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Home My WebLink AboutCC 2007-12-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IF Ali Meeting Minutes Thursday, December 13, 2007 10:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes December 13, 2007 PLANNING AND ZONING ITEM(S) Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. On the 13th day of December 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 Joe Sanchez at 5:33 p.m. and recessed at 9: 29 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk City ofMiami Page 2 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 PART B Chair Sanchez: Ladies and gentlemen, the City ofMiami Commission is back in order. For those of you that were not here in the morning, we have a very voluminous agenda, as you are aware, because in December we usually combine both the regular agenda and the PZ (Planning & Zoning) agenda together, so today we've had a couple of items that have taken quite some time, controversial items that have been addressed by this Commission, and therefore, what we want to do is we want to try to get some control of this agenda. Now, this agenda was presented to us. It was already prepared. The Vice Chair at the time didn't have any control of the agenda for the sake of putting the agenda together. I don't have any control of this agenda, so there's going to be items that are not going to be heard today. Now, what don't want to do is have you here staying till 1 or 2 o'clock and 3 o'clock in the morning. I've always stated that when we have items like this, that we drag on for 2 o'clock, 3 o'clock in the morning, we're doing a tremendous injustice to the people that come in front of this Commission, so what we're going to do is, we've asked the City Manager to put the prioritize items that we're going to listen to. We have a time certain at 5, which we'll listen to, and then we're going to fry to get some of the PZ noncontroversial items out of the way; then we're going to hit the agenda, fry to go through it. Now, ifI see that we're not going to be getting through the agenda, what I'm going to recommend is that you go home, enjoy your holidays; and come back next either regular Commission meeting or PZ meeting. Once again, it's not my fault. I don't think it's any of the Commissioners' fault. It's just that the way the Administration put this agenda together. There's no way we're going to get this agenda put together. Even if we stay till 6 o'clock in the morning, I don't think we'll be able to do it, butl do apologize for that. We're going to try to get through it. "[Later...]" Chair Sanchez: All right. Let's go to Crosswind [sic]. Commissioner Gonzalez: Yeah. Chair Sanchez: Let's take that up. It was properly advertised, for the record, at 5 o'clock. Well get to it. When we're done, we'll get to the rest of the remaining of the agenda, which is still very thick. All right, Crosswinds. Now I've been advised this is a full hearing. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. Chair Sanchez: All right. Mr. Fernandez: Shifting gears. Perhaps first what we need to do is now that we're starting the P&Z (Planning & Zoning) items, I need to read the P&Z protocol. Chair Sanchez: That is correct. You're recognized for the record, Mr. City Attorney. Mr. Fernandez: Mr. Chairman, Commissioners, members of the public, we will now begin the Planning & Zoning items, and I will state the procedures to be followed during this meeting. P&Z items shall proceed as follows. Before the P&Z agenda is heard, all those wishing to speak will be sworn in by the City Clerk. Momentarily, she will administer the oath. First then, staff will briefly describe the request, whether it's an appeal, a special exception, a vacation, a text amendment, a zoning change, land use change, or a MUSP (Major Use Special Permit), and make the recommendation. After that, the appellant or the petitioner, as the case may be, will present their position. Following that, the appellee, if it's applicable, will present their position, or if not, then it becomes open to members of the public who will be permitted to speak on all of the items. Questions may be asked of any presenter, but all questions need to go through the City ofMiami Page 3 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair, and at the conclusion of all presentations, the appellant or petitioner will be permitted to make final comments. Mr. Chairman, it's appropriate for you, at the beginning of each of these hearings that you will have today, to establish the time limitations for the presenters, giving both sides equal time, if represented by attorneys or, as the case may be, represented -- if they represent a group, and then also establishing the allotment of time for individuals, for members of the community that would be here speaking for themselves, so having said that, then we move to the item that you have called. Chair Sanchez: All right. Before you do that, anyone who will be speaking on this item or any other PZ item, you need to be sworn in, so please stand up. Madam Clerk, let's swear them in. Don't worry. Well do it again in the next couple of hours as people walk in. Priscilla A. Thompson (City Clerk): Ifyou're in the chambers and you will be speaking and testifying on any of the P&Z items, I need you to please stand and raise your right hand and repeat -- I'm sorry. Just raise your right hand and then you'll respond. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. "[Later...]" Chair Sanchez: Listen, let's do something here. We're going to try to go through some of the PZ (Planning & Zoning) that are noncontroversial. Those of you that are leaving, happy holidays. Let's go ahead and take PZ.3, 4, and 5. That's noncontroversial. Let's get that one. Then we're going to follow with PZ.11 and 12, and then we're going to take PZ.15 and 16 and PZ.2. All right, so let's go with PZ.4, 5, and 6. Louis Terminello: Are we deferring PZ.14? Chair Sanchez: No. Mr. Terminello: Yes. Chair Sanchez: Oh, yes, we are. I'm sorry. Mr. Terminello: I represent them. We're -- Chair Sanchez: Yeah. I'm sorry. Mr. Terminello: -- offering to defer. Chair Sanchez: Okay. Wait a minute, but it hasn't been deferred by the Administration? Mr. Terminello: Yeah. I believe so, yes. Chair Sanchez: Okay, okay, okay. I apologize. Happy holidays to you. Mr. Terminello: Thank you, so we're done? PZ.1 07-01182 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED INTER -LOCAL AGREEMENT, IN SUBSTANTIALLY THE City ofMiami Page 4 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 ATTACHED FORM, BETWEEN THE CITY OF MIAMI, THE SCHOOL BOARD OF MIAMI-DADE COUNTY, AND THE COUNTY TO IMPROVE COORDINATION BETWEEN LAND USE AND SCHOOL FACILITY PLANNING; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; AND PROVIDING AN EFFECTIVE DATE. 07-01182 - PAB 09-19-07 Fact Sheet.pdf 07-01182 - PAB 09-19-07 Backup.pdf 07-01182 PAB 10-03-07 Item #2 - 07-01182-ILA.pdf 07-01182 PAB Reso.PDF 07-01180 Public School Concurrency Presentation.pdf 07-01182 CC Legislation (Version 2) - OLD.pdf 07-01182 CC FR 10-25-07 Fact Sheet.pdf 07-01182 CC Legislation (Version 2) - NEW.pdf 07-01182 CC Inter -Local Agreement - Revised.pdf 07-01182 CC Exhibit 1 to Inter -Local Agreement.pdf 07-01182 CC Exhibit 2 to Inter -Local Agreement.PDF 07-01182 CC 12-13-07 Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 3, 2007 by a vote of 9-0. PURPOSE: This will improve coordination between land use and school facility planning. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0717 Chair Sanchez: Okay, and let's do PZ.1, and then we'll do PZ.11 and 12. All right. PZ.1 is the school -- public school facility planning agreement. Commissioner Sarnoff Right. Commissioner Regalado: I move the item, Mr. Chairman. Commissioner Gonzalez: I'll second -- Commissioner Sarnoff Second. Commissioner Gonzalez: -- it. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. This didn't have a little problem last time? Okay. All right. There's - City ofMiami Page 5 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Commissioner Regalado: Well -- Chair Sanchez: -- a motion. Commissioner Regalado: -- I just did it because I have been briefed twice on this -- Chair Sanchez: Okay, okay, okay. Commissioner Regalado: -- so I know what we're doing here. Chair Sanchez: Okay, motion is made by Commissioner Regalado, second by Commissioner Gonzalez. This is -- Commissioner Sarnoff A reso -- Chair Sanchez: -- is it an ordinance? Commissioner Gonzalez: It's a resolution. Commissioner Sarnoff No, a resolution. Chair Sanchez: Oh, it's a resolution. Any discussion on the item? Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Have a good one. Happy holidays. Sorry to keep you waiting all day on this one. PZ.2 06-01057ac RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE (THAT PORTION OF) AN ALLEY LOCATED APPROXIMATELY ALONG THE NORTH SIDE OF NORTHEAST 17TH TERRACE BETWEEN BISCAYNE BOULEVARD AND NORTHEAST 4TH AVENUE, MIAMI, FLORIDA. 06-01057ac Planning Analysis.PDF 06-01057ac Public Works Analysis.PDF 06-01057ac Zoning Map.pdf 06-01057ac Aerial Map.pdf 06-01057ac Application & Supporting Docs.PDF 06-01057ac ZB 10-29-07 Fact Sheet.pdf 06-01057ac ZB Reso.PDF 06-01057ac Legislation (Version 2).pdf 06-01057ac Exhibit A.pdf 06-01057ac CC Fact Sheet.pdf LOCATION: Approximately Along the North Side of NE 17th Terrace Between Biscayne Boulevard and NE 4th Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of V Downtown, Inc. City ofMiami Page 6 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval with conditions* on September 6, 2007 by a vote of 5-1. ZONING BOARD: Recommended approval to City Commission on October 29, 2007 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow a unified development site. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-071 8 Commissioner Gonzalez: Would you take PZ.7 and 8? I believe they're not controversial. Chair Sanchez: Which one? Commissioner Gonzalez: PZ. 7 and 8. Commissioner Sarnoff How about 2? Chair Sanchez: All right. Wait, wait, wait. Yeah. We'll go down -- we'll -- listen, we'll try to get to all -- try all the P -- let's do PZ.2. PZ.2 is noncontroversial. Is it? Is there anyone in opposition to PZ.2? All right. Let's go. Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo. I am appearing on behalf of V Downtown. This is an alley closure. It comes to you with approval by the Plat and Street Committee, the Public Works Department; unanimous approval of the Zoning Board, and recommendation of approval from the Planning Department. We have entered into the record, through the Planning Department, a donation of $25, 000 for public benefit improvements to the neighborhood. Chair Sanchez: All right. Commissioner Sarnoff Well, wait, wait, wait. My -- okay, sorry. Go ahead. Chair Sanchez: No, no, no, no. Are you done? Ms. Garcia -Toledo: Yes, and I'm available -- Chair Sanchez: All right. Ms. Garcia -Toledo: -- for any questions you may have. Chair Sanchez: Did you have an opportunity --? Julianne Diaz (Assistant Director): Julianne Diaz, Public Works Department. The vacation and alley closure was approved by the Plat and Street Committee, and they met all the technical requirements, so -- City ofMiami Page 7 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: Okay. Once again, is there anyone in -- Ms. Diaz: -- we recommend approval. Chair Sanchez: -- opposition to this alley closure? All right. None. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Yeah. I make a motion to approve and also recognize it's Christmas, and I think we could do a little better. Ms. Garcia -Toledo: And specially after hearing some of the concerns that were expressed this morning by the neighborhood of problems in the neighborhood that need to be addressed, we will make -- proffer a voluntary contribution of an additional $10, 000 and bring the public benefit improvements to 35,000. Commissioner Gonzalez: Second the motion. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff second by -- Commissioner Sarnoff Wait, wait. I could have bargained for -- Ms. Garcia -Toledo: No. Chair Sanchez: Man. All right. For the record, motion is made by Commissioner Sarnoff second by Commissioner Gonzalez. The gracious donation was made voluntarily. Ms. Garcia -Toledo: Proffered voluntarily -- Chair Sanchez: Okay, proffered voluntarily. Ms. Garcia -Toledo: -- by the applicant. Chair Sanchez: All right. There -- any further discussion on the item? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay," and I did open it up to the public, and there was no one in opposition in the public. All right. Let's -- Ms. Garcia -Toledo: Thank you. Chair Sanchez: -- go ahead and do -- Priscilla A. Thompson (City Clerk): Chair, ifI may ask with the City Attorney. Does that proffer change your resolution and make it modified? Commissioner Sarnoff As modified. Chair Sanchez: It does make it modified, so -- yeah, it does. It modifies it. Jorge L. Fernandez (City Attorney): Yes. Well, the proffer is on the record. I don't think it -- typically, the resolutions reflect the proffers. We deal with that separately. City ofMiami Page 8 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Ms. Garcia -Toledo: I may add that we did send a letter to the Planning Department -- Mr. Fernandez: That's -- Ms. Garcia -Toledo: -- which they have as part of their file for $25, 000, and I will send another letter modifying it to 35. Mr. Fernandez: And that's typically the way we handle proffers. Chair Sanchez: Madam Clerk, are you satisfied with that? Ms. Thompson: Because the letter would be a part of the attachment that's part of the legislation, we'll show it as being modified. Chair Sanchez: Okay, so -- Ms. Thompson: Thank you. Chair Sanchez: -- for the record, as modified. Ms. Thompson: Thank you. Chair Sanchez: Okay. PZ.3 07-01013zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, IN ORDER TO MODIFY USE REGULATIONS TO ALLOW FOR MEDICAL AND DENTAL CLINICS AND OFFICES IN THE SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT BY CLASS II SPECIAL PERMIT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Item #1-07-01013zt - PAB.pdf 07-01013zt PAB Reso.PDF 07-01013zt CC Legislation (Version 2).PDF 07-01013zt CC 09-27-07 FR Fact Sheet.pdf 07-01013zt CC 10-25-07 FR Fact Sheet.pdf 07-003911u Legislation (Version 3).PDF 07-01013zt CC SR Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 5, 2007 by a vote of 9-0. PURPOSE: This will allow for medical and dental offices in the SD-9 Biscayne Boulevard North Overlay District by Class II Special District. City ofMiami Page 9 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12956 Chair Sanchez: All right. PZ.3 -- Ben, what is --? Lourdes Slazyk (Zoning Administrator): PZ.3 -- for the record, Lourdes Slazyk, Zoning. PZ.3 is a second reading ordinance to allow for medical and dental clinics in the offices in the SD-9. We added the changes from first reading. We put a 4,000 square foot limit on the establish -- on the practices and defined the practice as one or more medical professionals sharing a reception or waiting area operating as a single practice not to exceed 4,000 square feet. Chair Sanchez: All right. That's an ordinance on second reading. Is there anyone from the public in opposition to this item? Please identify yourself. This is the appropriate time. The public hearing is open. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. Commissioner Sarnoff A motion to approve. Mr. City -- Chair Sanchez: All right. There's a motion to approve. I need -- Commissioner Regalado: Second. Chair Sanchez: -- a second. Commissioner Sarnoff Mr. CityAttor -- Vice Chair Spence -Jones: Second. Chair Sanchez: Second by Commissioner Regalado. Jorge L. Fernandez (City Attorney): Yes. Chair Sanchez: Discussion. Commissioner Sarnoff you're recognized. Commissioner Sarnoff Mr. City Attorney, are you comfortable with the language addition? Mr. Fernandez: Yes. I believe that it achieves exactly what you intended, to preclude the type of use that was a problem before -- Commissioner Sarnoff And it will be -- Mr. Fernandez: -- that could have been a possibility before. Commissioner Sarnoff -- and it should withstand a challenge, correct? Mr. Fernandez: Right. Commissioner Sarnoff Okay. Chair Sanchez: All right, folks. That's an ordinance on second reading. Read it into the record, followed by a roll call. Mr. Fernandez: Yes. City ofMiami Page 10 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 The ordinance was ready by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.4 07-00049Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, 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 07-000491u CC SR 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 07-00049m u. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Nordica on 8th Major Use Special Permit. City ofMiami Page 11 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Motion by Commissioner Gonzalez, 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 12957 Chair Sanchez: All right. PZ.4. PZ.4, 5, and 6. That's Nordica. It's on second reading. Priscilla A. Thompson (City Clerk): I'm sorry, Chair, for my confusion. Chair. Chair Sanchez: Yes, ma'am. Commissioner Sarnoff PZ (Planning & Zoning) -- Chair Sanchez: PZ -- Commissioner Sarnoff -- 4. Chair Sanchez: -- 3, 4, and 5. No, 4, 5, and 6. Commissioner Sarnoff Right. Vice Chair Spence -Jones: Is that what we're taking? Chair Sanchez: Yes. Ms. Thompson: I'm just -- I heard PZ.14. Did I hear that was being continued? Did I hear that? Chair Sanchez: That has been continued by the Administration earlier today to January. Ms. Thompson: Okay. Chair Sanchez: All right. Let's go. PZ.4, 5, and 6. Let's go. All right. Pedro G. Hernandez (City Manager): Commissioner, my understanding is that P -- I'm sorry -- FR.4 is -- Chair Sanchez: No, no. Mr. Hernandez: -- supposed to be deferred together with PZ.14. Commissioner Sarnoff Right, right, right. Chair Sanchez: Yeah, but we'll get to that. Hold on. Louis Terminello: We're all here for the same thing, so we should do the deferral -- Commissioner Sarnoff What are you here --? Mr. Terminello: -- together. Commissioner Regalado: That's the -- City ofMiami Page 12 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Terminello: We should do those two deferrals -- Commissioner Regalado: -- 5 o'clock -- Mr. Terminello: -- together because -- Commissioner Regalado: -- the 5 a.m. Mr. Terminello: -- everybody's here for the same two. Commissioner Sarnoff The 5 o'clock we agreed to -- Commissioner Gonzalez: What is that, FR.4? Commissioner Sarnoff -- let go of 'til next January. Chair Sanchez: Okay, both of those items -- listen, when we'll get to them, we'll defer them. They'll be deferred until the next regular Commission meeting at 5 o'clock, okay? Commissioner Sarnoff Right. Mr. Terminello: So we can leave then? Chair Sanchez: Yes, yes -- Commissioner Sarnoff Yes. Chair Sanchez: -- yes. Ms. Thompson: I'm sorry, Chair. For your record, I need to know who's speaking, who's asking, who's doing what. I don't -- Chair Sanchez: Madam Clerk -- Ms. Thompson: -- have -- Chair Sanchez: -- the district Commissioner will make that motion to defer those items. Commissioner Sarnoff I'll so -- Chair Sanchez: All right. Commissioner Sarnoff -- move to defer the -- was it defer or -- Chair Sanchez: No, no. Commissioner Sarnoff -- con -- Chair Sanchez: Continue. We'll -- Commissioner Sarnoff -- continue. Chair Sanchez: -- take it up next. Let's go with the PZ items. Let's go, let's go. Commissioner Gonzalez: All right. PZ.4, 5, and 6. City ofMiami Page 13 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: Yes. Roberto Lavernia (Chief of Land Development, Planning Department): May I? Commissioner Gonzalez: Is there opposition to that? Chair Sanchez: No, there isn't any opposition to that, but let's go. Commissioner Sarnoff Just make your record, and let's go. Mr. Lavernia: 4, 5, and 6 are companion items. 4 is the future land use map change; 5 is the zoning change, second reading on both, and number 6 is the Major Use Special Permit for the Nordica project. Planning Department is recommending approval, and I'm just going to read the condition number 11 on the records. Pursuant to design -related comments received by the Planning director, the applicant shall meet the following condition: (a) Provide a continuous sidewalk paving materials across vehicular areas and ramp driveway up to the sidewalk within the landscape verge; number -- (b) -- we delete condition number [sic] (b); number [sic] (c), Articulate the pedestrian sidewalk to give dominance to the pedestrian realm over the vehicular areas. Vehicles will rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being at the maximum allowed by Public Works; condition (d) we are deleting also, so we're deleting (b) and (d); and then finally, number -- letter (e), Provide a new landscape plan indicating what type of material that are being proposed to screen the parking garage. A continuous canopy of shade trees to Southwest 7th Street shall be provided close to the edge of the curb in the public right-of-way (at no greater than 33 feet on center) to provide a buffer for pedestrians from vehicular traffic, prior to the issuance of any building permit. That's it. Thank you. Chair Sanchez: All right. Listen -- Jorge L. Fernandez (City Attorney): Mr. Chairman --- Chair Sanchez: -- Madam App -- Mr. Fernandez: -- I believe these are conditions that attach to number 6, correct? To the MUSP. Mr. Lavernia: I read the number 6, the MUSP, and -- Mr. Fernandez: Correct. Mr. Lavernia: -- this is the condition for the MUSP. Chair Sanchez: Okay. These conditions are applied at the MUSP. Okay. Madam Applicant, this is on second reading, brief. Lucia Dougherty: Thank you very much, Mr. Chairman, members of the Commission. Lucia Dougherty, offices at 1221 BrickellAvenue, here today with Patrick Range, as well as my clients, Henry and Peter Torres, who are in the audience. Remember that we rezoned the SD (Special District) -- the C-1 portion so that we could push the garage down, and therefore, make a much lower garage and a much lower building, but we kept the R-3 in the rear, so on 7th Avenue, the R-3 remains as townhouses. There is no garages that you can see. It's internal loading and internal parking. We have met with the staff. We did over 13 changes in order to come to this resolution. The staff is recommending approval, and we would ask your approval. City ofMiami Page 14 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Commissioner Gonzalez: Let me correct you. You said on 7th Avenue; it's on 7th Sfreet -- Ms. Dougherty: 7th Sfreet, sorry. Chair Sanchez: Yeah. Commissioner Gonzalez: -- and the reason I'm correcting you because, you know -- Ms. Dougherty: No, you're right. I'm sorry. Commissioner Gonzalez: -- they will take you to court, and because you say avenue instead of a street, they will have to bring it back. Ms. Dougherty: Thank you very much. Chair Sanchez: All right. This is an ordinance on second reading. Commissioner Gonzalez: I'm ready to make a motion on PZ.4. Chair Sanchez: All right. There's a motion by -- Commissioner Regalado: Second. Chair Sanchez: -- Commissioner Gonzalez, second by Commissioner Regalado. Before we open it up for discussion, it is an ordinance on second reading requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for a vote. All right. Mr. City Attorney, read the ordinance into the record, followed by a roll call vote. Mr. Fernandez: Yes. The ordinance was ready by title into the public record by the City Attorney. Ms. Thompson: Roll call. Chair Sanchez: Yes, yes. 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 07-00049zc ORDINANCE Second 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 City ofMiami Page 15 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 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. 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 07-00049zc CC SR Fact Sheet.pdf 07-00049zc-Submittal-Nordica on 8-Development Data.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 IDs 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. The applicant has proffered a covenant for these properties. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 16 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12958 Chair Sanchez: All right. PZ.5 is an ordinance also on second reading, and -- Commissioner Gonzalez: I'll make a motion on PZ.5. Chair Sanchez: Okay -- Commissioner Sarnoff Second. Chair Sanchez: -- and that is a certain lot of Nordica on 8th Street, so there's a motion on the record by Commissioner Gonzalez, second by Commissioner Sarnoff. Before we open it up for discussion, it's an ordinance on second reading, requiring a public hearing. Anyone from the public wishing to address this item? Seeing none, hearing none, the public hearing is closed, coming back to the Commission for a vote. It's an ordinance. Read the ordinance into the record, followed by a roll call. The ordinance was ready by title into the public record by the City Attorney. Chair Sanchez: All right. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.6 07-00049mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE NORDICA ON 8TH PROJECT, TO BE LOCATED AT APPROXIMATELY 705, 709, 719-729 SOUTHWEST 12TH AVENUE; 1125, 1145, 1151, 1161-1171 AND 1177 SOUTHWEST 8TH STREET; 1118, 1124, 1136, 1140, 1152 AND 1162 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 152 FOOT, 13 STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 387 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 4,459 SQUARE FEET OF RESTAURANT SPACE; APPROXIMATELY 11,810 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 477 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 17 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 07-00049mu Item # 7 Nordica.pdf 07-00049mu PAB Reso.PDF 07-00049mu Revised School Impact Review Analysis.pdf 07-00049mu CC Legislation (Version 2).pdf 07-00049mu Exhibit A.pdf 07-00049mu Exhibit B.pdf 07-00049mu CC Fact Sheet.pdf 07-00049mu Outside Cover.PDF 07-00049mu Table of Content.PDF 07-00049mu Letter of Intent.PDF 07-00049mu Applications for Major Use Special Permit .PDF 07-00049mu Zoning Write-Up.PDF 07-00049mu Legal Description.PDF 07-00049mu Aerial.PDF 07-00049mu Zoning Atlas page 35.PDF 07-00049mu Project Data Sheet.PDF 07-00049mu Warranty Deed(s) and Tax Forms.PDF 07-00049mu Ownership List and Mailing Labels.PDF 07-00049mu State of Florida Corporate Documents.PDF 07-00049mu Directory of Project Principals.PDF 07-00049mu Project Description.PDF 07-00049mu Minority Construction Employment Plan.PDF 07-00049mu Sufficiency Letter and Traffic Impact Analysis.PDF 07-00049mu Site Utility Study (2).PDF 07-00049mu Site Plans for Property including Survey and Photos of Property .PDF 07-00049mu Economic Impact Study.PDF 07-00049mu-Submittal-Nordica on 8-Development Data.pdf LOCATION: Approximately 705, 709, 719-729, SW 12th Avenue; 1125, 1145, 1151, 1161-1171 and 1177 SW 8th Street; 1118, 1124, 1136, 1140, 1152 and 1162 SW 7th Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): N. Patrick Range, Esquire, on behalf of Calle Ocho, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on October 3, 2007 by a vote of 7-0. See companion File IDs 07-000491u and 07-00049zc. PURPOSE: This will allow the development of of the Nordica on 8th project. Motion by Commissioner Gonzalez, 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-07-0719 City ofMiami Page 18 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 conditions are applied, so for the record, those conditions applied to this item. Can we get a motion? Commissioner Gonzalez: I'll move PZ.6. Commissioner Sarnoff Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. Anyone from the public wishing to address this item, please step forward. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. This is a resolution, not an ordinance. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 4/0. Lucia Dougherty: Thanks very much. PZ.7 07-00789Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF 0.25± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 3624 NORTHWEST 23RD COURT, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-007891u - PAB Item 1 backup information.pdf 07-007891u PAB Reso.PDF 07-007891u CC Letter of Intent.pdf 07-007891u CC Application & Supporting Documents.pdf 07-007891u CC Legislation (Version 2).pdf 07-007891u Exhibit A.pdf 07-007891u CC FR Fact Sheet.pdf LOCATION: Approximately 3624 NW 23rd Court [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Michael J. Snyder, Esquire, on behalf of Miami Autoland, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 18, 2007 by a vote of 6-0. See companion File ID 07-00789zc. PURPOSE: This will change the above property to General Commercial. Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 19 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Direction by Commissioner Gonzalez to the Administration to schedule a meeting with the Commissioner to discuss items PZ.7 and 8 before said items go to second reading. Chair Sanchez: All right. PZ. 7 and 8. Roberto Lavernia (Chief of Land Development, Planning Department): 7 and 8 are companion items also. It's the land use and zoning change for properties -- Chair Sanchez: All right. Sir, you're recognized for the record as the applicant. Michael Snyder: I represent the applicant, Mr. Chairman, members of the Commission. Michael Snyder, with offices at 901 Northeast 167th Street. The application that's before you tonight is two applications, companion. They have staff recommendations for both. The boards both recommended unanimous -- Chair Sanchez: Approval. Mr. Snyder: -- approval. There was no opposition at any of the public hearings. If you want -- Chair Sanchez: All right. Mr. Snyder: -- I can go on. Chair Sanchez: All right. Is there anyone from the public wishing to speak on this item in opposition? Commissioner Gonzalez: I'll move -- Chair Sanchez: The public hearing is -- Vice Chair Spence -Jones: Second. Commissioner Gonzalez: -- PZ. 7. Chair Sanchez: All right. Hold on 'cause I have to put this on the record. If not, they could challenge it that I didn't open up the public hearing. Commissioner Gonzalez: That's right. Chair Sanchez: The public hearing is closed, coming back to the Commission. There is a motion by Commissioner Gonzalez, second by Commissioner Spence -Jones. It is an ordinance on first reading. Read the ordinance into the record, followed by a roll call. The ordinance was ready by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.8 07-00789zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH City ofMiami Page 20 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 ATTACHMENT(S) AMENDING PAGE NO. 19, 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-2" LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3624 NORTHWEST 23RD COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00789zc Analysis.pdf 07-00789zc Zoning Map.pdf 07-00789zc Aerial Map.pdf 07-00789zc Application & Supporting Docs.pdf 07-00789zc ZB 09-24-07 Fact Sheet.pdf 07-00789zc ZB 10-29-07 Fact Sheet.pdf 07-00789zc ZB Reso.PDF 07-00789zc CC Letter of Intent.pdf 07-00789zc Legislation (Version 2).pdf 07-00789zc Exhibit A.pdf 07-00789zc CC FR Fact Sheet.pdf LOCATION: Approximately 3624 NW 23rd Court [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Michael J. Snyder, Esquire, on behalf of Miami Autoland, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on October 29, 2007 by a vote of 9-0. See companion File ID 07-007891u. PURPOSE: This will change the above property to C-2 Liberal Commercial. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: PZ.8 is a -- Commissioner Gonzalez: Mr. Lavernia -- Chair Sanchez: -- companion item. Commissioner Gonzalez: -- have a good evening. Chair Sanchez: No. You still got one more, right? Priscilla A. Thompson (City Clerk): Sir? Commissioner Gonzalez: I wanted. Chair Sanchez: It's a companion item, right? City ofMiami Page 21 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Ms. Thompson: Yes. Michael Snyder: Yes. Ms. Thompson: PZ.8. Chair Sanchez: Okay. You're not done yet. All right. PZ.8 is a companion item. Commissioner Gonzalez: Excuse me a minute. I need to meet with you on these two items before the second reading. Roberto Lavernia (Chief of Land Development, Planning Department): Yes, sir. Commissioner Gonzalez: I have a few questions and a few concerns, and I need to meet with you people. Mr. Lavernia: Yes. Commissioner Gonzalez: Okay? Chair Sanchez: All right. Mr. Lavernia: I will. Chair Sanchez: Is there a motion on first reading? Commissioner Gonzalez: Yes, there is. Chair Sanchez: Motion by -- Commissioner Gonzalez: Move. Chair Sanchez: -- Commissioner Gonzalez. Need a -- Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. Item is under discussion. Hearing no discussion from the Commission, the public hearing is open. Anyone from the public wishing to address this item, please step forward and identify yourself. Seeing no one, hearing no one, the public hearing is officially closed, coming back to the Commission. Ordinance on first reading. Read the ordinance into the record, followed by a roll call. The ordinance was ready by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Chair Sanchez: Happy holidays. City ofMiami Page 22 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Unidentified Speaker: You too. Chair Sanchez: We'll see you again soon. Unidentified Speaker: Thank you very much. Chair Sanchez: All right. Unidentified Speaker: Have a good evening. PZ.9 07-00391Iu 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 0.40± ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1252, 1262 AND 1272 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00391Iu-PAB Supporting Documentation.pdf 07-00391zc CC Land Use Map.pdf 07-00391Iu Aerial Map.pdf 07-003911u PAB Reso.PDF 07-00391Iu CC Application Supporting Documents.pdf 07-003911u CC Legislation (Version 2) - OLD.pdf 07-00391Iu & 07-00391zc Exhibit A.pdf 07-003911u CC FR 10-25-07 Fact Sheet.pdf 07-003911u Legislation (Version 2) - NEW.PDF 07-003911u CC FR 12-13-07 Fact Sheet.pdf First Reading LOCATION: Approximately 1252, 1262 and 1272 SW 21st Terrace [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ive Group One, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on April 4, 2007 by a vote of 9-0. See companion File ID 07-00391zc. PURPOSE: This will change the above properties to Restricted Commercial. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to continue item PZ.9 to the Commission meeting currently scheduled for January 24, 2008. Ben Fernandez: Mr. Chair, Ben Fernandez, 200 South Biscayne Boulevard. I'm here on PZ City ofMiami Page 23 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 (Planning & Zoning) items 9 and 10. We would like to ask for a date certain on those as well, a continuance on those matters. We're still working with staff on some design issues. Chair Sanchez: It'll automatically -- when you continue an item, it automatically goes to the next PZ agenda meeting. Mr. B. Fernandez: That's fine. Chair Sanchez: Okay. I'm not going to give you a time certain right now. It just -- they continued the item; it automatically rolls over into the next PZ meeting. Priscilla A. Thompson (City Clerk): But I'm sorry, Chair. Jorge L. Fernandez (City Attorney): Mr. Chairman. Ms. Thompson: According to my records, I don't have anything continuing it -- Mr. J. Fernandez: No. Ms. Thompson: -- at this point in time for B -- P -- Chair Sanchez: No. He's requesting to continue it. Mr. J. Fernandez: Correct. Ms. Thompson: Oh. Chair Sanchez: Okay. All right, so we need a motion. Is there a motion to continue both items to the next PZ meeting? Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" It has been continued to the next PZ item [sic]. Moving along. Mr. B. Fernandez: Thank you. PZ.10 07-00391zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 38, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1252, 1262 AND 1272 SOUTHWEST 21ST City ofMiami Page 24 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00391zc ZB Analysis.PDF 07-00391zc ZB Zoning Map.pdf 07-00391zc Aerial Map.pdf 07-00391zcApplication & Supporting Docs.PDF 07-00391zc ZB 05-14-07 Fact Sheet.pdf 07-00391zc CC Analysis.PDF 07-00391zc ZB Reso.PDF 07-00391zc CC Zoning Map.pdf 07-00391zc CC Legislation (Version 2).pdf 07-00391Iu & 07-00391zc Exhibit A.pdf 07-00391zc CC FR 10-25-07 Fact Sheet.pdf 07-00391zc CC FR 12-13-07 Fact Sheet.pdf LOCATION: Approximately 1252, 1262 and 1272 SW 21st Terrace [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ive Group One, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on May 14, 2007 by a vote of 9-0. See companion File ID 07-003911u. PURPOSE: This will change the above properties to C-1 Restricted Commercial. The applicant has proffered a covenant for these properties. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to continue item PZ.10 to the Commission meeting currently scheduled for January 24, 2008. Note for the Record: For minutes referencing item PZ.10, please refer to item PZ.9. PZ.11 07-007901u ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, 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. City ofMiami Page 25 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 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 11-09-07 Fact Sheet.pdf 07-007901u CC FR 12-13-07 Fact Sheet.pdf 07-007901u-Submittal-Support Signatures.pdf 07-007901u-Submittal-Declaration of Restrictive Covenants.pdf 07-007901u-Submittal-Map.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. 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. Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: Okay. Let's go to PZ.11 and 12, land use change, 5711, and then we're going to do PZ.15 and 16. All right. Madam Applicant. We'll get to 2, if you're lucky. We might get to 2 about 4 o'clock in the morning. All right. Well get to yours today. You're recognized. All right. Roberto Lavernia (Chief of Land Development, Planning Department): 11 and 12 are companion items, change to the future land use map and to the zoning atlas for some lots facing Northwest 57th Avenue. The Planning Department is recommending denial of the petition as presented because it is intrusion of commercial uses into a residential area. The Planning Advisory Board recommend denial, and the Zoning Board recommend denial also to the City Commission for the same thing. The Planning Department is recommending denial on both items. Thank you. Chair Sanchez: Okay. All right. Madam Applicant, you're -- First of all, is there anyone in opposition to this item here? Is there anyone in opposition to this item? Okay, go ahead. Melissa Tapanes-Llahues: Good evening, Mr. Chair, honorable Commissioners. My name is Melissa Tapanes-Llahues. I'm an attorney with the law firm of Bercow Radell & Fernandez, offices at 200 South Biscayne Boulevard, Miami, representing the owners of the property, and joining me this evening are the principals, Elena Rafael Rosado, Ralph Rosado, and Michelle Morejon, as well as our architect, Maria (unintelligible) and Rosario Kennedy. Our request this evening is a land use amendment and a rezoning from medium -density multifamily R-3 to restricted commercial, or C-1 zoning, as well as the acceptance of a proffered declaration or restrictive covenants that we have negotiated with the neighbors in this area. It provides for a six-foot masonry wall to be erected to separate our proposed project from the abutting City ofMiami Page 26 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 residential, as well as prohibits certain incompatible uses. Just to give you a little bit of background regarding the property. The property consists of three individual parcels of land located at the northwest corner of Red Road and Northwest 2nd Street. The applicant intends to develop the property with a mixed -use building consisting of a retail liner to hide the parking, as well as office space above for their own business operations, as well as for rental purposes. The three multifamily res -- buildings were constructed on the property in the 1950s and in the early '60s, and the property is immediately adjacent to C-1 zoning at Flagler and 57th Avenue. This applicant has a vested interest in the area. They are constructing a condominium to the east, across 57th Avenue. There is a rendering of that building, and this is just -- goes to show that the -- this Red Road area is on the cusp of a transition from these outdated multifamily rentals to strip mall commercial uses, to these pedestrian friendly residential, as what the applicant is proposing, as well as office uses to serve the residential area. Chair Sanchez: Is there a covenant attached to PZ.12? Ms. Tapanes-Llahues: Yes, there is, and -- Chair Sanchez: All right. Ms. Tapanes-Llahues: -- we've provided you with copies of that, as well as a petition from the most -- Chair Sanchez: All right. Ms. Tapanes-Llahues: -- abutting neighbors in support of our project. Chair Sanchez: This is an ordinance on first reading. Is there a motion? Commissioner Regalado: Yeah. I -- it is -- Chair Sanchez: There's a motion. Is there a second? Commissioner Regalado: -- District 4, so I move, and I just want to say -- Vice Chair Spence -Jones: Second. Commissioner Regalado: -- that it's important -- Chair Sanchez: All right. For the record, there's a motion and a second. Commissioner Regalado, you're recognized. Commissioner Regalado: Yeah. It's important -- thank you, Mr. Chairman -- to understand why all the neighbors in the area are supporting this because they -- number one, because the concept is rentals apartment, and this is an area where we have many, many, many old rental buildings. People do rent; retired people, people that live off social security. Number two, because the neighbors were asked what they didn't want, and to me, that was important because the neighbors said we do not want this, a Laundromat, a bar, a liquor store, whatever, and so they went on a checklist, and the covenant has several -- as she said, several restricted uses, and hopefully, this will bring to that particular intersection -- which, by the way, the only construction that have seen -- 57th Avenue has not seen many construction, only on 2nd -- on 3rd Street, and the building that they have for the longest time ever; 20 year -- 30 years there's no construction, so with that, I move the item -- Chair Sanchez: All right. City ofMiami Page 27 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Commissioner Regalado: -- for approval. Chair Sanchez: There's a motion and a second. Once again, I want to make sure that I open it up to the public. Anyone from the public wishing to address this item, please step forward. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission for a vote on PZ.11. It is an ordinance on first reading. Read the ordinance into the record, followed by a roll call. The ordinance was ready by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.12 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 11-09-07 Fact Sheet.pdf 07-00790zc CC FR 12-13-07 Fact Sheet.pdf 07-00790zc-Submittal-Support Signatures.pdf 07-00790zc-Submittal-Declaration of Restrictive Covenants.pdf 07-00790zc-Submittal-Map.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. City ofMiami Page 28 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 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. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. PZ.12 is an ordinance -- no. It is a -- yeah, it's an ordinance on first reading. That's where the covenant is attached. Is there -- Jorge L. Fernandez (City Attorney): Well -- Chair Sanchez: -- a motion? Mr. Fernandez: -- it is -- Commissioner Gonzalez: I'll move it. Commissioner Regalado: I move to approve. Chair Sanchez: There's a motion by Commissioner -- Commissioner Gonzalez: Second. Chair Sanchez: --Regalado, second by Commissioner Gonzalez. Mr. City Attorney. Mr. Fernandez: Yeah. This is a first reading. Certainly, before second reading, we would have had an opportunity to review the proffered covenant, and it would be appropriate -- Melissa Tapanes-Llahues: It's been submitted already. Mr. Fernandez: -- at that time then, upon our -- Ms. Tapanes-Llahues: It's been submitted -- Mr. Fernandez: -- reviewing it -- Ms. Tapanes-Llahues: -- to the CityAttorney's Office. Chair Sanchez: I just asked has it been submitted. Mr. Fernandez: Has it been submitted? Ms. Tapanes-Llahues: Yes, it has. Chair Sanchez: Yes. Ms. Tapanes-Llahues: It has been submitted. Mr. Fernandez: All right. Well, it still would be appropriate to include it upon second and final reading. City ofMiami Page 29 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: Okay, so you don't want to include it on the first reading? Mr. Fernandez: Well, I don't -- I'm frying to verify that we have received it and reviewed it and approved it, and I haven't been able to get confirmation of that. Chair Sanchez: All right, so just let the record reflect that on second reading the covenant should be -- Commissioner Gonzalez: Do it for the second reading. Chair Sanchez: -- attached. All right. That's the beauty of this; that we have two readings, first reading and second reading. Mr. Fernandez: Correct. Chair Sanchez: All right. The ordinance was ready by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Chair Sanchez: Okay. Ms. Tapanes-Llahues: Thank you. Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: Good night. Happy holidays. PZ.13 07-00795zc ORDINANCE 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. First Reading City ofMiami Page 30 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 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 07-00795zc CC FR 12-13-07 Fact Sheet.pdf LOCATION: Approximately 525 and 533 NW 2nd Avenue [Commissioner Michelle Spence -Jones - District 5] 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 Item PZ.13 was continued to the Commission meeting currently scheduled for January 24, 2008. Chair Sanchez: You're recognized for a -- Lucia Dougherty: The Manager had asked -- Chair Sanchez: -- date certain of the -- Ms. Dougherty: PZ.13, which the Manager asked for a continuance, and I'd like that for a date - Chair Sanchez: All right. Ms. Dougherty: -- certain of this next month. Yes. Chair Sanchez: It'll be at the next regular PZ (Planning & Zoning) -- Pedro G. Hernandez (City Manager): It will be the next Planning and Zoning meeting in January, which is the one in January. Ms. Dougherty: Very good. Priscilla A. Thompson (City Clerk): January 24. Chair Sanchez: January 24. Ms. Dougherty: Thanks very much. City ofMiami Page 31 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: All right. PZ.14 07-00796x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, AND THEREBY GRANTING OR DENYING A SPECIAL EXCEPTION WITH CONDITIONS AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 602.4, PERMITTED PRINCIPAL USES AND STRUCTURES, TO ALLOW A SUPPER CLUB AS PER C-1, SUBJECT TO ALL APPLICABLE CRITERIA AND APPLICABLE LAW, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3015 GRAND AVENUE, #320 AND #410, MIAMI, FLORIDA. 07-00796x Analysis.PDF 07-00796x Zoning Map.pdf 07-00796xAerial Map.pdf 07-00796x Letter of Intent.pdf 07-00796x Application & Supporting Docs.pdf 07-00796x Plans with OLD Zoning Write-Up.pdf 07-00796x ZB 07-09-07 Fact Sheet.pdf 07-00796x ZB Reso.pdf 07-00796x Appeal Letter.PDF 07-00796x Zoning Write -Up - NEW.PDF 07-00796x CC Legislation (Version 3).pdf 07-00796x CC Legislation (Version 4).pdf 07-00796x Exhibit A.pdf 07-00796x CC 12-13-07 Fact Sheet.pdf LOCATION: Approximately 3015 Grand Avenue, #320 and #410 [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Katherine Komis, Adjacent Property Owner APPLICANT(S): Nancy Terminello, Esquire, on behalf of Club Management Investment Group, LLC, a Florida Limited Liability Company FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Granted the Special Exception with conditions* on July 9, 2007 by a vote of 5-4. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a supper club (Visions). CONTINUED A motion was made by Commissioner Sarnoff, seconded by Vice Chairperson Spence -Jones, and was passed unanimously, to continue item PZ.14 to the Commission meeting currently scheduled for January 24, 2008. Chair Sanchez: All right. That should take care of the PZ (Planning & Zoning) items. City ofMiami Page 32 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Priscilla A. Thompson (City Clerk): Are you continuing PZ.14? Commissioner Sarnoff Yes. Chair Sanchez: Yes, we are. Now we need a motion to continue PZ.14. Commissioner Sarnoff I move to continue. Chair Sanchez: The motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- is proffered by Commissioner Sarnoff, second by Commissioner -- Vice Chairman [sic] Spence -Jones. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right. The item has been continued to the next PZ agenda. PZ.15 07-01152Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF 0.66± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 7300 NORTHEAST 6TH COURT, 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 # 5 PAB - 07-011521u.pdf 07-011521u PAB Reso.PDF 07-011521u & 07-01152zc HEPB Reso.pdf 07-011521u School Impact Review Analysis.pdf 07-011521u CC Application & Supporting Documents.pdf 07-011521u CC Legislation (Version 2).pdf 07-011521u & 07-01152zc Exhibit A.pdf 07-011521u CC FR Fact Sheet.pdf 07-011521u-Submittal-Applicable Land Use Policies of the City of Miami.pdf 07-011521u-Submittal-HEP Board Resolution 2007-52.pdf 07-011521u-Submittal-Support Letters..pdf LOCATION: Approximately 7300 NE 6th Court [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Milano at Ocean Drive, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Passed a City ofMiami Page 33 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 resolution on October 2, 2007 to support and encourage the adaptive use of the Historic Vagabond Motel. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 3, 2007 by a vote of 8-1. Also recommended to city boards, agencies and/or officials that 1) any or all use access from NE 6th Court be restricted (no loading or unloading), and 2) limit uses of adaptive reuse by a vote of 9-0. See companion File ID 07-01152zc. PURPOSE: This will change the above property to Restricted Commercial. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: Let's go ahead and get PZ.15 and 16. Who else is here for a PZ (Planning & Zoning)? You are, sir? Unidentified Speaker: 7 and 8. Chair Sanchez: Okay, 7 and 8. We'll get to you. All right. I promise. Anybody else? Commissioner Sarnoff PZ.5. Unidentified Speaker: FR (First Reading). Unidentified Speaker: FR. Commissioner Sarnoff Oh, FR. Chair Sanchez: No. Yeah, but hold on. Okay. All right. Let's -- Ben, what's yours? Unidentified Speaker: PZ.3 (UNINTELLIGIBLE). Chair Sanchez: PZ.3? All right. PZ.3 and -- sir? Unidentified Speaker: 7 and 8. Chair Sanchez: 7 and 8. You're next. How's that? And anybody else? All right. This is PZ -- Roberto Lavernia (Chief of Land Development, Planning Department): 15 and 16. Chair Sanchez: --15 and 16, which is a land -- Mr. Lavernia: Land use and -- Chair Sanchez: -- use change -- Mr. Lavernia: -- zoning change. Chair Sanchez: -- and a zoning change. Mr. Lavernia: For the records, Roberto Lavernia, Planning Department. 15 and 16 are companion items, land use and zoning change. The Planning Department is recommending denial of both as seeking intrusion into the residential area -- commercial intrusion into City ofMiami Page 34 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 residential areas. Thank you. Chair Sanchez: All right. Madam Applicant, you're recognized. Lucia Dougherty: Good evening, again, Mr. Chairman, and members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue, joined by Iris Escarra, as well as Eric Silverman, who is the owner of the property. The property is located at 73rd Street -- in between 73rd and 74th on Biscayne Boulevard. Commissioner Sarnoff Sounds like a good -- Chair Sanchez: You've done such a great presentation. Ms. Dougherty: Thank you. Chair Sanchez: It's first reading. Is there a motion? Commissioner Sarnoff Yeah. I'll so move it. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff second by Commissioner Spence -Jones. This is first reading. We have plenty of time for second reading. Usually, the County passes everything on first reading and deals with it on second reading. We're trying to try to get everybody on the agenda, so what we'll do is we'll go ahead -- Commissioner Sarnoff (UNINTELLIGIBLE) presentation (UNINTELLIGIBLE). Chair Sanchez: Is there anyone in opposition to this item? Is there anyone in opposition? Ms. Dougherty: This was one of my best ones. Chair Sanchez: All right. The public hearing is open. Is there anyone in opposition? Hearing none, seeing none, the public hearing is closed, coming back to the Commission. It is an ordinance on first reading. Read the ordinance into the record, followed by a roll call. The ordinance was ready by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call on PZ. 15. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Chair Sanchez: All right. PZ.16 07-01152zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 9, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" First Reading City ofMiami Page 35 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Votes: RESTRICTED COMMERCIAL WITH AN "SD-9" BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 7300 NORTHEAST 6TH COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-01152zc Analysis.PDF 07-01152zc Zoning Map.pdf 07-01152zc Aerial Map.pdf 07-01152zc Application & Supporting Docs.PDF 07-01152zc ZB 11-19-07 Fact Sheet. pdf 07-01152zc ZB Reso.PDF 07-011521u& 07-01152zc HEPB Reso.pdf 07-01152zc CC Legislation (Version 2).pdf 07-011521u & 07-01152zc Exhibit A.pdf 07-01152zc CC FR Fact Sheet.pdf 07-01152zc-Submittal-Applicable Land Use Policies of the City of Miami.pdf 07-01152zc-Submittal-HEP Board Resolution 2007-52.pdf 07-01152zc-Submittal-Support Letters. pdf LOCATION: Approximately 7300 NE 6th Court [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Milano at Ocean Drive, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Passed a resolution on October 2, 2007 to support and encourage the adaptive use of the Historic Vagabond Motel. ZONING BOARD: Recommended approval to City Commission on November 19, 2007 by a vote of 5-1. See companion File ID 07-011521u. PURPOSE: This will change the above property to C-1 Restricted Commercial with an SD-9 Biscayne Boulevard North Overlay District. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: PZ (Planning & Zoning) -- Lucia Dougherty: Thanks very much. Chair Sanchez: --16 is a companion. Well, no -- Commissioner Sarnoff So -- Chair Sanchez: -- it's -- yeah, I'm sorry. That's a zoning change. All right. We'll go ahead. Is there a motion? Commissioner Sarnoff So moved. City ofMiami Page 36 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Spence -Jones. Before we open it up for discussion, anyone from the public wishing to address this item? Seeing none, hearing none, the public hearing is closed, coming back to the Commission. This is a ordinance also on first reading. Mr. City Attorney, read it into the record, followed by a roll call. The ordinance was ready by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.17 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 37 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Item # 9 PAB - 06-00614mu -Sawyers Walk.pdf PAB 11.07.07-Item #2 - 06-00614mu1.pdf 06-00614mu1 CC Legislation (Version 2) - OLD.pdf 06-00614mu1 Exhibit A.pdf 06-00614mu1 Exhibit B - OLD.pdf 06-00614mu1 Exhibit B - NEW.pdf 06-00614mu1 Exhibit C.pdf 06-00614mu1 Exhibit D.pdf 06-00614mu1 CC 11-09-07 Fact Sheet.pdf 06-00614mu1 Cover Page.PDF 06-00614mu1 Table of Contents.PDF 06-00614mu1 Letter of Intent.PDF 06-00614mu1 Application for a Major Use Special Permit.PDF 06-00614mu1 Zoning Write-Up.PDF 06-00614mu1 Legal Description.PDF 06-00614mu1 Aerial.PDF 06-00614mu1 Zoning Atlas Page 23 & 36.PDF 06-00614mu1 Project Data Sheet - OLD.PDF 06-00614mu1 Project Data Sheet - NEW.pdf 06-00614mu1 Warranty Deed(s) and Property Tax Information.PDF 06-00614mu1 Ownership List and Mailing Labels.PDF 06-00614mu1 State of Florida Corporate Documents.PDF 06-00614mu1 Directory of Project Principals.PDF 06-00614mu1 Project Description.PDF 06-00614mu1 Minority Construction Employment Plan.PDF 06-00614mu1 Sufficiency Letter and Traffic Impact Analysis.PDF 06-00614mu1 Site Utility Study.PDF 06-00614mu1 Economic Benefits Analysis & OLD Housing Impact Study.PDF 06-00614mu1 Housing Impact Study Including Page 17.PDF 06-00614mu1 Enviromental Assessment Report.PDF 06-00614mu1 Site Plans for Property including Survey and Photos of Property.PDF 06-00614mu1 PAB Reso.pdf 06-00614mu1 CC Legislation (Version 2) - NEW.PDF 06-00614mu1 CC 12-13-07 Fact Sheet.pdf 06-00614mu1 CC 11-28-07 Fact Sheet.pdf 06-00614mu1-Submittal-Amendment to Settlement Agreement.pdf 06-00614mu1-Submittal-Analysis o fthe Adequacy of the Existing Level of Service Stan( 06-00614mu1-Submittal-ILA #1416 Parking Letter.pdf 06-00614mu1-Submittal-Sawyers Walk and The Sawyers Walk Project.pdf 06-00614mu1-Submittal-Memorandum-Historic Overtown Folklife District Stakeholders.' 06-00614mu1-Submittal-Horace Davis.pdf 06-00614mu1-Submittal-Overtown Community Benefits Agreement.pdf 06-00614mu1-Submittal-Development Pressures and the Need for Low -Income Housinc 06-00614mu1-Submittal-Statement of Objections and Evidence in Opposition to Major l Walk -Crosswinds Project.pdf 06-00614mu1-Submittal-Petitions.pdf 06-00614mu1-Submittal-Philip Bacon's Comments to the CRA.pdf 06-00614mu1-Submittal-Community Development and Housing Committee Document.p 06-00614mu-Submittal-Compliance of Sawyers Walk MUSP Memo.pdf 06-00614mu1-Submittal-Copy of Sawyers Walk Settlement Agreement.pdf 06-00614mu1-Submittal-Copy of File Number 07-00565.pdf 06-00614mu1-Correspondence from Charles Elesser.pdf City ofMiami Page 38 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 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 Sawyer's Walk project for the review of the environmental component. Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado R-07-0720 Chair Sanchez: All right. Let's fry to establish some procedures here, okay. How much time are you going to need for your presentation? 'Cause I have to give the other side the same amount of time. How much time -- Ben Fernandez: Our initial -- Chair Sanchez: -- do you need? Mr. B. Fernandez: -- initial presentation, maybe half an hour. Chair Sanchez: Half an hour, so therefore, we'll give you half an hour. The other side will have half an hour. What we're going to do for the independent speakers, two minutes. Two minutes, and you will be timed. All right. Jorge L. Fernandez (City Attorney): Mr. Chairman, I need to open up the hearing, if you allow me, by positioning the case because this is back to you from the courts. Chair Sanchez: Okay. You're recognized for the record. Mr. Fernandez: The Major Use Special Permit which is in front of you today is for a project known as Sawyer's Walk. This project was approved -- or this MUSP (Major Use Special Permit) was approved by the City ofMiami on October 6, 2006. The MUSP was granted to the applicant, Crosswinds, and other development applicants, including the CRA (Community Redevelopment Agency), who owns the land. The project is for a mixed -use project consisting mostly of condominiums and is to be located on vacant land between Northwest 6th Street to the north, Northwest 1st Court to the east, and Northwest 3rdAvenue on the west in Overtown. This is all in the Southeast Overtown/Park West CRA District. Power U challenged, by writ of cent appeal, the granting of this MUSP on various due process -related grounds, and on July 2007, the circuit court appellate division found that certain procedural due process violations occurred relative to the Sawyer's WalkMUSP and returned this case to you. The court, in doing so, has City ofMiami Page 39 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 asked that this be a new hearing, entirely new hearing before the City Commission. The court found, among other things, that Section 1703.2.3 of the Zoning Ordinance required that this MUSP application contain a development impact analysis that would show that Sawyer's Walk project is favorable to the environment. Section 2. -- (5) provides in part that one of the things the City Commission considers in granting the MUSP is whether the development will have a favorable impact on the environment and natural resources of the city. The court ruled that the environmental impact analysis had to be included in the application for the City Commission to have a complete MUSP application to review or approve. The court then found that the applicant's submittal of the analysis during the closing stages of the hearing was too late for opponents to question it, so the applicant has submitted an environmental impact analysis which has been on file with the City and has been made available to the public, so that aspect of the court's finding has been complied with. The court also ruled that the independent investigation - - than independent investigations are allowed by statute, and that Commissioner Spence -Jones complied with the statute by disclosing her independent investigation of a site visit to a housing project prior to the final action being taken on the MUSP during the last public hearing. Nevertheless, the court ruled the disclosure had to be made early in the hearing so that opponents could object to or rebut her independent investigation during the course of a public hearing. That is precisely why the Commissioner will be making a disclosure at the very beginning of this meeting. Immediately when I conclude, I would ask you, Mr. Chairman, to allow Commissioner Spence -Jones to address the issue raised by the court in remanding this case back to you. Please bear in mind that this is a new MUSP hearing and you should afford the applicant and any experts or counsel or recognized opponents and experts equal amount of time to make their presentation. Due process requires they each have a full and meaningful opportunity to be heard. Each lawyer may make a closing statement, and the applicant has a right of rebuttal, as I had stated earlier, so in summary, this is a brand-new hearing. Just because you had it once before, you know, you have to take all the evidence anew, and the impact -- the environmental impact is on the record, and by Commissioner Spence Jones making her disclosure statement at the beginning, we would have done everything the court has instructed us to do. Chair Sanchez: All right, so let's go ahead and give the Vice Chair the opportunity to put the disclosure on the record. Commission -- Vice Chairman [sic] Spence -Jones, you're recognized. Vice Chair Spence -Jones: Sure. Thank you very much. Thank you, Mr. City Attorney, so I am actually going to put all this information on the record. For the record, I want to state that went to see several residential projects in Detroit and Chicago, and otherwise, in the spring of 2006, to research mixed -use housing projects in cities like ours. The City ofMiami paid for all of those expenses. No developer, no individuals paid for that but the City ofMiami. I wanted to observe how other projects similar to the one that we're trying to approve today was sought and what they did in their particular communities. That was the whole purpose of my trip, and I made sure that got briefed before I went, after I went, every part of it, just to make sure that did the right thing. I think this research gave me a better understanding and made me better informed. I did not speak or meet with any of the developers on any of the projects. As a matter of fact, the only person thatl met with during my visit was the mayor's office, which is Kwame Kilpatrick's office, to talk to him about mixed -use development happening -- or mixed -income housing happening in the city of Detroit. That was the purpose of my trip. My conclusion from both cities, meaning Detroit and Chicago, was that the developments had improved the quality of life for the residents that were living there in those particular communities, and that was important for me, to see that and hear that not only from the residents but also from the government officials in that area -- in those areas. Before I made my visit, though, I asked the City Attorney if such a visit was allowed and was told that it was. I was advised by the City Attorney that should disclose the visit, and I did disclose it at the previous meeting when this Sawyer's Walk application was heard, but at the previous hearing, I was not advised that the disclosure needed to happen in the beginning of the hearing, so in other words -- I just want to be clear -- the only reason why did not disclose it was because I was not told by the City City ofMiami Page 40 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Attorney's Office that it needed to happen in the beginning of the hearing. That was the only reason why that was not mentioned. The court has ruled that the disclosure needs to happen at the beginning of the hearing, so I wanted to make sure that officially put it on the record, so I'm making this disclosure at the very beginning of the public hearing so that it is on the record. I have nothing to hide, and I wanted to make sure that it was understood for the purposes of my visit, and I think that, you know, it only makes sense -- and it's not that just visited Detroit or Chicago, but since being in office, I've fried to visit various cities that have the same type of issues that I'm having in my community to make sure that make a well deform -- well-informed decision, and to make sure I'm doing the right thing, so I under -- the other part of this that wanted to make sure -- because as this whole case has unraveled and all these things have been going on regarding this whole issue, I had some questions and concerns with the City Attorney regarding the Jennings case because on one -- on a couple of briefings, it was kind of communicated to me that as long as you didn't have a conversation with the two sides that were either supporting or against the project, then you were -- there were no issues, but after me further asking more questions because I did not want to have another issue, the question came up as to whether or not individuals might receive some sort of benefit, whether or not it be financial, whether or not it be, you know, parking or whatever that was, that that could be seen as a Jennings violation, so for me, I know that one of the things that I've been frying to do is to really make sure -- not for the two sides that were either for or against it, but everybody surrounding it, I fried to really make sure I got good information from various organizations to make sure I made the right decision, so that means I did have the opportunity to meet with all of the Overtown Folklife district folks, not about this project, but about overall revitalization. I got a chance to meet with LISC (Local Initiative Support Corporation), had been working with them to put some overall plan together for the Overtown Folklife District; Jackson Soul Food in the area that has a business there that we're supporting, so there -- several outside groups that did speak to to gather information to find out what really made sense for their businesses to do well, for their churches to do well, for their communities to do well, so I just wanted to make sure that I officially put that on the record too because if that was going to be an issue, I wanted to make sure I communicated that and at least let the City Attorney know that didn't want us to have -- or I didn't want to have a Jennings violation because I spoke to the overall community. It was advised to me that as long as I put it on the record -- correct, Mr. City Attorney? Mr. Fernandez: Yes. Vice Chair Spence -Jones: -- okay, that would not have that as an issue, correct -- Mr. Fernandez: Correct. Vice Chair Spence -Jones: -- Mr. City Attorney? Mr. Fernandez: Correct -- Vice Chair Spence -Jones: Okay. Mr. Fernandez: -- and our advice to you is that -- and to all the Commissioners is that in quasi-judicial matters in land use that come to you, that to the extent that you have not passed an ordinance that would allow you to have open free flow communications, the law is that Jennings prohibits any ex parte communication with any party, either the applicant or anyone specifically dealing with this issue. I understand that your disclosure goes to your general overall participation on your Saturday meetings with your community and in you representing and serving your community, but that you did not specifically or particularly address any of the development concerns of this applicant -- Vice Chair Spence -Jones: Right -- City ofMiami Page 41 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Fernandez: -- necessarily. Vice Chair Spence -Jones: -- and for those that know me, whenever this issue came up, whether or not it be in a big group or a small group, I did whatever it would take to make sure I stayed away from both groups. I would like to at least say to my fellow Commissioners -- and we cannot deal with this issue now. To me, I think that we do need to look at this issue ofJennings because it makes it extremely difficult for you to make a good decision, and I think that it's important for me to talk to Power U or talk to the other opposing group, or whatever the case may be, or the supporting group, so I could at least officially get their viewpoints, but because of the Jennings ruling now, I can't -- Mr. Fernandez: You cannot -- Vice Chair Spence -Jones: -- talk to anybody, and you know, sometimes it's best to hear both sides so you could figure out what makes the most sense, but since we do have this rule, it's like I can't talk to either one, so I'm going to suggest to my overall Commission -- Commissioners that we please look at trying to address this issue ofJennings because there's no way that you can create projects that are going to really impact the lives of people without talking to the people that either support it or really oppose it, so that is -- I just wanted to make sure that officially put that information on the record. Mr. City Attorney, is there anything else that need to do? Mr. Fernandez: No, ma'am. Chair Sanchez: That's it. All right. Let's go ahead and start with the presentation. Let's get the Administration's -- Roberto Lavernia (Chief of Land Development): Yes, sir. For the record, Roberto Lavernia, with the Planning Department. This is a reconsideration of the Major Use Special Permit in order to construct a mixed -use development comprised of four buildings, ranging in height from approximately 132 to 142 feet, 13 story, with approximately 1,050 total multifamily residential units, with recreational amenities, approximately 75,000 square foot of retail space and 1,610 total parking spaces. As part of the analysis of this reconsideration of the previously approved resolution, it contains a non -substantial modification. The following conditions remain valid. Condition 11. Pursuant to the present request of reconsideration, it has been determined by the Planning director that all modification are non -substantial, and therefore, the previously approved Resolution PAB (Planning Advisory Board) 06-060, dated June 21, 2006, along with below described conditions, still applies. Condition (a) In order to enhance the pedesfrian character of Northwest 3rdAvenue and Northwest 6th Street (west and south sides of Block 55, respectively) shall remain at a consistent height throughout; Condition (b) The pedestrian sidewalk area shall be maintained with a consistent, recognizable pattern, which shall continue across the vehicular entrances in order to give dominance to the pedesfrian realm over the vehicular area; (c) Provide details of the proposed wall mural or other artwork along the west elevation on Northwest 3rdAvenue (Block 55); Condition (d) Eliminate the residential entrance on Northwest 6th Street (Block 55, closest to Northwest 2ndAvenue) and consolidate it with the residential and commercial entrance located on Northwest 3rdAvenue. Condition (e) has been deleted. You have it in your package. The Planning Department is deleting Condition (e), and then for urban design, consider orienting the tallest building on the west side of Block 55 closer to I-95. The landscaping condition also has been deleted because the new plans comply -- address our concern. Thank you. Chair Sanchez: All right. Mr. B. Fernandez: Thank -- Chair Sanchez: Thank you. What we're going to do is we're going to clock you at 30 minutes, City ofMiami Page 42 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 giving the other side 30 minutes, and then we'll go ahead and open it up to the public, two minutes per person, so Madam Clerk, is the clock ticking? All right. Mr. B. Fernandez: Thank you, Mr. Chairman, members of the Board. Ben Fernandez, 200 South Biscayne Boulevard. Mr. Chair, ifI may ask a question, through the Chair, to Commissioner Spence -Jones before we get started. I would just like you to confirm, Commissioner, that in your meetings you did not have any meetings that directly pertained to this application. Mr. Fernandez: Mr. Chairman -- Chair Sanchez: Yeah. Mr. Fernandez: -- you know, the Vice Chairman [sic] may answer the question, but there is no cross-examination of anyone other than a witness, and the Vice Chair is not a witness. She's not a party. She is sitting here in her quasi-judicial capacity. She may answer if she chooses, but it is an inappropriate question to be asked by the applicant of the Vice Chair. Chair Sanchez: You want to answer it? Vice Chair Spence -Jones: I mean, I don't have a problem with answering. I met with absolutely no one regarding this application, period. Chair Sanchez: All right. Mr. B. Fernandez: Thank you. Chair Sanchez: The question has been answered and you can proceed with your presentation. Mr. B. Fernandez: I'll proceed. Again, I'm here today on behalf of the Miami Community Redevelopment Agency, the CRA, as well as Crosswinds Communities, and the CRA is the applicant. With me today is Mr. Tirso San Jose, the head of Florida operations for Crosswinds, Mark Coats, part owner and principal of the project, Mr. Matthew Schwartz, who's a consultant with Crosswinds Communities, Robert Behar of Behar Font & Partners, our project architect, Mr. Jack Luft, our planning consultant, Mr. Steve Langley, our environmental consultant, Phil Bacon of the Collins Center, our housing impact consultant, and Tony Jackson, our economic consultant. As Mr. Lavernia indicated to you and your city attorney indicated to you, this application was remanded for a new hearing in order for us to allow you -- allow us to present additional information to staff and Sawyer's Walk was a project that was approved by the Commission in July of last year after having obtained favorable recommendations from the Planning Department and the Planning Advisory Board. Since then, we've presented an environmental impact assessment and a housing impact assessment to the Department. They've reviewed this information, and they've revised their project analysis accordingly, and they continue to recommend approval -- the Planning Department continues to recommend approval of the project, as did the Planning Advisory Board. Just to refresh your recollection, and for the benefit of Commissioner Sarnoff who was not here when this application first came to the Board, I'll go over some of the background. Sawyer's Walk is the culmination of a joint effort between the CRA and Crosswinds Communities, which began almost four years ago -- I guess, five years ago. Crosswinds Communities was founded in 1971 and is one of the leading residential building companies in the United States, with projects in Michigan, Illinois, Indiana, Arizona, California, Texas and other states. The reason that the CRA is the applicant in this matter and not Crosswinds is that the property is owned by the CRA, and the property is the subject of a development agreement whereby the CRA has committed to building a mixed -use project on this site with a combination of workforce housing units, affordable housing units, and commercial space. The site is approximately 12 acres in size and comprises four city blocks. It's City ofMiami Page 43 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 located in Overtown between I-95, the Overtown Metrorail Station, and between Northwest 6th Street and Northwest 7th Street. This is very much a part of the urban core, and really there's one -- only one side of this project, the north side of the project, that actually faces the Overtown neighborhood. The other sides of the project face downtown, the interstate, or the Metrorail transit station. Unfortunately, as you all know, Overtown is one of the least populated residential areas in the City, with a very low percentage offee simple homeownership. In fact, this site in particular has been vacant for over ten years, and this is the case -- despite the fact that the area is designated for high -density residential development on your comprehensive neighborhood plan, which calls for a density of up to 300 dwelling units per acre on the property. Also, the property is within the urban center business district, which encourages high -density residential development. It's zoned SD-16 and SD-16.1, which are special zoning disfricts that were specifically designed to create the type of mixed -used project that Sawyer's Walk is proposing, and the intent of the SD-16 and SD-16.1 disfricts is to encourage residential development at high intensity with direct access to shopping, recreation, transportation, employment, and that's exactly what this project will provide, as you can see from the context map that we've -- that we have here to my right. Directly abutting Sawyer's Walk to the east is a new 17-story office building at the Overtown Meforail Station. There are also other high-rise office buildings underway, such as the Logik or Logik office building directly to the south, and there are new oppor -- job opportunities that are very proximate to the Sawyer's Walk property, so we believe that basically this project is consistent with the intent of the existing zoning district. We're not asking for a zoning change. The property's already zoned SD-16 and SD-16.1, and this project is entirely consistent with the intent provision of that zoning district, but more importantly, Sawyer's Walk also carries out the vision of the Overtown redevelopment plan, which is to create an inclusionary development that will help bring a variety of residents from different income levels back to the Overtown area. City leaders have been hoping for a project like this for many years, since 1979, when the redevelopment plan was first adopted by the Commission, and you'll hear more about that in a few moments from Mr. Jack Luft. The project itself is comprised of four buildings that range between 12 to 14 stories in height, developed along a plaza, which is Sawyer's Walk. In total, there will be 1,050 new residential units, with 75,000 square feet of commercial -- ground floor commercial space. The project is designed to create homeownership and housing opportunities for individuals and families with incomes that will range from 45,000 to $95, 000 a year, and the anticipated initial price of these units will begin at approximately $165, 000. A total of 160 units are workforce housing units that will be offered to families with incomes between 80 percent and 140 percent of median income, and an additional 50 units are set aside for subsidized low-income families. These units will be transferred directly to the City ofMiami. Miami -Dade County and the City ofMiami also have an option to purchase 62 additional units each to be conveyed to affordable housing families that qualify. There are a variety of housing types in the project, including a combination of live/work townhomes, as well as studio, one-, two -bedroom units, and there will be recreational amenities in each of the buildings. We've created a chart of some of the benefits that the project will be providing. The most important one, of course, is that this is the first major private investment in Overtown in over 50 years. It's going to provide extensive minority employment and training, as well as generate over $7 million in annual tax increment finance funds for the Community Redevelopment Agency, and at this point, I want to ask Mr. Behar, our project architect, to simply walk you through each of the buildings on the plan. Robert. Robert Behar: Good evening. For the record, Robert Behar, Behar Font & Partner, 4533 Ponce De Leon Boulevard. First and foremost, I'd like to commend your staff for working endless amount of hours in (UNINTELLIGIBLE) to make this a much, much better project, and in such, we have designed this project with a concept of the eyes on the street, and I'll explain to you why. As Ben indicated, the project (INAUDIBLE) four city blocks. What we have done is design -- I'm sorry, Mr. Gonzalez, ifI turn my back to you -- designed the project that the entire perimeter, with the exception of the minor entrances to the garage, of all the building have had either a retail space, work/live space, or habitable units, so the entire facade of the buildings have habitable spaces to not perceive the parking garages. That carries through all the levels of City ofMiami Page 44 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 the parking, and as you see here, all of the levels of the parking are concealed from the streets up to the rec. (recreational) levels, and I'm showing you where the towers begin. This is the pedestal, and from there you begin the towers. We have left it open to create the corridors to maximize the openness of the project, maintaining the facade so you do have the liner units -- all the units at the ground floor promoting that activity at ground level throughout the whole project. Again, the massing of the project has been done in such a way that -- to minimize any impact. You may hear a comment that we have turned our back to the street. Well, I beg that differently. What we have done is we assure that we have not turned our back to any streets. We have dressed every single street in the fashion that the Planning Department, the City is looking for to have habitable, workable space at those points. That is -- and in conclusion, we -- what we've done is created a plaza space at the continuation of the pedestrian mall to terminate and have a center focal point to be able to have it for the community. Thank you. Mr. B. Fernandez: Thank you, Robert. I'd like to ask Mr. Jack Luft to come up now and expound on the staff analysis, which confirms that the project complies with Section 1305 ofyour Zoning Code, as well as Chapter 1700, with respect to the requirements for a Major Use Special Permit. Jack. Jack Luft: Mr. Chairman, members of the Commission. My name is Jack Luft, 1717 Winward Way, Sanibel, Florida, and I come to you with 37 years experience as a planner, 28 years with the City ofMiami. I have submitted my bio (biography) and resume for the record. As a MUSP application before you, this application must address two sections ofyour Code, 1703.2 and 1305.2, which set forth standards and criteria for the review ofMUSP applications for your consideration and which, from the standpoint of staff review, provides objective measures for compliance of this project with your codes. 1703 sets out seven various sections which require submission of reports that have been prepared by specific experts in the fields of transportation and environmental planning, and housing, economic development. Those reports have been submitted in satisfaction of this section. I have reviewed them, and I concur with their findings. I find them to be complete and satisfactory for the purposes of this section. Section 1703 also requires that this application meet the standards of Section 1305.2 of the Code, which sets forth various design standards and criteria. The first section asks that the site and urban planning respond to the physical and contextual environment, taking into consideration the urban form and natural features of the area. What I want to do is submit to the City Clerk a full written copy, which I've also provided to those who have stood in the past in opposition to this, and I want to submit this to the record. I won't go through it in detail, but I do want to touch on this to make a few points. The project is in the 16. -- 6 -- SD-16 and 16.2 zoning districts, which permit, according to your Comprehensive Plan, up to 300 units an acre of unlimited height between the I-95 and Overtown transit station abutting downtown Miami Central Business Disfrict. To the north is R-4 and C-1 zoning, which permits up to 150 units an acre, and also, both districts allow unlimited height. The abutting development to the south is primarily high-rise office and governmental uses. The project design responds principally to the accessibility provided by the mass transit station, which directly abuts the project site on the east. It provides for high -density residential housing for low-, moderate -income families and workforce housing serving the Central Business Disfrict, the employment population of in excess of over 100,000 workers within a five-minute walk or People Mover or transit ride from this site, including Jackson Memorial Hospital Complex. Unlike the two high-rise towers which are to the east of this site in the Park West area that individually exceed 20 and 30 stories in height, the maximum height of this project has been kept to 13 stories as a transition in height, and as been pointed out earlier, there's a 17-story structure on the station site currently that is part of the project area, and this forms a transition in height to the west from that. The project provides an east -west linkage to the transit station along Sawyer's Walk, the namesake of the project. It provides shops and pedestrian promenade that provides that east -west connection that links to the Greater Overtown community to the west. It also provides a enhancement of the streetscape on 2ndAvenue, which leads you to the Overtown Folklife Village, and as such, provides direct connections and facilitates interaction between this project and the Overtown community. They strengthen the City ofMiami Page 45 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 functional internal relationships of the community, providing enhancement of pedestrian activity to shops and services in the area. The redevelopment plan for Overtown characterizes the preferred build environment as including housing stock in downtown Miami and neighborhoods of Southeast Overtown/Park West is extremely limited. The lack of residential alternative inhibits efforts to foster a 24-hour downtown, limits options for those who would otherwise choose to reside in a center city location. The Overtown plan specifically calls for a mix -- and I'm reading it directly from the plan -- of market -rate and affordable housing units and types, including rental, ownership, multifamily, single-family, and accessory apartments is necessary. You already have the single-family units to the west. You already have over 2,000 units that have been renovated that will provide rental housing through the public sector. This fills in the missing gap, the private sector market -rate housing that is needed to create a balanced income profile, a mix of economic incentives and income types to provide a balanced community. In this regard, I would like to submit for the record a selection of excerpts that I've provided from various public documents and reports around the country, most recently from New Orleans in the 9th Ward, where the citizens planning community for New Orleans has stated unequivocally that in rebuilding our neighborhoods, we must have a balanced mix of housing. We cannot afford -- we do not want strictly low-income housing. We want middle -income housing. We want an integrated economic neighborhood, and that lesson came from the 1960s and '70s, where this country learned the hard way that low-income projects that concentrate the poor stigmatized them and create conditions that are, in the long run, unhealthy for the community. Department of Housing and Urban Development has now refused to do that. United States Senate has passed resolutions opposing that approach. This project, the redevelopment plan that this community adopted, and the response of this development follows that pattern of enlightened mixed -income housing for this community, which is the way you build stable, sustainable neighborhoods. Part two of the Section 1305 says siting should minimize impacts of automobile parking. You've seen that all the driveways are kept to 6th and 8th Street; 7th Street becomes the pedestrian focus, as does 2ndAvenue. Buildings on corner lots should be oriented to the corner, and both -- all the street corners on 7th to 2ndAvenue all have major entrances to the buildings, as required. Architecture -- landscape architecture comply with the applicable landscape ordinances. Your staff has affirmed that it does meet your codes. Respond to the neighborhood context. In this respect, I have included in the report that I've submitted to the Clerk various representations that are directly from your adopted Overtown redevelopment plan, your CRA plan, which show a vision of the scale and type of architectural and development features that is sought for this area. I would point out that in the immediate station site and on this site we see buildings ranging from 7 to 15 stories in height. This is the vision of the Overtown redevelopment site, and immediately across the street, it shows more 15- to 17-story towers along the Metrorail right-of-way. This is west ofMetrorail in the Overtown target area. This is the redevelopment plan, and that is why this project, in my opinion, complies with the character and established nature of the Overtown community. It does provide a transition in height that respects the Folklife Village and provides a suitable environment for preserving the integrity of that area. It -- which is parts three, transition in bulk and scale. The details on the architectural styles you see are consistent with the contemporary architecture that has been built recently in the area, in Park West and in downtown. It's -- provides articulation. Importantly, it promotes pedestrian interaction. Key to this -- to the fundamental principle of this redevelopment plan was enlivening the public street space, the public walkways. Unlike suburban developments where buildings are sought to be pushed back, encircled with lawns and landscaping, this is an urban setting. It's a high -density setting. This project, by your own standards in your urban design codes, was asked to come forward, meet the street, and provide active pedestrian space; transparent windows and shops, and just as importantly, recessed plazas and courtyards that are provided -- and I've provided sketches from the project to show how it meets this -- that provides urban amenity space at grade, fully accessible. Your ordinance also says -- your standards say that there shall be secure private recreation space. There have been concerns raised that the recreation space on this project occurs at the upper levels at the top of the parking garage. I would remind you that this recreation space is private space for the residents. It's like the backyard of a single-family home. It is not meant to be space that people City ofMiami Page 46 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 approach and walk through. It is meant to be secure and removed from that public street space. This is the intelligent proper design solution, in my opinion, to use. The (UNINTELLIGIBLE) space on top of the garage is routinely done throughout the City, and especially in your downtown and Brickell areas. It has been done here, taking full advantage of the open space, the light and air that's provided at that level. You've minimized safety and vehicular conflicts, minimized the number of driveways. As they said, all the parking is internal. It's providing screening of street trees. There are no surface parking lots. Public and street spaces are set -- are -- setbacks are fully landscaped according to your urban design manual. The signage and lighting has been done in accordance with your sign code, and the natural features on the site, aside from two or three trees that were there that can be relocated and will be addressed in your building permitting process -- the area is currently asphalt parking lots, so with that, it is my finding -- and I've signed this and submitted it -- that this project fully complies, in my best professional judgment, with Section 1305 and 1703 of your Code, which is what's required of this MUSP application. Thank you very much. Chair Sanchez: Thank you. Mr. B. Fernandez: Thank you, Jack, and I'd like to ask Mr. Phil Bacon of the Collin [sic] Center to come up and address very briefly the housing impact assessment. Philip Bacon: Good evening, Commissioners. My name is Philip Bacon, with the Collins Center Pub -- for Public Policy, located at 150 Southeast 2nd Avenue. We wrote the housing impact analysis for the Sawyer's Walk project. We wanted to come and give you a perspective for -- because we've worked on the ground with a number of community groups for the past six years on this revitalization project in Overtown, and as such, we believe the Sawyer's Walk project to be vital and catalytic to a comprehensive strategy to revitalize Overtown. The strategy includes creating a diversity of housing choices, to include an opportunity for homeownership within Overtown such that current and future Overtown residents might benefit from private investment, job creation, and an improved quality of life. The board that we have in the center shows a comprehensive redevelopment plan for Overtown. We've worked long and hard on this with a number of community groups, as well as the CRA. The plan includes rehabilitation of existing housing, a concentration of infill housing, the development of potential business corridors, and an area shown in yellow there where we feel Overtown could revitalize the quickest. This is the area where the Sawyer's Walk project is located and was chosen in part because of its access to transportation facilities, its large tracts of vacant land, and because of its location under the jurisdiction of the CRA. This last point is of utmost importance because the private development community relies on the CRA to promote economic revitalization through a host of activities, which include building appropriate infrastructure, ensuring that the tax base is maximized so that there could be additional commercial investment/job creation, and otherwise creating a set of comprehensive redevelopment strategies where projects are not subjected to economic isolation. Mixed -income and workforce is a type of housing that can attract multiple economic and social environmental benefits to a declining neighborhood. It not only revitalizes these economies but stabilizes them in order to create a recognizable demand for goods and services, such as grocery stores, cleaners, and other retail outlets. Moreover, a majority of developers have had a market bias towards disinvested urban core communities, such as Overtown. By contrast, Crosswinds, the developer of the Sawyer's Walk project, has invested over a million dollars seeking permission to bring private investment to Overtown. I want to make one point -- I want to make a quote by Michael Porter, who is a noted Harvard professor of business administration, and I'm quoting. He says, "A sustainable economic base can be created in the inner city, but only as it has been created elsewhere, through private for profit initiatives and investment based on economic self-interest and a genuine competitive advantage," and he goes on to say, "Not through artificial inducements, charity or government mandates." In Figure 5 that we have there, we see that a carefully orchestrated build -out of the areas that the CRA owns or has significant site control could produce a triple bottom -line effect of creating substantial economic activity harvesting a significant number of affordable and workforce units from the City ofMiami Page 47 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 mark -- from market -rate developers, and most importantly, integrating, as opposed to isolating Overtown in the mainstream of economic life. The Sawyer's Walk project is, again, consistent with all of the goals and objectives of every redevelopment plan since 1982. A way to offer low-income people an opportunity for upward mobility is to establish a vibrant economy, as opposed to warehousing poverty and despair. We believe this to be an appropriate and sustainable response to the housing and economic crisis in Overtown. People who have historic ties to the neighborhood, some doctors, some lawyers, some engineers, some longshoremen, could help jumpstart this frend towards upward mobility by showing living and informing other residents. It would be unjust not to allow these people to participate in the revitalization of their historic neighborhood because of a lack of ownership or market -rate housing choices. The Sawyer's Walk project would create these choices. Finally, we differ fundamentally with the approach of those who oppose this project as to what needs to be done to revitalize Overtown. In a report entitled "Inventory of Basic Housing Needs for Current Residents of Overtown" done for Power U, Jack Voss (phonetic) concludes, and I'm quoting, "The only way to recreate a viable community is to have a long-term plan that in its first phases focuses solely on improving educational, economic, and political opportunity for current residents. Traditional redevelopment should be prevented until current residents have had opportunities to improve their basic standard of living." We would counter this argument by supplying another quote from Michael Porter of the Harvard Business School. He says -- and I'm quoting -- "The time has come to recognize that revitalization of the inner city will require a radically different approach. While social programs will continue to play a critical role in meeting human needs and improving education, they must support and not undermine a coherent economic strategy. Accordingly, we must not allow --" Are we done? Unidentified Speaker: Yes. Mr. Bacon: Okay. Thank you very much. I appreciate having the time. Chair Sanchez: Two and a half minutes. Two more minutes. Jeffrey Bercow: Thank you, Mr. Chair. Commissioners, Jeffrey Bercow. I'm Ben's partner with the law firm of Bercow Radell & Fernandez, 200 South Biscayne Boulevard. A few technical housekeeping items for the record. We want to incorporate by reference into this record of this hearing the application, exhibits, documents, graphics, correspondence, and testimony from the 2006 hearings on the MUSP application under the same file number 06-00614mu. I'm also submitting for the record a copy of the settlement agreement and the lease and the development agreement, as well as the amendment from August. This incorporates the covenants regarding the unit mix and the requirements to provide minimum amounts of affordable and subsidized units. I'm also providing for the record the latest information from Miami -Dade County Public Schools and Miami -Dade County indicating that all schools serving this project will be operating below 100 percent capacity by 2010. That's from the plan amendment to implement school concurrency. That's when -- and that's when the project would reasonably expected to be open, as well as the housing study, with page 17 apparently missing from some of the MUSP copies that was sent to the Hearing office and Mr. Elsesser last month. Thank you very much. Mr. B. Fernandez: Great. Thank you, Jeff and just to wrap up. In conclusion, this application is not about setting a policy for this area. You did that when you rezoned the property to SD-16 and SD-16.1, and when you designated this site under your Comprehensive Plan for 300 dwelling units to the acre maximum. This application requires that you apply the Major Use Permit standards that are in your Zoning Code under Section 1703.2, and I think that we've done that both through our application submittal and through the testimony that you've heard here today. The application will have a favorable impact on the economy. It will efficiently use public transportation facilities. It is going to favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. It will efficiently use necessary public facilities. It will have a favorable impact on environmental and natural City ofMiami Page 48 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 resources, and as Mr. Luft went over, it meets the requirements of Section 1305, so we ask that you approve the application. We reserve some time for rebuttal. Yes, Commissioner Sarnoff. Chair Sanchez: Thank you. Commissioner Sarnoff Just -- Chair Sanchez: You have -- Commissioner Sarnoff -- have one -- Chair Sanchez: -- some questions. Commissioner Sarnoff -- question for him. Is that all right? Chair Sanchez: Yeah. Commissioner Sarnoff You said that 50 units were being given to the City ofMiami. Did you mean to say CRA? Mr. B. Fernandez: CRA. Commissioner Sarnoff Okay. Chair Sanchez: All right. Any further questions from the applicants? If not, the other side has exactly 30 minutes and 10 seconds. Charles Elsesser: Thank you, members of the Commission. I won't use all that time. My client will also be speaking as part of that time. My name is Charles Elsesser. I'm an attorney with Florida Legal Services and representing Power U and a number of individuals, many of whom will also be separately presenting some evidence tonight. I'm also presenting a written document, which I will give to the City Clerk, which has eviden -- or testimony -- argument within it, and I want to summarize that now, and as -- on behalf of my clients, and as set out in more detail in the written arguments, this project should not be granted a Major Use Special Permit. Fundamentally, the Major Use Special Permit criteria in the Zoning Code require a determination that this project is beneficial for the City, for the economy, for the housing, for transportation. Crosswinds is not a beneficial deal for the City, and particularly, for Overtown. Let's first look at the economics of the deal. This is not a private project, and I think that's the most fundamental important issue. The land which Crosswinds is developing is public land. It was purchased with public funds. It is CRA-owned land in the middle of Overtown. Crosswinds is being permitted to develop 1,050 condominium units and 75,000 square feet of retail space. All those units, except for three, are to be one- and two -bedroom units. The only significant concession that Crosswinds is giving is to deed 50 units to the City for resale to Overtown residents making up to 80 percent of median income, which is about $48, 000 -- $47, 000 for a family offour, or 43, 000 for a family of three. The median family income in Overtown is about 13,000. Now Crosswinds is to sell 165 units, which is 20 percent of its market -rate units, to families making up to 140 percent of median. Now calling units for sale at a 140 percent of median income affordable is ludicrous. A hundred and forty percent of area median income in the County for a family offour is $83,000 a year; family of three, it's almost 75,000. Now according to the current UTD bargaining agreement, a teacher with bachelor's degree that's worked in the school district for 22 years, the top pay grade, makes only $62, 000 a year. Starting teachers make $34, 000. You're not getting housing for people in Overtown. You're not getting housing for teachers, and this is not a price limitation. This is an occupancy limitation. There is no price limitation. There is no requirement that the developer set the price in an affordable level, and the developer is going -- and the developer -- not the CRA, but the City ofMiami Page 49 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 developer's going to be looking to you, to the CRA, and to the County to write down the cost to a level where it's even affordable to the 140 percent of median income, so you are going to end up using your state housing funds or CRA funds, or the County's housing funds to make this affordable even to the pe -- even to 140 percent, and these are funds that -- and if you want to try to get it lower than 140 percent, it's all going to come out of your pocket, and these are funds that could go to nonprofits to develop truly affordable rental housing, and then there's no requirement in the agreement as to how long any of these units shall remain affordable or whether there's any restrictive covenants, resale agreements. Meanwhile, you've agreed -- "you" meaning the City -- that all tax -- the City and the CRA, I guess, since you're both the CRA and the City -- increment funds up to 2014 will be used to pay for parking for this project. That -- those tax increment funds are valued at about $15 million, so they won't be used for any other projects. They will be used solely for this project. The developer gets a 99-year lease for the land, but there's no lease payments. The land is valued at about $16 million. All lease payments are forgiven under this deal as credit for the payment by Crosswinds of $6 million to Ted Weisel, supposedly to settle a lawsuit that you brought against them, and most of all, while you're not getting taxes from Crosswinds because the TIF (Tax Increment Fund) is going back into this project, you will be increasing the taxes of the small landlords and the small businesses who don't have a homestead on their property. Around Midtown, property values increased up to 400 percent in the area around there, which is great for the people that own that property, but it isn't great if you're a renter. It isn't great if you're a small business that's renting there, and so why do you take publicly owned land todo this project? Because the private sector wouldn't develop housing for 140 percent of median? And that's not true. I mean, Related -- the Related Group is developing their loft projects. They've got two loft projects filled, one is currently being filled, and they have a fourth one that's in the works, and their starting price for Loft number 3 is $220, 000. They are looking -- they're not using public funds, and they're not using public lands, and there's no subsidy in those projects, so if you want affordable housing for 140 percent of median, the market is providing it, and the -- now the developers say that you can't build housing for people that are in Overtown that are making 30 percent of median. You cannot develop homeownership housing for them, but you can develop rental housing. Every single tax credit project that goes through the State now has to commit to at least ten percent for less than 30 percent of median, so there is rental housing being built and it can be built, so what you're doing is giving up land, giving up $15 million in TIF money, and what you're really getting is 50 units of housing and to settle a lawsuit that you brought against the developer, plus a thousand units that are no better than what the market is already producing. It's also not a beneficial planning deal. The Zoning Code, both 1702.2, 1305.2, 1305.3, essentially say look at the project in the context of the community and the context of the neighborhood around it, and it hasn't been done in this case. We also believe that the project requires a variance with respect to the upper level footprint maximums, but most of all, it doesn't fit in the community. The project is a 12- -- 14-story mass dumped in the south end of what is really a low-rise community. The pictures and the buildings that they've cited, the high-rise buildings, the County building, they're all to the east, and so the real question is, is this facing the east, the downtown, or is it relating to Overtown? The high-rises are face -- are on the east side facing in the downtown. Literally, the way it's developed, with all the parking on the inside so that you drive in and you're on the inside of the building. You never have to go out on the street. The upper level open space is in -- on the fifth and sixth floor is self-contained within -- where you are able to sit with the 12-story walls around you. You -- they have asked you -- this is not -- this is private space now. This started out as public space. They are asking for a Class II Special Permit to be allowed to switch their open space from the outside to the inside to make it private space. You will have to approve that special permit tonight as part of this agreement. This project doesn't fit with Overtown, and if it does fit with the future of Overtown as you see it, an Overtown of high-rises with interior gardens, that is the problem. It is also not a beneficial housing deal, and I'd like to address specifically the housing impact study done by the Collin [sic] Center. It's in the presentation -- or in the application, it's labeled a draft, and it wasn't signed, but I understand that Mr. Bacon completed it. Your Comprehensive Plan requires as a goal that you preserve the supply of existing low-income housing. Your evaluation of your Comprehensive Plan shows that City ofMiami Page 50 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 you're not doing that. Your CRA plan specifically requires a policy of encouraging inclusion of very low-income housing in all new housing produced. This project does neither of those. Let me talk about this housing impact study 'cause there's -- this -- some really important issues that it brings up. First of all, there's this notion that nobody's getting pushed out of Overtown; that there's nobody there, and -- I mean, my office is -- we just represented 27 families that were living on the property of Logik Towers, where it was demolished within the last -- it was just demolished. They just moved out in the last couple months. Those people aren't in Overtown anymore. They have to find another place to live and that's happening over and over again, but there's another idea that's really a pernicious idea, and I really think it's important, and that is that because so much of the housing in Overtown is subsidized, is fixed income, we don't have to worry 'cause people are living in subsidized housing. That shows a fundamental misunderstanding of what we're trying to protect. The subsidized housing is exactly the kind of housing we're frying to preserve, and it is enormously threatened. The -- one of the major ways that people are living in subsidized housing in Overtown is public housing, and there's probably no more threatened type of subsidized housing right now than public housing. A housing agency can shut it down virtually at will, and what's going to happen as gentrification occurs is that you, as the Commissioners, and the County Commissioners are going to receive pressure from the developers to get rid of the public housing because nobody wants to live close to the public housing, and that's what happened in Scott Homes in Liberty City. In fact, HUD, who just took over the housing agency for the County, is encouraging housing authorities to do that. Shutting it down will be a County decision because they're -- they own that property, but you're lighting the match with this decision. You're saying that the vision you have for Overtown is inconsistent with public housing, so when it happens -- and that -- and there is pressure to shut that down -- it's going to come back here. I agree -- I disagree with an awful lot thatHr. Luft said, but one of the things I agree with him on is that this project is inconsistent with public housing, and what is going to happen, as sure as I stand here, is the next fight is going to be to preserve that public housing or to shut it down, and it's going to be because of projects like this. The other major way that people are living in Overtown is Section 8 tenant vouchers, but these require a willing private landlord, and their rents are limited by federal regulations. As soon as they can get more money from the private market where they can change to a condo, they can evict the Section 8 tenant now without any substantial notice, and it's increasingly hard to find a unit in a market with high rents. In Scott Homes, over half of the families that were -- that left with Section 8 vouchers have lost them within a year. The only other units the developer -- that study identified were projects that were subsidized by low-income housing tax credits, and those projects are almost universally for families making $35, 000 a year or more. Now none of this is talked about in that housing impact report. The housing impact report also lists a bunch of projects that are supposedly getting built. Most of them were supposed to break ground in 2007, and they haven't. One -- 25 percent of the rental units are Solomon -- are -- with no address -- Yuken, who is the developer that was written up in the House of Lies article as owing the City almost $800, 000 for failed projects, and then there's an attachment that lists a bunch of projects that the City supposedly helped with rental assistance. Some of these properties just don't exist, or I can't find them at the address that they have. One right next door to Power U is boarded up and foreclosed on. Another one, the tenants have come to me and come to Power U; they're being evicted from that property, and these are ones that are being cited by the developer as examples of the City helping. In conclusion, this is a bad deal for the City and for Overtown. The City and the CRA are giving away scare public land plus public revenue and getting very little for this. As I said, Related is building loft projects, which are virtually identical to these in terms of size, better location, and price, without subsidy. I did an analysis that I described in the document that I will give to the Clerk that shows that there is -- that over 12,000 condos in Miami -Dade County sold for less than 190,000 in 2006. Over 25 percent of the condos that were sold in the City ofMiami would have been affordable to families making 140 percent of median. That is not the target that you should be addressing. Your Comprehensive Plan recognized the preservation of existing low-income housing as one of the primary housing policies. The redevelopment plan focuses on the development of low and very low-income housing. The Development of Regional Impact, which this is part of, focuses on that preservation. This will City ofMiami Page 51 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 not accomplish any of that. Other than the 50 units which will not be affordable to most Overtown residents, there is little here that helps the existing Overtown and much that harms it, and that is the small businesses, small landlords, as well as the tenants, and I have one final point, and that is that this has become a signature project, whether it started out that way or not, for indicating the way that the City intends to proceed in Overtown, and yet, you're not getting advice from your City staff, from the CRA housing staff. There's never been an analysis of this project that I've seen by anyone other than the developer, and as a result, you're having your housing policy written by developers and their friends, and that might make sense in a private project, but it doesn't make sense for public projects, and it's not a good public policy. If you do the examination that I've set out here, you'll see that this is a bad deal. It's costly in terms of revenue and costly to the community with little benefit. For all these reasons, we believe that you should recommend denial of the Major Use Special Permit and the subsidiary permits. Thank you. I'd like to now introduce Denise Perry from Power U. Denise Perry: Going to give -- we have a short video that we want for you all to see, and I'm giving the cue to the other room to get the video started. Cue up. There we go. At this time, an audiovisual presentation was made. Ms. Perry: Thank you. My name's Denise Perry. My address, 1633 Northwest 3rd Avenue. We thought we'd bring you that video because the last time we had a meeting here, Overtown residents walked six and a half miles from their home to this City Hall to be heard about a very critical decision that lies before you today. We also recognize that the decision isn't held just by you, but it's held by the County. I'm offended first about the Crosswinds comments to choose the horrific conditions of forced -out residents from New Orleans as some justification for building this project. It is in disrespect that confir -- it's this disrespect that confirms what the intentions of this project is, gentrification. I'd like to first remind Commissioner Sarnoff of an endorsement that you gave us during your election. I have a letter here that you noted from -- that you agreed to the spirit of this letter that you sent to us. I pledge to you and Overtown that with your support I will continue to fight against Crosswinds and similar projects that force direct and indirect displacement. I think it's critical to understand the fights that you've had around conditions in your community and the power of galvanizing residents to force democracy to take action." Gonzalez, in the August 1 meeting, you were quoted in talking about the struggles in your district, which I'd like to add thatAllapattah is doing a lot better than Overtown because there is an economic viability. You haven't been raped of all of your businesses as we have in Overtown; that the employment hub ofAllapattah moves Miami. In those minutes, you noted that no matter what they call affordable, you're still unable to qualify people, and I think in this crisis that we're in around foreclosure, it seems incredibly irresponsible for us to continue to build when we don't have people who honestly can pay and afford to live there. Michelle, in your campaign platform, you said you opposed Crosswinds as it stands today. You stated at the August 1 meeting -- and I will quote just to be clear -- "Commissioner Edmonson and I have come together to figure out what's best for our district, and we're very comfortable with where we are with this agreement. I'm asking to have the support from my colleagues -- "dah, dah, dah, dah. I think the changes that have been made have" -- excuse me -- "been great changes. Of course, I'd like to see more things happening, butt will push hard, et cetera." I would like to make note about the changes that have happened in this project, and Power U has been in this struggle for three years. The 50 units for the community are now a hundred square feet smaller. There are no three -bedroom units. The prices have increased, requiring qualifying salary to be at 45,000 a year, and now the City and the County can use our money to purchase 62 units each, a bit ridiculous. If you want to buy a condo, go buy a condo, and finally, the insurance that any of these crumbs are delivered remains as weak as they were three years ago. I'd like to also say to Commissioner Regalado that we appreciate your steadfast sureness in understanding the impacts of this development in our community, and you've continued to support us in voting against this project, and I hope that we can count on you again today. The vote here has been framed as contentious. Why? Because Commissioners should follow the request of the people and not what you think is good for us. Sarnoff, you know this by the fights that you've held at City ofMiami Page 52 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mercy Hospital; that the decisions that came from the Commissioners weren't decisions that necessarily supported you and your community, but you guys held fast and stayed on your fight. Miami people do not want condominiums. Commissioners, heed the warning of the economic real estate experts and environmentalists locally and nationally who are looking at Miami and think we are ridiculous for building more condominiums. We should consider the tragic environmental impact the City is making by overdeveloping and putting our water in danger. Anyone who votes for this project is an act of irresponsibility understanding the facts brought to us both by our attorney and the voices of the people. It appears that you don't care what happens to Overtown, as long as it becomes part of the playland of development. Convincing yourselves that you're doing something good for the community, but you're only justifying a horrible decision so you can make another campaign speech about how some terrific new development you approved. Today, we stand here with dignity knowing that our struggle to free this land from the grips of this Commission will continue as long as we have breath. Just as those before us, we know that we live in a society where the haves are oppressing the have-nots. The haves justify this oppression by spending more money to hide us away, whether it being fencing us out, whether it's walling us out, whether it's pricing us out, or putting us in prison just so you don't have to look at us in the eye while you enjoy the fruits of our labor. We all know the facts. Schwartz, Spence -Jones, and the rest of the Commission, this is honestly not affordable. This project has not been improved. This project cannot be purchased by the average City of Miami resident, never mind a resident from Overtown. This project is still giving crumbs, 50 units, off the table of the community with no guarantees. Schwartz was quoted stating the project is targeted for those making 45,000 and up. Median income is about 35,000. Who can afford it? This project prices are certain to increase since the figures that we're talking about are from three years ago. The project is merely a tool to take Overtown away from the community. To all the people that are holding on to the dream that this project is going to deliver some new hope for Overtown is being suckered. Why would the very institution and people who continue to cheat us, push us out, lie to us and suddenly decide it's time to do right by us? We're not advocating for empty lots, years of litigation. We are simply saying that there are projects, developers, and opportunities greater than Crosswinds. We have presented this before, and I will enter it again, ten alternatives from around the country; places maybe we all haven't visited, but many of us have. Many of us know people who live there. These are projects that work. In the name of progress is how we continue to get suckered. The reality is we're not progressing. The City is increasing the divide between rich and poor with every condo they build and tearing apart every community. The progress we need is democracy, participation, honesty, integrity, opportunity, equality. Wake up, Miami. Take control. We're frying our damndest to take control, to wrestle the control out of your hands and to say that there is a real democracy and the people who voted you in are the people who make the decisions to move forward. It is sad that the democracy that we have is about a fight. We here in Overtown would like to say to Crosswinds, buy your own land. Unidentified Speaker: Thank you. Applause. Chair Sanchez: All right. Okay. All right. Now let's go ahead -- All right. Unidentified Speaker: It's not the end of our 30 minutes. Chair Sanchez: No, no. You -- well, you've got two minutes and thirty-four seconds, and then we're going to open up to the public, two minutes each. Emily Eisenhauer: All right. Chair Sanchez: All those who want to speak on the item can speak on the item. City ofMiami Page 53 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Ms. Eisenhauer: Emily Eisenhauer, 720 15th Street, Miami Beach. Priscilla A. Thompson (City Clerk): I'm sorry. Chair, just want to make sure. Is this part of the opponent's presentation or on --? Chair Sanchez: They have two minutes and thirty-four seconds, then their time is up, and then we open it to the public. Ms. Perry: And she'll be our -- she'll take that time. Chair Sanchez: Okay. I just want to afford you the due process. Ms. Thompson: Name again, please. Ms. Eisenhauer: Emily Eisenhauer, 720 15th Street, Miami Beach. I'm from the Research Institute, Social Economic Policy at FIU (Florida International University). A lot of the research we've done over the past several years has been on housing affordability in Miami, and what we've found consistently is that there is a mismatch between housing prices in Miami and income levels, and I think this point has been made, so I'm not going to go into all of that except to say that the most recent research that we've done shows that there's been a dramatic decrease in the number of low-income renters in the City ofMiami in the past several years. Renters are particularly vulnerable to housing prices, which is something that, again, I think we all know, and the City ofMiami lacks protections for renters, like many cities, such as New York, which our large renter cities have, and so I think this is something that the Commission should consider as going forward in Miami. We have increasing numbers of renters coming in, units coming on the market that are going to be renter -occupied, and without the protections for renters, what we see is the displacement. Decreasing numbers of people, especially lower income people renting, where are they going? We see this in Overtown with people who are being forced out of houses they've lived in their whole lives because they're renters and renters are especially vulnerable to this, to increasing house prices, so I just want to urge the Commission to consider the fact that renters are especially vulnerable, low-income renters are especially vulnerable. Projects like this put low-income renters at risk for displacement. Thanks. Chair Sanchez: All right. Thank you. Applause. Chair Sanchez: All right. The applicant does have time for rebuttal. Any rebuttal? I don't see any rebuttal from any -- you're not -- Would you like time for rebuttal? I mean -- Mr. Bercow: Yes, I would, but now or after all the witnesses? Chair Sanchez: All right. We could do it either way. You could do -- Mr. Bercow: After the witnesses. Chair Sanchez: -- now, or we'll do it -- okay. Let's go ahead and open it up to the public. All those that'll be speaking on this item, we're going to grant you two minutes, please. We're -- we have a long agenda today, and we're trying to see if we could get to a lot of these items that are on the agenda tonight. All right, sir, you're recognized. Two minutes. Neil Flaxman: Yes, sir. I'm Neil Flaxman, attorney at law, 80 Southwest 8th Street, Miami, Florida, and it's a hard act to follow after I heard from the Power U spokespersons, but we have a unique problem and that is consistent with, I think, a little bit of the overtone here, and that deals with what is this project going to be like and is it an open or closed project. Back in City ofMiami Page 54 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 October 26, 2006, an agreement was signed by Crosswinds -- I'll hand a copy to the Clerk at the end of my presentation -- and that specifically said that Crosswinds would support locating parking within the area for the ILA (International Longshoremens'Association) number 1416; that's my local, and what occurred after negotiations was the same type of feeling and tension I feel here with the Power U people. This appears to be a closed unit. They don't want us in there. They don't want the ILA people parking there, notwithstanding this agreement that was made in 2006 by them. We've tried to negotiate something. We've been unsuccessful. Historically, the ILA has supported the minorities, and we have logged over three million work hours for minorities working out of Northwest 2nd Avenue and 8th Street, which is across the property in question. We own the property -- we had owned the property in question. The City ofMiami was gracious enough to lease that property to us for some 17 years for $1, 400 a year, recognizing our contribution to the community, and that contribution is real; it's today, and I heard about the quote from Michael Porter, the Harvard professor, who probably has never been to Overtown. I think a more appropriate quote is this. When you think about the future of Overtown, you have an obligation to protect those who are historically and economically intertwined with Overtown, and that, of course, is the Power Upeople. That's the ILA, who has referred out over five -- perhaps, 5,000 people a year to work at the Port ofMiami, who is a viable unit -- economic unit to Overtown, and we just can't get in this project. We can't have the parking. They won't allow us the parking, so I think that aligning with Power U, we are in protest of this project. Chair Sanchez: Thank you. Mr. Flaxman: We do think it's a closed -in project, and it's not in the best interest of the residents of Overtown and the ILA. Thank you very much. Chair Sanchez: Thank you, sir. Next speaker. Please state your name and address for the record. Ellis Canty: My name is Ellis Canty. I'm with the International Longshoremen. I'm the business agent for Local 1416, at 816 Northwest 2nd Avenue. First of all, I would like to correct the attorney. I stand here -- and I don't know if I'm for or against because one thing I cannot change diversity, but it's one thing in two minutes I won't say a history. The gentleman said that they took a study and what it was zoned for. The longshoremen building been there since 1954, and hear me. In 1954 when they bought that building, they also bought three lots that were zoned for a parking lot. That was on the record, and it's in your record, and in 1982, those three lots was forced to be sold because, for the record, it was zoned for 5, 000 parking spaces for the arena when -- which that institution was still there. Those 5,000 spaces for the arena, it was forced by eminent domain, but still, we was zoned for a parking lot, but we was forced to sell, but better yet, our institution is still there. In 1994, through a resolution through the County Commissioner [sic], they agreed to give us that parking lot at a set price, as the attorney allude to you. For 17 years, all that property had went, but it was also zoned for so many years as a parking lot, but yet, I ask to you this. If today -- ifI came in here and I rebuilt my building or ifI built a building over there, how much parking space would I need or how much parking space could I get, and what would be demand through me through a zoning law, or better yet, through Crosswinds through the Overtown Advisory Committee? There was a project agreement -- they ask -- we asked Crosswinds to give us some parking space. If the individuals that was in my local in 1954 was -- stood here and preserved the future -- the reason why I say I'm not for or against, I'm here to preserve the future because we got history to show you where many of our members got tickets because of other projects that was there. I'm not here to look at tomorrow, five years, or ten years. Chair Sanchez: Thank you. Mr. Canty: I'm here for 20 years down the line. We might have 250 or 300, but the port is to City ofMiami Page 55 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 grow, and better yet, ILA ain't going to leave Overtown because we is an institution. Chair Sanchez: Thank you. Mr. Canty: Okay. A young lady want to yield me some of her time. Chelonda Ryans: My name is Chelonda Ryans. I'm a female longshoreman at ILA Local 1416. I'd like to yield my time to Mr. Ellis Canty, if you don't mind. Chair Sanchez: Okay. Sure. Mr. Canty: And as I stated, I sit and I spoke to Mr. Schwartz, and I told him today -- and I really want to grab him and hug him, but better yet, if you going to come into an environment or into a community, stand in good faith. Don't sit here and say let us pay, and if you can sit in a building from 1954 and look in there and see how it was changed, but better yet, you sit and agree to diversity, but better yet, your members is sitting here coming to work and they got to get a ticket because the new business or the new institute in the neighborhood is there and they don't want you there, and better yet, as I stated yesterday, a blue collar got the same right as a white collar, and better yet -- Applause. Mr. Canty: -- if individuals like myself don't preserve for 20 years, hey -- right today they say that lot was empty. We got a lease agreement. It's on the public record, but better yet, preserve it. Only thing we ask is to protect our members so that we can stand there and park 20 years and have some insurance, but if you going to come in the community, remember the word diversity. It shall stand if you be a neighbor and you hug your neighbor and you hug your friend, and you yield to your neighbor at their needs, and thank you. Chair Sanchez: Thank you. Commissioner Sarnoff Wait, wait. I have a question. Mr. Ellis, did you say -- stay up there. Mr. Canty: Yes, sir. Commissioner Sarnoff -- that eminent domain took your parking away? Chair Sanchez: No, no, no, no. Mr. Ellis: Yes, sir. Commissioner Sarnoff All right, and did you --? Mr. Ellis: At a cost. It was at a cost. Chair Sanchez: Then they bought it back. Commissioner Sarnoff Who bought it back? Chair Sanchez: You guys bought it back, right? The County sold it back to you? Mr. Ellis: The County didn't sell it; they leased it to us -- Chair Sanchez: Oh, they leased. City ofMiami Page 56 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Ellis: -- and they didn't give us the opportunity. Crosswind [sic] came there, but never gave us the opportunity to sit -- Commissioner Sarnoff My question's a little different. You -- Mr. Ellis: Okay. Commissioner Sarnoff -- said you went through an eminent domain proceeding, which meant -- Mr. Ellis: Yes, sir. Commissioner Sarnoff -- you had no choice. Did you go to trial? Mr. Ellis: No, sir. Commissioner Sarnoff You settled. Mr. Ellis: We settled, and one of the agreements -- Commissioner Sarnoff Did you get compensa -- Mr. Ellis: -- was -- one of the agreements, sir, was where we had a lease and we gave it through -- we gave through a scholarship fund, and right today, for 17 years, we've been using one of those lots that Crosswind [sic] have for the last 17 years. Commissioner Sarnoff So you settled; you took the money; you gave it to a scholarship, correct? Mr. Ellis: No. I didn't say give it to a scholarship. Don't misquote me. I said that we -- Commissioner Sarnoff Well, I'm frying to understand what -- Mr. Ellis: -- paid into a lease each year that went towards a scholarship. Now that goes to Off -Street Parking. Commissioner Sarnoff Well, you entered into a lease with who? Mr. Ellis: Off -Street Parking, the City. Commissioner Sarnoff Our division of Off -Street -- Mr. Ellis: Yes, sir -- Commissioner Sarnoff -- Parking? Mr. Ellis: -- for 17 years -- Commissioner Sarnoff For -- and do you have a copy -- Mr. Ellis: -- and still -- Commissioner Sarnoff -- of that -- Mr. Ellis: -- today. City ofMiami Page 57 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Commissioner Sarnoff -- lease? Mr. Ellis: Yes, sir. I can give you a check and a lease everyday. Commissioner Sarnoff So where is your lease -- where exactly are you leasing the premise from? Mr. Ellis: You can ask the CRA. I don't know what lot it is. The lot right there where they going to first break land. Commissioner Sarnoff What's --? Unidentified Speaker: 45. Mr. Ellis: Lot 45, and the thing is this, if we would have bought it and not lease it and we had a resolution here and not go by one year, only thing I'm saying is we don't want to be hoodwinked, and we even made some other agreements, but the thing is this, we're trying to preserve 'cause we not leaving Overtown. Everyone left there, and then you said the other day about education. The second chance institution for a young black man in Overtown is the longshoremen [sic], and we are that second chance institution. Vice Chair Spence -Jones: Let me just add, though, Commissioner Sarnoff. One of the things that we've been frying to do -- and I know that originally there was a number of 500 spaces that they need. I think the longshoremen have really fried to figure out a way to even reduce those number of parking spaces to accommodate some of the project -- I mean, to accommodate some of the guys and the women that are actually coming there to work. I know the lots that we just put out, 25 and 26, that we -- 25 and 36, that -- what we just approved last night, include some of those, and they were here last night -- Mr. Canty: We understand that. Vice Chair Spence -Jones: -- so that picks up some of them. What I was frying to do is just figure out a way from the City ofMiami. I know that we have through the City ofMiami Police Department also -- up under on 8th Street, there's an empty space there that we wanted to also provide and make available 'cause right now it's just being -- not being utilized at all, but I think what Mr. Canty and what the longshoremen have been asking for, as a part of the Overtown Folklife District Association, was to make sure that if this project took place that they at least identified some of the parking that could be made available, and the reality is, you know, if everyone's going to give a little to assist -- you know, to me, like I said earlier when we talked about the issue of -- Mr. Canty: Yes. Vice Chair Spence -Jones: -- the longshoremen and the port tunnel, I mean, I'd like to see a lot of those guys and young ladies coming back to live in the area, so -- and those are the same people that you said fall within that bracket, so -- but they're not going to be able to come here and not have a place to park and work and live. Mr. Canty: And I -- like I said, we not -- we fry not -- with Crosswind [sic] stay out this battle. Only thing we want to do is make sure we take care of our folks, and if it was tooken [sic] care by someone that thought like I'm thinking now, I wouldn't be here today 'cause you know what? We would have owned and we would have not have sold. Thank you. Chair Sanchez: Thank you. All right. Next speaker. City ofMiami Page 58 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Stephanie van Vark: Hello. I'm Stephanie van Vark, president of the Poinciana Village Homeowner's Association Board, located at 201 Northwest 7th Street, and I've been a resident of Poinciana Village in Overtown since 2000. Last year our residents stood before you and asked for the support of this project. In June our residents stood before the County and also asked for full support of this project, and today we stand again to ask for full support of this project. The residents of 64 units were told when they bought that the completion of this project would not be -- would only -- would not only be an opportunity for us, but also an opportunity to rejuvenate the community and an opportunity for Overtown residents to experience homeownership. I'm the baby of the bunch. There are residents who bought into this opportunity almost 20 years ago, and that's two decades of waiting and hoping for a complete and fully developed home. That's a long time, and we want to see that vision become a reality. I know we're concerned about the residents of Overtown, but please don't forget we're residents of Overtown too. We're hardworking, productive, law-abiding citizens of this great community, and we want to be happy and have a home we can be proud of. We are the only people in this project -- or only residents in this project that would be affected by this project, and we support it wholeheartedly. We want a home we envisioned and the home we were promised, and so we ask that you support Crosswinds. Chair Sanchez: Thank you. Ms. van Vark: Thank you. Applause. Chair Sanchez: Hey, listen. Let me ask. Let's be respectful of each other. We all have different opinions. This is a -- you know, that's -- it's democracy in its best form. You know, we have the right to disagree with each other, so please, let's respect each other. Charles Cutler: My name is Charles Cutler, 706 Northwest 4th Avenue. I'm a long-time resident of Overtown, and I'm working now to put some of our young people to work in Overtown. What we need now is jobs, and I've been looking at this whole process for a long time, and what I see is a lot of deception. I really don't like that because we actually live in Overtown. We purchased there. I have to sleep there. I raise my family there, and when people come in here that don't sleep there, they purchase very little in Overtown, then when they come in here and try to dictate what's going to happen in our community when we have drive -by shootings. We got turf wars. We got homeless people in there, and our children have to go to school in the morning and look at that, then you say that you want to bring more of that in our community? No. That's not fair. It's time for us to step up and take responsibility. The affordability issue. If this thing would have built -- would have been built three years ago before we had all this outside interference, we'd have had the first stage of this project done, and we'd have had -- already had people inside these houses and this whole thing could have been moving forward. We need to start building, and we need to start building now. We need the Crosswinds project. We need as much development as we can. I got young brothers coming to me every day saying, Mr. Cutler, help me get off this corner. I got young brothers coming out of prison that need jobs. I got mothers, young mothers that need jobs. I'm tired of playing these games. It's time to move forward, and when people start coming in here telling us how we supposed to live in Overtown, we don't need no overseers. This is our community. My family has lived in this community for over a hundred years, and it's time to move forward, and it's time to put this foolishness to the side. I see too many hidden agendas, and we depend on our leadership. We voted these people into office, and we want them to stand firm in whatever decision that they decide is best for our community, and we going to work with them, we going to build, and we going to grow together. Thank you. Chair Sanchez: Thank you. Applause. City ofMiami Page 59 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: No, no, no, no. Charles Cutler, Jr: Charles Cutler, Jr. Oh, excuse me. I'm sorry. Horace Davis: Mr. Chairman, I'm Horace Davis, and -- from 269 Northwest 7th Street, Unit 216. I've been a property owner in Overtown since 1990 -- 1980, I'm sorry. I was also part of the development team with Poinciana Village and Sawyer's Walk, along with Ted Weisel, John Harrison, Bill Sawyer and Bernice Sawyer. I was in charge of the effort to persuade the former property owners whose land was acquired through urban renewal to return as investors in Poinciana Village or to buy a condo. I tried for over a year to entice these former owners back. The only former owner who agreed to come back and reinvest some of the money was Mr. and Mrs. Sawyer. During the building of the first 64 units, I expended much effort over several years trying to interest Overtown residents in buying Poinciana Village units. We put together bond programs, surtax financing, SHIP (State Housing Initiative Partnership Program) dollars, and other assistance (UNINTELLIGIBLE) to subsidize the purchase of units by moderate income persons. At that time, the price for a two -bedroom unit started at $60, 000, truly an affordable home, and a number of Overtown residents bought into it. However, the majority of Overtown people we approached to buy it said if they wanted to buy and could buy, it would not be in Overtown. They would prefer to move to an area with more security, shopping and other amenities. These same units today are being sold in excess of 200, 000. I assured the buyers of the existing 64 units that their purchase would be a good investment. I also informed them that Poinciana Village would be completed and the three vacant Sawyer [sic] Walk blocks would be developed with similar type units. Chair Sanchez: Thank you. Mr. Davis: Mr. Chairman, I want to see this statement come true. Chair Sanchez: Thank you. Mr. Davis: Please approve this proposal today so that the owners who have invested in Poinciana Village and Overtown will see their dream realized. Chair Sanchez: Thank you, sir. Mr. Davis: Mr. Chairman, also I have a statement from Ted Weisel. He's unable to be here today. Chair Sanchez: Okay. Mr. Davis: Can I go ahead and read it? Chair Sanchez: If somebody -- I gave you your two minutes. If somebody from your side wants to waive the two minutes, you could read it into the record. Did somebody who was going to speak -- Rose Watts: I'll give my two minutes. Chair Sanchez: You do, ma'am? What's your name, ma'am? Ms. Watts: Rose Watts, 201 Northwest 7th Street, Unit 203b. Chair Sanchez: All right, sir. You got two minutes. City ofMiami Page 60 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Davis: Thank you. I'm speaking for Ted Weisel, 201 Northwest 7th Sfreet, Unit 401, in Poinciana Village. He was here November 9 and November 28, but today he's out of town. He has been a property owner in Overtown since 1980; that's 27 years. He has been a condo owner at Poinciana Village since 1991, 16 years. He's part of the development team of Poinciana Village and Sawyer's Walk with Horace Davis, John Harrison, and Bill -- Bernice Sawyer. He was in charge of responding to the RFP (Request for Proposals) by the City in 1987 for the Poinciana Village block. It was advertised; anyone could have responded. The team qualified and were awarded the block after many public hearings. The City stated what was to be built on the block. The team designed and built what the City wanted after many public hearings. The 64 units were sold as homeownership condo. The buyers were Afro-Americans, Latins, and Anglos. The buyers are also mixed income; some had assistance to buy, others didn't. The team responded to the RFP by the CRA in 1990 for the three Sawyer's Walk blocks. It was advertised; anyone could have responded. The team qualified and were awarded the three blocks after many hearings. The CRA stated what was to be built on the blocks, again, after many public hearings. The team designed what the CRA/City stated what was to be built on the three blocks. The plans were reviewed in countless public hearings and charrettes. The three blocks were named Sawyer's Walk. A joint venture entered into with Crosswinds is just a continuation of what the City/CRA requested in both RFPs. The joint venture development for Poinciana Village and Sawyer [sic] Walk with Crosswinds has been aired at many public meetings. No one is being displaced by this project. Chair Sanchez: All right. Mr. Davis: It is on the very southern edge of Overtown, next to the main post office, County office tower, Metrorail station, and a new private office tower under construction. Chair Sanchez: Okay. Mr. Davis: The scale of this development fits perfectly in this location. There are hundreds of vacant lots in Overtown where thousands of units for low-income people could be built. Chair Sanchez: Sir, in conclusion, just go ahead and turn it -- Listen, we're not going to turn anybody's mike off okay? Sir, ifyou could be so kind and turn the letter in to the City Clerk, it'll be on the record. Thank you so much. Mr. Davis: Thank you very much -- Chair Sanchez: Appreciate it. Mr. Davis: -- Mr. Chairman. Chair Sanchez: Yes, sir. Mr. Cutler, Jr.: Charles Cutler, Jr., 654 Northwest 10th Sfreet. I think the Sawyer's Walk project is great for our community, and I support it a hundred percent. Thank you. Chair Sanchez: Boy, I'll tell you, five seconds. Mr. Cutler, Jr.: Yeah. Chair Sanchez: All right. Short and sweet. Reginald Munnings: You want me to go? Chair Sanchez: It's -- City ofMiami Page 61 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Kelsey Dorsett: I wish I could do that, but can't. Good evening, Mr. Chairman, fellow Commissioners. My name is Kelsey Dorsett. I live at 201 Northwest 7th Street. I recently relocated Overtown because I wanted to be here. I want to be here. I was born and raised there. My family has been in Overtown for almost a hundred years. My grandfather came from the Bahamas; had a business operation right on 9th Street and so on. My family's been a part of Overtown for that long period of time. They were among the first black pioneers who contributed to the growth and development of Overtown, and we have been playing a part in education, banking, business, et cetera, and in civic affairs. In 1979, I was a part of one of several individuals, including Mrs. Dana Dorsey Chapman, Ms. Anne Marie Acker -- bless their souls; may they rest -- Charlie Johnson and others, who were appointed by then Mayor Ferre to create a new vision, guidelines, recommendations for the redevelopment of Overtown. From those efforts came the 1979 Overtown Redevelopment Plan. Though modified somewhat over the years, the foundation of the plan still exists today as we called for. It has been almost 30 years -- almost -- well, 27 years, almost 30 years since that -- nothing has been done of any significance. We think that the Crosswinds project should be done as soon as possible, and another part of that vision was to see Overtown reestablished as a vibrant, healthy community with middle-class families, white-collar workers, blue-collar workers, service workers and all others who would support the area's population and beyond with mixed -income housing, businesses, great schools and vibrant churches. Part of that vision was also that Overtown would not become a slum or dumping ground for government or subsidized housing. We foresaw a community of vibrancy and a place to be. I won't recount the early days, but suffice it to say, Overtown was the destination for many. Today we can replace (UNINTELLIGIBLE). Sadly, due to past governmental actions, I-95, 395, we're all aware of how Overtown has disintegrated into one of the poorest ghettoized communities in America, full of crime, murders, drug infestation, poor schools, poor healthcare, you name it. It was also quite disheartening to see on TV (Television) just about every night the program 48 Hours [sic] featuring the murders -- the drug murders that occur in Overtown that are unsolved as well. Chair Sanchez: In conclusion, sir. Mr. Dorsett: In conclusion, I'm here to encourage this Commission to fully support this project that has been languishing for too long while development all around the area has been occurring. We need to see Overtown begin to move, bring housing, bring jobs, economic development, and let's get it done. Chair Sanchez: Thank you. Mr. Dorsett: It's been too long. Thank you. Chair Sanchez: Thank you. Sir. Mr. Munnings: Good evening, ladies -- Chair Sanchez: Good evening. Mr. Munnings: -- and gentlemen of the Commission. My name is Reginald Charles Munnings. I live at 1130 Northwest 2ndAvenue. I am a long-time Overtown resident, born and raised. I am a college graduate and a veteran of the United States Armed Forces. I am also very active in the Roman Catholic Church. I am very worried about the future of my community and its people. This project offers no true opportunities to the people of Overtown. We have been very clear. The results of this project will be gentrification, the pushing out of current Overtown residents for wealthier, whiter residents who can afford $250, 000 for a one -bedroom condo. We have been clear these 12 acres of property should be accessible to the current residents of the Overtown community and provide quality and safe rental housing within their means. The City ofMiami Page 62 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 approval of 1, 000 condos defies logic given the current crisis in subprime loans, foreclosures, property taxes, and insurance, the condo glut, and the City's own discussions about bailing out condo developers who cannot find buyers. It's about time you've discussed bailing out your constituents from homelessness, slumlords, overpriced housing, and overcrowded living conditions. Injustice anywhere is a threat to justice everywhere. We deserve freedom from discrimination, and we deserve respect. We deserve a right to recognition and freedom from state or personal interference in the above rights, not just the Overtown historical special interests sites or the so-called stakeholders, but the entire community and its cultured people. Commissioner Michelle Spence -Jones, vote "no" to this project and vote "yes" to preservation and restoration without gentrification. Chair Sanchez: Thank you. Mr. Munnings: Thank you. Applause. Chair Sanchez: Sir, you're recognized for the record. Don Patterson: Good evening, Commissioners. My name's Don Patterson, president and CEO (Chief Executive Officer) of BAM Development Corporation of South Florida, proud affiliate of Greater Bethel AME (African Methodist Episcopal) Church, 245 Northwest 8th Street, Overtown, Miami. Both BAM and Greater Bethel are directly north of the project area. I'm here this evening to highlight the idea that community stakeholders have come together in support of the Sawyer's Walk project by way of the developer's commitment to a community benefits agreement that adjusts -- I'm sorry, that addresses the immediate impacts this project will have on our neighborhood. Know that January 2006 Overtown stakeholders came together in a series of meetings to discuss the problem of slow to no redevelopment activity in Overtown, in spite of the fact that BAM, St. John's and others have created as many as 1,000 units of affordable housing in both new construction and rehab, but because of scattered site development, the perception was nothing was happening. The solution was to concentrate redevelopment efforts within the project target area now known as the Historic Overtown Folklife District. It is expected that development momentum from this effort would fan out into the Greater Overtown community. The Sawyer's Walk project, with some initial reservations, was later favored by stakeholders because of its ability to jumpstart redevelopment and its potential for a long-term economic stability, housing and jobs. The problem was the stakeholders felt that the settlement agreement between the City and the developers was extremely lacking. The solution was to move the district boundary to the south to include the Sawyer's Walk project only with improvements or expansion -- I'm sorry, expanded commitment that addresses the developer's immediate impacts on the stakeholders via a community benefits agreement. In summary, we are here simply to say a lot of hard work has been done by the stakeholders that are directly impacted by this project. After nearly 24 months, we have -- we've now come together and are here to support the Sawyer's Walk project. We recognize the problems. We've arrived at an agreement with practical solutions among ourselves and the developer via the community benefits agreement and now ask the Commissioners to recognize the work by voting without hesitation in favor of the Sawyer's Walk project. Chair Sanchez: Thank you. Mr. Patterson: Thank you. Chair Sanchez: Ma'am, you're recognized. Good evening. Melissa Ross: Good evening. My name is Melissa Ross, 143 Northwest 27th Street. I'm a single parent of a six -year -old child who is here today to support us, and I can attest to the fact that I City ofMiami Page 63 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 lost a well needed Section 8 voucher due to the high price rentals and prejudicial screenings of the private sector. This land should definitely be used for my son and I and for the future of current Overtown residents. I would also like to request that you would please vote "no" against Crosswinds and any other projects of such the like. Please answer these three questions: What do we need? Unidentified Speakers: Housing. Ms. Ross: When do we need it? Unidentified Speakers: Now. Ms. Ross: What do we need? Unidentified Speakers: Housing. Ms. Ross: When do we need it? Unidentified Speakers: Now. Ms. Ross: What do we need? Unidentified Speakers: Housing. Ms. Ross: When do we need it? Unidentified Speakers: Now. Ms. Ross: Please give the rest of my time to Shannon. Thank you. Applause. Del Bryan: Mr. Chairman, the Board members, good evening. I know it's been a long day, and I basically would like to endorse much of what Hs. van Vark said as far as the homeowners in my own -- involvement in there, but I think what we -- I'm sorry. Del Bryan, 201 Northwest. What we're hearing really is a lot of fear and uncertainty, and that's understandable, and it's played out many, many times this year, and I'm going to suggest that perhaps, you know, once this decision is made, that the needs of the community be addressed in terms of how can we build from this some more positive things. I'd be happy to, Commissioner, work with that kind of direction. You've had a lot of suggestions from other persons here. I don't need to go over the same things again, but looking forward, there is a wound, and we will need to do some healing of it, but there's also some practicality. You can't build a house and give it away all the time, but we can help persons to raise their income levels, which then puts them in a position to be able to own their own houses, and if there's ways to, perhaps, set away some funds from this project to work on that concept, I think it would be a good thing for the residents and to do some of the healing that needs to be done in the community afterwards. There are a lot of good folks who live there. I've lived there for many, many years, and this has been divisive, and at the end of the day, we all have to live there, so I'm going to ask that this Commission look at some mechanisms to help to resolve the roadblocks, and I personally will be willing to work with that. Chair Sanchez: Thank you. Howard Watts: My name -- Chair Sanchez: Good evening. City ofMiami Page 64 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Watts: -- is Howard Watts. I live at 1704 Northwest 1st Place, and I've been sitting here listening to people on both sides. I'm also a senior citizen, andl heard Commissioners talking about they're in favor of the senior people here. If they go on with this Sawyer's Walk project, the people in Overtown that live here now will have to leave because the taxes will not be something they could afford. They can't afford no condos or anything else, but they will like to be here to see some affordable apartments build up where they could rent because people over here are renters. They have been renters for years, and they're -- but they pay taxes and everything, and this will displace them. They say now that Sawyer's Walk will not displace anyone. They are wrong. As soon as those apartments at Sawyer [sic] Walk open, people will leave here, more than one, more than ten, more than a hundred; thousands of people, and it's only 8,000 listed in Overtown. They will all be gone, and this would not benefit -- the people that used to live in Overtown, they won't come back over here. They left here years ago; they bought them a house. They might work downtown, wherever they -- but they will not sell they house to come back over here to buy a condo or anything else. Chair Sanchez: Thank you. Mr. Watts: See -- so we ask you really to kill this project. We don't need it. Chair Sanchez: Thank you. Mr. Watts: We need something for Overtown so we could have. Applause. Jermaine Banks: Good afternoon. Jermaine Banks, 2020 Northwest 1st Avenue. The gentleman on this side said something about New Orleans, and I want to say that new -- we have something in common with New Orleans. Today New Orleans was fighting to stop the demolition from tearing down the rest of the low-income housing they got, and we frying to preserve this property for low-income, quality housing, so we both have something in common. Eight thousand people stay in Overtown. Ninety percent of the 8,000 is renters. There's no such thing as rent control, no such thing as rental rehab. Even the affordable rentals we have has become unaffordable because of the rent increase. Twelve hundred and forty elderly people reside in Overtown, and they're not able to stay in the unaffordable space they living in because of the rent increase because they have what you call a fixed income, so these the problems that I feel like you need to address as elected officials and stop playing with this thing. These are serious gentrification problem that you should be addressing, and at the same time, we got unaffordable condominiums coming in from the rear, so we trapped and double trapped. We also have the Logik Towers Condominiums that came in and displayed 45 families that stayed in Overtown for over 20 years, and Ms. Jones not here, but she know a lot about that because she had something to do with it. It's a coincidence that this project that displaced 45 families is directly right across the street from the proposed Sawyer's Walk project, and I say all this to say that this property should be used for quality low-income housing that will serve the community of Overtown. When we first started our campaign against Crosswinds, we hit the streets hard. We weren't playing. We managed to get up 800 petitions signed by Overtown residents who was and still is opposed to the proposed Sawyer's Walk project. Today we have 700 petitions signed by Overtown residents, so altogether, we got 1,500. In addition to that, we also got 20 Overtown residents who are willing to speak out against this project, so I say this. If it's really about the community and what the community about, it's -- and what the community want -- that's what y'all say it's about, democracy -- then we need to take heed to the voices of the community. We need to take heed to the 1,500 petitions we got signed today. Can I -- Chair Sanchez: In -- City ofMiami Page 65 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Banks: -- present my petitions to you? Chair Sanchez: -- conclusion. Yes. You -- Mr. Banks: In conclusion, can I --? Chair Sanchez: -- could present it to the City Clerk. Mr. Banks: And vote "no" on Crosswinds. Thank you. Chair Sanchez: Thank you. Applause. Chair Sanchez: Why don't we save the applause for the last speaker, please? All right. Sarai Portilla: Good evening. My name is Sarai Portilla from the Miami Worker's Center and Miami in Action. I'm the organizer, like I said, for the Miami Worker's Center, and each day I walk through the streets in Wynwood, and what I'm seeing is just displacement. We have (UNINTELLIGIBLE) the Midtown project, Midtown Miami project, and all because of this project has been increase in rent, increase in taxes and displacement, so for that reason, I believe that is -- Crosswinds is the same kind of project. It will be just bringing more displacement for Overtown, and justI'm here saying vote "no" to Crosswinds. Thanks. Chair Sanchez: Thank you. Applause. Chair Sanchez: Hello. Save the applause for the last speaker, then y'all could do the wave; y'all could do the Superman dance. Y'all could do what you want to do. Joann Love: Good evening, Commissioners. My name is Joann Love, and I live 467 Northwest 8th Street, and I am against Crosswinds. I've told you that every time I came. It's not affordable for us. No way -- no kind of way, but for what I hear now, I hear that no one wants to really give us a break here because we do need that break. We are residents, long-time residents. My children grew up, finished school over here in Miami. I've been here 38 years, and I'm not planning on going nowhere, so you know, please help us. We need low-income housing. Chair Sanchez: Thank you. Ms. Love: Thank you. Jovan Lamb: Hello. My name Jovan Lamb, 660 Northwest 10th Street. I wanted to give some comments. I am not for Crosswinds at all. I'm not with it. I heard people speaking about some palm place that's at the edge really -- not really in Overtown, and they don't wake up slumming, and they don't know what it's like to actually sit on a corner and this and that, to be pushed out. All the people that stay in that building own businesses. They got -- they well financed, and you talking 'bout income? People -- I mean, straight up and down, we never got no chance, and then you sfrip us from a chance when we walk in there. We might be more smarter than the dude with the suit; know the business way better than them. We still ain't gave no chance, and then I walk around -- I even taped it. I should have brung [sic] it to you. Buildings going down slowly but surely, and these people playing this sideway games. They the same ones buying the buildings, then kicking the people out, then going to come here and say the lands are vacant. Come on, man. They playing this all around game. This ain't even right. I mean, what's so wrong? They got more than enough money to spend. What's so wrong with just helping the people? Know what I'm saying? They ain't asking you for no money saying support they children, and this and City ofMiami Page 66 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 that. They just asking for a little help, but all I see is everybody just looking for a little more in they pocket just to brag on. What -- I don't see where you going to get at with that, and it's -- to me, it's somewhat a new form of racism between rich and poor. It's not about black and white no more. You know what I'm saying? And that's straight up and down. That's slimy. You know what I'm saying? It ain't right. I ain't for Crosswind [sic]. I don't like it. IfI could, I'll burn they [sic] banners down. Chair Sanchez: Whoa, whoa, whoa. You didn't say that. Mr. Lamb: Oh, I'm sorry. Chair Sanchez: We'll scratch that. You didn't say that. Mr. Lamb: All right, all right. I'm done with that. Chair Sanchez: All right. Mr. Lamb: I'm just done. Chair Sanchez: All right. Thank you. Devonniear Turner: I'm Devonniear Turner, 1633 Northwest 3rdAvenue. I'm the youngest voice of Power U, and I'm here to say "no" to Crosswinds because, for one, I grew up in Power Ufor 14 year -- I mean, Miami for 14 years, and we don't need Crosswinds in Overtown. Where would the people who stay on the property go? If you drive through Overtown, you will see that everybody who got pushed off the land and all that stay in the sfreet. I don't want my family being in the street. I don't want to be in the sfreet. It's just that, so therefore, I'm just saying take a ride through Overtown and see what's going to happen to everyone. If the condo is being built, where am I going to go? Where I'm going to sleep? Where I'm going to go to school at? Chair Sanchez: All right. Mr. Turner: Thank you. Chair Sanchez: Thank you. Next speaker. Applause. Carol Thomas: Good afternoon. My name is Carol Thomas. My address used to be 525 Northwest 2ndAvenue. I was one of the persons that was displaced by that Logik Towers or Logik, or whatever they're calling it. You know, I worked all my life. I -- my family came to Overtown in the 1930s. I'm frying to still live over there, but of course, I had to move because of being displaced by people just like the others over there. I mean, it's not right. We need a chance. It's not right. I urge you to vote "no." Chair Sanchez: Thank you. Ms. Thomas: Thank you. Chair Sanchez: All right. Next speaker. Julia Williams: Okay. Chair Sanchez: Ma'am. City ofMiami Page 67 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Ms. Williams: Okay. My name is Julia Williams, 201 Northwest 7th Street, in Poinciana Village. Okay. I moved here in 2000. I pur -- my husband and I purchase a condo there. He was very ill. He passed away in 2001. He left me with a fixed income, okay. I have a part-time job working at YWCA (Young Women's Christian Association) Child Development Center. I go there and work to try to supplement my income to pay my association fee, to pay my mortgage. He didn't leave me with no whole lot of money, so I'm suffering. I'm trying to make it. I'm 100 percent for Crosswind [sic]. Thank you. Chair Sanchez: Thank you. All right, folks. We have to learn to agree to disagree in a respectful manner. You're recognized. Sharon Lightsey: Good evening, ladies and gentlemens [sic] of the panel. My name is Sharon Lightsey. I reside in Hallandale temporarily, but am a Overtowner. My thing is with this is that not only are you affecting the African American people, but it's diversity. We're talking about black, Cuban, whatever. Just because you go home every night and sleep in a suburban area, you sleep good, but then you got to also remember that you are human as well, and I vote against Crosswinds because I don't understand how a person can actually live with themselves to actually see people out on the sfreet, and that's what this is 'bout. It's 'bout putting people on the street, and it's 'bout more money in the pockets of the City ofMiami. You got to think about there are children, there are elderly people who need a place to stay. People are -- everyday is constantly moving out and being pushed out. The money that y'all got to spend on these expensive condos, try building more -- building a better training, some schools, some education for the ones who been there forever and a day, but by you doing what you doing, it's not going to make you a better person. It's just going to make us -- make the people of Overtown homeless, and that's all I got to say. Chair Sanchez: Thank you. Ma'am. Mary Louise Williams: My name is Mary Louise Williams at 269 Northwest 7th Street, Unit 320. I've been a resident ofMiami for 50 years. I've lived Overtown the complete time that have been a res -- a citizen ofMiami. I lived right across the street from Poinciana for 25 years. I am a retired person now, but when I moved Overtown, I never had no problem paying my rent. I worked; I saved. I did everything so I could get independent by buying. When I moved from across the sfreet to 269 Northwest 8th Street, which I'm 269 Northwest 7th Street now, I was told that when -- this was a beginning of Overtown being -- increasing the residents of Overtown and it would be nice, and it was explained to me that we were going to have nice condos, and the surrounding was going to be good. That was 16 years January 15. So far, we've been struggling. We've been -- we've really been struggling. I am a retired person now, and I'm still struggling. I haven't had a full-time job in at least ten years, butt work two part-time jobs in order to survive and try to make a decent living in a nice place. I am for Crosswind [sic] because we really need help. We've been struggling and struggling, and any -- if I'm at my age can struggle and still stay there, I'm sure some young people can get jobs and do the same. Thank you. Applause. Chair Sanchez: Thank you. All right. Sir, you're recognized for the record. Yes, you. Keith Ivory: Yes. My name is Keith Ivory, 1721 Northwest 1st Court, resident of Overtown. I grew up in Overtown as a young child, and I remember my mother taking me to buy tickets for the Orange Blossom Classic that used to come through. We used to go buy tickets from Mr. Sawyer down at that hotel. One of the fascination [sic] things about that was that my mother would tell me -- when Mr. Sawyer was blind at the time, but you was able to give him a five -dollar bill or ten -dollar bill, he was able to make -- to know the difference. We're not here in opposed [sic] to the Sawyers. The Sawyer's is a historic name that we all know and love. City ofMiami Page 68 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 What we're opposed to is the development and the gentrification that continues to sweep across this country, and if this keeps going on, in 20 years, where our children will be? Where our kids --? Where's the future? I just heard a report today that in 20 years that people who are in their teens now will not have no kind of 401 k plan. Where are we going with this, people? Not just here in Miami, but across the country, you know. If the -- if China starts trading in euros tomorrow, America is wiped out. If we keep this madness up, folks, America would be -- will be the new third -world country. Thank you. Irby McKnight: Irby McKnight, 1600 Northwest 3rd Avenue. Twenty-seven years ago, I stood here -- I lived then at 218 Northwest 8th Street, and prior to that, 642 2nd Avenue. I sold Classic tickets at the Mary Elizabeth Hotel. I was the front desk clerk, so I knew all about that, but I want to say here today that we went to Washington -- "we" meaning the names that Mr. Dorsett mentioned, Dana Dorsey Chapman, Ann Marie Acker, Charlie Johnson, and Dean -- and we asked HUD not to give us any more public housing. Overtown currently has one and a half percent of Dade County's population and six and a half percent of its public housing. This was a neighborhood that had no public housing and 40,000 homeowners. Thank you. Chair Sanchez: Thank you. Yes, ma'am. Good evening. Nancy Kohsin-Kintigh: Happy holidays, everyone. My name is Nancy Kohsin-Kintigh, 1633 Northwest 3rdAvenue. I'm a national organizer for the Feminist Majority Foundation. I'm a volunteer at Power U, and I am a business owner and taxpayer in Miami -Dade County. As a national organizer, I know that the gentrification of historically black and low-income communities, such as Overtown, is a disease that's ravaging this nation like a cancer. As I stand before you here and now, there are folks all over the country in their own city halls standing before their own elected officials facing the same plight that Overtown is facing, gentrification of historical land, forced migration of entire communities, politician sell -out, poverty, slumlords, and the eminent threat to survival, the lack of clean, affordable, quality housing. Affordable, quality housing in this city and in this country, in this nation is the big elephant in the room. Elected by the people, and supposedly, for the people, you should be addressing the real issues that are facing your constituents, and as a priority to ensure to these citizens that they will prosper. You should fight to make housing available, low-income housing. Safe, solid low-income housing is a foundation to human well-being. While doing community in the out -- community outreach in Overtown with the folks of Power U, I've met many, many Overtown folks. I bet I've talked to hundreds ofpeople by now, hundreds ofpeople who feel betrayed by the fact that Crosswinds is even still being considered by their elected officials and their city. Crosswinds offers nothing to Overtown residents. They know it and you know it. The largest percentage of Overtown residents will not even qualify for the subsidized units at Crosswinds. Let's not pretend that existing Overtown residents are going to be living at Crosswinds. Let's not Chair Sanchez: In conclusion. Ms. Kohsin-Kintigh: -- play. Speak the words that match your actions. Crosswinds is racism by the means of gentrification. By your actions in keeping this plan on the table for three years has said clearly that you are not listening, that you do not care to the essential needs of Overtown people, and lastly, that you are participating in the destruction of fiber of a historic community and the culture of those people. Chair Sanchez: Thank you, ma'am. In conclusion. Ms. Kohsin-Kintigh: Two more sentence [sic]. Three years of taxpayer money and valuable time has been wasted on this proposal. End it now. Shut it down. Just say "no." I beg you. Chair Sanchez: Thank you. City ofMiami Page 69 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Ms. Kohsin-Kintigh: Go home. Get a good night's sleep, and tomorrow, come back with a fresh mind and begin the work that you were elected to do. Develop solutions to real issues that are facing the folks in your areas. Chair Sanchez: Thank you. Ms. Kohsin-Kintigh: Thank you. Chair Sanchez: Thank you. Ma'am. Charmille Walters: Hello. My name is Charmille Walters. I live at 430 Northwest 7th Avenue -- Street, sorry; a little nervous. I'm a resident of Overtown, and over a year ago, I stood in front of you and said that was against this project because people like myself who work hard -- I'm college educated, got a student loan I have to pay back, frying to make ends meet. I had to move to Overtown because that was the only place I could find something within my budget thatl could fry and make a better life for myself. I live there. I hear the gunshots. I see the people selling drugs on the corner. I see the homeless people walking around out of their mind, so I'm in it, and I'm telling you this project is not going to stop that. A building is not going to stop that. I -- the -- where I live -- over a year ago, I mentioned that my apartment complex was going to convert to condos, and I -- you know, I'm in a situation where I cannot buy condos, so I was be -- I had to move. Fortunately for me, they are unable to sell those condos. Unfortunately for this project, that's a clear indication that there's no need for condos in Overtown. My -- the landlords have done a great job in painting the buildings, renovating the apartment complex to make it -- putting up security cameras to fry and draw people in. I've seen people who are middle class trying to move in, but then they see the people selling drugs on the corner and they don't want to move in, so this is not going to stop that. This project is not going to stop that, so I ask you to stop wasting time, money, resources on a project that's not going to address the needs of Overtown residents. Thank you. Chair Sanchez: Thank you. Next speaker. Agnes Morton: Good evening, Commissioners. My name is Agnes Morton. I reside at 1454 Northwest 43rd Street. I'm a registered nurse, a member of Power U, and a former Overtown resident. I was born and raised Overtown, lived there until my family was forced to relocate by eminent domain in 1965 for so-called urban renewal. When you look at the history of Overtown, we have always been swimming against the tide of racism, discrimination, indifference, benign neglect and disregard by many so-called leaders that we've trusted to look out for our best interests. Overtown has always been underserved and somewhat neglected by the City, even when we were a thriving community. However, it was the strong sense of community, resilient self-determination and hard work of its residents of all socioeconomic classes that helped Overtown become the proud, self-reliant, economically viable and sustainable community that it once was. The current housing crisis in Miami demands that we look at creative and innovative ways to meet the needs of our citizens, regardless of socioeconomic status instead of pushing them out to create more condos that are unaffordable and unnecessary. While we are here debating and discussing this development, people in Overtown are being evicted on a daily basis. What about them? Overtown's disempowered citizens are struggling to raise their children and families in a community where they share an historical legacy and connection to their roots. Just like your families, they want quality affordable housing, quality education for their children, employment opportunities, economic development, and equal access to the same resources that citizens in your communities have. I urge you to vote "no" on this proposal and consider alternative housing developments that will meet the needs of present and future families of Overtown. Thank you. Chair Sanchez: All right. Sir, you're recognized. City ofMiami Page 70 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Richard Johnson: Commissioners, Richard Johnson, 472 Northwest 10th Street, Apartment 3, resident. I'd like to know whose district is Midtown in? Excuse me, sir, Commissioner. Whose - _? Commissioner Regalado: Michelle. Vice Chair Spence -Jones: It's both -- well, actually, it's -- no, it's not. His -- Chair Sanchez: Give us just a second. Hold on. Mr. Johnson: All right. Vice Chair Spence -Jones: -- side is Midtown. I'm not Midtown. Chair Sanchez: Okay. All right, sir. Go ahead. Mr. Johnson: Now again -- Chair Sanchez: Excuse us just a minute. Mr. Johnson: Go ahead. Chair Sanchez: We're frying to make time with the agenda. We're trying to -- see, the problem is that we have people here that we're not going to get to their item, and I think it's a horrendous injustice to keep them here 'till about 11, 12 o'clock at night and they're not going to get their item heard. I think they need to be home with their families or doing something else so they could come back. We're working on something on this agenda, so we are going to get to some of the PZ (Planning & Zoning) items. We want to finish this item. This is a very important item to us, but we want to be able to -- some of the people that are outside that have been here for quite some time, we want to try to get some people to go home because we're not going to -- it's going to be impossible to get to their item unless we stay here till 4 or 5 o'clock, 6 o'clock in the morning. It's impossible. This agenda is too voluminous, and there's no way we're going to get to them, so go ahead, sir, and I apologize for the interruption twice. Mr. Johnson: Well, thank you. Again, whose district Crosswind [sic] is in? Chair Sanchez: District? Mr. Johnson: Yes. Vice Chair Spence -Jones: You said Midtown. Mr. Johnson: Midtown. Vice Chair Spence -Jones: That was your -- Mr. Johnson: Midtown. Vice Chair Spence -Jones: -- question, Midtown. You didn't say -- Mr. Johnson: Yeah, Midtown. Chair Sanchez: Oh. City ofMiami Page 71 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Johnson: Excuse me. Midtown. Chair Sanchez: Midtown? Mr. Johnson: Yes. Chair Sanchez: His. Mr. Johnson: I'd like to commend you, sir. You -- I seen Crosswind [sic]. You created 'round about 5, 6,000 jobs in that one section, haven't you? Chair Sanchez: He wasn't around when that happened -- Mr. Johnson: Oh, okay. Commissioner Sarnoff But wait -- Chair Sanchez: -- so don't give him any credit for it 'cause he'll sit there and go yeah, yeah, yeah. Commissioner Sarnoff But if there's a mistake made, he -- there's the man right there. Mr. Johnson: Yes, yes, yes, yes -- Chair Sanchez: See, I knew it. Mr. Johnson: -- but getting back what I was saying. Crosswind [sic] has developed about at least 7, 8, 000 jobs. Vice Chair Spence -Jones: Midtown, you mean. Mr. Johnson: Midtown, Midtown. Chair Sanchez: Midtown. Mr. Johnson: Right, Midtown. Chair Sanchez: Five to seven thousand. Mr. Johnson: Right, good, so you know, I was placed in court -- Crosswind [sic] was placed in court for three years, as going back to your days now when City Manager Joe was here. Joe said that Crosswind [sic] would be a calculus [sic], okay, good. I'm stuck in court. You build Midtown. You put Crosswind [sic] in the back ofMidtown, all right. Now Commissioner -- Commissioner Sarnoff Spence -Jones. Chair Sanchez: Crosswind [sic] is not behind -- Mr. Johnson: -- Spence -Jones -- Chair Sanchez: -- Midtown, sir. Mr. Johnson: Well, it's -- Midtown store -- a new development in the back is a (UNINTELLIGIBLE) of Crosswinds. City ofMiami Page 72 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: No, no, it's not -- Mr. Johnson: It's not? Chair Sanchez: -- but it's fine. No, no, no. Mr. Johnson: Okay, good. Anyway, if you build Midtown and you create -- and 5, 000 jobs has been created, the same thing would happen to Crosswind [sic], so I'm sitting here to say right now, we will pass Crosswind [sic] because you got $200 million. You can't send it -- you wouldn't send it back. It can't be used for nothing but one thing, that's the project. Am I right, Commissioner? And if you don't vote on this today, then the land go backs [sic] to the County. Now you not going to send no land back to the County and you build Midtown, right? You can't do that. I'm tired of being in the newspaper about corruption this, Miami corruption that. This Commission got to take me out of the newspaper, and -- Vice Chair Spence -Jones: Sir, your two minutes are up. I just -- I'm actually taking over as the Vice Chair 'cause we lost the Chair for some reason, so can you just wrap up in a second, so -- Mr. Johnson: Oh, yes. Good, good. Midtown will be built -- I mean, Crosswind [sic] will be built. It will be built. Thank you. Elsie Hubbard: My name is Elsie Hubbard, and I live at 1610 Northwest 4th Avenue. Vice Chair Spence -Jones: Quiet, please. Let's give her a little respect. Ms. Hubbard: I live at 1610 Northwest 4th Avenue, Apartment 14C. I been living there since 1970, and we are not a project. My priority is we have -- I'm against Crosswind [sic]. Number one, that shopping center over there, it look terrible, and I'm -- I deal with kids. We don't even have a movies theater here. If they go down south, they in trouble. Every year I ask the City for buses to take the kids out of town, and I've been so fortunate. I have about ten graduated from different college; went to school and graduated. I have two now. I have one going pro. The kids Overtown need some type of restoration [sic] to do something in Overtown, and it really -- that shopping center need to be did something with. We have so many things we need to do besides Crosswind [sic]. Crosswind [sic] is not benefiting my part of town, and I think I been there long enough for it to -- I have kids there need help. I need it clean up 'round there, and I'm solid against it, and I just hope, Michelle, you'll work on something for kids in Overtown. I really appreciate that. Vice Chair Spence -Jones: No problem, Ms. Hubbard. James Jones: Hey, how you doing? My name is James Jones. I reside at 301 Northwest 11 th Street. This moment is a historical. Never before have the residents of Overtown and our supporters collectively come together to force the government to give us what we need -- to give us what we desperately need, afford -- low-income housing. What we need -- what we want are programs which empowers the community. For instance, while attending Miami -Dade, my education was fully funded by the Overtown scholarship. However, I was told that the scholarship would not be recognized at the university that I wanted to attend, so I had to settle for an entry-level job and struggle to pay for my education and my living condition, but that's okay because it dispels the notion that all of us are thugs and killers. I once heard a member from Crosswinds say that rents have been going up and buildings have been going -- coming down so they'll say that it's not Crosswinds, but what they aren't -- what they are not addressing is the threat of Crosswinds and other major developers which wants to come into -- which wants to develop in Overtown that are driving up those rents and bringing down those buildings. Ms. Spence [sic], I supported you -- City ofMiami Page 73 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Vice Chair Spence -Jones: Jones. Chair Sanchez: Jones. Mr. Jones: I'm sorry. Ms. Jones. Vice Chair Spence -Jones: It's okay. Mr. Jones: I supported you, so now I want you to support us. Vote "no " for Crosswinds. You know it's a bad deal for the current residents of Overtown -- Chair Sanchez: Thank you. Mr. Jones: -- and find another developer. Chair Sanchez: Thank you. Mr. Jones: You're welcome. Chair Sanchez: All right. Next speaker. Is this the last speaker? Unidentified Speaker: No. Unidentified Speaker: Maybe. Unidentified Speaker: Yes. Chair Sanchez: Please let it be the last speaker. Shannan Reaze: No, got another one, and actually, we can -- I believe she's pro Crosswinds, so we can do the good alternating fashion -- Chair Sanchez: Are you going to be speaking -- Ms. Reaze: -- that we normally do. Chair Sanchez: -- on the item? Ms. Reaze: Yeah. Chair Sanchez: All right. Listen, you know -- Ms. Reaze: Yeah. Chair Sanchez: -- everybody's entitled. Ms. Reaze: She can go ahead. Chair Sanchez: No, no. You go ahead first, please. Go ahead. Ms. Reaze: All right. I think we have one more behind me, though, also. One more after me, so -- all right, so basically I'm Shannan Reaze. I work at Power U Center. I'm an organizer there, 1633 Northwest 3rd Avenue. I spend 60 hours of my week talking to Overtown residents, dealing with Overtown renters and the issues that they're facing within the private sector, and what we are seeing are increased rents. We're seeing slum and blight because of the fact that people City ofMiami Page 74 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 know that they can profit off of this gentrification that's going to begin to be expedited with this Crosswinds project. I am asking you, I am standing here, I am demanding that we use these 12 acres for a project other than Crosswinds. If ownership is all Miami can think of there are alternatives, ownership alternatives to condominiums. We can explore the options of co-ops. If you want mixed income, rental, or ownership housing on this land, there are alternatives to this project. One thousand condos in this price range will do nothing but destroy this community. Vote "no" to preserve history. Vote "no" to do what your constituents fruly need. Vote "no" because it's time for Overtown to get development that is for Overtown. There's been a historic de -investment in this community. We need to invest in the people of Overtown. They deserve quality housing that they can afford, and it needs to be on these 12 acres. This project is beautiful. If they want to built it for people that make $14, 000 a year, let's push it forward, but they cannot do that. They cannot do that; they will not do that, and nothing in this project is for the people of Overtown. Use this land for the people of Overtown. It was taken by eminent domain over 20 years ago with a promise that the people of Overtown would benefit. That has not occurred, and this is not fulfilling that promise. Chair Sanchez: Thank you. Ms. Reaze: Fourteen hundred petitions. If it's really a democracy, the people will be heard. Chair Sanchez: Thank you. Applause. Chair Sanchez: All right. Chelsa Arscott: Chelsa Arscott. Good evening. Property owner at 410 Northwest 19th Terrace in Overtown, and business owner at 933 Northwest 3rdAvenue, where we're going to be opening up an office and looking to hire Overtown residents to work in that area. I just wanted to say I am for Crosswinds, and like the last speaker said, she is correct when she said voting "no" will preserve the history, and what is that history? Sixteen years of no development in Overtown. A continued 16 more years of no development in Overtown will take place if Crosswind [sic] does not go forward. What I have noticed is that you don't get a lot of professionals in the industry today coming to the dais to present their arguments. I am a loan consultant right now and I deal with a lot of first-time homebuyer residents, and there are a lot of subsidies out there that they can qualify for, and I had mentioned this to Power U before that the same way how they get these residents out here for the Commission meeting to vote no for projects, they can get these same residents into the first-time homebuyer classes that are held every Saturday and can address credit repair issues and get these customers -- these residents prepared for what's coming. I have done loans where a family of two, they make $19, 000, and she qualifies to purchase a home for 115,000; $10, 000 from the State of Florida; the Florida housing bond, zero percent rate, 30-year mortgage, no payment for 30 years. Your own City has the $40, 000 -- Chair Sanchez: First-time buyer. Ms. Arscott: -- down payment assistance, zero percent interest rate, 30-year mortgage, no payment for 30 years. If you buy it from one of the infill developers, they will give you 25 percent of the purchase price, 50-year mortgage, zero percent interest rate, no payment. A loan can borrow -- can get up to 80,000 -- $110, 000 and more in subsidies, and what is being promulgated here is fear, and education is power, and these residents deserve better. They deserve the help of Power U in informing them of these programs that are available for free that can get them ready for homebuyer -- Chair Sanchez: All right. City ofMiami Page 75 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Hs. Arscott: -- and last comment. The County has changed its policy and has put a lot more of their tax dollars towards rental housing, so it's not like rental housing is being kicked out, and one last comment. Today I got a call from an Overtown resident. She saw my sign in Jackson Soul Food Restaurant. She called me. She bought a property in Town Park, four bedroom, $125, 000. She's a teacher. Chair Sanchez: Whoa. Hs. Arscott: I can get her $50, 000 in subsidies. Her mortgage is 75,000. There are programs out there they can qualify, and for those who are renters who can prepare later on. Chair Sanchez: Thank you. Hs. Arscott: Thank you. Chair Sanchez: All right. No. Applause. Chair Sanchez: Come on, come on, come one. All right. Are you the last speaker? Bernadette Armand: I think so, or there's actually one more here. Chair Sanchez: All right, so let's just identify the last speaker. Would the last speaker raise your hand? That'll be you. All right. Hs. Armand: Bernadette Armand here on behalf of Power U and Overtown and the black community. I just want to respond to the last speaker's comments. I find it very interesting that this speaker is saying about these programs exist for poor people. These programs can help renters. These programs can keep people from being moved out. When I was organizing at Power U Center, I was involved with a -- in trying to stop the destruction of a building by Royal Palm Communities, a very big developer in this area, and interestingly, the last speaker, Chelsa Arscott, was the representative for Royal Palm Communities, a large developer that was evicting all of the residents, that was keeping slum conditions in that building, and during that time as a representative of that building, she never once offered one of these poor tenants a program to help them buy a house on their small salary -- Applause. Hs. Armand: -- so I want to know why today when you're finished pushing people out, when you're finishing managing evictions, when you're finishing helping slumlords keep their places as slums, today there are programs, and I have a feeling that those programs won't exist when it comes time to help the poor residents of Overtown get places in Crosswinds. Why aren't those programs being implemented to make poor people residents of Crosswinds? Why not? If you can get a 19 -- a person who makes $19, 000 a year and give them a condo, why don't you do it for Crosswinds? That's all. Thank you. Chair Sanchez: Thank you. Applause. Chair Sanchez: No. You don't pay attention. You know, I tell you please not to clap. Unidentified Speaker: I thought it was the last speaker. City ofMiami Page 76 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Chair Sanchez: It's all right. Tameka Seymore: Hello. I residing at 255 -- Chair Sanchez: Unbelievable. Ms. Seymore: -- Northwest 21 st Street in 3rd Avenue of Overtown, and I actually am coming to ask a big question to all of the people for Crosswinds, and I'm talking about my people. Yeah, for Crosswinds, yes. How is it going to benefity'all? Question. Chair Sanchez: Please. Come on. This -- ma'am, just address this Commission. Ms. Seymore: Okay, fine. Chair Sanchez: We're the ones that are going to be voting -- Ms. Seymore: I'll address it -- Chair Sanchez: -- on the issue. Ms. Seymore: Sure. I mean, I -- Chair Sanchez: They're not going to be voting on -- Ms. Seymore: -- wasn't under the impression -- Chair Sanchez: Please. Ms. Seymore: It sounds more like -- Chair Sanchez: All right. Ms. Seymore: -- okay, well, fine. Chair Sanchez: Please. Ms. Thompson: Excuse me, Chair. Ms. Seymore: How is this -- Ms. Thompson: Chair. Ms. Seymore: -- benefiting --? Ms. Thompson: Excuse me, Chair. Chair Sanchez: Yes, ma'am. Ms. Thompson: Can I get a name for the record? Chair Sanchez: You know, I'm frying to -- Ms. Seymore: Tameka Seymore. Ms. Thompson: Thank you. City ofMiami Page 77 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Ms. Seymore: Yes, ma'am. Not a problem. My question is what I'm frying to figure out with this whole idea of the Crosswinds and with everyone saying how it's supportive. It's contradicting to me, and I am not sure if it's not contradicting to -- Chair Sanchez: Oh, my God. Ms. Seymore: -- you all of how it all sounds. We have all this money, $2 million, or whatever they're talking about investing and building up something when you can invest that same money into bringing our community back to life 'cause that's what we need in our community. We need true love in our community. We need honesty, and it ain't even just started in Overtown. This has been going on in the black communities all over this world for years, so someone needs to step up and really be truthful about the situation, and Crosswinds is not the answer. Chair Sanchez: Thank you. All right. That con -- Applause. Chair Sanchez: Why don't we do something? Why don't we clap real loud? Applause. Chair Sanchez: All right. Thank you. You got it out of your system now, okay. All right, sir. Mr. Bercow: Thank you, and in rebuttal on behalf of Crosswinds -- and I'll be as brief as possible, Mr. Chair. Chair Sanchez: He's got time to rebuttal, five minute's rebuttal. Mr. Bercow: I'll do it in less. We come to you today with a favorable recommendation from your staff and the Planning Advisory Board, and the only issue before you today is there substantial competent evidence in the record that the application satisfies the MUSP criteria and is it consistent with the Comprehensive Plan. Your staff the Planning Advisory Board, and the City's former Planning director have all said yes, it is. All of the opponents -- virtually all the opponents were talking about gentrification. That's a very important issue, but it's not relevant to the land use quasi judicial issues before you today. It's not a factor for a MUSP -- for the MUSP approval. It's not an issue in your Comprehensive Plan. Mr. Elsesser says the Crosswinds deal is not a good deal for the City. Those were appropriate arguments to make at the time that you approved the development agreement, and Power U did in fact raise those arguments at that time, but it's not appropriate to raise those issues now, simply not relevant to the issues today, but, you know, on the facts, this is a good deal for the City. It's a carefully negotiated for the deal, and it's one that is costly for Crosswinds. They're on the hook for over $21 million. They have to settle a lawsuit and pay six and a half million dollars. They are conveying 50 units to the CRA valued at $14 million, and by the way, those units are restricted for a period of time, ten years, and that's in the development agreement, and Mr. Elsesser is wrong when he says that this project is inconsistent with the goals of the housing element, which is to preserve low-income housing. We are taking a vacant lot that no one would otherwise be developing, we are creating housing for low-income families, moderate -income families, and workforce families. This project is creating homeownership housing opportunities for individuals and families whose respective incomes range between 40,000 and $95, 000. Twenty percent of the units are affordable housing, consisting of 160 units for families with incomes of 80 percent to 140 percent of the median, and according to the County definition, that is affordable; fifty units at low-income, less than 80 percent of the median income of the County. The rest of the units are intended for workforce housing for downtown employees, and on the issue of the deal -- let's talk about the economic benefits for the City. The total project economic City ofMiami Page 78 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 benefits, direct and indirect, are approximately $745 million. That's from Mr. Jackson's report, which is in the record. The annual economic benefit, direct and indirect, $71 million. Seven hundred and forty construction jobs will be created; 40 full-time jobs in the residential project and 300 to 450 jobs in the retail project. Crosswinds agreed to recruit and attract minority and female contractors and subs. That's in the minority participation. There are minority participation requirements. There's a first -source hiring program in the minority construction plan, and we are creating a mixed -income project with live/work units within walking distance of Metrorail. The concept of mixed -income housing is consistent with the goals of your Comprehensive Plan and the CRA goals, and Commissioner Sarnoff, I know you spoke about some of the same things several weeks ago when you talked about buying condominium units in existing buildings. The whole purpose of the CRA plan is to create a tax base, put properties like this on the tax roll, add to the tax increment and then use that money for infrastructure and additional housing and employment opportunities in the future, but the deal issue is not the issue before you today. The issue is do we satisfy the criteria for the MUSP approval, and your staff and our expert have told you that the answer is yes. One last point on the issue raised by Mr. Flaxman and Mr. Ellis on the parking issue. I know that it caught your attention. I'm going to put into the record and distribute copies to you of a letter agreement -- a letter in agreement from Crosswinds to Mr. Flaxman from November 30, where Sawyer's Walk agreed to provide interim parking at no cost to the union during the construction of the project; agreed to make available, at a reduced rate, 50 percent, to the union certain spaces during certain times of the project, and also to support the efforts of the union regarding additional parking within the Folklife District. Mr. Schwartz is here today. He can answer your questions on this issue. Our team can answer your questions on all of the issues. You can ask Mr. Schwartz whether this deal is still on in light ofMr. Flaxman's comments. Chair Sanchez: All -- Mr. Bercow: Thank you. Chair Sanchez: -- right. The hearing is -- no, sir. It's their -- if it's rebuttal, you have no time for rebuttal. You -- Mr. Elsesser: Initially, there was rebuttal on both sides. Chair Sanchez: No, no, no, no, no, no. You do not get rebuttal. You know that better than I do. Commissioner Sarnoff Surrebuttal. Chair Sanchez: Huh? Commissioner Sarnoff It's called surrebuttal, you know. Chair Sanchez: Surrebuttal, yeah. All right, so the public hearing is closed. Unidentified Speaker: Just for the record (INAUDIBLE) -- Chair Sanchez: No, no, no, no, no, no, no, no, no. There's -- Unidentified Speaker: -- something was said about me. Chair Sanchez: Well, that needs to be addressed by one of the Commissioners. Sir. Okay, if one of the Commissioner has a question, the questions will go through the Chair, it'll be addressed. All right. It is closed. It comes back to the Commission. Commissioner Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Well, actually, before I make my comments on it, I would like to City ofMiami Page 79 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 definitely yield to my colleagues first, but do have a question that wanted to do before I make my overall statement on it. One of the things that's been floating out there -- I don't know who's - - who would be the responsible person to come to the mike. Is it Mr. -- Ben or who, Bercow, one of you? Okay. This is what want to -- I want to be able to have you put this on the record. Mr. Bercow: It may be me or may be somebody else, but -- Vice Chair Spence -Jones: Okay. There is a huge, big fear, or at least something floating out there that if this project got approved -- I'm just putting it out there. I want to understand -- there's something floating out if the project gets approved, there's a possibility that this project may be shifted to someone else. I want to hear from you guys today that you guys stand committed to make sure that this particular project happens the way you proposed for it to happen. Mr. Bercow: Matt Schwartz from Crosswinds will address that. Vice Chair Spence -Jones: From beginning to the end. Matthew Schwartz: Sure. It is -- Crosswinds has been committed for the last five years on this project. It is every intention -- it is -- and the City has to approve -- if there was a change at all, it comes back before the CRA Board. Crosswinds -- Vice Chair Spence -Jones: So you -- and so -- Mr. Schwartz: I don't think any -- Vice Chair Spence -Jones: -- this is my question -- Mr. Schwartz: We're committed to do this. Vice Chair Spence -Jones: -- so there -- Mr. Schwartz: We have to get a financial partner, obviously. That's the next step, and that's whatl think maybe the rumor's about, so -- Vice Chair Spence -Jones: Okay, so you will not be passing this project off (INAUDIBLE) -- Mr. Schwartz: It is not the intention of Crosswinds to pass this project on. Vice Chair Spence -Jones: Okay. I needed to hear you put that on the record. I'm going to -- Mr. Chairman -- Chair Sanchez: All right. Any -- Vice Chair Spence -Jones: -- I'd like to hear from my other colleagues, and then I'd like to close it, please. Chair Sanchez: Okay. We'll -- in other words, you're yielding. Any of the -- any other Commissioners have any questions on this? Commissioner Sarnoff Well, Mr. Schwartzman [sic], you say that it's not your intention and that if it did change, that it would have to come back to the CRA? Mr. Schwartz: Definitely. Any change -- you have to approve the final financing plan. Where we're at now -- once we get this approval, we have six to nine months to put the project together. City ofMiami Page 80 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 This thing has been delayed so long that the market has gone down, gone up, and now has gone down, so our original financing has changed, and this is a time period -- and we -- and before we can execute the lease, it has to -- the CRA director has to sign off on it. We have to have a financial plan; we have to have the plans ready for permitting for us building, and all that's up to the City. This is not the end -- unfortunately, this is not the end of the process -- Commissioner Sarnoff Well, in -- Mr. Schwartz: -- for us. It's just the beginning. Commissioner Sarnoff -- let me ask you this. In the morass of legal documents that I know none of us have read, in those documents does it indicate if there's a change of ownership that it must be revisited by the CRA? Mr. Schwartz: Oh, yes. It's in the documents. Mr. Villacorta, I mean -- Commissioner Sarnoff Madam City Attorney, I'm sure you're infinitely familiar with each page, so -- Maria J. Chiaro (Assistant City Attorney): Not so much. Commissioner Sarnoff -- could you verify that? Vice Chair Spence -Jones: Villacorta probably would -- Ms. Chiaro: I can look at them now if you want to. I'm not familiar with that provision. Commissioner Sarnoff You're not familiar with --? Chair Sanchez: Jim, are you? Ms. Chiaro: I am not. Vice Chair Spence -Jones: Jim would be. Jim, can you please hit the mike so we know? James Villacorta: James Villacorta, executive director of the Southeast Overtown/Park West CRA. Any transfer of ownership -- and it is anticipated that there will be some buy -in from other investors -- requires approval by the CRA, which shall not be unreasonably withheld. Commissioner Sarnoff Is that the CRA director or the CRA Board? Vice Chair Spence -Jones: Board. Mr. Villacorta: I believe the CRA Board. I'd have to double-check. Commissioner Sarnoff And when you add to the feature "shall not be unreasonably withheld." Mr. Villacorta: That was a point of considerable negotiation, but since they felt they needed to bring on investors, it was -- at first we had a prohibition, but they explained to us that they needed to have that option to bring in financing. Commissioner Sarnoff Well, Commissioner Jones's question, I think, is different. I think she understands there's going to be a partner for financing. Her question is, in the event that there is no longer a Schwartzman [sic] to look at or there is no longer a Bercow to look at, does that require CRA approval? City ofMiami Page 81 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Mr. Villacorta: Yes. Commissioner Sarnoff Okay. Chair Sanchez: All right. Any -- Vice Chair Spence -Jones: I want to yield to my colleagues. Chair Sanchez: -- other questions? Vice Chair Spence -Jones: I know some might have had some questions -- Chair Sanchez: No? Vice Chair Spence -Jones: -- on the parking. Chair Sanchez: It goes back to you. You're recognized for the record. Vice Chair Spence -Jones: You have any? Commissioner Sarnoff I'll say some things about it. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff I love to get -- put my neck out there. You know, starting out with New Orleans, the only person I think in this room that's lived in New Orleans for about ten years is myself and New Orleans is a wonderful city. Before Miami, it was my favorite place to live. It was the most integrated city I'd ever lived in in my life. Rich, poor, black, white lived amongst each other. There were, interesting enough, million -dollar houses right next to probably 40 or $50, 000 almost shacks 'cause if you know New Orleans, it can get pretty rooty-tooty [sic], if you know what I mean, and yet, everybody got along because the neighborhoods were so integrated. They were so distributed, so diverse. There were no really exclusively white neighborhoods, and there were some exclusively black neighborhoods because it was, you know, such a concentration of blacks. I think it was 55 or 60 percent African Americans, but everybody got along, and interestingly enough, everybody mixed, and mass transit, certainly, the sfreetcar, everybody got to see each other. I didn't take the buses, but I took the sfreetcar almost everyday, and yet, in places in New Orleans, for instance, this week, in a completely what was African American community, 4,500 units were demolished because they want to, number one, create a more diverse neighborhood once again. Now these units were destroyed partially by the hurricane and by the flooding, but even New Orleans is seeing in what was exclusively all black neighborhoods that they want to create a more diverse place, and I lived in uptown New Orleans, which was very akin to the central core ofMiami, and they see the benefit of diversification. You know, gentrification -- the other side ofgentrification can be segregation because if you live in an exclusive neighborhood that is all black, it is segregated. If you live in a neighborhood that has a sprinkling of rich folks, poor folks, medium -income folks, that's called diversification. You shouldn't really care what color they are. You shouldn't really care what nationality they are. You shouldn't really care what religion they are, and that, to me, is what makes the strength of New Orleans, at least in the uptown, and I think that's what could make the strength ofMiami. If you warehouse the poor and only warehouse the poor, you've really not succeeded at very much, and this is where oftentimes you'll hear me say it's more about the job than it is about the house because without a job, you really can't afford very much anyways, so affordable housing, non -affordable housing, if you don't have a job, what do you get up in the morning to do? What good thing are you going to do that day? So you have an opportunity here to create a more diverse neighborhood from fallow ground, ground that no longer and does City ofMiami Page 82 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 not possess anything. Now I am impressed by the fact that this is government land, and I'm impressed by the fact that on the government land we have to be sensitive to the community's needs, but I'm suggesting to you the community needs some integration, and I'm suggesting to you that this community could use some desegregation, not to displace people because you're on fallow grand [sic], but to bring in people. When I had the idea of whatl call scatter -site housing, where you put workforce housing people, maybe people at 60, 70 percent ofAMI (Average Median Income), people maybe making 30, 25,000 a year, and disperse them throughout the new condominium market in Miami, I thought that did a lot of good social things. I thought it put some less affluent folks in some buildings all throughout Miami that would have allowed them to live amongst people making more money than them, to mingle with them, to get opportunities from them because the one thing we don't do in Miami is we really don't mingle. We don't have an opportunity to get on a streetcar and get to meet each other. Lot of people get in their Mercedes, roll up their window -- and I'm not criticizing this; it's pretty hot out -- they drive from their garage, and they go to another garage in downtown Miami, and their interaction is what call the quarter -inch divide, and that divide is their window. They never integrate. They never communicate with anything outside of their car, and today, they do it with cell phones; they do it with PDAs (Personal Data Assistants). They have a whole entertainment system right in their car. They don't even need to see what's going on, and they could drive right through your neighborhood without even noticing your neighborhood, and you become an unnoticed, unobserved segment ofMiami, and that's really what's happened to Overtown. You know, for 16 years, you've had no development. For six -- that's an entire generation. For an entire generation of a young man or young woman's life, no buildings have been built. Well, you know, you could agree, disagree, but that's what see, and that's what -- that's my comment. I looked at some of the buildings that were suggested that would do better than Crosswinds. Interestingly enough, one of them I lived in in Tampa, Florida, and that was about 80 percent of AA/II in Tampa, Florida. The other one I looked at carefully -- 'cause a lot of these are in Arizona; one is in Chattanooga, Tennessee. I don't know that that's really applicable to Miami, but there is one in Los Angeles, California, and that one, interestingly enough, I looked into it. I had somebody go on the Internet very quickly. That is built around a Walgreens mega store, and that has 56 units of housing at 80 percent ofAMI, so it really -- what was suggested should be built is not very different -- and if you factor in the -- that the City ofMiami and the County can buy 50 units as well, you're 50 -- you're a hundred units short -- Chair Sanchez: (INAUDIBLE) hundred units. Commissioner Sarnoff -- of something you submitted to me -- or to this Commission, I apologize -- suggesting that this is what you want to see built. You know, change is a funny thing. Everybody is afraid of change. We're all creatures of habit, and we're all creatures and desires of what we know, and no matter what it is, whether it's housing, neighborhoods, bringing somebody new to your neighborhood, we always want things to remain the same, but rarely do they remain the same. For instance, I think Schwartzman [sic] said that there's been two -- is it Schwartz or Schwartzman? Unidentified Speaker: Schwartz. Commissioner Sarnoff Schwartz, I apologize. I'll take the "man" off of it next time. You said, Matthew -- I'll call you Matthew -- there'd been through two cycles. Well, we're now on a second cycle of going down. I have no idea why these people would build, quite frankly, but should they decide to go forward with building, you know, more credit to them because there'll be something of a very good product in your neighborhood, and it's not just -- affordable housing doesn't stop right here. I mean, last night we had two projects -- I think it's Blocks 36 and 25 that were approved at the CRA, and you know, there's -- I believe, collectively, there was 4 or 500 units of housing that are going to be built right there. This is not the end of the game for -- whatever kind of housing you want to call it, affordable, workforce, whatever it is. Now let me just say one thing about making $13, 000 a year. That is minimum wage, and that's working one job, and City ofMiami Page 83 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 you're not going to get ahead or very far making minimum wage with one job, and it may mean you have to have two jobs. It may mean you have to work weekends. It just may mean more work than one job. Well, that's -- I did the numbers. We -- you know, we have to decide today a MUSP, and I understand the legal significance when the attorneys get up there and they say you have to remain within your MUSP. I don't want to avoid the conversation about whether this is good or bad for the community because I think this is good for the community. I think this is something that the community can look forward to for two reasons. I see a community development plan -- I think it's community service agreement -- that is going to require them to hire people from the community for the actual building of the project. This is not the only and the last affordable housing project that will go on in this community, so I have to tell you that, from what I've seen and from the documents I was submitted and looking at the Los Angeles product, these are a hundred more units that have potentially extremely affordable housing than even this particular project here, so I -- you know, I'm going to listen to Commissioner Spence -Jones. It's her neighborhood; it's her disfrict, but those are my feelings on the matter. Chair Sanchez: All right. Commissioner Spence -Jones, you're recognized -- Vice Chair Spence -Jones: Thank you -- Chair Sanchez: -- on the item. Vice Chair Spence -Jones: -- Commissioner Sarnoff, and thank you, Chairman Sanchez. I guess the thing that -- and what's so amazing is, you know, part of being able to understand or know what's going on in the overall disfrict is to be able to listen to everything that's happening, and it can't be just one-sided from the standpoint of if it's not what an individual wants, then I don't want to hear the rest of the plan, and that's been the problem of Overtown, and I just want to just make a couple quick points real fast. The first thing -- I'm piggybacking off of what Commissioner Sarnoff mentioned last night. Last night we did vote on a project. I believe it was Block 25 and 36, and in that proposal, we had not only homeownership units that were going to be made available, but we also had rental property that was also going to be a part of the project. The jobs that we talked about, or the retail projects that we talked about, or having jobs in the area -- I mean, the same thing that Hs. Hubbard mentioned earlier about having a grocery store because we don't have an adequate grocery store, we just approved a project that includes not only a grocery store, retail -- which would include for jobs and also, like I said, rentals, where the rental units are starting now -- at least for a three -bedroom apartment -- starting at $800, and I believe the units themselves start at -- for homeownership, start $160, 000, so I'm saying all of that to say, when we start looking at the Overtown area or looking at the Overtown Folk Life District, what I really tried to rely on is the stakeholders that have been there for a very long time that own the property within the area to kind of have them come up with the plan that made the most sense. The plan that made the most sense in the area included mixed -income housing. Even today, we made a -- I made a case, and I think I almost got nailed to the stake for a minute, but I'm glad that I got my support ftom all the Commissioners on the dais of how important it was to make sure that those dollars in the Overtown area, the CRA Overtown/Park West area, those dollars stayed there because there were a lot of key things that we did need to do because there was a lot of time that had been put into finally now seeing things moving, and I didn't want to see dollars shifting to go to somewhere else, and today I got the support, but here's a perfect example of what you heard today from some of my constituents as to why it's important to keep the dollars there so that we can have the necessary housing, whether or not it be senior housing, supportive housing, rehabbing existing units, low-income housing, if we do need to provide that, and even market rate. I truly believe that in order to have a vibrant community, you have to have a mixed community, and I'm going to say this because I think it's really important. You know, we always talk about Overtown and what Overtown was in its glory days, and I remember when I read Black Miami in the last meeting we had, and when we start looking at the trend of what African Americans in the '40s, '50s, and early '60s in Overtown, most of those people were -- people were teachers, were lawyers, were City workers, County workers, all City ofMiami Page 84 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 living there in the heart of Overtown, and it was a mixed community; same thing happened in Liberty City, no different. I mean, I live in Liberty City. Liberty City used to be a middle-class community with some mixed incomes. You cannot have a community that's going to survive and thrive without having that mix, and one of my seniors, he got up here earlier and made a statement, and she said -- and it really resonated with me -- you know, I live in Poinciana Village, you know, and at the end of the day, I work -- or to supplement my income, I work two little small part-time jobs. I'm over 70 years old -- or close to 70 -- and I'm doing it. When I see young, able people that's looking like me or younger than me, you know, not able to do the same thing -- unless there is a -- and I understand this -- mental issue or a physical disability, I think that government's responsibility is to kick in and support the -- that -- those group of people that can't support themself [sic], so we should be supporting the seniors. We should be supporting the folks that are trying to get back on their feet and provide them with those things, but we can't neglect, at the same time, those individuals that are your teachers, are your police officers, and quite frankly, I just happen to believe, you know -- and I'm not making this a black or white issue, but I'm going to say this. I just believe my community, my people are better than that, and I'm not, at the end of the day, going to settle with it's okay for us to make $13, 000 a year. I cannot buy into that agreement -- Applause. Vice Chair Spence -Jones: -- and don't -- no, no, no, no. I don't want -- I don't need the applause because, at the end of the day, you know, whether or not it's me or the next person after me, ifI don't begin to put things in place to train that -- this community or make sure that I provide things like the hospitality institute, you know, so that people are introduced to the hotel industry so they can make decent wages so they don't have to make $13, 000 a year or the construction frade institute that we're frying to put in the heart of Overtown -- people cannot tell me -- and I found it -- find it very -- you know, not to say in Overtown that there's still not a lot of work to be done, and by all means, I hope that no one expects me to do, you know, in two years, twenty year's worth of things not getting done to be -- for me to make those kind of drastic changes, but I can tell you this, and I can tell you with the support of my fellow Commissioners, we are actually putting money on the streets in the heart of the CRA in Overtown. For the first time, infrastructure projects are happening. For the first time, the businesses are really getting the money. For the first time, there's training institutes that are happening. I'm not going to rely on Crosswinds to be the end-all to be-all to whether or not that community's going to survive. I'm going to make sure I have a mixture of everything happening in Overtown because it's not about me. It's about making sure that we put things in place for like my seniors, Ms. Muriel, that have lived their lives in this town, at the end of the day, they have a decent, clean place to live. That's my responsibility. Whether or notyou like me or not, whether or notyou call me this, you call me that, whatever it is, at the end of the day, I have a responsibility to make sure I do both. I just happen to believe in the fact that my community can do better and will do better. I believe that we do have a responsibility to help those that can't help themselves, but those that are able bodies that can get up and walk and talk and do the same thing that I do I expect for them to do the best, and I expect my young people, when they step to a podium and they get ready to talk, we need to be encouraging them so that they can consider having something greater in life and not settling for making 13,000. I have a problem with that. Whether or not I'm in office or not, it doesn't matter to me like that. I'll still say the same thing over and over again, so I'm saying this as I close. You know, it's -- this is not an easy decision by no means, but it seems as though everything has been put on one project. I wish I had that same type of energy, that same type of drive, that same type of you know, community organizing, you know, that I seen today helping me get drugs off the street in the neighborhoods in Overtown because I can tell you it's a problem, and we all know it's a problem, okay. I wish I had that same kind of organizing when it's time for us to step to the landlords that are treating the residents in a bad way and putting some sort of policies in place to make sure if they are going to be in those particular neighborhoods, there are certain things that they must do. I wish I could see that kind of organizing. I wish I could see organizing on supporting those small businesses that are City ofMiami Page 85 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 struggling on 3rd Avenue that we don't have people -- these same organizers going in there making sure that those businesses are thriving and surviving because we're supporting them. I wish I can see that kind of community organizing because, at the end of the day, this one particular project, we're going to focus all our energies on that, and a whole bunch of other things are going to be happening on the other end, and I'm telling you right now. My eyes are not on one project. My eyes are all over the Overtown area, and that is my responsibility, whether you like it or not. That's what the people elected me to do. That's what I'm going to do. I'm going to make sure that it's the right thing for all of the residents of the City ofMiami in my disfrict, so you know, at the end of the day, I appreciate, on both ends -- you know, the only thing I'm going to say is I would expect, you know, my -- especially my Overtown pioneers, those folks that have paved the way -- and I'm going to mention the longshoremen. I think that we need to do whatever it takes to make sure that they have the parking. Them same people that we talked about earlier about how there's a certain amount of income that's there, those are the people that can help us buy back into Overtown. We should not make it difficult for them, so I -- that is one thing that I think is really important for us to have happen, you know, so at the end of the day, I'm just -- I think it was important for me to say what I had to say because, you know, you get labeled so many things, you know, and at the -- no one ever talks about the progress that's happening because we're so busy focused on one project, so I say that. I have no other comments after that, and I -- as I closed my speech the other night when we did, you know, my state of the disfrict address, I said without vision -- without a vision, our people will perish. I'm not willing to let Overtown perish, so I'm going to do whatever it takes to make sure that if they promise something, we make them stick to their word. If they cannot deliver, then we don't do business with them, but I'm not going to buy into the fact that my community and my people -- African Americans that thrived in this particular community, same Elsie Hubbard that got up here and state -- and talked earlier, she was a teacher in the area, so I expect to have the same thing for the generations to follow me and those that are here now, so I'm sorry for preaching. Chair Sanchez: It's okay. No, no, no. Vice Chair Spence -Jones: With that being said, I'd like to move the item. Chair Sanchez: All right. Well, before we do that, let's just -- There's a motion. Is there a second? Commissioner Sarnoff Second. Chair Sanchez: All right. Commissioner Gonzalez: I'll -- Chair Sanchez: Second. The item is under discussion. The motion is made by Commissioner Spence -Jones -- Vice Chair Commissioner Spence -Jones, second by Commissioner Sarnoff. The item is under discussion. Commissioner Regalado, you're recognized for discussion. Commissioner Regalado: Thank you, Mr. Chairman. I think that maybe this could be a wakeup call for governments because it's important to understand what is happening. It's important to understand the different kind of approaches that members of this body have in terms of the areas that we represent or that we vote on. Commissioner Sarnoff has spoken about different aspects of having more people come in. Vice Chair had spoke about the need to do things that are important in Overtown, and I'm sure that many of my colleagues will fry to do the right thing for Overtown following the area Commissioner's vision of the area. However, I have some concerns, not about the project, but about our community in general. The project is spectacular. The project is beautiful. It's -- the idea is good, but sometimes we need to think about what is really happening in our community. By -- because I'm in the media, I have to deal with news and facts seven days a week. I cannot afford not to read the wire stories or two or three newspapers City ofMiami Page 86 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 a day because this is what I do. I need to do this in the morning and midday, so I need to be informed. I need to read about what is going on in the world, in the city, in the county, in the state, and in the nation, and there is a fact that we have a housing crisis, and that Miami is the epicenter of the housing crisis throughout the United States. As a matter of fact, we, here in Miami -Dade County, started the mortgage crisis in the United States. That's a fact. Maybe because people were given a lot of latitude to buy into mortgages, and the salaries were not enough to support the tremendous increases in taxes and insurance, but the fact of the matter is that there is a backlog in the court system here in Miami -Dade County of foreclosures, and as of the other day, we had, I think, 29, 000 foreclosures in the pipeline; 9,000 more than the year before, so it's very difficult to understand why, at this moment, people would risk to do this, and if they do, God bless them, but as everybody said, the market may not always be kind, but it's always right, and the market now is not the right market for this kind of venture, nor the possibility of many of the people that live in the area to have access. Just yesterday we were discussing here the need of the people from Poinciana to raise their maintenance fee, and with taxes and insurance and mortgage and maintenance fees, some people may not be able to afford and live there, and there's one foreclosure there, which is the logical thing out of 30 or 32 units. I can tell you about a group of persons that I know in my district. It's a area which is very unique because in that area there has not been any consfruction at all in the last 30 years. It's a residential mix -- small apartment building, no construction at all. The consfruction boom never reached that area of West Little Havana, between Flagler and 8th Street, 27 and 32nd Avenue, and there are several apartment buildings there, and the people that live in those apartment buildings -- old apartment buildings, very old apartment buildings, live on social security, and they fear for any construction because they feel that if there is a consfruction, a big building close to them, the owner of those little buildings will sell the land and they will have to move, or he will raise the rent for them. If the owner raise the rent, they going to have to move to nowhere because everyday there is less and less renters, but the fact of the matter is that in this City of Miami, we have people who cannot and will never be able to afford to buy not even affordable or double affordable residence, not a condominium, not the house. People do rent. Those people will never be able to buy. They going to have to rent, and this is why this is a wakeup call because, for instance, north of this project is a ten unit -- I saw it with the Vice Chair -- apartment building. Then there's the HOPWA (Housing Opportunities for Persons with AIDS) building. Then south is a 12-unit apartment building. When you all approve this project, I am sure that, sooner or later, the domino effect will take place, and you will have collateral casualties. The civilians that get kill when the military fights among themselves, and those collateral casualties will be the renters on this small buildings units because when there is such a huge project, the owners of these buildings, I'm sure that will be asked to sell the land for another mega project or another follow up to this project, so there's more that we need to do other than approve or disapprove. The counsel was saying that we shouldn't focus on other than the MUSP and the project, but it's impossible to do it. During the Mercy thing, the whole focus was healthcare. Now this is about gentrification. It's a logical thing because it's a new thing. I can tell you that we should be looking at plans to help those building owners who want to remain in Overtown, or West Little Havana, for that matter, or Flagami, or East Little Havana, to fix their apartments, grant them tax credits; give them grants, whatever they need to do because there is a class of residents that needs to rent in order to have a roof over their head. Remember that in Miami -Dade County, there are 29,000 property owners who qualify for the third homestead exemption. That means that these people are 65 years old, older, with the income for a couple less than 23,000 a year. Chair Sanchez: That's the 75,000? Commissioner Regalado: The 75,000. Of those 29,000 that qualify in Miami -Dade County, Miami -Dade County, with 2.2 million residents, 550 square miles, of those 29,000, 8,700 live in the City ofMiami, which it's a very disproportionate number. It means that we are a poor city. Whether we like it or not, we have too many people that needs to rent. Whether we like it or not, we have too many elderly people that cannot afford more taxes or insurance in their properties. City ofMiami Page 87 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 I just think that whatever you do on this project, we need to think and do something about the people that rent, about the people that rent to the renters because if we keep approving major projects, what we are doing is hoping that the people that own all apartment buildings will sell their properties for new developments, and those people will never be able to afford what we call affordable. I -- it is a philosophical thing, but I just cannot agree at this time with this kind of project because I think that first we should be -- we should have been more proactive in helping the renters to stay, but with a better quality of life, with something that make them feel proud, so that's all I wanted to say. Thank you very much, Mr. Chairman. Vice Chair Spence -Jones: Commissioner -- Chair Sanchez: All right. Commissioner Spence -Jones, you're recognized. Vice Chair Spence -Jones: -- Chairman -- and I just want to close out on this comment. Commissioner Regalado, I thank you for your comments, and I thank you for respecting what -- at least what I'm trying to do within my district. I'm sure you've seen, as you toured, that, you know, I'm not just talking the talk. I am walking the walk to really make a difference for the folks that live there. You made a statement -- and I just want to make sure that we're clear 'cause you did happen to vote on this item about six months ago for -- through the CRA for us to rehab the rental units in the CRA for the folks that are living in Overtown currently, and we have been working with the existing property owners in the area to provide subsidies to rehab those units so that they will -- the -- with the CRA giving the dollars of there being some sort of covenant added on there so those renters will not be affected by the units themselves being rehabbed, so we are doing those things in the Overtown area. You voted on it; you supported it, and we will continue to do that. I just have to respect the fact that, at the end of the day, we have to do both. We have to have rental projects; we have to have affordable housing projects that folks buy. We have to have all those things in order for it to make sense, so I appreciate your thoughts and your comments, and we will continue to do that. Chair Sanchez: All right. Listen, I'm going to warn you, okay? Let's be respectful towards each other. Whatever the agreement is here, whatever the vote is -- last time you were here, you walked out and you were disobedient, saying some things. I'm going to ask you, when you please leave, not interrupt the Commission meeting. We still have plenty of agenda. Last time you were very rude, so please, this time, let's act a little more professional. All right. There's a -- Commissioner Gonzalez: All right. Let's call for -- Chair Sanchez: -- motion and a -- Commissioner Gonzalez: -- a vote. Call the question. Chair Sanchez: -- second. (UNINTELLIGIBLE COMMENTS FROM THE AUDIENCE.) Chair Sanchez: All right. Thank you very much for being so -- Commissioner Gonzalez: All right. Chair Sanchez: -- understanding. Commissioner Gonzalez: Mr. Chairman, could you call the question, please? Chair Sanchez: Happy holidays. All right. It's a resolution. Roll call. City ofMiami Page 88 Printed on 1/7/2008 City Commission Meeting Minutes December 13, 2007 Ms. Thompson: Roll call. Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Vice Chairman [sic] Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Chairman Sanchez? Chair Sanchez: Yes. Ms. Thompson: The item -- the resolution has been approved, 4/1. Chair Sanchez: All right. City ofMiami Page 89 Printed on 1/7/2008