr. Cimbler: I already have the -- one of those heinous ones -- Commissioner Sarnoff Okay. City ofMiami Page 20 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Mr. Cimbler: -- on -- to the 150 feet. What the issue becomes one of folks coming to you and saying you should pass an ordinance for the general public -- Commissioner Sarnoff Right -- Mr. Cimbler: -- when, in fact, it is a site -specific -- Commissioner Sarnoff -- but -- Mr. Cimbler: -- ordinance. Commissioner Sarnoff -- hasn't the site -specific ordinance been cured by the City Manager expanding this to 75 parking spaces? Mr. Cimbler: Like I said, I'm not the lawyer. He's the lawyer. He's going to -- Commissioner Sarnoff Okay. Mr. Cimbler: -- argue it. You have two fantastic reasons for a deferral, whether you recognize them or not. We'll get into the specifics of that when we have a hearing on it. Commissioner Sarnoff Okay. Chairman Gonzalez: All right. What is the will of the dis -- Mr. Fernandez: Mr. Chairman. Commissioner Sarnoff I'd like to hear the issue. Chairman Gonzalez: Huh? Commissioner Sarnoff I'd like to hear the issue. Chairman Gonzalez: You'd like to hear the issue? Commissioner Sarnoff I would like to hear it, yeah. Chairman Gonzalez: All right. Let's hear it. Let's hear it. Orlando Toledo: Orlando Toledo, senior director of Building Planning & Zoning. The Manager is right. When we met, we realized that maybe the fact that 150 spaces was going to add or you needed to put way too much property together to be able to do this. That's what -- the reason why we reduced it. There is a map here that states in all the properties that this is going to be able to get done. It will increase the number of parking spaces by 75 parking spaces, two floors, an additional 20 feet. In addition, we're going to go head [sic] and -- the parking will be free at daytime, and then at nighttime, it will close those 75 or 150, or whatever greater than 75 it is. At that time, then there will be surcharged by the parking authority. Commissioner Sarnoff What is daytime and nighttime? What's the cutoff 6 o'clock, 7 o'clock? Ms. Dougherty: It's actually business hours. Commissioner Sarnoff Business hours. City ofMiami Page 21 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Ms. Dougherty: When the businesses in Bayview Market are open, it's open to the public for free. When they close the businesses and the -- and you open it up to the PAC (Performing Arts Center) or the -- you know, the Performing Arts Center or any other thing, then they'll charge market rates, and obviously, you have to have security and people there managing it and all that kind of stuff, so -- Commissioner Sarnoff But this is in the ordinance itself? Ms. Dougherty: It is. Mr. Toledo: Yeah. Ms. Dougherty: It says here it's -- additional parking spaces will be provided pursuant to this section; be made available to the general public during the regular business hours of the on -site retail at no cost. Commissioner Sarnoff Okay, then you just responded by Bayview Market, andl thought this was a general ordinance for 75 -- Ms. Dougherty: I'm just saying -- it is, but it's -- Mr. Hernandez: It is. Ms. Dougherty: -- no. I'm just saying, in the case of Bayview Market, it'll close at the time that the retailers close. Commissioner Sarnoff What about another business? How will it work? Ms. Dougherty: Same. It's the same. Mr. Toledo: Same thing. Ms. Dougherty: It's when the -- business hours. Commissioner Sarnoff Okay. Mr. Toledo: Any other questions? Commissioner Sarnoff I have no more questions. Chairman Gonzalez: All right. Tucker. Mr. Gibbs: Yeah. Is --? Okay. I'd like to also -- Mr. Cimbler would like to speak after me. Chairman Gonzalez: Okay. I'm going to allow you --I think Lucia used what, five minutes, three minutes? Mr. Fernandez: Well, in this case -- Ms. Dougherty: I'm going to just re -- I don't have to say anything. Mr. Fernandez: -- the -- Chairman Gonzalez: I'm going to allow -- City ofMiami Page 22 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Mr. Fernandez: -- applicant -- Chairman Gonzalez: -- you -- Mr. Fernandez: -- is the City ofMiami. Mr. Hernandez: Right. Mr. Fernandez: This is an ordinance that the City ofMiami is presenting to you, the Administration, so Orlando Toledo was the applicant on behalf of the City Manager. Chairman Gonzalez: Okay. Mr. Fernandez: He explained to you the rationale of why this ordinance affecting this entire area -- because it's a district that we're talking about. It may have specific application to different structures in the area, but the applicant has already spoken. Now anybody that's affected by it may speak, and you apportion the time amongst those individuals pursuant to your rule. If it's an attorney appearing, you give attorneys equal time. Chairman Gonzalez: All right. Tucker, you're going to have five minutes. Mr. Gibbs: Okay. Chairman Gonzalez: You're going to have three minutes, regular time that I am allowing to any regular member of the public. Mr. Gibbs: Thank you very much -- Chairman Gonzalez: Go ahead. Mr. Gibbs: -- Mr. Chairman. As I said before, I represent the Jerin Corporation, who has property adjacent to the Bayview Marketplace. When you look at this ordinance -- andl wanted to let you know my client, obviously, objects to the ordinance -- we have four issues; that this issue should be dealt with through Miami 21. This is another example of piecemeal amending of a Code to help somebody, and it is not really good public policy. The ordinance itself is general and vague. It fails to do what it's supposed to do, and it's the creation to solve one developer's desire to build higher without a required height variance. If you look at the City's Web site, Miami 21 is supposed to be your blueprint. It's supposed to be the holistic approach to urban planning to ensure that the entire city is dealt with equally, and Miami 21, supposedly, is almost completed in this quadrant, so the question is, why isn't this part ofMiami 21? Why isn't it being studied holistically through the planning being done in Miami 21? There's been no evidence presented -- and in your reports over the last year, in your staff report, in the presentation to you today, there has absolutely -- been absolutely no evidence presented that this ordinance is needed now or in the immediate future. No one has said why this is needed. No one has given you any evidence that it is needed, so why the rush? Why not instead direct Miami 21 people to examine the issue? And the reason is that this is the type of ordinance that should be developed through Miami 21. This ordinance is a reactive piece of legislation. It may have a noble purpose, but it's less than a noble result. The ordinance is general and its application is limited. Look at the ordinance. The ordinance specifically says it's going to promote additional public parking within the perimeter of downtown -- the recommendation says it's to promote the additional public parking within the perimeter of downtown in order to ease traffic congestion within the core. How does this ordinance do this? It gives the bonus of ten feet for each 75 public parking spaces, up to 20 feet. The parking must City ofMiami Page 23 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 be free during regular hours, and it must be available for the public facilities after hours at market rates. That sounds great. Great public policy; great idea, but this ordinance doesn't provide that that additional parking is available for off -site use for downtown or CBD (Central Business District) users. There's nothing in that ordinance that says it's for CBD users and nothing that says it's being used for downtown users. Nothing in the ordinance says that the non -retail users will have access to these spaces. How many non -retail users will be able to use these spaces during peak retail? There's no rational or measurable basis for this ordinance. There's no basis for the 150 spaces 10 feet -- for 10 feet that was a year ago. There's no basis for 75 feet [sic] to get 10 feet today. Nothing is in the record. There's no study, no analysis. Why 75 spaces? Why only C-2 properties? Why only retail? There are very few C-2 properties in the area, fewer C-2 properties have retail on them. There's no data regarding how much peripheral parking is actually needed. Where is the data? There's no data as to how much of this need that we don't know about is met by this ordinance. This ordinance was written not to work. How is the public supposed to know about the parking? This ordinance provides no requirement that there be any signage that lets the public know that free parking is available for non -retail downtown users. If the public knows to park in these locations, how will they know where in these locations to park? How will they -- how are they supposed to know this? Will the public parking spaces be on the ground floor to encourage people to park and then walk to the Metromover? We don't know that. Or will parking spaces be on top, away from the elevator, away from the stairways because that's where the developer wants to put them because it's not profitable for him? Will the public parking spaces be segregated so that the regular downtown user will be able to park in the same area each day, or will the public users have to fight with retail users for the space? How does the ordinance fit within provisions of many retail leases? And this is something that's very important to hear. Many retail leases require more parking than the City requires, and I'll bet Bayview does. Can a developer's promise through its lease to provide the retailer with extra parking -- more than City -required parking -- promise that same parking for the public to use, the public, non -retail user? If you say that's not a City issue, you're ignoring a big problem, and you're admitting that this ordinance doesn't provide any real extra parking because if Bayview or any other user has a lease that says they have to have a certain number of parking -- and that's what they have -- that's over and above what the City requires, you double-dipping. You're saying the retailer can use it, and you're saying the public can use it. How do you deal with that issue? Chairman Gonzalez: All right, Tucker. You -- Mr. Gibbs: I just want to -- I just wanted to finish this up, and ifI could have your indulgence for a few more minutes, I do want to make the point for my record. I really would like to, ifI could. The ordinance is nothing more than an effort to give this developer of one particular piece of property additional height without the required variance. This is in exchange for this allegedly public parking. No signage; no segregation of spaces; no real effort to assure the public actually uses these alleged parking spaces. The reason why this is being done -- and this is the important thing -- you have to look at the history of the Bayview Market property. You all approved the Major Use Special Permit with a height variance. The courts rejected that height variance, and want to share with you -- and will place in the record, when I'm finished, a series of e-mails that went between Lourdes Slazyk and Lucia Dougherty dealing with this issue and this ordinance. According to Lourdes Slazyk, in a December 20, 2006 e-mail to my client, the concept for the ordinance -- this ordinance we're hearing today, except with 150 spaces -- was discussed in a meeting with Ms. Dougherty, and then at my request, she prepared a draft for our consideration. Ms. Dougherty prepared a draft ordinance for the City's consideration. According to Ms. Dougherty, in an e-mail in July of 2006, she asked Lourdes Slazyk, "What did Anna -- meaning Anna Gelabert -- say about the public parking being able to go higher in the urban Central Business District outside the downtown development area? We can provide 200 additional parking spaces for each ten feet; " "we" being Bayview. Answer from Lourdes Slazyk the next day. Anna -- "She said yes" -- meaning City ofMiami Page 24 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Anna Gelabert said yes. "Let's discuss quantities, or, if you'd like, prepare a draft for me so I can run it by Orlando and schedule it for a hearing." Answer from Lucia Dougherty. "Will do. We will prepare 200 parking spaces for 10 feet." This ordinance was drafted at 150 for ten feet, and it was drafted in August of 2006. The PAB (Planning Advisory Board) heard it in September, and you all heard it a year ago. Right now the only property this ordinance benefits physically is their property. It was written for them; it was written by them. It wants the extra 20 feet it did not get because of the lawsuit. The purported purpose of this ordinance is for the public. It didn't come from the public. It came from somebody who was self -interested who needed the 20 feet, who wanted the 20 feet, and you know what? They're going to get the 20 feet. All Bayview had to do -- has to do is provide public parking. They had to provide it. There's no detail about how they provide it, where they provide it, and that's the problem. The way this ordinance is written guarantees no one from the public will ever know about or use this public parking. Hey, but that's okay because Bayview gets its height. You know it, and everyone in this room knows this is about -- Chairman Gonzalez: All right, Tucker. Mr. Gibbs: --Bayview -- Chairman Gonzalez: All right, Tucker. You have repeated yourself three times already -- Mr. Gibbs: Okay. I'm going to ask -- Chairman Gonzalez: -- you know -- Mr. Gibbs: -- you to vote no. Chairman Gonzalez: -- so you -- Mr. Gibbs: We don't like -- Chairman Gonzalez: -- already have -- Mr. Gibbs: -- the ordinance. Chairman Gonzalez: -- everything on your record. I mean, you know. You have three minutes. Set the clock, please. Mr. Cimbler: You were told today that the reason that this was coming here was for the general public. You were also told by the City Manager's Office that the reason that this was changed was because somebody had an -- basically an epiphany that 75 feet [sic] was better. These -- this is the City Manager's briefing notes. This matter was supposed to be here on October 25 with the Bayview MUSP (Major Use Special Permit) modification, so what happened? The Manager makes notes of what should or should not happen. This is the (INAUDIBLE) -- the MUSP originally was PZ.2, and the height ordinance was PZ. 6. You'll notice the Manager's notes that it was changed to 10 and 9. Why? 'Cause they were companion items, and when I objected to it, it got changed, but I want to call your attention to what the Manager's notes -- his notes were "Lourdes Slazyk withdrew this item. However, Lucia Dougherty said that because the Commission continued it, they are the only ones who can withdraw it." According to Lourdes, it is no longer needed, and what Lourdes was saying is it was no longer needed by the City; it's needed by Bayview, and we need to start calling things by what they are, and this is the Bayview Relief Act. Now I asked you -- I handed each one of you a parking height ordinance because the application of this ordinance, even if you are not completely offended by what you have seen, is as follows. Ten feet means different things to City ofMiami Page 25 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 different people. I took two properties in particular; one, the Bayview Marketplace and the next closest one. The next closest one is one on Miami east side, which is a 1.39 acre project. If they got -- did the same thing, for every 10 feet they would get 24,000 square feet of additional space, be it retail or apartment or whatever. Do you know what Bayview gets? For each 10 additional feet, they get 237,000 feet of space. Multiply that by two -- my math isn't great; I'm a product of the Dade County School System -- that's almost 500,000 square foot more building, so it isn't about a little 10 feet here that we're going to go up or a little 20 feet here, and you got the nit-picking neighbor. What they're doing is they're super -sizing the project, just like they did with the MUSP, and as you turn more into the -- this ordinance and these -- this is the meeting that I had with the City Manager -- there's no teeth to it. Of course they want free parking because if there's free parking, there's no way to know whether those parking spaces are being used by the folks at Lowe's and Wal-Mart, and if you've ever been to a Lowe's and a Wal-Mart, you know how much parking they need, or if they're going to be used by the -- whoever is going to drive to this area and park there. Every project there has to have self-contained parking. This is nothing more than a mirage. The reason that we asked for the - - some of this information as a Chapter 119 is we know these changes are all because of lease requirements. Chairman Gonzalez: You need to conclude. Mr. Cimbler: Mr. Chairman, I was just getting ready to do that, ifI may have 20 seconds, with your permission? Chairman Gonzalez: All right. Go ahead. Conclude. Mr. Cimbler: Okay. The parking spaces aren't segregated, and the cover is off this. Your own staff has told you this is not necessary, and that is all you need to know. Chairman Gonzalez: Thank you. All right, anyone else from the public? Mr. Cimbler: Just for the record, I'm going to submit this as part of -- as an exhibit here. Chairman Gonzalez: Yes, Lucia. Ms. Dougherty: Just a very quick response. The Miami 21 that Tucker referred to shows this property at being 24 stories; we're at 120 feet. He says why rush this? It's been -- the first reading of this ordinance was literally a year ago in October 26, 2006. In terms of the public parking and why this is a good thing, in downtown -- remember, this is in the periphery of downtown -- you actually have restricted parking and many of your -- you don't even have to have required parking in downtown if you're within so many feet of a Metrorail for residential, so in downtown they're trying to not have as much parking, and this is the -- on the perimeter of downtown where you want some additional parking so people can get to downtown and have less congestion. In terms of all the issues that were raised by Tucker about signage and segregation and all that kind of stuff, that can be addressed when you get your Major Use Special Permit or any other kind of permit that is necessary, a Class II Permit, a Major Use Special Permit. If we ever take advantage of this ordinance, we will be coming back for a nonsubstantial change and that's when that would -- or a substantial change, depending on what we do, and that's when these issues can be addressed, and in terms of the word "ordinances" proposed by the public, this is nothing new. As I recall, Tucker wrote the ordinance for the Grovenor. He wrote the ordinance for the NCD (Neighborhood Conservation District). He wrote the ordinance for the Home Depot. There's nothing new about the public coming forward and requesting or drafting ordinances on behalf of the City for consideration. Mr. Gibbs: That's not true. I -- Mr. Chairman, may I just say one thing? Each one of those City ofMiami Page 26 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 came from a direction from this City Commission. The City Commissioner that was here, prior to Mr. Sarnoff, directed, and there was a vote of the City Commission that said those ordinances should be written, andl did assist, absolutely, but this one didn't come from the City Commission -- Chairman Gonzalez: All right. Mr. Gibbs: -- it came right from them. Chairman Gonzalez: Thank you, Tucker. Thank you, Tucker. Would you --? You're wrapping up? Ms. Dougherty: And the only other thing is there's no additional square footage. We are not requesting any additional square footage. There will be no additional retail square footage. This is only, solely parking for the public. Chairman Gonzalez: Thank you. Commissioner Sarnoff Mr. Manager? Chairman Gonzalez: Anyone else? Ignacio Garcia -Duquesne: Yes, sir. Chairman Gonzalez: You also want to speak? Go ahead. Mr. Garcia -Duquesne: Good afternoon. Ignacio Garcia -Duquesne and Jeff Wild, 4600 Douglas Road, Suite 309, Coral Gables, Florida. Before I start, I want to congratulate the newly -elected -- reelected -- Chairman Gonzalez: Thank you. Mr. Garcia -Duquesne: -- Commissioners on the past election. We are here in -- to speak in favor of the ordinance because we strongly feel that it has tremendous foresight and reflects good planning, contemplating the tremendous amount of redevelopment and new development retail that is going on in the City ofMiami. Chairman Gonzalez: I need -- Mr. Garcia -Duquesne: We can attest -- Chairman Gonzalez: -- the clock. Priscilla A. Thompson (City Clerk): I'm sorry, sir. Chairman Gonzalez: I need the clock ticking. Ms. Thompson: Okay. I'm sorry, sir. Chairman Gonzalez: Thank you. Mr. Garcia -Duquesne: We can attest, due to our vast experience in retail development, that there exists a tremendous demand for new retail within the urban core. Parking is always a problem. Why spend millions of dollars in providing parking spaces when this ordinance gives City ofMiami Page 27 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 incentives to developers to provide spaces very much needed to relieve the parking needs of shoppers in the area? This ordinance is very simple, and it's an ordinance made for every present or future retail developer that may choose to elect the ordinance within the urban core for a maximum of 20 feet height. The height is limited. You could build a maximum or you're obligated to build 150 parking spaces free during business hours to area users. To give you an idea, we have estimated that a single parking space on our project would cost approximately $30, 000 in today's market times 150. A developer -- the devel -- the delivery of 150 parking spaces for free use, in today's market, would cost four and a half million dollars. I can't imagine any person in this room that would elect not to accept a free parking space and walk across the street and pay $10 for a half an hour use of a parking meter. The ordinance does not add one square footage of either retail or commercial use. Basically, it's a trade-off between height for free parking spaces for the users. Mr. Chairman and Commissioners, I encourage you, Mr. Manager, we encourage you to adopt the ordinance prepared by the City of Miami. Thank you. Chairman Gonzalez: Thank you, sir. All right. We're closing the public hearing, and we're brining it back to the Commission. Commissioner Sarnoff. Commissioner Sarnoff Mr. Manager, I don't recall the record of the first hearing, so just to make sure the record's not barren, you know the Performing Art [sic] Center, correct? Mr. Hernandez: Yes. Commissioner Sarnoff Is this in close proximity to the Performing Art [sic] Center? Mr. Hernandez: Yes, it is. Commissioner Sarnoff I know you've been to the Performing Art [sic] Center. Is this within walking distance? Mr. Hernandez: It's within reasonable walking distance. It's about three, four blocks. Mr. Gibbs: At night? Mr. Hernandez: It's pushing it, but it's in the general vicinity. Commissioner Sarnoff Do you think there's a need for parking in this neighborhood? Mr. Hernandez: Yes. Commissioner Sarnoff Could we amend the ordinance to provide a indicator that public parking is free? Mr. Hernandez: Yes, sir. I think it's a very good idea. As a matter of fact, when I did meet with Mr. Cimbler, he made some very good points, which I acknowledge, andl think the policy here, there is no question on the policy; it's very good, sound policy. It's a question of fine-tuning it so it provides the intended product. Commissioner Sarnoff This ordinance probably or may predate you even or the beginnings of it. Do you support this ordinance? Mr. Hernandez: Yes, I do. Commissioner Sarnoff Do you think it serves a public purpose? City ofMiami Page 28 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Mr. Hernandez: Yes, I do. Commissioner Sarnoff I'm going to make a motion to approve. Chairman Gonzalez: All right. We have a motion -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- and we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Commissioner Sarnoff I just want to make the record clear. That would be as modified for -- with an indication of public parking, so it would be public parking signage, andl want to make sure that this is -- there's a requirement that this must provide free parking for the public, as stated. Chairman Gonzalez: All right, as amended. Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.5 07-00795zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "SD-16.2" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICT TO "SD-16.2" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICT WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 4.6, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 525 AND 533 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00795zc Analysis.pdf 07-00795zc Zoning Map.pdf 07-00795zc Aerial Map.pdf 07-00795zc Application & Supporting Docs.pdf 07-00795zc ZB 07-30-07 Fact Sheet.pdf 07-00795zc ZB Reso.PDF 07-00795zc CC Legislation (Version 2).pdf 07-00795zc Exhibit A.pdf 07-00795zc CC FR 10-25-07 Fact Sheet.pdf 07-00795zc CC FR 11-09-07 Fact Sheet.pdf LOCATION: Approximately 525 and 533 NW 2nd Avenue [Commissioner Michelle Spence -Jones - District 5] City ofMiami Page 29 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Urbana Holdings, LLLP FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on July 30, 2007 by a vote of 5-2. PURPOSE: This will change the above properties to SD-16.2 Southeast Overtown-Park West Commercial -Residential District with an SD-19 Designated F.A.R. Overlay District, F.A.R. of 4.6. CONTINUED PZ•6 06-00614mu RESOLUTION 1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A RECONSIDERATION OF A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE SAWYER'S WALK PROJECT, TO BE LOCATED AT APPROXIMATELY 152 AND 218 NORTHWEST 8TH STREET, 249 AND 263 NORTHWEST 6TH STREET AND 160 NORTHWEST 7TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A MAXIMUM APPROXIMATE HEIGHT OF 142-FOOT, 13-STORY MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 1,050 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 75,000 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,610 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 30 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Item # 9 PAB PAB 11.07.07 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 06-00614mu1 - 06-00614mu -Sawyer's Walk.pdf - Item #2 - 06-00614mu1.pdf CC Legislation (Version 2) - OLD.pdf Exhi bit A.pdf Exhibit B.pdf Exhibit C.pdf Exhibit D.pdf CC 11-09-07 Fact Sheet.pdf Cover Page.PDF Table of Contents.PDF Letter of Intent.PDF Application for a Major Use Special Permit.PDF Zoning Write-Up.PDF Legal Description.PDF Aerial.PDF Zoning Atlas Page 23 & 36.PDF Project Data Sheet.PDF Warranty Deed (s) and Property Tax Information.PDF Ownership List and Mailing Labels.PDF State of Florida Corporate Documents.PDF Directory of Project Principals.PDF Project Description.PDF Minority Construction Employment Plan.PDF Sufficiency Letter and Traffic Impact Analysis.PDF Site Utility Study.PDF Economic Benefits Analysis & OLD Housing Impact Study.PDF Housing Impact Study Including Page 17.PDF Enviromental Assessment Report.PDF Site Plans for Property including Survey and Photos of Property.PDF PAB Reso.pdf CC Legislation (Version 2) - NEW.PDF CC 11-28-07 Fact Sheet.pdf LOCATION: Approximately 152 and 218 NW 8th Street, 249 and 263 NW 6th Street and 160 NW 7th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of the City of Miami, Community Redevelopment Agency FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on November 7, 2007 by a vote of 6-3. *See supporting documentation. PURPOSE: This will allow the reconsideration of the Sawyers Walk project for the review of the environmental component. DEFERRED City ofMiami Page 31 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Note for the Record: Item PZ.6 was deferred to the special City Commission meeting currently scheduled for November 28, 2007. Vice Chairman Sanchez: Mr. Chairman, I would make a motion to continue the Crosswind [sic]? Chairman Gonzalez: Yeah. Vice Chairman Sanchez: What's the number of the item? Chairman Gonzalez: That's PZ.6. Vice Chairman Sanchez: PZ.6. The District Commissioner is not here, and therefore, we'll continue it -- or we'll continue to the next PZ (Planning & Zoning) agenda. Pamela E. Burns (Assistant City Clerk): The -- Chairman Gonzalez: All right. Ms. Burns: -- next meeting would be December 13 as a combined meeting. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Vice Chairman Sanchez: But how does that meeting look? I mean -- look, we've combined the two meetings in November. We're going to combine two meetings in December, and the last thing that we want to do is really stay here till 2 o'clock in the morning on a very important issue. It's just we don't -- it's an in-service [sic] when we start doing that to people on important issues, so how does the agenda look? Pedro G. Hernandez (City Manager): The agenda, at this point, is not too heavy. I think it's manageable. However, I would recommend that you consider the item of Crosswinds to be heard together with the proposed CRA (Community Redevelopment Agency) meeting of November 28. November 28 the CRA is having a meeting and will be considering the development agreement modifications for Crosswinds. Vice Chairman Sanchez: Would -- sir, with all due respect, would the meeting be here or at the CRA? Mr. Hernandez: The meeting could be moved here to the chambers. Vice Chairman Sanchez: I think it would be better if we had the meeting here. Mr. Hernandez: That way you could handle -- it's Crosswinds from the CRA perspective, development agreement -- Vice Chairman Sanchez: Do we --? Mr. Hernandez: -- and then the MUSP (Major Use Special Permit) from the City perspective. Vice Chairman Sanchez: All right. Do we have ample time to advertise the meeting? Chairman Gonzalez: But we don't have a meeting on November 29. City ofMiami Page 32 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Vice Chairman Sanchez: CRA. Chairman Gonzalez: City Commission meeting on November 29. Vice Chairman Sanchez: No, CRA. Ms. Burns: Excuse me. We show the CRA meeting to be on November 26, Monday. Chairman Gonzalez: Okay, so why -- what are you suggesting, that we listen to PZ. 6 on November 26? Mr. Hernandez: At the same time that you have that CRA -- Vice Chairman Sanchez: CRA. Mr. Hernandez: -- meeting. Chairman Gonzalez: All right. Mr. Hernandez: To -- and it would have to be advertised as a special meeting of the City Commission. Chairman Gonzalez: Fine with me. Vice Chairman Sanchez: Okay. PZ.7 07-00790Iu 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, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF 0.54± ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 5711 NORTHWEST 2ND STREET AND 212 & 220 NORTHWEST 57TH AVENUE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-007901u - PAB Item 2 backup informatiom.pdf 07-007901u PAB Reso.PDF 07-007901u CC Application Supporting Documents.pdf 07-007901u CC Legislation (Version 2).pdf 07-007901u Exhibit A.pdf 07-007901u CC FR Fact Sheet.pdf LOCATION: Approximately 5711 NW 2nd Street and 212 & 220 NW 57th Avenue [Commissioner Tomas Regalado - District 4] First Reading APPLICANT(S): Ben Fernandez, Esquire and Melissa Tapanes-Llahues, Esquire, on behalf of R&E at Red Road, Inc., Margo G.C., Inc. and Carlos and City ofMiami Page 33 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Minerva Cordero, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on July 18, 2007 by a vote of 4-2. See companion File ID 07-00790zc. PURPOSE: This will change the above properties to Restricted Commercial. CONTINUED PZ.8 07-00790zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 30, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5711 NORTHWEST 2ND STREET AND 212 & 220 NORTHWEST 57TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00790zc Analysis.pdf 07-00790zc Zoning Map.pdf 07-00790zc Aerial Map.pdf 07-00790zc Application & Supporting Docs.pdf 07-00790zc ZB 09-24-07 Fact Sheet.pdf 07-00790zc ZB Reso.PDF 07-00790zc CC Legislation (Version 2).pdf 07-00790zc Exhibit A.pdf 07-00790zc CC FR Fact Sheet.pdf LOCATION: Approximately 5711 NW 2nd Street and 212 & 220 NW 57th Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Ben Fernandez, Esquire and Melissa Tapanes-Llahues, Esquire, on behalf of R&E at Red Road, Inc., Margo G.C., Inc. and Carlos and Minerva Cordero, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on September 24, 2007 by a vote of 5-4. See companion File ID 07-007901u. PURPOSE: This will change the above properties to C-1 Restricted Commercial. The applicant has proffered a covenant for these properties. CONTINUED PZ.9 07-000491u ORDINANCE First Reading City ofMiami Page 34 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 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, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF 0.46± ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1118, 1124, 1136, 1140 SOUTHWEST 7TH STREET, LESS THE NORTH 70 FEET, AND 1152 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Item # 6 PAB - 07-000491u.pdf 07-000491u PAB Reso.PDF 07-000491u Revised School Impact Review Analysis. pdf 07-000491u CC Application & Supporting Documents.pdf 07-000491u CC Legislation (Version 2).pdf 07-000491u Exhibit A.pdf 07-000491u CC FR Fact Sheet.pdf 07-000491u-Submittal-Nordica on 8- Development Data.pdf LOCATION: Approximately 1118, 1124, 1136 and 1140 SW 7th Street, less the North 70 feet, and 1152 SW 7th Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): N. Patrick Range, Esquire, on behalf of Calle Ocho, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 3, 2007 by a vote of 9-0. See companion File IDs 07-00049zc and 07-00049mu. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Nordica on 8th Major Use Special Permit. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chairman Gonzalez: All right. I have a question. We have two items here, PZ.9 and 10. Is anybody here on PZ.9 and 10? You are here on PZ.9 and 10? Lucia Dougherty: Yes, sir, we're here. We can do it now or later; it's up to you. Chairman Gonzalez: Is there any opposition on PZ.9 and 10? Saul Cimbler: Is that the one on 7th Street? City ofMiami Page 35 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Vice Chairman Sanchez: Yes. Chairman Gonzalez: Yes. Mr. Cimbler: Yes, there is. Chairman Gonzalez: You are in opposition of that item too? Mr. Cimbler: Yes, I am. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. We'll be back at 2: 30. [Later... Chairman Gonzalez: (INAUDIBLE) maintain the decorum. All right, let's go with PZ.6. I'm sorry. Vice Chairman Sanchez: PZ.9. Chairman Gonzalez: PZ.9 and PZ.10, companion. Harold Ruck (Planner II): Good afternoon. Harold Ruck, with the Planning Department, and this is PZ.9. It's a companion item, PZ.10, and this is first reading. The proposal at approximately 1118, 1124, 1136, 1140, 1152 Southwest 7th Avenue is for a change to the Future Land Use Plan Map of the Comprehensive Neighborhood Plan from medium density multifamily residential to restricted commercial. The subject property consists of portions of four lots and an additional one lot, comprising approximately .46 acres. They're located in the middle of the block, bounded by Southwest 7th Street to the north, Southwest 8th Street to the south, Southwest 11 th Avenue to the east, and Southwest 12th Avenue to the west. The site is currently designated medium density multifamily residential; surrounding the subject site is also medium density multifamily residential land use to the north and east; to the west and south of the parcel is restricted commercial. The Planning Advisory Board recommended approval. The Planning Department recommends denial based on the following: The requested changes are part of the proposed Nordica Major Use Special Permit. The changes from medium density multifamily residential to restricted commercial will not intrude commercial uses into the residential area, but will increase the potential density and intensity of the lots. The increase in density from 65 dwelling units to 150 dwelling units per acre could create a building out of scale and not compatible with the area. The Comprehensive Plan Land Use Goal 1 promotes a land use pattern that one, 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. Land Use Policy 1.1.3 provides for the protection of all areas of the City from the encroachment of incompatible land uses, and Housing Policy 1.1.7 states the City will continue to control, through restrictions in the City's development regulations, large scale and/or intense commercial and industrial land development which may negatively impact any residential neighborhood. These findings support the position that the land use pattern at this location should not be changed. Thank you. Chairman Gonzalez: Good afternoon, Lucia. Ms. Dougherty: One minute. City ofMiami Page 36 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Chairman Gonzalez: Yes. Roberto E. Lavernia (Chief of Land Development): Sorry. Roberto Lavernia, with the Planning Department. PZ.10 is a companion item ofPZ.9 that was presented One was the land use; this is the zoning change for the same address that Mr. Ruck just put on the record, and we want to add 1151 Southwest 8th Street, which is a request for the zoning change also. What they are doing in here -- that they are doing in the residential part, the south part of the lot from residential to commercial in order not to intrude for commercial uses into Southwest 7th Street. The Planning Department has working with the applicant for a long time and -- in the Major Use Special Permit that they are presenting tonight. However, since we have no insurance that this is the project that is going to be constructed in those lots, the Planning Department is recommending denial of both the land use and the zoning change. Vice Chairman Sanchez: But there's -- the other item is a covenant, right? Mr. Lavernia: Excuse me? Vice Chairman Sanchez: The other item, number 10. Mr. Lavernia: Yes, on 10. Vice Chairman Sanchez: Okay. Ms. Dougherty: Good afternoon, Mr. -- Chairman Gonzalez: Good afternoon. Ms. Dougherty: -- Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. Again, this is a land use amendment, as well as a rezoning that is companion to a Major Use Special Permit that you will see next month as a companion, so this is only the first reading of the land use and zoning, and next month it'll be accompanied by a Major Use Special Permit. Joining me this afternoon is Henry and Peter Torres, who are father/son developers, as well as our architect, Ed Yorka (phonetic). To orient you where the site is, this is Southwest 8th Street, Southwest 7th Street, and 12th Avenue. The rezoning that we're requesting -- and this is commercial zoning right here, SD-14. This is also commercial zoning all along here, but this is R-3, and R-3 is a residential, 65 units per acre, which is companion to the R-3, which is directly behind here on the opposite side of Southwest 7th Street. This is sort of a mistake here because what we're really doing is just rezoning this site here so that we can push down the garage and spread it into the R-3, but what we've done is we've left the R-3 behind on Southwest 7th Avenue so that you know that you don't have a big project on Southwest 7th Avenue facing this R-3, so from a rendering standpoint -- and you'll see more about this next month -- this is the R-3, which is simply the garage with liner units facing the R-3 at 50 feet height, so the height, again, on this area here is 50 feet; it faces the 50 feet that's permitted on the other side of Southwest 7th Street. There are only 21 units being proposed on this entire site, because what we're doing is we're pushing down the garage and spreading it -- Vice Chairman Sanchez: I'm sorry. How many units on that site, you just said? Ms. Dougherty: On this whole -- Vice Chairman Sanchez: No. Ms. Dougherty: -- area that we are rezoning -- City ofMiami Page 37 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Vice Chairman Sanchez: Right. Ms. Dougherty: -- is only 21 units. Vice Chairman Sanchez: Okay. Ms. Dougherty: It's because -- the only reason we're asking for this -- Vice Chairman Sanchez: I understand. Ms. Dougherty: -- is so that we can actually push down the project and make the garage spread in this area, so what I've done is I've asked our architect to sort of outline how many different iterations we've had since we've been working for this -- working on this project with the Planning Department. We actually had -- we've submitted 13 different projects for this site in trying to make it the most compatible that we can. It started out at 16 stories and 167 feet; then we went to 15 stories and 151 feet; then we went actually 20 stories and 198 feet, where we pushed everything towards this area, and now we're down to 13 stories and 136 feet, so I'll just -- pass this out, if you don't mind to them. So that's basically the reason we're asking for the rezoning. At your next meeting, we'll show you the entire Major Use Special Permit in detail. Oh, by the way, this is something that's interesting as well. This is housing that is a rental housing project. We haven't seen -- I haven't done a rental housing project in several years. It is located in your East Little Havana target area -- oh, in the Latin Quarter and Homeownership Zone, so for the very first time that have actually been representing people, this is the first rental project that we've had, and it's considered workforce housing. Under your scenario for workforce housing -- or under the CD's (Community Development's) workforce housing definition, what they have said is somebody who has a maximum household of -- income of 62, 000 and the maximum annual rent of 20, 000, that's considered to be workforce housing. That is what we're proposing here, and it's rental; it is not homeownership and it's not condo, and we've provided all of the amenities that a luxury condo would have, notwithstanding the fact that it's a rental project. Chairman Gonzalez: All right. Anyone from the public? This is a public hearing. Mr. Cimbler: For the record, Saul Cimbler. My son goes to school half a mile west of here and about -- Chairman Gonzalez: Excuse me a second. I don't want to take any time from you. You set up the clock? Three minutes. All right, thank you. Mr. Cimbler: Thank you, Commissioner. Chairman Gonzalez: Go ahead. Mr. Cimbler: My son goes to school half a mile west of here and half a mile north of here. Southwest 7th Street in the afternoon is an expressway, and Southwest 8th Street east in the morning is an expressway. I'm concerned, number one, about the traffic, but more importantly, you've got a school in that district where these kids are going to go to, which is Coral Way Elementary, andl -- my son only -- doesn't only go to school there; I'm on the PTA (Parent-Teacher Association) there, and I'm very concerned that the -- there's been no concurrency considerations made as to what the impact is going to be at Coral Way Elementary by all the kids who are going to live in these buildings. Coral Way is busting at the seams now. Now, this is in Commissioner Sanchez' district and he probably knows the school as well as I do. There -- it's now expanded into K through 8 center, and they're already at City ofMiami Page 38 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 capacity and then some. I would suggest that this project and this consideration be deferred until after January 1 so that we can get into the concurrency review, which is now mandated by state law, to make sure if this gets built, it's not going to overwhelm that school. That's number one. Number two, they're talking about workforce housing. The rents that they're proposing -- 'cause they said it at the PAB (Planning Advisory Board) hearing -- average $1,500 a month, which I'm not sure that's the definition of workforce housing. It would have somebody use almost a considerable amount of their income for housing, but succinctly, they're asking for a zoning change to permit this property to be used on 7th and 8th Street; it's massive for the area; there's nothing around there like it. Across the street you have two- and three-story apartment buildings, and on the Southwest 8th Street side you have simple commercial, so for the reasons that I've articulated -- in under three minutes; I want that noted --I would respectfully suggest that this project and the zoning change be denied. Chairman Gonzalez: Thank you. Anyone else from the public? Seeing none, hearing none, public hearing is closed; comes back to the Commission. Commissioner Sanchez. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Vice Chairman Sanchez, I'm sorry. Vice Chairman Sanchez: Thank you, Mr. Chairman. I share those concerns as we develop this city, making sure that the people that are renting in that building, the kids do have a school to go to, and within a mile radius of that property, there are not only Coral Way Elementary, but Ada Merritt, Riverside, schools that will be able to accommodate the children that'll be living there. However, this project isn't going to be done this year, next year, the following year, so I just want to state that for the record. Now, you know, Planning is bound by policy to recommend a denial, as we all know that, but if you look at this -- the history of this project, 13 times it's been changed, andl know that at least 3 times it has been revised because, as the applicant stated, each time that it was presented to me, it was just too massive, way too massive, so having stated that, I look at the project in itself and find that the building in itself has been reduced; they have basically worked on the project, and that's something that we'll address once it comes back with a MUSP (Major Use Special Permit), and we could address open space; we could address landscaping, which is very important, and we could address other issues, but as to the argument that has been made here today, it's got good liners. It's going to -- the project does. Perhaps, the most telling about the project is the enforcement of the PAB with a 9/0 vote to recommend approval, and the following item that has the covenant, which we'll address afterwards, really does protect it. Whatever this project is being presented here is the project that's going to be built, so once again, I'm glad to see that it's not homeownership; it is rental, because not everyone, whether they can or cannot, want to become property owners. They don't want to -- the burden of that responsibility; they just want to rent, and that's perfectly fine, so at this point I would move to support this item. Chairman Gonzalez: All right, we have a motion on the floor. Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. It's a -- The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Vice Chairman Sanchez: Before -- Madam Clerk, before you take the roll, I think the director wanted to state something. I do want to state something on the record. There is no intrusion into any residential there. It's R-3, as she stated. They have bought the entire block, except City ofMiami Page 39 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 one piece of property, so that's -- I just wanted to put that on the record. There's no intrusion whatsoever into residential -- R-1 in that area. It's protected by 8th Street on one side, 7th Street on the other, and then 12th Avenue, which is -- two out of three are -- well, in this case, all are going to be commercial abutting corridors. Orlando Toledo (Senior Director, City Manager's Office): Just to put something else on the record, Commissioner, as part of the MUSP process, it does go through the process of the School Board, and it has been -- it does have concurrency. It has no problems, sir, and it's part of your package. Chairman Gonzalez: All right. Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call on PZ.9. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been approved on first reading, 4/0. PZ.10 07-00049zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 35, 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-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-25" SOUTHWEST 8TH STREET SPECIAL OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1118 SOUTHWEST 7TH STREET; FROM "C-1" RESTRICTED COMMERCIAL WITH AN "SD-25" SOUTHWEST 8TH STREET SPECIAL OVERLAY DISTRICT TO "SD-14" LATIN QUARTER COMMERCIAL -RESIDENTIAL, AND RESIDENTIAL DISTRICTS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1151 SOUTHWEST 8TH STREET; FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "SD-14" LATIN QUARTER COMMERCIAL -RESIDENTIAL, AND RESIDENTIAL DISTRICTS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1152 SOUTHWEST 7TH STREET; AND FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-25" SOUTHWEST 8TH STREET SPECIAL OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1124, 1136 AND 1140 SOUTHWEST 7TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 40 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 07-00049zc Analysis.PDF 07-00049zc Zoning Map (OLD).pdf 07-00049zc Aerial Map (OLD).pdf 07-00049zc Zoning Map.pdf 07-00049zc Aerial Map.pdf 07-00049zc Application & Supporting Docs (OLD).pdf 07-00049zc ZB Application & Supporting Docs.pdf 07-00049zc ZB 02-26-07 Fact Sheet.pdf 07-00049zc ZB 04-09-07 Fact Sheet.pdf 07-00049zc ZB 05-21-07 Fact Sheet.pdf 07-00049zc ZB 07-09-07 Fact Sheet.pdf 07-00049zc ZB Reso.PDF 07-00049zc CC Application & Supporting Docs.pdf 07-00049zc CC Legislation (Version 3).pdf 07-00049zc Exhibit A.pdf 07-00049zc CC FR Fact Sheet.pdf LOCATION: Approximately 1118, 1124, 1136, 1140, 1152 SW 7th Street; and 1151 SW 8th Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): N. Patrick Range, Esquire, on behalf of Calle Ocho, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 9, 2007 by a vote of 8-1. See companion File Ds 07-000491u and 07-00049mu. PURPOSE: This will change the above properties to C-1 Restricted Commercial, SD-14 Latin Quarter Commercial -Residential and Residential Districts and SD-25 SW 8th Street Special Overlay District for the proposed Nordica on 8th Major Use Special Permit. 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 Regalado Absent: 1 - Commissioner Spence -Jones Chairman Gonzalez: PZ.10. Commissioner Sarnoff I'll make a motion. Vice Chairman Sanchez: Hold on, Mr. -- we're -- I would second it. Also on the record, Zoning Board voted 8/1, recommendation was a denial, but however, it's just standard practice, and the covenant that I'm comfortable with, I would support. Saul Cimbler: Is there a public hearing? Chairman Gonzalez: All right. We have a motion, and we have a second. It's an ordinance, please. Mr. Cimbler: No public hearing? City ofMiami Page 41 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Commissioner Sarnoff Are we --? Chairman Gonzalez: If you want to put something on the record on PZ.10, go ahead. Mr. Cimbler: It's a companion -- Chairman Gonzalez: Ten -- three minutes. Mr. Cimbler: -- issue. I would reincorporate the same arguments that I made before, only I think they're further applicable because I think what they're trying to do is get height that they're not intended to -- that shouldn't be permitted, but aside from that, I would just reincorporate it in. Chairman Gonzalez: All right. May I have -- Mr. Cimbler: Now we're under 30 seconds. Chairman Gonzalez: -- may we have your name and address for the record. Mr. Cimbler: For the record, Saul Cimbler. Chairman Gonzalez: 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. Pamela E. Burns (Assistant City Clerk): Roll call on PZ.10. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been approved on first reading, 4/0. Lucia Dougherty: Thank you very much. Unidentified Speaker: Thank you. NON -AGENDA ITEMS NA.1 07-01387 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING TO TAKE PLACE ON NOVEMBER 28, 2007 AT 5 PM. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0671 Vice Chairman Sanchez: Before we adjourn -- Maria J. Chiaro (Assistant City Attorney): Wait. We need to vote on that. City ofMiami Page 42 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Pamela E. Burns (Assistant City Clerk): Are you scheduling a special City Commission meeting to coincide with the CRA (Community Redevelopment Agency) meeting on November 26? Vice Chairman Sanchez: That's the only way we'd be able to do it. Commissioner Sarnoff For one item. Vice Chairman Sanchez: For one item, and only -- Commissioner Sarnoff One item. Chairman Gonzalez: One item. Vice Chairman Sanchez: -- that item. Pedro G. Hernandez (City Manager): Right. Chairman Gonzalez: And only one item. Mr. Hernandez: All right. I just wanted to correct the date. The CRA meeting for the month of November is supposed to be November 28, not the 26th. Commissioner Sarnoff What day is that? Commissioner Regalado: A Monday. Mr. Hernandez: Which is a Wednesday, I believe. Commissioner Sarnoff Wednesday. Commissioner Regalado: Oh, a Wednesday. Unidentified Speaker: Wednesday before Thanksgiving. Commissioner Sarnoff That's -- when is Thanksgiving? Chairman Gonzalez: Wednesday. Vice Chairman Sanchez: Okay, it's fine with me. Commissioner Regalado: It's on Thanksgiving. No? Commissioner Sarnoff No, no. Wednesday is -- Vice Chairman Sanchez: No. Mr. Hernandez: No. Vice Chairman Sanchez: Thanks -- Commissioner Sarnoff The week before -- City ofMiami Page 43 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Mr. Hernandez: Thanksgiving is the 22nd Commissioner Sarnoff Okay. Commissioner Regalado: Oh. Mr. Hernandez: This is the 28th. Chairman Gonzalez: All right. Vice Chairman Sanchez: Okay. Chairman Gonzalez: So be it. Vice Chairman Sanchez: So we need a motion for that. We need a motion to schedule a special meeting on -- the meeting of the CRA to address this item -- Mr. Hernandez: Correct. Commissioner Sarnoff Second. Vice Chairman Sanchez: -- and only this item. Commissioner Sarnoff As amended, second. Chairman Gonzalez: All right. [Later..] Chairman Gonzalez: All right. We need a motion to adjourn. Pamela E. Burns (Assistant City Clerk): Oh, excuse me. Commissioner Sarnoff So moved. Ms. Burns: Excuse me, sir. Chairman Gonzalez: Yes, ma'am. Ms. Burns: On PZ. 6 -- we were trying to get your attention -- there was no vote on the deferral Commissioner Sarnoff Oh, right. Ms. Burns: -- to coincide with the CRA (Community Redevelopment Agency) meeting, to hold a special meeting. Vice Chairman Sanchez: Madam Clerk, as always, you're on the ball. Ms. Burns: Thank you. Vice Chairman Sanchez: All right, so I need -- we need a motion to -- Ms. Burns: We have a motion; we don't have a vote. City ofMiami Page 44 Printed on 11/28/2007 City Commission Meeting Minutes November 9, 2007 Chairman Gonzalez: All right. Vice Chairman Sanchez: Okay. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Sarnoff There was. Second. Chairman Gonzalez: There was a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Now you have a vote. Unidentified Speaker: What time is that? Chairman Gonzalez: Now we need a motion to adjourn. Commissioner Sarnoff So move. Vice Chairman Sanchez: That's always in order. Unidentified Speaker: What time? Chairman Gonzalez: We have a motion to adjourn. Unidentified Speaker: What time was that meeting? Chairman Gonzalez: Is there a second? Vice Chairman Sanchez: That meeting will probably be at 5 o'clock, 5: 30. Unidentified Speaker: I think you need to know definitely. Unidentified Speaker: Five o'clock. Vice Chairman Sanchez: Five o'clock? Five o'clock. Chairman Gonzalez: Five o'clock. Mr. Hernandez: Five o'clock. Unidentified Speaker: Thank you. Chairman Gonzalez: Yeah. Vice Chairman Sanchez: Sharp. Chairman Gonzalez: All right. City ofMiami Page 45 Printed on 11/28/2007