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HomeMy WebLinkAboutCC 2008-12-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, December 11, 2008 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 Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes December 11, 2008 Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 11 th day of December 2008, 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 Chair Sanchez at 4:11 p.m. and adjourned at 6: 21 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Pamela E. Burns, Assistant City Clerk PLANNING AND ZONING ITEM(S) Chair Sanchez: And we open up the Planning and Zoning meeting, and at this time what want to do is I want to turn it over to the City Attorney to advise the procedures that should be followed in the meeting, and then we'll have the City Clerk swear each and every one of you that'll be testifying in front of this Commission; then we'll open up the floor for any deferrals or continuations pertaining to the PZ (Planning & Zoning) items. So at this time, Madam Attorney, you're recognized for the record. Maria J. Chiaro (Assistant City Attorney): PZ items shall proceed as follows. Before the PZ agenda is heard, all those wishing to speak will be sworn by the City Clerk. Staff will briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land -use change or MUSP (Major Use Special Permit), and make its recommendation. The appellant or petitioner will then present the request. The appellee, if applicable, will present its position. Members of the public will be permitted to speak on certain petitions. Petitioner may ask questions of staff. Appellant or petitioner will be permitted to make final comments. Pamela E. Burns (Assistant City Clerk): For those of you who plan to provide testimony this afternoon, would you please stand and raise your right hand, please. The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: Thank you. Please be seated. PZ.1 07-00345xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL ACCESSORY USES ON PR -PARK, RECREATION AND OPEN SPACES DISTRICT, TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING FOR THE BOAT/BROKERAGE AND MARINA BOAT ADMINISTRATION, PER THE LEASE AND DEVELOPMENT AGREEMENT, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. City ofMiami Page 2 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 07-00345xc Analysis.PDF 07-00345xc Zoning Map.pdf 07-00345xc Aerial Map.pdf 07-00345xc Letter of Intent.pdf 07-00345xc Application & Supporting Docs.PDF 07-00345xc Plans.PDF 07-00345xc ZB Reso.PDF 07-00345xc & 07-00345ww WAB Reso.pdf 07-00345xc CC Legislation (Version 3).pdf 07-00345xc & 07-00345ww Exhibit A.pdf 07-00345xc CC 12-11-08 Fact Sheet.pdf LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Grove Harbour Marina and Caribbean Marketplace, LLC, Lessee; City of Miami, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. ZONING BOARD: Recommended approval with conditions* to City Commission on September 8, 2008 by a vote of 5-2. WATERFRONT ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 9, 2008 by a vote of 6-0. See companion File ID 07-00345ww. *See supporting documentation. PURPOSE: This will allow the construction of an office building for the boat/brokerage and marina boat administration for the Grove Harbour Marina and Marketplace project. NOTE: File previously known as 07-00345x. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. We'll go ahead and take up item number -- well, before we do that, any items to be deferred by the Administration or by any other counsels on PZ (Planning & Zoning)? Yes, sir. You're recognized for the record. Santiago Echemendia: Good afternoon, Mr. Chairman. Santiago Echemendia, 1441 Brickell Avenue, on behalf of Grove Harbour. Items 1 and 2, we would like to request a deferral till January -- I'm sorry -- yes, January 29, which is your next Planning and Zoning agenda. Chair Sanchez: All right. Is there a motion? Vice Chair Spence -Jones: Second. Chair Sanchez: We need a -- City of Miami Page 3 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. So moved. Commissioner Gonzalez: Move it. Chair Sanchez: Motion is made by Commissioner Sarnoff, second by Vice Chair Spence -Jones. No discussion on the item. It's a deferral to the next PZ agenda. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Echemendia: Thank you. PZ.2 07-00345ww RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A MODIFICATION OF THE REQUIRED WATERFRONT CHARTER PROVISIONS RELATING TO THE SETBACK, AS SET FORTH IN SECTION 3(mm)(ii-iv) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FROM 50 FEET 0 INCHES TO 22 FEET 6 INCHES TO THE NEAREST POINT BETWEEN THE NEW STRUCTURE AND THE BULKHEAD, FOR THE GROVE HARBOUR MARINA AND MARKETPLACE PROJECT, TO BE LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. 07-00345ww Zoning Map.pdf 07-00345ww Aerial Map.pdf 07-00345xc & 07-00345ww WAB Reso.pdf 07-00345ww Letter of Intent.pdf 07-00345ww Application & Supporting Docs.pdf 07-00345ww Plans.pdf 07-00345ww CC Legislation (Version 1).pdf 07-00345xc & 07-00345ww Exhibit A.pdf 07-00345ww CC 12-11-08 Fact Sheet.pdf LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Grove Harbour Marina and Caribbean Marketplace, LLC, Lessee; City of Miami, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval. WATERFRONT ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 9, 2008 by a vote of 6-0. See companion File ID 07-00345xc. *See supporting documentation. PURPOSE: This will allow fewer setbacks than required for the Grove Harbour Marina and Marketplace project. City of Miami Page 4 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones [For minutes related to item PZ.2, see item PZ.1.] PZ.3 04-00897cm RESOLUTION 1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SECOND MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT) DATED NOVEMBER 16, 2004 AND RECORDED IN OFFICIAL RECORDS BOOK 22923, PAGE 3035, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2255, 2263 AND 2295 SOUTHWEST 37TH AVENUE, 3685 AND 3695 SOUTHWEST 23RD STREET, AND 3672 AND 3688 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA. 04-00897cm1 Zoning Map.pdf 04-00897cm1 Aerial Map.pdf 04-00897cm1 Letter of Intent.pdf 04-00897cm1 Declaration of Restrictions (2004 Covenant).pdf 04-00897cm1 CC Reso R-07-0655.pdf 04-00897cm1 Supporting Docs.pdf 04-00897cm1 Legislation (Version 1).pdf 04-00897cm1 Exhibit A.pdf 04-00897cm1 CC 12-11-08 Fact Sheet.pdf LOCATION: Approximately 2255, 2263 and 2295 SW 37th Avenue, 3685 and 3695 SW 23rd Street, and 3672 and 3688 SW 22nd Terrace [Commissioner Tomas Regalado - District 4] APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Statvel Three, LLC FINDINGS: PLANNING DEPARTMENT: N/A. PURPOSE: This will allow a second modification to the existing covenant because of a change to the previously approved architectural plans. Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0708 Chair Sanchez: Next item is PZ.3. Lourdes Slazyk (Administrator): For the record, Lourdes Slazyk, Zoning. PZ.3 -- Pamela E. Burns (Assistant City Clerk): PZ (Planning & Zoning) -- Ms. Slazyk: -- is a request to modnj, a covenant that was proffered to the City Commission. The City of Miami Page 5 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 original project as approved was an office complex with nine residential units and some retail. The -- due to market conditions, the applicant is requesting a modification to the covenant to replace those plans with a project that is going to include 116 residential units, 151 hotel rooms, 282 parking spaces. It has been reviewed by Zoning and it is in compliance with the zoning requirements. Ms. Burns: For the record, this is PZ.4. Chair Sanchez: Yes, it is. No. Vice Chair Spence -Jones: No, PZ.3. Adrienne Pardo: Three. Commissioner Regalado: No. PZ.3. Ms. Slazyk: Three. Chair Sanchez: This is PZ.3. Ms. Pardo: Three. Ms. Slazyk: This is PZ.3. Chair Sanchez: You know, I'm glad to see everybody makes mistakes every now and then. All right, PZ.3. All right, Madam Applicant, you're recognized for the record. Ms. Pardo: Hello. My name is Adrienne Pardo, with law offices at Greenberg Traurig, 1221 Brickell Avenue. I'm here today on behalf of the property owner, Statvel Three, LLC (Limited Liability Company), whose principal is Henry Pino. The property is located at 2263 Southwest 37th Avenue on Douglas Road, between 37th Avenue -- on 37th Avenue, between Southwest 22nd Terrace and Southwest 23rd Street. With me here as well is the architect, Robert Behar, and Rick Padin, who worked on this particular project. We're requesting an amendment to a prior -approved project for approval of the project that we have before you. It includes a residential building with 116 units and approximately a 150-room hotel. There will also be retail on the ground floor, huge plaza area. We can go into it in detail. Chair Sanchez: This is basically a modification to the existing covenant, right? Ms. Pardo: Yes, modification -- Chair Sanchez: Okay. Ms. Pardo: -- to an existing covenant. Has great qualities with regards to a huge plaza area on the property. The project will be providing a lot of jobs, which we need in this community, construction jobs as well as permanent jobs. Chair Sanchez: All right, hold -- Is there anyone in opposition here to this -- either in favor or against this item? All right. Can we get a motion? Commissioner Regalado: I move to approve -- Chair Sanchez: All right. Commissioner Regalado: -- this project -- City of Miami Page 6 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Vice Chair Spence -Jones: Second. Commissioner Regalado: -- andl would like to -- Chair Sanchez: There's a motion -- Commissioner Regalado: -- say -- Chair Sanchez: -- for the record by Commissioner Regalado, second by the Vice Chair. The item -- before we open it up for discussion, once again I want to make sure there's no one here to speak on the item. The public hearing is opened. Seeing no one in close [sic]; coming back to the Commission. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you. Number one, I think that after the groundbreaking, we'll give you a medal because anybody who would go into a huge project in the City ofMiami or, for that matter, anywhere deserve a medal. This is about jobs. This is about opportunities. This is about companies, but it's -- you know, things happen for a reason, and the new modified plan is great for the area. It has less height and it does have hotel or extended hotel component, which is what is bringing a lot of residents to the area to meet relatives and all that; and we have seen that in Coral Way and 36, and it has created a walking environment between 32ndAvenue and Miracle Mile, so I think that this is going to be great for the City and for District 4. And I am very happy that you are able to start construction. By the way, when are you going to start construction? Robert Behar: Possibly in the next eight to twelve moths. I still have to go through the permitting process, finish drawings and -- Commissioner Regalado: Great. Thank you. Pamela E. Burns (Assistant City Clerk): And we need your name for the record, please. Chair Sanchez: Robert Behar. Mr. Behar: Robert Behar, Behar Font & Partners, 4533 Ponce De Leon Boulevard. Thank you. Chair Sanchez: All right. 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. Congratulations. Ms. Pardo: Thank you very much. Chair Sanchez: Make sure you start quick. Commissioner Regalado: Thank you. Chair Sanchez: There's a lot of people out there need jobs. PZ.4 07-00939zt 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 627, CONCERNING City ofMiami Page 7 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 THE SD-27 MIDTOWN MIAMI SPECIAL DISTRICT TO CLARIFY THAT MULTIPLE USES ON THE SAME BUILDING INCLUDE A COMBINATION OF RESIDENTIAL, RETAIL AND OFFICE; EXCLUDING FROM THE DEFINITION OF MIXED USES IN SD-27 THE COMBINATION OF ONLY RESIDENTIAL AND/OR LIVE/WORK USES IN A BUILDING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00939zt PAB Reso.PDF 07-00939zt CC SR Legislation (Version 3).pdf 07-00939zt CC SR 12-11-08 Fact Sheet.pdf LOCATION: 1) SE Corner of the Intersection of N Miami Avenue & NE 36th Street; 2) SW Corner of the Intersection of NE 36th Street & NE 2nd Avenue; and 3) SE Corner of the Intersection of NE 34th Street & NE 1st Place [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval without exceeding the approved Regional Activity Center (RAC). PLANNING ADVISORY BOARD: Recommended approval to the City Commission on July 23, 2007 by a vote of 7-0. PURPOSE: This will permit retail and office uses in mixed -use buildings at intersections of the SD-27 "Midtown Miami Special District". Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: We go to PZ.3. Lucia Dougherty: Mr. Chairman, Lucia Dougherty and Joel Maxwell, here today to request a continuance to June 25 for PZ.4. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff. So moved. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion and a second. The motion has been made by Commissioner Sarnoff, second by Commissioner Gonzalez. No discussion on the item. This is PZ.4, a deferral to the next regular Commission? Joel Maxwell: No. Ms. Dougherty: June 25. Chair Sanchez: June 25. City of Miami Page 8 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. To June 25? Mr. Maxwell: Yes, six months. Commissioner Regalado: Six months. Chair Sanchez: All right. Commissioner Regalado: That's a lot of time. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Any other deferrals? Mr. Maxwell: Thank you, sir. Chair Sanchez: Any other deferrals either from the applicant or the Administration or the Commissioners? If not, we will proceed. PZ.5 08-00887zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ARTICLE 6, SECTION 609.5, ENTITLED "CONDITIONAL PRINCIPAL USES," TO ALLOW THE OPEN AIR MARKET USE ON SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, ON BISCAYNE BOULEVARD BETWEEN NORTHEAST 51 ST STREET AND 77ST STREET, MIAMI, FLORIDA; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00887zt Color Map.pdf 08-00887zt PAB Resos.PDF 08-00887zt CC Legislation (Version 2).pdf 08-00887zt CC SR 12-11-08 Fact Sheet.pdf 08-00887zt-Submittal-Vagabond's History Document. pdf 08-00887zt-Submittal-Photographs. pdf 08-00887zt-Su bmittal-Plans. pdf 08-00887zt-Submittal-Correspondence-William J. Castillo. pdf LOCATION: Along the East and West Sides of Biscayne Boulevard Between NE 51 st Street and NE 77th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 17, 2008 by a vote of 6-2. The Board also recommended to the City Commission that the ordinance be reviewed again in four years by a vote of City of Miami Page 9 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 6-2. PURPOSE: This will modify the SD-9 Biscayne Boulevard North Overlay District in order to allow an Open Air Market use. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13046 Direction by Vice Chair Spence -Jones to the City Manager to investigate the creation of a special task force to address special events -based projects, such as open-air markets, to begin to address such special events as they become problems for the neighborhoods. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chair Spence -Jones absent, to authorize the issuance of two additional Class I Permits to Eric Silverman of the Vagabond open-air market. Chair Sanchez: PZ. 5. Lourdes Slazyk (Zoning Administrator): PZ. 5 is a second reading ordinance amending SD-9 in order to create a boule -- the open-air market area on Biscayne Boulevard. This has been approved by the Planning Advisory Board and approved on first reading by the City Commission. Chair Sanchez: All right. It's an ordinance on second reading. Is there a motion? Commissioner Sarnoff. So moved. Chair Sanchez: All right, there's a motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Sarnoff, second by the Vice Chair. Before we open it up for discussion, anyone wishing to address this item? We're on PZ.5. It's an ordinance on second reading. All right, hearing no -- no one, the public hearing is closed, coming back to the Commission. No further discussion. Read the -- okay. All right. Okay. Sir, we're on PZ.5. Okay. Pamela E. Burns (Assistant City Clerk): I'm sorry, sir; we need one for the record by the City Clerk. Chair Sanchez: Sir. Maria J. Chiaro (Deputy City Attorney): And the City Clerk. Chair Sanchez: Sir -- Ms. Chiaro: And the City Clerk. Chair Sanchez: -- can we make sure the City Clerk gets a copy? William Jorge Castillo: Thank you for allowing me to speak to you. My name is William Jorge Castillo. I'm a native ofMiami. I'm a homeowner at 643 Northeast 74th Street, in Miami. I own a house just block -- a block east of Biscayne Boulevard. My concern here is after the City ofMiami Page 10 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 homeowners in the neighborhood where I live called Belle Meade, I'm very proud of the fact that the Upper Eastside has changed a great deal for the plus. It's been a real pioneer spirits to buy a home in this part of the neighborhood. However, we have been very encouraged by commerce coming in, especially with folks like Mark Soyka andMichy's Restaurant and Dogma hot dog stand, and recently, the lighting of the Copper Tone girl on 7300 block. It's been very positive to see this positive commerce come in. However, even though there's a very bright star all over the Upper Eastside different businesses, on the east side of Biscayne Boulevard, the 7300 Block, with all these there's a real dark star to it and that's the Vagabond Motel. We had a lot of promise when this particular individual purchased the property in October of 2005 for $4 million, but since that time there's been no improvement whatsoever in this particular location of the building; and what it reminds me now as a native ofMiami is that the area become more of a Opa Locka-type Flea market with the way the business is being transacted at the Vagabond Motel. If you look at the back page of the handout gave you, that's a picture of the Vagabond Motel on the east side of the property at dusk, and nothing has really been done since the man purchase -- Eric Silverman purchased the property to enhance the property in keeping with the rest of the neighborhood commerce as well. My concern here is that anymore business that is allowed to be transacted at the Vagabond Motel be halted or any kind of farmer's market until the gentleman repairs his building and makes it look more habitable for those who live next to it, like myself. Last week had the misfortunate, with my partner -- we both share the same home -- to stop a woman right behind the Vagabond Motel at 10 o'clock at night servicing one of her customers in his car. This didn't happen two blocks north of the location or two blocks west; it happened right behind the Vagabond Motel. Unfortunate for me because I'm the homeowner of this location, this is the kind of stuffl've got to see on a regular basis. I would only suggest to all of you that you would please do not allow anymore kind of business to be transacted under the name of the Vagabond Motel by the owner until he fixes it. We don't need any Flea markets. We don't need any type of outdoor markets. We have a beautiful Upper Eastside market right now that we patronize. It's very successful at Legion Park. But our concern here is not because of the architectural nuances, the MiMo (Miami Modern) District's concern or whether he's following guidelines for Art Modern (phonetic) or Art Deco, my concern here is as a homeowner and we want our neighborhoods to be safe. And even though Mark Soyka and all these wonderful commerce people have come in and have done a great job on the Upper Eastside, there's a real dark star over our neighborhood through the Vagabond Motel. And ifyou allow them to continue this kind of business going, it's going to bring more of the same; more ladies servicing men, more drugs, more trafficking, etcetera. So I'd just like you to please consider, not only the architectural components or the business, what have you, but don't forget the homeowners because we're very concerned what's going on here at this property. Thank you. Chair Sanchez: Thank you. Commissioner Sarnoff. Mr. Castillo, wait a minute. Mr. Castillo: Please. Chair Sanchez: How do you attribute a person getting whatever they were getting behind the market to his market? Mr. Castillo: As I addressed to you, Commissioner Sarnoff, in my letter on September 25, 2008, some of us have affectionately or not affectionately come to refer to the Vagabond Motel as the great Wall of Vagabond It's a great hiding place. On Northeast 6th Court is akin to what 79th Street was 20 years ago coming down through Miami. It was just a red-light district of just a lot of lewd and lascivious -type traffic. Fortunately, 79th Street, as one goes to the beach has really cleaned up quite a bit; still quite a bit more, but Northeast 6th Court now, not anywhere north or southeast or west, but 6th Court is a de facto place where to get that kind of business transacted. If you look at the back page that I gave you in the handout with the photo, it's pitch dark; and that photo was taken at 7 o'clock last night on my phone -- on my iPhone camera. Apparently, City ofMiami Page 11 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 the man who purchased the property had a great vision, but I've seen nothing in writing. Is there a master plan? Is there an agenda? Is there some kind of dream that has been written out as to what he's going to provide for the Upper Eastside, like Mark Soyka did and Michy's and everybody else? I haven't seen, you know, that effect. Why is this kind of traffic being conducted on 6th Court? It's ideal. The Vagabond Motel, on the east side, though he has spent a lot of money, he says, on his property to beautin, it, he hasn't thrown a nickel, not a nickel on the west side of this property. There's not even one light bulb hanging from his building, on the west side of his building to light it up. If it weren't for the City ofMiami street lights, which I have to call in when they're -- when they go out, it'd be totally dark. This is an ideal location for folks who just kind of -- appropriately called are vagabonds around Biscayne Boulevard. They know to come to this location after hours. It's dark. It's dreary. There's a lot of holes in the Vagabond Motel probably that haven't been fixed. There are air conditioning wall units which haven't been replaced. For a man who spent millions of dollars on purchasing the property, he has stopped (UNINTELLIGIBLE) anything else, and now he wants to pitch tents to sell super woman dolls or stuff that he calls Vintage, which is actually just trash on the Opa Locka Flea market genre. Please, I ask you, look out for the homeowners out here because we got to deal with this. While he sleeps in Davie where he lives in his nice, fabulous ranch, we got to stop the prostitutes from servicing their clients on 6th Court. So I ask you, don't forget about the homeowners. We really need your help right now. Chair Sanchez: Thank you. Mr. Castillo: Thank you. Chair Sanchez: Next speaker. Sandra Stefan: Hello, everybody. I'm Sandra Stefani. I own Casa Toscana restaurant, 7001 Biscayne Boulevard. Andl came today because I feel that after Mark Soyka, actually the anchor for MiMo, was Casa Toscana. I open five years ago, after having a hot dog in a little place called Dogma, and that inspired me; andl said well, there is hope for this area. And the area, as the gentleman mentioned before me, is still a little trashy. It's still got its problems, but as Virginia Slim ad says, "We've come a long way, baby." And five years has been nothing but people like myself beautfing and being able to bring people from the Gables, the Grove. Those are my customers. South Beach. I have people from Fort Lauderdale, from everywhere. Casa Toscana is a well-known established Italian restaurant, and I'm really proud to have been there and now with being part of the MiMo district and continuing with the changes. The changes, they must be done slowly. In today's ordinance, I believe there is a word inside the ordinance that has been trying to pass today restricting other places or people or organization like MiMo for having anything else within 1,500 feet. Well, if we are going to try to do something between 50-something street and 77 Street, right there and there it's already almost 1,500 feet. That means that the exclusion to other businesses will apply. Chair Sanchez: Well, this is not the item. There's another item you're -- Ms. Stefani: Right. Chair Sanchez: Yeah. That's the next item. Ms. Stefani: I'm talking about the -- Commissioner Sarnoff.. No, no. Ms. Stefani: -- exclusion of the market over there. Commissioner Sarnoff.. Right. There's a requirement that there only be markets every 1,500 -- City ofMiami Page 12 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Chair Sanchez: (UNINTET,TIGIBT,F). I thought it was on the liquor license. Ms. Stefan: No. Commissioner Sarnoff. There is -- well, there's no -- Chair Sanchez: There's also an item -- Ms. Stefan: Yeah. Commissioner Sarnoff. That's taking away the liquor license issue -- Chair Sanchez: Yeah. Commissioner Sarnoff. -- but that's not -- she's right. Ms. Stefan: No, no. I'm on track. Commissioner Sarnoff. She's right. Ms. Stefan: I'm on track. Chair Sanchez: Okay. Ms. Stefan: Andl think also -- I've had a very bad experience in a little town called Miami Shores, andl lost a lot of money, and that is because of these type of restrictions that will not allow people to flourish; and what we're trying to do -- our goal is to bring people to the area. Mr. Sanchez, you have done a great job in Calle Ocho. I was like partying every -- you know, the last Friday of the month with everybody else. I got to cook now, so forget about that. The thing is we want to be vibrant just like what you did over there, and by putting restrictions, whether by size of the property or whether by distance of one market versus the other, you are going to chop our wings before we can fly; and we can't afford that. Chair Sanchez: Okay. Ms. Stefan: So I'm here in support of anything that can beautify our area. Chair Sanchez: Thank you. Ms. Stefan: Thank you. Chair Sanchez: Thank you. Next speaker. Teri D'Amico: Hello. My name's Teri D'Amico. I coined the term MiMo with Randal Robinson, and I'm an advocate for MiMo preservation. I don't feel that making portions of Biscayne Boulevard into a open marketplace will restore the integrity of the Boulevard. It wasn't definitely my vision when we worked for designation. Who was going to enforce your "limitations"? You say green -- natural food versus processed food Is someone going to be out there checking this? But the most important thing is the word "crafts," okay. Craft is something that someone's sewn or maybe painted, like velvet paintings, okay. Who is going to enforce it? And one of the things that I've handed out here is the fact that Vagabond Hotel has not followed the HEP (Historic & Environmental Preservation) Board approvals, okay. There are windows that have been demolished and, most importantly, the sign. People will come from all over the world to see that sign, and he has taken the letters off without a permit. So I believe that, City of Miami Page 13 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 number one, he's serving food there. They don't have a dumpster. They don't have a kitchen. So who is enforcing --? If you can't enforce the rules that are already there, who is going to enforce this "craft"? And the fact that you're going to have tents and selling flea market -quality products in front of historic buildings will not instore [sic] the integrity of the building, andl did have people from the Smithsonian immediately want to come down and stay at the Vagabond. This district will attract that much attention. Andl really think by having, again, cluttered tents in front of historic buildings, but if you're going to pass this, you should make the buildings be to Code and reward them for being to Code, okay. Thank you very much. Chair Sanchez: Next speaker. Nancy Liebman: My name is Nancy Liebman. I am here to suggest to you that Teri's points about the Vagabond should be well taken. Her photos show what this overlay is going to bring unless there are certain controls to it. I don't know how anybody can be running a restaurant -- there appears to be a restaurant there -- without the proper bathrooms, without the proper ventilation. There are lots of things in her presentation there that should be well noted, but if indeed this overlay is to be approved, it should be with the caveat that the building be in keeping with the principles of preservation design guidelines. Up to now there are no guidelines for the district. I am being assured by the Preservation Department that there will be very shortly. But if you just pass this ordinance today and allow to continue what you are hearing from the public, you will be doing a disservice to this historic district. It is inappropriate renovations and alterations, such as we're seeing at the Vagabond, we could begin to see up and down Biscayne Boulevard That compromises the architectural and historic integrity of the buildings and that historic district as a whole. Changing window configurations without permits, putting up air conditioning ducts hanging out the window -- I feel for the gentleman who spoke first. I have been around that building. He has to face a chain link fence; parking, by the way, all blocked off with a chain linked fence; air conditioners that had been pulled out of the windows. The building is not in operation. It is -- and I'm speaking for myself. I am not speaking for the association. You will hear from Fran Rollason next. All of these kinds of things do not add to what we're trying to do up there on the Boulevard The building should be, in some way, renovated, same as you're going to hear with that -- the liquor ordinance that you're going to hear next. That requires that your building be renovated before you get the privilege of moving and putting in a restaurant with a full liquor license. That should be the same perk here. Pass the overlay, but make it a perk for doing something else that will enhance the district -- Commissioner Sarnoff. Nancy, let me ask you a question. Ms. Liebman: -- and not drag it down. Commissioner Sarnoff. Because the next ordinance does have that renovation feature in there, but it doesn't describe what that renovation is. Ms. Liebman: It does. Commissioner Sarnoff. I helped write that ordinance. Ms. Liebman: So didl. Commissioner Sarnoff. It doesn't say what the renovation is. It says a renovated building. Ms. Liebman: No. Then it describes what -- and refers you what a renovated building is. I know that that was written in. Whether it was taken out before the last -- Commissioner Sarnoff. I showed you yesterday the ordinance. City of Miami Page 14 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Liebman: Right. Commissioner Sarnoff. You wrote back to me this morning, said ` perfect. " Ms. Liebman: That's right. Commissioner Sarnoff. Do you have that there? Can you pull out what the description of renovation is? Ms. Liebman: It's on -- I don't have a page number. It's 4-11, and then look at number one; it refers you to Section 4-2 there, and the improvements applied to a restaurants [sic] only. And then it says certificate of appropriateness required. Number two, to obtain a certificate of appropriateness you shall have completed improvements that include, but are not limited to lighting, landscaping, painting, windows, doors, paving, parking areas, signage and awnings or canopies. That's how it was described. Commissioner Sarnoff. So you would be satisfied if this ordinance were amended to give as a carrot, if you will, the person who goes and renovates their property to get this open-air market? Ms. Liebman: Yes. I think that it would be a positive because all of these things you're doing are perks to get the people to renovate their buildings. Commissioner Sarnoff. And it would be then your position that this would be an acceptable ordinance once that was --? Ms. Liebman: Yes, it would. We're a little concerned about that 1,500 feet because it really eliminates other people who would like to do something. Right across the street from the Vagabond is -- are two beautifully renovated motels. The owner is here. He's going to support the liquor ordinance. I don't know if he wants to speak now. But he can't do anything because -- Commissioner Sarnoff. Is Lourdes here? Because I know she came up with the 1,500. I remember the reason why. Ms. Liebman: So it wouldn't become a vast flea market, but if you put in certain restrictions, it will not become just a big old flea market up and down the street. Ms. Slazyk: Basically, this was modeled after the Grand Avenue one which -- that had the distance requirement. But when I hear people speak, I'm a little concerned because they're still talking about a flea market and all these other things. This ordinance does not allow all those things that are being spoken about. It's really limited to your fruits and vegetables and arts and crafts and those sorts of things. You can't put the vintage items, you know, what I guess was done at the Vagabond under special events permits for the last couple of weeks may have been something different, but this ordinance would not allow what I'm hearing being spoken about. And l just want to remind you that what's before you is an ordinance for a district. The Vagabond is not -- Commissioner Sarnoff. Right. Ms. Slazyk: -- before you, you know. They haven't even applied for this yet. Commissioner Sarnoff. But I'm -- and I understand what you're saying and my understanding is identical to yours I guess because we worked on this together. Ms. Slazyk: Yeah. City of Miami Page 15 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. And l just didn't recall what the 1,500 requirement, why it was sort of set in stone. You told me a moment ago it's because it came from a Grove ordinance. Ms. Slazyk: Yeah. It was modeled after the Grove. Commissioner Sarnoff. And maybe it could be relaxed. And I'm also -- and my recollection equally now is refreshed by you where you tell us that he was operating on some sort of a permitted basis -- Ms. Slazyk: Special event permit, yeah. Commissioner Sarnoff. Right. -- but did not have the criteria of this ordinance, andl think -- Ms. Slazyk: This ordinance hadn't been adopted yet. Commissioner Sarnoff. Right. I got you. Andl think their concern -- it's not your issue or your department -- would be how would we enforce it. Ms. Slazyk: Right. That would -- it's a Code enforcement -- Commissioner Sarnoff. Right. Ms. Slazyk: -- issue and the important thing to remember is once a special permit is obtained for this, if there is a violation, the special permit will get rescinded; so there's the incentive to follow the ordinance and not -- Commissioner Sarnoff. All right, let me see ifI understand that. So if a notice of violation goes out and he is found to be -- I guess he has to be found to be guilty by either a special master or the Code Enforcement Board? Ms. Slazyk: Right. Normally -- and Mariano could probably answer this better than me -- but normally there's a certain amount of time to come into compliance. Commissioner Sarnoff. Thirty day -- right. Usually 30, right. Ms. Slazyk: Right. If it's noncompliant, then the Planning director can place this on a Zoning Board agenda in order to rescind that Class II Commissioner Sarnoff. So in theory, it could be a violation for upwards of 60, 65, 70 days? Orlando, is that about right? Orlando Toledo (Senior Director, City Manager's Office): That's about right. Ms. Slazyk: I think, though, that the -- Commissioner Sarnoff. And then he gets his permit revoked and then he's out of business. Ms. Slazyk: Exactly. Mr. Toledo: Exactly. Ms. Slazyk: And the distance, you can change the distance. The -- what I wanted -- Commissioner Sarnoff. Does it need a distance requirement? City of Miami Page 16 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Slazyk: No. You don't have to put a distance requirement in. Commissioner Sarnoff. We don't have to have a dis -- Ms. Slazyk: And you know, what wanted to also remind the Commission is there is a provision in the Code right now for SD-9 to allow vending from carts, such as CocoWalk in Coconut Grove. So if one of the properties on the Boulevard were to want to really do a rehab job to become some other use and create a courtyard area where they wanted to have vending, that's already in there. This ordinance is a different ordinance. It's for Saturdays and Sundays only, to create a market just for the weekends. This is not a Monday through Friday ordinance. This is not retail -sales -all -the -time ordinance, and it's not open to other mass-produced items or anything of that nature. Commissioner Sarnoff. Could you put on the record, maybe for those watching, what exactly is permitted? Ms. Slazyk: The cart thing or under this ordinance? Commissioner Sarnoff. No, no, no, no, no. This ordinance. Ms. Slazyk: Okay, this ordinance. There is a series of criteria. First of all, the market and crafts have to specialize in the sale of crafts and fresh fruits and vegetables that are permitted within the district, subject to the Class II The market must be located on a parcel of no less than 15,000 square feet of lot area. That was in order to make sure that there was sufficient room to do this properly and that it not be squeezed into a small site. The market shall be limited to no more than 65 percent of the area of the parcel in display area. The market may be accessory to permanent structures. All display tables and other such material must be removed at the end of the permitted time of operation. The market display area shall be located along Biscayne Boulevard frontage and has to be setback no less than 25 feet from any abutting residentially -zoned property. They may only operate between the hours of 8 a.m. and 8 p.m. on Saturdays and Sundays only. The market may be located no closer than 1,500 feet from another outdoor market and only hand -made crafts, fresh fruits and vegetables, prepared raw foods and drinks derive from fresh fruits and vegetables may be sold. Commissioner Sarnoff. Did -- now, based on that, would you be allowed to serve prepared foods? Ms. Slazyk: I would say no. Prepared raw foods and drinks derived from fresh fruits -- I mean, you can't cook -- Commissioner Sarnoff. So you can't cook? Ms. Slazyk: Can't cook. Commissioner Sarnoff. Okay. Vice Chair Spence -Jones: Can I --? Ms. Slazyk: You know, a salad. If you have fruits and vegetables, you can put them together into salads. Commissioner Sarnoff. Okay. Chair Sanchez: Commissioner, do you have anymore questions? City of Miami Page 17 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff No, not of Lourdes. Chair Sanchez: Vice Chair -- Vice Chair Spence -Jones: I just have a -- Chair Sanchez: -- and then we'll continue with the public. Vice Chair Spence -Jones: -- question and only because I second the motion on this item, andl want to be clear on what I'm seconding; and if it's a problem for the residents, I want to make sure we address it. Kathleen [sic] from Historic Preservation? Ms. Slazyk: Ellen. Vice Chair Spence -Jones: Ellen. Why didl say -- ? Okay. Ellen, can you just --? I just have a couple questions for you. It seems as though this like confusion on what's been going on there and what's now being proposed to happen there. Like the pictures that we just saw, Nancy, were really for -- I guess we had a special events permit, some activities that took place, and the concern with the residents is that they don't want to see this kind of -- these kind of activities continuing. Am I gathering that correctly? Ellen Uguccioni: Yes, ma'am. The -- Mr. Silverman has been before -- Ellen Uguccioni, Historic Preservation officer -- the Historic and Environmental Preservation Board at least three times. The Silverman has been before the HEP Board at least three times and his plan has included retail spaces on the ground floor and a restaurant. I can't speak for Mr. Silverman, but I presume because of market conditions, he was looking for something that would get cash flow into his building and started the market idea and he's had a permit to do that, but not on a permanent basis. So I think he has had to use -- you know, he's been working the market on a temporary basis to find out if he can do it on a permanent one -- Vice Chair Spence -Jones: Okay. Ms. Uguccioni: -- and there have been issues as a result of that. Vice Chair Spence -Jones: Okay. Just from your staff recommendation standpoint -- I mean, 'cause Lourdes has basically outlined that what we're speaking about -- or what are we hearing about today is not really what's being proposed today, so that has absolutely nothing to do with what's been going on; correct? So this will, hopefully, clean up any things that has been proposed to happen there. Ms. Uguccioni: Yes. Vice Chair Spence -Jones: Okay. Your concern is if this kind of activity continues or what has been outlined in this presentation today in your eyes is definitely not acceptable from a historic preservation standpoint? Ms. Uguccioni: Right. Vice Chair Spence -Jones: Okay. So it's two -- I just want to make sure because I'm trying to, you know -- originally, when it was presented by the other young man, it was as if this is what was going to happen, but now we know that this is not going to happen. So my question then becomes for Nancy and the group from the Upper Eastside, if what is being proposed now, which is what Lourdes just put on the record and I guess what Commissioner Sarnoff just, you know, had her put on the record, do you have an issue with what's being proposed now? City of Miami Page 18 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Liebman: As I expressed, I think that this should be a privilege and not just a wholesale give-away, and it should be where a property owner has done something to his building to improve it. Vice Chair Spence -Jones: Okay. So are you saying, Nancy, that before we vote on this particular item, he needs to clean up some things first before we support? Ms. Liebman: He or anybody else. It's not really about -- Chair Sanchez: Yeah. Ms. Liebman: -- him. It's just that he's the first one out of the box and we saw what overlay market could possibly do unless there's some kind of enforcement. Vice Chair Spence -Jones: Okay. Ms. Liebman: So -- but to use the overlay as a privilege without doing anything to your building and helping out the neighbors in the neighborhood doesn't really make much sense. I am speaking for myself because the president of the association will tell what the association bears, we've heard lots of complaints and we had supported it in the beginning, too, but I think you need to think beyond just allowing overlays all up and down the Boulevard, the same as you're not going to allow the liquor ordinance waiver to happen for anybody who has a building boarded up or not. I mean, that just doesn't make sense. I will tell you, on Miami Beach they would never just allow a vacant building to do this kind of thing, andl don't think in most historic districts. This is all happening because it's in the historic district, and there are certain things that happen in a historic district. There are a lot of requirements that prevent the owners from doing things. They have to do certain things. Well, they have to do certain things to get certain perks, and this should be one of the perks. Vice Chair Spence -Jones: I got you. Ms. Liebman: So -- Vice Chair Spence -Jones: Okay. I'm glad you cleared it up because -- Ms. Liebman: -- the ordinance -- Vice Chair Spence -Jones: -- to be honest with you -- Ms. Liebman: -- would be fine -- Vice Chair Spence -Jones: -- and it's (UNINTELLIGIBLE) -- Ms. Liebman: -- but it just -- Vice Chair Spence -Jones: -- so let's just be clear for the people that are watching this. It really has nothing to do with Vagabond. This is a separate item, but because Vagabond has been doing these -- Ms. Liebman: Yes. Vice Chair Spence -Jones: -- events, your concern is that we're going to see similar things like this happen. Ms. Liebman: Exactly. City of Miami Page 19 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Vice Chair Spence -Jones: Okay. Ms. Liebman: Every boarded up building on Biscayne Boulevard, every vacant lot will turn into something that is not really conducive for the environment. Vice Chair Spence -Jones: Unless there's an enforcement element added to it to make - Ms. Liebman: Well -- Vice Chair Spence -Jones: -- sure that this item is passed then -- Ms. Liebman: Yes. Vice Chair Spence -Jones: -- people have to comply. And last question, andl know you -- I can feel your energy over here, Commissioner Sanchez. From Historic Preservations, just so that I know, are you in support of this? Because really, at the end of the day, I mean, you are supposed to be our eyes, our guards -- Ms. Uguccioni: Right. Vice Chair Spence -Jones: -- to this whole historic preservation -- Ms. Uguccioni: Right. Vice Chair Spence -Jones: -- element so you have to be able to communicate to us if you feel that this is -- it enhances it, it hurts it, or it needs to be worked out further; you need to say that on the record. Ms. Uguccioni: I understand, ma'am. I think as a temporary measure of what Mr. Silverman is doing makes sense. On a long-term measure, it does not. In 2006, when he filed the plans to completely redo the Vagabond -- Allen Schulman was the architect. It was a very comprehensive plan. Andl think that's ultimately the goal. There is a master plan. Vice Chair Spence -Jones: Let's remove him out of the equation. I don't want to -- Ms. Uguccioni: Okay. Vice Chair Spence -Jones: -- because that's what caused the confusion -- Ms. Uguccioni: Sure. Vice Chair Spence -Jones: -- for -- at least for me. Ms. Uguccioni: Sure. Right. Vice Chair Spence -Jones: I'm talking about this ordinance that's in front of us right now. Ms. Uguccioni: The building needs to be rehabilitated. It is still in very bad shape. The market does not help it to be -- Vice Chair Spence -Jones: But we're not talk -- I just want to be clear. Madam City Attorney, we're not talking about a building. We're talking about an ordinance, correct? Ms. Chiaro: That's correct. City of Miami Page 20 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Vice Chair Spence -Jones: Okay, so -- Ms. Chiaro: This ordinance does not relate to a structure or a building. Vice Chair Spence -Jones: I'm just asking for City staff to tell me are you okay with this ordinance if it's --? That's really what I'm -- Ms. Uguccioni: Right. Vice Chair Spence -Jones: Now I want to take him out of the equation. I know that he -- this has been an issue -- Ms. Uguccioni: Sure. Vice Chair Spence -Jones: -- but I don't want us to vote on something just based upon the fact that we're thinking that it's him because I know you got most of us confused up here right now. Ms. Uguccioni: Right. I think that -- Vice Chair Spence -Jones: Are you in support of an ordinance like this happening on Biscayne Boulevard? Ms. Uguccioni: Commissioner Spence -Jones, my feeling is that there should be some kind of measure that has to be established with regard to the building in order for this -- for me to support it, andl know we're trying to separate the building from this ordinance, but to me, as has been stated before, there -- the building does need to be cleaned up. The building does -- Vice Chair Spence -Jones: Okay. Ms. Uguccioni: -- and it isn't in there now. Vice Chair Spence -Jones: Okay. Lourdes, can I ask you because I --? I'm just trying to -- we still keep going back to the building. I'm not talking about the building. Ms. Slazyk: Right. Vice Chair Spence -Jones: I'm strictly talking about this ordinance -- Ms. Slazyk: This ordinance. Vice Chair Spence -Jones: -- right in front of us right now. Ms. Slazyk: Okay. This ordinance was, like I said -- Vice Chair Spence -Jones: If Vagabond was not there. Ms. Slazyk: Right. I -- and I'll give you -- Vice Chair Spence -Jones: No events have ever taken place. Ms. Slazyk: -- my opinion. If -- This ordinance was originally written for Grand Avenue and Coconut Grove, and it was actually written more for a vacant lot scenario, okay. When you're talking about doing uses like this where there's buildings, I think that the concept of requiring some improvements to the buildings is a good concept because this ordinance, all the criteria City of Miami Page 21 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 that I just read, makes a whole lot of sense if you're talking about a vacant lot where you're going to set up temporary stuff for Saturdays and Sundays and have a great, you know, vegetable and fruit market. When you're talking about doing it within the confines of a building, there should be some improvements that go along with it -- Vice Chair Spence -Jones: So, Lourdes -- Ms. Slazyk: -- and that's what was being -- Vice Chair Spence -Jones: -- can I ask you a question? Do you feel like this needs to be hammered out a little more? Ms. Slazyk: I think -- Vice Chair Spence -Jones: Because there's -- obviously, there's some confusion on it. Ms. Slazyk: No. I think it could benefit from additional criteria, I think, for buildings. Vice Chair Spence -Jones: Okay. So then -- I mean, why -- has it not been communicated to you, Commissioner Sarnoff? Commissioner Sarnoff. A lot of things have been communicated to me, Commissioner Spence -Jones. Vice Chair Spence -Jones: I mean, it just seems like -- if Lourdes, the staff person, is telling us that she feels like some additional things need to be hammered out on this ordinance -- Commissioner Sarnoff. Well, I wanted Nancy -- because I'm looking at PZ.7 or is it PZ. 6, I guess it is -- Chair Sanchez: Six. Commissioner Sarnoff. -- and I'm looking for your definition of -- and I'd love to see what you're looking at because I'm looking for your definition of renovation because I may include it in this ordinance. Ms. Liebman: What -- I read it. Commissioner Sarnoff. No. I -- can I just see it? I just -- I'm a very fixated, visual person, so I - - can I just see yours? I'll show you mine if you show me yours. Chair Sanchez: All right, let's go folks. All right. We still have to go through the public hearing. We still have people that need to -- Commissioner Sarnoff. Just continue. I mean -- Chair Sanchez: Okay. Commissioner Sarnoff. Go ahead. Chair Sanchez: Well -- Commissioner Sarnoff. I'm just looking at something, so -- Chair Sanchez: Okay. All right, next speaker. I think we'll save you for last. City of Miami Page 22 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Eric Silverman: Okay. Chair Sanchez: Sure there's going to be questions for you. All right, next speaker. Frances Rollason: Fran Rollason, MiMo Biscayne Association, 686 Northeast 74th Street. Several months ago the Association voted in favor of the overlay ordinance, and you know, things have gone on in the community since then, the controversy and the confusion as well. And I just want to say that, on record, we need the City to enforce the Codes and the different things and this overlay in order to make things work. That's all have to say. Commissioner Sarnoff Did you say you voted for it? Ms. Rollason: The Association voted for the overlay ordinance. Commissioner Sarnoff Which association, MiMo? Ms. Rollason: Yes. Commissioner Sarnoff MiMo? Ms. Rollason: Yes, yes, yes, yes. Andl mean, there was confusion back and forth between whether it was for the property or the overlay because it became one entwined situation. When we were voting, I was not comfortable in putting out the individual wording for his project because I couldn't get a business plan or I couldn't get leases or anything that you could really actually vote on. It was just a bunch of words and a couple -of -page thing where I think people would have gone to sleep if they tried to read it, so that's why we put forth the overlay ordinance itself, but there still was an intertwining of the fact that people in the neighborhood and other businesses wanted to see people walking on the boulevard and any activity that this could, you know, bring. Vice Chair Spence -Jones: Fran, are you -- so you're saying you're in support of the ordinance that's being proposed now? Ms. Rollason: Well, I agree that -- personally? I mean -- Vice Chair Spence -Jones: I'm just saying on behalf of -- I'm just trying to understand on behalf of the group of residents and the business owners in that area. I'm not -- Ms. Rollason: They voted -- the majority of the people voted in favor of the ordinance as it is. Vice Chair Spence -Jones: Okay. Ms. Rollason: Okay. Vice Chair Spence -Jones: But that's ''yes"? Commissioner Regalado: But I have a -- Chair Sanchez: Wait a minute. Are you --? Ms. Rollason: I mean, as far as the association, I can't speak any further than what is voted on. Chair Sanchez: All right, Fran. Commissioner, any further questions? City of Miami Page 23 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Vice Chair Spence -Jones: That's -- Chair Sanchez: Commissioner Regalado, you have a question? Commissioner Regalado: Yeah, I have a question. So the main concern is enforcement. Ms. Rollason: That's a big concern. Commissioner Regalado: That's what I heard. Vice Chair Spence -Jones: Yeah. Ms. Rollason: I mean, it wasn't voted on. I'm speaking for people that I've talked to. Commissioner Regalado: No. Right. But you see, my problem is that this ordinance is for Saturdays and Sundays -- Ms. Rollason: Right. Commissioner Regalado: -- and although Code Enforcement has established a round of inspectors on Saturdays and Sundays, you know, they are like the buses, Miami -Dade Transit: they have -- they are on a Sunday schedule, so there is the likelihood that maybe a Code Enforcement inspector cannot go by on a Sunday morning or a Sunday afternoon and -- because they have to do all the City, and you know, they work Monday through Friday, so if the main concern is enforcement, you know, we cannot, in good faith, promise you or the residents that there will be an enforcement because we cannot demand from the Administration and Code Enforcement, and Loret de Mola, "You have to send an inspector to see if they're doing barbecue on the side," because that is not going to happen. It may happen one Saturday or one Sunday, but we don't have enough inspectors; and we have enough problems in the rest of the City for the few inspectors that are -- So, if your concern, Fran, is enforcement, then we might as well not support this, you know. Ms. Rollason: Well, I would like to say, Commissioner Sarnoff had his meeting with the community, Lourdes spoke, andl mean, she made everybody feel a lot more comfortable because she said that there would be enforcement; and then everybody raised their hand because it did -- gave us a comfort level. Commissioner Regalado: All right. I -- you know, I'd like to think that we are that good, but we don't have that much manpower or womanpower to go around on Saturdays and Sunday, Code Enforcement. I hope that we get Code Enforcement inspector around my area on Sundays when somebody's building something illegal, but we don't. Vice Chair Spence -Jones: I just want to finish hearing for the rest of the residents and the business owners -- Ms. Rollason: Thank you. Vice Chair Spence -Jones: -- because I'm hearing yes, I support it, but no, I don't, so -- Ellen Wedner: Hello. I'm Ellen Wedner. I run the vintage store, Vagabond Vintage at the Vagabond Market, and this is -- what I'm hearing from the residents, the people that come in my store every week is that they love the Vagabond Market; they love having a place that they can come to. There are people that come every weekend and just come in my store and hang out, and they're talking about how different that is from the way things used to be on the Boulevard. And I'm hoping that you're going to pass this ordinance and not put me out of business. This is a City of Miami Page 24 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 very tough time in the city, in the country, and those of us that have been willing to take a chance and open a business and be part of the restoration of the Boulevard should have an opportunity to make that happen. And without going into he said/she said, I will only say that some of the things, like the air conditioning, were put in as event air conditioning. It's never meant to be permanent. It was so that we could open and there would be ventilation and things would be properly cooled in both the market side and in the vintage side. We have an ADA (Americans with Disabilities Act) compliant bathroom that we put in the day before we opened, so we're trying very hard to do everything and stay within reason and do the things the City requires, but without the farmer's market and without some form of traffic, then I'm out of business as a retailer; so I would ask that you pass this ordinance. It could only encourage business and small business owners, residents of the City ofMiami to take a chance on going into business here. It's very difficult when all you hear is no, no, no. We would like an opportunity to make this a success andl think we can, but it's going to take time. You have to take baby steps and then you take your bigger steps. Chair Sanchez: Thank you. Next speaker. Ann Carlton: My name is Ann Carlton. I live at 743 Northeast 80th Street, not too far away from the Vagabond. I can remember when the Vagabond was built because I lived here at that time. Some of these people that are speaking before you have no idea what the Vagabond is really all about or where it came from. I happened to be there at the time that it was built, the time that the land was bought, but that's neither here nor there. There are several things I resent and that's the word 'flea market." I have my dolls in that so-called flea market. The flea market price of my dolls is $150. If that's a flea market price, I'd like to know what is. I sell my dolls. I've sold them for years. Andl intend to stay in the Vagabond as long as I can because the people that come in there, the type of people that we have coming in to buy those items are people who can afford them. Not only that, I remember when the Vagabond was just, what shouldl say, falling apart. I remember when it was built. I remember when Arthur Godfrey came down here and helped the Vagabond boys buy that piece of land. I saw it when it went into disrepair. And then along came Eric Silverman and is doing the best he can to bring it up to par. We are doing everything we can to make it work and we need your help. Please pass the ordinance. We beg of you to do it. The neighborhood, the people that come into the stores, they're very happy that it's there and we'd like to keep it there. Chair Sanchez: Thank you. Ms. Carlton: Thank you. Chair Sanchez: Thank you so much. Next speaker. Ms. Carlton: Pardon me? Chair Sanchez: No. Thank you. Ms. Carlton: You're welcome. And by the way, ifI don't get a chance, everybody, Merry Christmas. Chair Sanchez: Merry Christmas to you too. Raja Kandaswamy: Good afternoon ((UNINTELLIGIBLE). Chair Sanchez: Good afternoon, sir. Mr. Kandaswamy: My name is Raja Kandaswamy. I'm owning restaurant Raja's Indian Cuisine in downtown. I've been like 18 years in business. And I'm getting -- I work for the last six years City ofMiami Page 25 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 best ofMiami. Mr. Silverman find me to put his -- my photos in his place. I'm serving like the last -- whenever he opens, the weekends. I serve a good meal with a good (UNINTELLIGIBLE) and everythings [sic]. I'm registered and a license place -- I'm license vendor because I'm not selling like illegal food or anything, like the people say, like your -- it's a good food (UNINTELLIGIBLE) by Miami Herald, Gourmet Magazines, (UNINTELLIGIBLE) and everythings [sic]. So my customers starts coming like at very big times because that's (UNINTELLIGIBLE) serving like last five, six weeks. The business is great. I'm doing the number one business right over there. All my customers appreciate it. There's no problem. Please pass this (UNINTET,TIGIBT,F). It really good. It's a very big dream. It really miss (UNINTELLIGIBLE) -- really (UNINTELLIGIBLE) the City going to miss him. He used to have a lot of things (UNINTET,TIGIBT,F) project. Please allow this project, please. Thank you. Chair Sanchez: Thank you. Next speaker. Bob Powers: Bob Powers. I live at 565 Northeast 66th Street, and you guys know me, so -- The issue at hand is that there are some holes in this that need to be tightened up before we go any further. There's obviously some problems with it, and what we don't want to do is we don't want to continue making problems up and down that Boulevard, and if we have learned anything from this particular thing -- andl will also remind you, I am a member of the MiMo group as a paid member of it, andl did vote in favor of this. You know, I did vote. But the thing is is like with everything that you vote when you vote for stuff like this and you find out that there's a problem, before it goes the next step further you need to take care of the problem. It's like you can't keep on building stories to a house once you know you have a crack in the foundation. You have to stop and fix the thing. We have an issue here that needs to be addressed, and it's becoming -- it's going to be problematic, and if we don't address it now, it's going to be all that much more difficult as we go down the road, and that's all it is. It's not about putting people out of business. It's not about any of that stuff. It's about addressing things that are obviously broken, that the City needs to step up and take a look at a couple of things that are just not right. We already know we have a problem, as Commissioner Regalado brought up, with Code Enforcement showing up and being on the mark with stuff andl know that they're short staffed andl know that's precisely why they can't always do all the things that they need to do, but that still does not leave out the responsibility of taking care of certain things the way they need to be taken care of. So at any rate, hopefully you won't -- you know, it's not that anybody's against this particular thing. There's holes that need to be filled. Please fill them. You know, if we need to wait another month or something like that, then wait another month and do it the right way instead of having it be problematic. That's all I have to say. Thank you very much. Chair Sanchez: All right. Last speaker. Next speaker. Okay. You're recognized for the record. Mr. Silverman: My name's Eric Silverman, from the Vagabond. This is a second reading. It's been a long, long road, the whole process of the Vagabond. First, let me state that I'm very proud. I don't know the pictures of which Teri D'Amico has given out. Commissioner Sarnoff, you've been to my property. Do they reflect what you saw when you came to my property or --? Commissioner Sarnoff. They do. I mean, I don't -- it's a matter of taste, Eric. I'm not -- here they are. Mr. Silverman: Okay. No, no. But I'm just saying that all the air conditioning ducts were mentioned, are temporary. Ms. D'Amico came by while we were putting up the ducts, and I'd like to just give you an example how what she has on there -- andl illustrated to the City and left photographs that -- the things that she's showing that are not covered were covered -- Ms. Burns: I'm sorry; we can't hear you. We need you on the microphone. Mr. Silverman: I'm sorry. Ms. D'Amico came by as we were setting up the property, and many of the pictures that you see -- and I'll just use this as an example -- where all the air conditioning City ofMiami Page 26 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 were covered with bamboo, okay, they were not seen. And for event air conditioning, it's not necessary to do that, yet, we did that around the entire property. We did certain things. The room was fire proofed. We put the new ceiling on so that we have drains in the floor. The floors are washed every night. The garbage is taken away every night. We run a clean operation. We have a three (UNINTET,TIGIBT,F), and) think that most of the people do come see a nice, clean market with an organic garden and everything else. So the first thing I'd like to say is that, you know, what we're talking about right now is the outside use of the property. Now Code Enforcement has come up here a couple times and that's the reason why my delay of the second reading, which did hurt us a lot because that took away our ability to show and have product outside, which every farmer's market needs to bring people inside. When I came to this last meeting asking why we were delayed, I find out that when we put, with permission from the Historic -- and we made a copy of Historic and discussed color, size, font, of everything that we were going to do to the signage temporarily, okay, because we wanted to apply for the $10, 000 grant for signage. So we had them paint the signs on the wall. That's the size. We discussed the size, the color, the font; how it would be done. We had permission in October of '07 when we went to change it from a motel to a commercial property to change the word 'Motel" to 'Market." So using the same exact font, we made the word 'Market," we painted the sign; the electricity was dead on the sign, but we replaced the broken light bulbs, put new light bulbs in to make it look nicer; and Code Enforcement, without telling us, asked me for an electrical permit for a new sign. What actually happened is that the repair we did was so good, they thought we put a new sign. And it was until) met with Mr. Hernandez and Mr. Mariano, brought the inspector out to show her it was the old sign, and she agreed, that my Code violation was expunged, okay. To show responsiveness, when I got my first Code violation, I was in the Historic Department the same day. I didn't wait a minute. Andl went down to Ellen Uguccioni - - Is that correct, Ellen? -- the same day. Ellen wrote a letter that what Eric is doing is correct. It fits into -- it's temporary. I'm getting my signage quotes and everything to make it in, and then I -- my mistake was I didn't go to Zoning because Zoning then can -- it isn't historic, and historic is my first step. So I went to Historic. I did everything) was supposed to do to my understanding, and) get from Code Enforcement a violation, which I had corrected within three to five days, everything, and still was bumped out; and then I got the letter that Friday about the - - that my -- I have no Code violations. I have passed every department in the Building Department, okay. I have the correct wheelchair bathrooms. I have the temporary ADA. I have everything that's necessary for me to have. And the project was always done in three phases. We are currently laying out our kitchen so that very -- exactly like the plans. Now certain things we're not allowed to do. I went -- I got a big orange because we wanted that to bring attractions. Given out over 200 orange juices to children because we can't sell it. We give it to them for free. And a lot of the people love bringing their kids on the weekend, having an orange juice, taking pictures with the Copper Tone sign; and it's been a wonderful thing. I immediately went to Zoning. They said have it made an item of historic significance. I write my application to Historic. Historic tell me no, you don't need to go. There's so many different moving parts here. Teri D'Amico and unfortunately, I feel Nancy Liebman has made a mockery to me of the system here. Talk about Code enforcement. There are more Code enforcement problems on Biscayne Boulevard and) have now had them -- you've got one of the few property owners that they'll tell you there's no Code violations on my property now. I did not go through any windows. We did put in a temporary air condition; it went through plywood, okay. We are looking to put new windows into the whole area. We maintained the property. Ninety-nine percent of the businesses on Biscayne Boulevard support us. A hundred percent of all of our neighbors around us support us, and William tells me that he's now changed his mind. And William, I apologize if there was a prostitute behind our building at 10 a.m. [sic] at night. I have a security guy there; he didn't see it. This is the first I've heard about it, and) believe the last time I saw you and your friend, you told me you guys like the market. But I guess after that experience, something seems to have changed. So what's happening now is I've had every Building Department, I've had every Code Enforcement, they don't -- the guy across the street from me has furniture and signs on the sidewalk; he's okay, but because it's Eric, Eric's being singled out, and I feel like I've been chained onto some -- I have to report to the HEP Board, I City of Miami Page 27 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 have to report to Ellen Uguccioni. I don't report to Teri D'Amico or to Nancy Liebman. And think Orlando is here, and Orlando will tell you that I've been there everyday trying to do the things right. I lost a tremendous amount of business during Art Basel, but to live up to my commitment to Orlando and to Commissioner Sarnoff and to the assistant of Pete Hernandez, I did not do anything outside during Art Basel in the last two weeks, with the exception of selling plants, giving away orange juice; andl gave away 80 Basel plants for Art Basel, but I didn't book one event. I didn't sell anything outside. Now Teri D'Amico makes a thing about Eric cooking on the property. Last weekend had the guy that sells flowers at my place wanted to make pastrami and Romanian sausages. You were there, weren't you, Bruce? Did we sell anything? Chair Sanchez: All right. Ms. Silverman: It was all invited people -- Chair Sanchez: Eric -- Mr. Silverman: -- and anybody that wanted to sit down. It wasn't something open to the public selling. It's a guy that made a barbeque for some friends. That, I think, is allowed on the property. We're not selling it. He's making it, wants us to taste it, gratis to us. So I think that the Code Enforcement and someone like Teri has taken the system -- has taken Code Enforcement away from important things that they should be doing. Ellen Uguccioni knows if she calls me, I'll be there that same day and try and fix any problem -- Chair Sanchez: Eric -- Mr. Silverman: -- that she would see. We've invited -- Chair Sanchez: In conclusion, Eric, on this ordinance. Mr. Silverman: In conclusion, we've invited Code En -- we've invited Historic to come and visit the property. They haven't visited. We've invited the NET (Neighborhood Enhancement Team) Office to come and visit the property. They haven't visited. We need a four to five vote today, okay, and we do have the majority of the community, the people; we have, I think, two residents here that lsee, three -- Chair Sanchez: Eric, why do you -- Mr. Silverman: Otherwise, we have over hundreds of people. Chair Sanchez: -- need a four fifth vote? Mr. Silverman: Because if we don't have the opportunity of having our vendors outside this weekend, we can't go on. We've had four weeks. And we lose a lot of business when we can't have it outside. And the only way that I could have it without the 30-day waiver right now is to get a four fifths vote. The last -- having it delayed last time -- Chair Sanchez: I don't think that's correct, Eric, but we'll let -- we'll explain that to you afterwards. Mr. Silverman: Commissioner -- Chair Sanchez: In conclusion. Mr. Silverman: -- Sarnoff -- right. City of Miami Page 28 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Chair Sanchez: We got to close up now. Mr. Silverman: In conclusion, what we're doing, I think, is very important to the MiMo district. We were one of the ones, together with Teri and everyone else, who started the area. We have a safe, clean establishment. We play by the rules. We respond immediately if we do something that we were not aware of in error, and sincerely hope that you see your way through that what we're doing is a strong contribution to the area and to the jobs and to the people that do have their businesses there as income. Thank you. Chair Sanchez: Thank you. All right, that concludes the public hearing, unless there's any questions? If not, we'll turn it over to district Commissioner on this PZ.5, on a second reading ordinance. Commissioner Sarnoff. I think everybody here wants to achieve eyes and ears on the street and wants to achieve a certain social network of people going up and down their neighborhoods and enjoying it. We certainly established that with Legion Park. We were met with a torrent of a lot of naysayers up there saying "How dare you take a city park. How dare you put a market up there." It's an extremely popular issue. As a matter of fact, we have to do an RFLI (Request for Letters of Interest) very shortly, and we have to maintain that park or that particular open-air market. Now with regard to this particular SD overlay, we went up to the MiMo District, we went up to everyone there on two occasions. At one time we had almost 100 people there, which is a lot of people for a homeowners association, so to speak; andl would say it was about 92 percent in favor. Now, no doubt, there had been no prior experience, but it was overwhelmingly in favor. Teri did come in and speak and she warned us of all the things that could and could not happen, and she was bitterly opposed to it. We did get a MiMo approval, subsequent to that, from their association. And there may be issues here that need to be worked on, but there might be a solution; and let me propose a solution to this by making an amendment to -- on the second reading. Maybe for the first year for the persons issued a permit, they're allowed to have one without going through this renovation. However, going into the second year, they must demonstrate in the second year, very beginning, that they have made significant improvements to the exterior appearance in order to bring the structure into a closer resemblance of its original appearance. They must obtain a certificate of appropriateness to obtain a -- under this section. The rehabilitated properties shall have completed improvements that include, but that are not limited to lighting, landscaping, painting, windows, doors, paving and parking areas, signage, and awnings or canopies; that we take the distance requirement of 1,500 feet out and that we reduce the square footage to 7,500 square feet, so you have at least some capacity to put this up. I also suggest that we put a two-year sunset in this so that in the event this doesn't work out, in two years it comes to an end. Nobody's going to claim any vested rights. Nobody's going to claim anything far and above. The alternative to this is -- I don't want anybody to think you're going to become the owner of this building. This is Mr. Silverman's building, and if you'd like to put him out of business, if you'd like to see the place go dark, it will go very dark; and suspect he will not be selling this overnight. I suspect he won't be selling it in six months, nine months; probably in two years, and maybe he will. But you know what? We should guard against the fact that he won't, and we should give him every opportunity that we can to let him succeed because opportunities are going to come far and few between in '09. You know, right now there's the talk of recession and it's scary. But when you go through '09, you'll be going through the recession. And where's the bottom? Does anybody really know where it is? So before we start taking away a person's ability to earn a living, let's try to marry that with giving him a leg up, giving him the opportunity, or anyone else out there, to get a year under his belt to see if this is feasible. If he finds out it's not feasible and it doesn't work, well then he doesn't have to go through the renovation and his permit is rejected. So he has one year of the permit. In the second year, he must demonstrate that he has rehabilitated the property. If everything goes wrong in two years, this SD overlay automatically sunsets. This Commission could sit here in 22 months and make some decisions as to whether we extend it, but oftentimes, we're brought to this City of Miami Page 29 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commission a certain perspective. I still remember about 80 to 90 people voting in favor of this. It isn't like we just went out there and said, "Hey, let's create a market." Now his market could be incredibly successful. It could be a great incubator for businesses. You have to balance that with the need and the requirement for him to maintain a historic structure. He bought it knowing it was a historic structure. But it isn't like if we say no here today, two months from now it becomes historic and renovated. I suspect that won't be the case, andl think anybody here fully well understands and knows it's not going to become renovated in six months if we turn around and turn this away. But if we work with him -- and maybe it's not workable -- but I would rather attempt to do something and fail than succeed at doing nothing, and that has been the way I have looked at the boulevard on Biscayne and the Upper Eastside completely. I would rather attempt to do something and fail than succeed at doing nothing. So I urge my Commissioners to allow the modifications as stated, give him an opportunity. There are two fail-safe mechanisms in this second reading. Obviously, the first fail-safe mechanism is in a year, if he doesn't show a rehabilitation, the permit goes away. He cannot renew the permit. What's the matter, Madam City --? Chair Sanchez: That's the second year. There's no -- Ms. Chiaro: This -- Chair Sanchez: -- the first year there is -- Ms. Chiaro: Before you go on -- Chair Sanchez: Yeah. Ms. Chiaro: -- this ordinance is not necessarily related to a structure or building. Commissioner Sarnoff. I understand. Vice Chair Spence -Jones: Right. Ms. Chiaro: And so in granting this special permit for a lot owner -- and then it doesn't just apply to one owner -- Vice Chair Spence -Jones: Yes. Commissioner Sarnoff. Right. Ms. Chiaro: -- and so in granting -- Commissioner Sarnoff. Any owner would have a one-year opportunity to get their open-air market going, and when they applied for the second year, they must demonstrate renovation. Ms. Chiaro: Even if it's a vacant lot because these permits are granted for vacant lots -- Ms. Slazyk: Exactly. Ms. Chiaro: -- or any area. Ms. Slazyk: But there's a way to word it to say when it's a vacant lot, these are the rules they have to follow. It's already in here. If there's a structure on the property, then they have one year this way and the second year, they have to show the significant improvement. Commissioner Sarnoff. As amended by Lourdes Slazyk. City of Miami Page 30 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Slazyk: Thank you. Chair Sanchez: But -- Ms. Slazyk: One quick thing -- one clarification I need to make in the record. When the Building Department approved -- andl know this is not about the Vagabond, but want it to be really clear so everybody understands. The temporary air conditioning situation, the other temporary things that were approved by Building were under a special event permit. Those things are not to code. They don't meet the Building Code as permanent solutions for this. In the first year, he doesn't have to do the significant improvements, but he has to bring it to Code. Those things can't stay even in the first year. In the second year, he'll be required to do a whole lot more, but in the first year, what was approved under special event is not up to code, and it will have to be corrected. Commissioner Sarnoff. Okay. Ms. Slazyk: I need -- I want to say that so that later on, nobody says they weren't told. Commissioner Sarnoff. You understand it? Well -- Ms. Slazyk: Okay. Commissioner Sarnoff. -- it's not directed towards anyone, as you would say. Vice Chair Spence -Jones: So it's -- Chair Sanchez: Vice Chair. Vice Chair Spence -Jones: -- so you are amending --? Chair Sanchez: Yes -- Commissioner Sarnoff. Right. Chair Sanchez: -- but he'll put the amendments -- they'll -- the City Clerk has written down the amendments that he's proffered, okay. (UNINTELLIGIBLE) one thing that we need to get clear on this, this is not the Eric Silverman ordinance. Vice Chair Spence -Jones: Yes. Chair Sanchez: We're not focused on him. However, the issues that have been brought out are valid issues, okay. This is a historic district. We ought to treat it like a historic district. There are some -- every time that you do an overlay, you have to have building controls and guidelines. I've learned that from 8th Street. We've learned from our mistakes. Along the way, you have to tighten up the loopholes and create an overlay that is compatible to what you want to accomplish. I always think that you have to have some type of element or concept to an overlay. Mine was the arts, but having said that, I think that now with the safeguards that the Commissioner has proffered, I think it improves the quality of life, which I think the residents are concerned with that -- with the quality of life. Now this is protected and enforced through a Class II Permit, correct? Lourdes, it is a Class II Permit, correct? Ms. Slazyk: Yes. Chair Sanchez: So an important factor of this is enforcement. If they failed to meet what they're City of Miami Page 31 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 doing, their permit will be pulled, simple as that. So I do like the sunset. I think two years is good. We could always bring it back up, you know, and vote on it again. But think now we're okay. The only concern that have here is the vacant lots. You got to be very careful with the vacant lots. If not, what you're going to turn out there in those vacant lots is going to be -- you'll have -- I guarantee, you'll have more residents coming out here and complaining because those vacant lots will turn into a flea market that does not sell dolls for $150, so be careful. At times I say sometimes it's not what you ask for; it's what you get, so you got to make sure you work with everybody to make sure that you do have a proper SD overlay that's going to benefit the area and going to benefit the residents. The changing of the 1,500 to 7,500 feet -- Commissioner Sarnoff. It's the critical massing of 15, 000 square feet to 7,500 square feet. Chair Sanchez: That is good. That is going to prevent a lot of cluster on that. So having said that, I think this is a good place to start. I think there's been compromise, and overall, I think it would improve the quality of life in that area pertaining to the amendments that have been made. Vice Chair Spence -Jones. Vice Chair Spence -Jones: Okay. So I'm assuming you're going to amend it, and then I'll second the amendment, right? Commissioner Sarnoff. Oh, I'm sorry. Yeah, I guess I have to renew -- Vice Chair Spence -Jones: Do I have to withdraw? Commissioner Sarnoff. -- my motion, as amended, and as stated by Lourdes Slazyk. Vice Chair Spence -Jones: Do I have to -- Madam Clerk, do I have to withdraw my second? Ms. Burns: No. Chair Sanchez: No. Vice Chair Spence -Jones: Okay. Ms. Burns: Do you accept -- Commissioner Sarnoff. You could accept. Ms. Burns: -- his amendments? Vice Chair Spence -Jones: Yes, I do -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- accept the amendments. Chair Sanchez: There's been a motion and a second. The second accepted the amendments that have been proffered by the district Commissioner. Vice Chair Spence -Jones: Okay. I just want to just add -- I just want to be clear. I got a yes from Historic Preservation, I got a yes from Lourdes, andl got a yes from Fran from that particular area that they're in support of the ordinance. It's absolutely nothing to do with Eric's -- whatever is going on or whatever you're doing there. Yes, it will tie into you eventually, but I just want to be clear that that's what came out of this discussion. The only thing that I would like to ask Mariano, if he can just answer one quick question for me because I guess this is -- the big City of Miami Page 32 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 issue is Code enforcement and how we're going to address it. Andl do understand what Commissioner Regalado stated earlier. Saturdays and Sundays -- you know, we have a skeleton kind of crew on Saturdays and Sundays. Mariano, when you say skeleton, how many -- about how many people do you --? Mariano Loret de Mola (Director, Code Enforcement): I got eight inspectors working on Saturdays -- Vice Chair Spence -Jones: Eight? Mr. Loret de Mola: -- for the whole City. Vice Chair Spence -Jones: Okay. So just -- because I know that I'm trying to create open markets and do the same -- similar thing because I do believe they stimulate the economy and they also give small businesses and entrepreneurs the opportunity to help their businesses grow. My question, though, is there any way that you can maybe investigate putting together maybe some sort of special taskforce that can address maybe, not just this issue, but other issues regarding special projects? Because I think that would also help -- you know, putting something like that in place, you know, will assist with addressing the issue of the concerns of the neighbors. Mr. Loret de Mola: Well, there is no question; I can do that. I mean, I can put it andl can monitor the place and will do it. Vice Chair Spence -Jones: Okay. Mr. Loret de Mola: But basically, the violations at this place, we wrote a violation on October 6, okay. It was for erection, construction and posting of a -- Vice Chair Spence -Jones: Okay. Right. Let -- Mr. Loret de Mola: -- sign without finalized permit. Vice Chair Spence -Jones: Mariano, what I -- let's remove Vagabond out of the equation. I'm saying for this new ordinance that's coming in place. Mr. Loret de Mola: Oh, for the unit, yes. Vice Chair Spence -Jones: Maybe perhaps one of the things we need to look at, Mr. Manager, is coming up with some sort of special taskforce that can address these special events based -type projects, you know, that are coming up, open-air markets, to begin to address it as it becomes a problem. I just don't want us to walk away saying you got eight people that are going to work the whole city and we know that that's not going to happen. Mr. Loret de Mola: No. Vice Chair Spence -Jones: So, is that something that you can investigate -- Mr. Loret de Mola: Yes. I will (UNINTELLIGIBLE). Vice Chair Spence -Jones: -- Mr. Manager? Maybe there are some things that we can shift to put together a taskforce just to kind of address these type of issues. Pedro G. Hernandez (City Manager): Yes, Commissioner, we'll look into that -- City of Miami Page 33 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Vice Chair Spence -Jones: Okay. Mr. Hernandez: -- to provide the -- Vice Chair Spence -Jones: Thankyou. Thankyou, Mariano. Mr. Loret de Mola: You're welcome. Vice Chair Spence -Jones: So we had a motion and a second and we're done on this item, right? Chair Sanchez: All right, as amended, there's a motion and a second. Hearing no further discussion on the item, Madam Clerk, do you have the amendments? All right. Read the ordinance into the record, as amended. Ms. Chiaro: I have a question to ask the Commission prior to reading it. Right now the ordinance is set out as having a 30-day effective date. There was some discussion from the presenters about an effective date. Do you want to change the effective date? Commissioner Sarnoff. Can we do that? Chair Sanchez: It would have to be a -- Ms. Chiaro: You can make it an immediate effective date. Commissioner Sarnoff. If there's a four -fifths vote, is that --? Ms. Chiaro: No. Chair Sanchez: No. Ms. Chiaro: You can make it an immediate effective date -- Commissioner Sarnoff. Let me tender that as a modi -- as an amendment and see if the -- Ms. Chiaro: As an additional amendment. Commissioner Sarnoff. -- seconder accepts it. Vice Chair Spence -Jones: I accept it. Chair Sanchez: All right. The second -- the maker of the -- the second accepts the amendment. All right. Ms. Chiaro: Read the ordinance? Chair Sanchez: Yes. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: All right, an immediate effective date. Okay, roll call. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. City of Miami Page 34 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Burns: This item has been adopted, 5/0, as modified Chair Sanchez: Mariano, could you have one of your eight inspectors be out there this weekend? Mr. Hernandez: Mr. Chairman, I don't know whether he can actually open this weekend because he needs to process a Class II -- Vice Chair Spence -Jones: Yeah. Chair Sanchez: Oh, that's right. Mr. Hernandez: -- and we also have to satisfy -- Chair Sanchez: He -- yeah. Mr. Hernandez: -- the building requirements. Chair Sanchez: Okay. He's got to go through a Class II There's nothing we could do there. All right. Well, hey, listen, we got to go on. We got other -- we have a voluminous agenda and this one, although important, it took some time. All right, let's move on -- Mr. Hernandez: Mr. Chairman. Chair Sanchez: -- to the next item -- Mr. Hernandez: Mr. Chairman. Chair Sanchez: -- which is PZ.5. Ms. Slazyk: No, no, no, no, no. What the Commission just passed right now was an ordinance that says for you to make this a permanent thing so you don't have to keep coming special -- coming and getting special event permits. You have to pull a Class II, and that's going to cover you for a whole year. You're allowed two special events on a property within a year, up to two weeks apiece, which you did, unless the City Commission authorizes another two. If the City Commission authorizes another two, there's possibly a way that he can get another two Class I's while he's getting his Class II so that he can open this weekend, but that the Commission has to authorize. Commissioner Sarnoff. Let me make a motion to extend another two Class I permits to Eric Silverman. Commissioner Gonzalez: Second. Chair Sanchez: Okay. Mr. Silverman: I just have to ask a question because I -- Chair Sanchez: All you can say -- Ms. Burns: Sorry; we -- Chair Sanchez: -- is thank you. Commissioner Sarnoff. So, really, you should just -- City of Miami Page 35 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Silverman: Has to be a (INAUDIBLE). Ms. Burns: We need you to the record on the microphone. Chair Sanchez: Eric. Mr. Silverman: Thank you very much for the accommodation. I'm just trying to -- I'm a little bit confused. I was explained, I thought, through my Commissioner that the four to five vote would allow us to continue. If I do the Class II, I have to do a mailing, do I not again? And there won't be any way to get the mailing done between now and Saturday. Ms. Slazyk: The -- Commissioner Sarnoff.. Eric, let's clam the record. Ms. Slazyk: I could explain. Commissioner Sarnoff.. Your Commissioner -- I'm assuming you're talking about me -- never told you there was a four fifths vote. Mr. Silverman: I'm sorry. I believe I got that possibly from someone in your office. I apologize ifI assumed it was you. Chair Sanchez: All right. Ms. Slazyk: What the Commission -- Mr. Silverman: But -- Ms. Slazyk: -- could do is give him four special events instead of two, and maybe you understood that -- you still -- you can get two more Class I's now to get another four weekends while you're getting your Class II Mr. Silverman: Right. But ifI do the Class I, I would have to -- Ms. Slazyk: You still have to do your notice. Mr. Silverman: -- do the mailing -- Ms. Slazyk: Yes, you do. Mr. Silverman: -- and -- which I've done to everyone already twice. Ms. Slazyk: You have to do it again. Mr. Silverman: I'd have to do a mailing again before I could get it, and without the Commission making some kind of exception -- Ms. Slazyk: No. Mr. Silverman: -- legally -- Chair Sanchez: No, no, no, no, no. City of Miami Page 36 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Slazyk: No, they don't have to do an exception. If you do the mailing tomorrow and you do a hold harmless, you could still have your event, but you have to -- Mr. Silverman: Okay. Ms. Slazyk: -- do it quickly. Chair Sanchez: All right. Let's -- Mr. Silverman: Thank you very much. Chair Sanchez: Thank you. You're quite welcomed. There's been a motion and a second to extend or give two first-class -- Ms. Slazyk: Two ClassI's. Chair Sanchez: -- Class I first-class tickets to Hawaii. That's what I'm looking for, okay? Mr. Silverman: Thank you. Chair Sanchez: Because it's been a long day. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations. Happy holidays to each and every one of you, all right. PZ.6 08-01109zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED "DEFINITIONS," AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC SPECIALTY DISTRICT, WAIVING DISTANCE EXEMPTIONS FOR ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 1- 08-01109zt- MIMO- Map.pdf 08-01109zt Attachment A.pdf 08-01109zt CC Legislation (Version 2).pdf 08-01109zt CC SR 12-11-08 Fact Sheet.pdf 08-01009zt-Submittal-PZ.6 Document.pdf LOCATION: Between NE 50th Street and NE 77th Street on the East and West Side of Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. City of Miami Page 37 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 PURPOSE: This will waive distance exemptions for establishments serving alcoholic beverages within the MIMO District. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 13047 Chair Sanchez: Let's move on to the next item, which pertains to also -- Commissioner Gonzalez: PZ. 6. Chair Sanchez: Yeah. Ellen Uguccioni: Thank you, Mr. Chairman. Ellen Uguccioni, Preservation Officer. This is amending Chapter 4 of the City Code to waive the distance requirements for liquor licenses within the MiMo (Miami Modern) Biscayne Boulevard Historic District. This is second reading. Chair Sanchez: All right. This is on second reading. We need a motion and a second. Commissioner Sarnoff. So moved, but I'm a little bit concerned because -- Chair Sanchez: Okay. Commissioner Sarnoff. -- what was handed to me -- Chair Sanchez: All right. Wait, wait, wait, wait. Commissioner Sarnoff. So moved. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion and a second. Before we open it up for discussion to hear your concerns on the second reading of this ordinance, is there anyone from the public wishing to address this item? It's on second reading. I would appreciate it if you would hold back from -- okay, unless you really have something you want to say? Okay. So the public hearing is opened and closed. Thank you. All right. Go ahead, Commissioner. Commissioner Sarnoff. I'm -- having spoken to Nancy, I just want to make sure that we have the right -- all right, we do have it now. Now, it is right. All right. So the only amendment that's been made to this is it will include noncontributing structures. That is the only amendment to this. And instead of belaboring the point, good luck, Godspeed, and let's pass this. Chair Sanchez: But there's a condition there where there -- it's through privileges where they have to improve and enhance the property, correct? Commissioner Sarnoff. Absolute -- yeah, that -- I'm sorry. I assumed there -- Chair Sanchez: That stays there. Unidentified Speaker: It's in there. Chair Sanchez: Okay. City of Miami Page 38 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. Yes. Chair Sanchez: Now, let me tell you. Just because you get this, it's 100 to $120,000 to get a liquor license, okay. Because listen -- Commissioner Sarnoff. That's not the one. Chair Sanchez: -- we started this in 8th Street. There's still a lot of people that, first, they can't afford to get a liquor license, which is about 100 to 120, 000. There's two more items on the agenda today adding other overlays in the City ofMiami, which you need to be very careful, but at least it opens up the avenues for those businesses who could afford to get their liquor license to come in and enhance the area. Why? Because these individuals are wealthy; they buy the property, they open up their business, and then they're able to invest in the business; and that allows you, as I say, to grow and enhance in an area that needs it. And am sure, with time, it'll be one of the tourist attractions in the City ofMiami, which is the Upper Eastside. So I just wanted you to know that. Commissioner Sarnoff. Well, I'm not sure -- just -- they're getting a 4-COP-SRX. Unidentified Speaker: Just for restaurants. Commissioner Sarnoff. Just a 4-COP. That's not $100, 000 license. That's a 1,800 to $2, 000 license. Chair Sanchez: Well, I think you need -- a full liquor license is about -- Lourdes Slazyk (Zoning Administrator): A 4-COP-- Chair Sanchez: -- 100 to 120, 000. I speak from experience. Ms. Slazyk: Yes. Commissioner Sarnoff. Okay. Ms. Slazyk: There are two types that restaurants can use, a 4-COP -- Commissioner Sarnoff. Right. Ms. Slazyk: -- and the 4-COP-SRX. The SRX is the cheaper one, but that one you have to have 200 seats, 4,000 square feet; the bonafide restaurant; the State will monitor your receipts, all of that. What this ordinance does is remove the distance requirements for the 4-COPs so that you could put them in a smaller restaurants that doesn't meet the State requirements for the SRX. Chair Sanchez: Or you could go wine and beer. Ms. Slazyk: Wine and beer. Start wine and beer until you can afford that bigger license. When you can, the distance requirements will be reduced. Commissioner Sarnoff. And this -- Chair Sanchez: Which runs around $2, 000, correct? Ms. Slazyk: Exactly. City ofMiami Page 39 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. -- has a 60 percent food requirement? Ms. Slazyk: There is -- by -- in the -- in that same section of the City Code, there is special requirements for the restaurants, which requires a 60/40, 60 percent food, 40 percent alcohol. You know, I think the State is a 49/51, but we can be stricter than the State, and we choose to be 60/40. Commissioner Sarnoff. Are we stricter throughout the City at 60/40 or is it just this district? Ms. Slazyk: No. The City. Chair Sanchez: The City. Ms. Slazyk: It's -- Commissioner Sarnoff. So if others in the City have told me that you need 51/49, that would not -- they would not be reading our Code; they'd be reading the State Statute? Ms. Slazyk: I think so. That -- maybe George can help us. I think so. Commissioner Sarnoff. So predominantly, then, or exclusively, in the City ofMiami, if you're going to have an ancillary use of liquor, it's always going to have a 60 percent food requirement? Ms. Slazyk: Under our restaurant section -- Commissioner Sarnoff. Correct. Ms. Slazyk: -- yes, but if you're a bar, you don't have that. You can have food in a bar -- Commissioner Sarnoff. Right. Ms. Slazyk: -- and you're fine. Commissioner Sarnoff. And -- right. Ms. Slazyk: Exactly. Commissioner Sarnoff. I said as an ancillary use. Ms. Slazyk: Yeah. Commissioner Sarnoff. Andl think that's something everybody should know. Nobody is just sticking liquor joints -- I think that's the right word, so to speak -- out on MiMo, and what you're doing is you're creating an ancillary use to an existing -- well, to a restaurant -- Ms. Slazyk: Restaurant. Commissioner Sarnoff. -- and hopefully, enticing more restaurants to go. Ms. Slazyk: Right. Commissioner Sarnoff. And l just want to make it very clear because I've been criticized in the past about my stance on liquor. I'm not opposed to having an ancillary use of liquor. It is the exclusive use of liquor that can become problematic. City ofMiami Page 40 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Slazyk: Well, SD-9 does not even allow a bar use. It's a prohibited use in SD-9, so this liquor is only for restaurants. Chair Sanchez: All right. We -- do we -- okay. So I think we're ready to vote on the issue. It is an ordinance on second reading. Read the ordinance into the record, followed by a roll call. Maria J. Chiaro (Deputy City Attorney): And this is an ordinance different than the one that was included in the packet because it applies to rehabilitated buildings. It is the -- Commissioner Sarnoff Right, contributing, noncontrib -- Ms. Chiaro: -- both contributing and noncontributing buildings. Chair Sanchez: Yes. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted on second reading, as amended, 4/0. PZ.7 08-01317zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION RE-ENACTING AND AMENDING ZONING ORDINANCE 11000: (1) ARTICLE 4, ENTITLED "ZONING DISTRICTS", MORE SPECIFICALLY, SECTION 401, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", TO RECLASSIFY "ADULT ENTERTAINMENT" AS A "PERMITTED PRINCIPAL USE"; (2) ARTICLE 9, ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS", MORE SPECIFICALLY, SECTION 937, ENTITLED "ADULT ENTERTAINMENT OR ADULT SERVICES", TO PROVIDE FOR ADDITIONAL LEGISLATIVE INTENT, AND TO SPECIFY THE PREENACTMENT EVIDENCE ON WHICH THE CITY COMMISSION RELIED TO CONCLUDE THAT THE RESTRICTIONS ON ADULT ENTERTAINMENT WITHIN THIS ORDINANCE FURTHER THE CITY'S INTEREST IN REDUCING THE SECONDARY EFFECTS; AND (3) ARTICLE 25, ENTITLED "DEFINITIONS", MORE SPECIFICALLY SECTION 2502, ENTITLED "SPECIFIC DEFINITIONS", IN ORDER TO AMEND THE DEFINITION OF "ADULT ENTERTAINMENT OR SERVICE ESTABLISHMENT; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-01025zt PAB Resos.pdf 08-01317zt CC Legislation (Version 1).pdf 08-01317zt Composite Exhibit A.pdf 08-01317zt CC SR 12-11-08 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): City of Miami Page 41 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 17, 2008 by a vote of 8-0. The Board also recommended by a vote of 8-0 that the Department of Zoning, with advice from the Office of the City Attorney explore avenues in other parts of the country that may not allow the granting of certificates of use to existing legal non -conforming adult entertainment establishments in the City when these non -conforming uses change hands in areas not zoned industrial. PURPOSE: This will add specific legislative intent setting forth relevant preenactment evidence in support of the zoning restrictions on adult entertainment or adult service establishments and reclassify adult entertainment as a permitted principal use. NOTE: File ID 08-01025zt is related to this item and was adopted with modifications as an emergency ordinance on September 27, 2008. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado 13048 Commissioner Gonzalez: PZ.7. Maria J. Chiaro (Deputy City Attorney): PZ.7 is an ordinance that is before you on second reading. It relates to adult entertainment uses and the legislative intent. It's a re-enactment of that which you previously enacted as an emergency. This ordinance needed to be enacted as a regular zoning item and that is two readings. It is here before you on second reading. Vice Chair Spence -Jones: All right, so do we have a motion on this item? Do we have a motion on --? Pamela E. Burns (Assistant City Clerk): No, we do not. Vice Chair Spence -Jones: Are you chairing? Commissioner Gonzalez: Oh, he passed the gavel to you; I didn't see him. Vice Chair Spence -Jones: Okay. Do we have a motion on this item? Commissioner Gonzalez: No. Commissioner Sarnoff. So moved. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Okay. All in favor? Ms. Chiaro: I need to -- Commissioner Sarnoff. I think it's -- Ms. Chiaro: -- read the ordinance. City of Miami Page 42 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. -- an ordinance. Commissioner Gonzalez: It's an ordinance. Vice Chair Spence -Jones: Oh, yeah. Ms. Burns: Madam Vice Chair, this is -- we also need a public hearing. Vice Chair Spence -Jones: Okay. Are there any comments on -- from the public on PZ -- Commissioner Gonzalez: 7. Vice Chair Spence -Jones: -- 7? All right, we've opened up to the public, and we're bringing it back to the City Commission. We had a motion and a second. This is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Commissioner Gonzalez: Roll call. Vice Chair Spence -Jones: Roll call. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted on second reading, 3/0. PZ.8 07-00793Iu ORDINANCE Pending the EAR. First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 411 AND 421 NORTHEAST 61ST STREET, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-007931u Analysis.pdf 07-007931u Land Use Map.pdf 07-007931u & 07-00793zc Aerial Map.pdf 07-007931u PAB Reso.PDF 07-007931u Application & Supporting Docs.pdf 07-007931u CC Legislation (Version 2).pdf 07-007931u & 07-00793zc Exhibit A.pdf 07-007931u CC FR 12-11-08 Fact Sheet.pdf 07-007931u-Submittal-Drawing. pdf LOCATION: Approximately 411 and 421 NE 61st Street [Commissioner Michelle Spence -Jones - District 5] City of Miami Page 43 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 APPLICANT(S): James Robert Robinson and John Assalone, Managers, on behalf of Lemon City Prop., LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 19, 2007 by a vote of 7-0. See companion File ID 07-00793zc. PURPOSE: This will change the above properties to General Commercial. Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Vice Chair Spence -Jones: Okay. We're going to move on to item number PZ.8. Staff. Commissioner Gonzalez: PZ.8. Roberto Lavernia (Chief of Land Development, Planning Department): Good afternoon. Vice Chair Spence -Jones: You're recognized. Mr. Lavernia: For the record, Roberto Lavernia, with the Planning Department. PZ.8 and PZ. 9 are companion items; 8 is the land use change and 9 is the zoning change for a property at 411 Northeast 61 st Street and 421 Northeast 61 st Street. The change is from restrictive commercial to general commercial. The Planning Department is recommending denial in both cases. I just want to refer you to the map that you have in your package. That property that you see designated restrictive commercial in there is in front of the park with a library and have in the corner like a little supermarket, which have services intended for the residential area that are east of this property. We consider that this is a -- an inclusion of more uses allowed by the general commercial designation that we prefer to have the buffer of restricted commercial in the corner. That's why we're recommending denial. The Planning Advisory Board also recommend denial, and the Zoning Board recommend approval of the item. Thank you. Commissioner Sarnoff. All right. Do we have a motion? Vice Chair Spence -Jones: Yes. I have -- can I hear from the --? Pamela E. Burns (Assistant City Clerk): We do not have a motion at this time. Commissioner Sarnoff. Should -- let's have a motion first. Vice Chair Spence -Jones: Okay, I'd like to move this item. Commissioner Sarnoff. We have a second? Commissioner Gonzalez: Second. Commissioner Sarnoff. All right. For discussion. Public hearing? Vice Chair Spence -Jones: Yes. Commissioner Sarnoff. Here we go, sir. City of Miami Page 44 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 John Assalone: John Assalone. I'm the owner of the property, and basically, it's -- if you can see everything along the north corridor of that property is a C-2. Everything we touch is C-2. Everything behind it is industrial. The park is across the street. The street is a buffer to that. And even in the park, that one area there is just used as overflow parking for the library. It's not evening a park per se where the kids actually play at. And the land has been vacant for over twenty -odd years and we're just asking -- I have a rendering of our warehouse that we'd like to put on the property. Vice Chair Spence -Jones: Do you need to give it to the Clerk first? Mr. Assalone: I'm sorry? Vice Chair Spence -Jones: Do you need -- does it need to be turned in to the Clerk? Commissioner Sarnoff. Are you handing that out for all of us to see? Just make sure the Clerk marks it, and then she can send it around to us, unless you have extra copies. Mr. Assalone: As you know, it's in your district, Ms. Jones -- Spence -Jones, and we're trying to bring something back. That place has been vacant for over twenty -some odd years, and I really don't see -- especially everything for the next 19 blocks on that corridor is all C-2, so -- Vice Chair Spence -Jones: And support that 100 percent. Mr. Assalone: Excuse me? Vice Chair Spence -Jones: I support that 100 percent. Mr. Assalone: Okay, thank you. Vice Chair Spence -Jones: Any other comments from the public? Bob Powers: Yeah. Bob Powers. I'm the president of the Palm Grove Neighborhood Association which this is in. The only thing that was going to originally go there was going to be a multi -use property that was, at one point in time, going to be -- contain housing units. The only thingl would just tell you guys not to do is not to hem him in, as far as being able to eventually, at another date and time, go up another couple stories and put living units above that. As that area starts to change, because that's -- right in front of that is all R-3. Vice Chair Spence -Jones: I know exactly where it is. Mr. Powers: Yeah, you -- I know you know it. So I mean, eventually -- Vice Chair Spence -Jones: I'm very familiar with it, andl know what's on the other side of it too, SO -- Mr. Powers: Yeah, that's all industrial. Vice Chair Spence -Jones: Right. Mr. Powers: Right. Vice Chair Spence -Jones: Right. Mr. Powers: Yeah. So, I mean -- City of Miami Page 45 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Vice Chair Spence -Jones: Behind it and on the side of there -- on the side of there is warehouses, so I support this 100 percent. Mr. Powers: So do we. Vice Chair Spence -Jones: So we'll -- Mr. Powers: We just want to make sure that you don't change the zoning so that he can't put residential units in at a later date and time above it. Vice Chair Spence -Jones: Okay. Well -- Mr. Assalone: That's -- I mean, I was -- that property -- Mr. Powers: Because that was originally what they were going to do there, you know. Mr. Assalone: Well, that was me. Mr. Powers: Oh, okay. Mr. Assalone: It was me, andl designed it and -- but it wouldn't fly. Nobody was interested in having their residence -- Mr. Powers: All right, great. Mr. Assalone: -- there -- Vice Chair Spence -Jones: Right next to it and -- Mr. Assalone: -- so we ended up going with this. Mr. Powers: We're fine. Thank you. Mr. Lavernia: Residential is allowed today by right with the designation that they have. With the designation that they are asking, it's only allowed by a special exception. Vice Chair Spence -Jones: Okay, that's fine. But he's fine with that. Mr. Assalone: Yes, that's fine. Vice Chair Spence -Jones: So we had a -- I'm sorry. Commissioner Sarnoff. All right, any further public hearing on this? Anyone else wishing to speak? Our public hearing is closed; comes back to the Commissioner. The district Commissioner is Vice Chair Spence -Jones. Vice Chair Spence -Jones: I support it. Mr. Assalone: Thank you. Vice Chair Spence -Jones: I've already voted yes, andl had a second, I believe. I moved it. Commissioner Sarnoff. Anyone else wish to speak? All right, Madam City Attorney, why don't you read the ordinance in? City of Miami Page 46 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Maria J. Chiaro (Deputy City Attorney): And while you described a zoning change, both the -- this item that I just read is the land use change that's necessary before you consider the zoning change. Commissioner Gonzalez: Roll call. Vice Chair Spence -Jones: Roll -- Commissioner Sarnoff. Roll call. Ms. Burns: Roll call on PZ.8. A roll call was taken, the result of which is stated above. Ms. Burns: This item has passed on first reading, 4/0. PZ.9 07-00793zc ORDINANCE Pending the EAR. First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 411 AND 421 NORTHEAST 61ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00793zc Analysis.PDF 07-00793zc Zoning Map.pdf 07-00793zc Aerial Map.pdf 07-00793zc Application & Supporting Docs.PDF 07-00793zc Warranty Deed Page 2 of 2.pdf 07-00793zc ZB Reso.PDF 07-00793zc CC Legislation (Version 2).pdf 07-007931u & 07-00793zc Exhibit A.pdf 07-00793zc CC FR 12-11-08 Fact Sheet.pdf LOCATION: Approximately 411 and 421 NE 61st Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): James Robert Robinson and John Assalone, Managers, on behalf of Lemon City Prop., LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on September 8, 2008 by a vote of 5-1. See companion File ID 07-007931u. PURPOSE: This will change the above properties to C-2 Liberal Commercial. City of Miami Page 47 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Commissioner Gonzalez: PZ.10, companion. Commissioner Sarnoff. All right. Sorry. John Assalone: That's it? Thank you so much. Commissioner Sarnoff. PZ. 9. Vice Chair Spence -Jones: PZ.9. Commissioner Sarnoff. Is PZ.9 a companion to this? Maria J. Chiaro (Deputy City Attorney): PZ.9 is a companion item. Commissioner Sarnoff. Okay. So why don't you --? Let's see, what do we need? PZ.9. Commissioner Gonzalez: Need a motion. Vice Chair Spence -Jones: Staff. Commissioner Sarnoff. You want to just give us a brief description? Roberto Lavernia (Chief of Land Development, Planning Department): I just present both items. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. Oh, you did. Okay. Give us -- Vice Chair Spence -Jones: So moved. Commissioner Sarnoff. There you go. Commissioner Gonzalez: Second. Commissioner Sarnoff. We got a first and a second. Anybody got a third? Commissioner Regalado: Close the public hearing. Commissioner Sarnoff. Open public hearing. You want to speak, sir? Mr. Assalone: Not -- Commissioner Sarnoff. Anybody else wish to speak on this item? Public hearing is now closed; comes back to the district Commissioner. Vice Chair Spence -Jones: I support the item. I've already moved it. Commissioner Sarnoff. All right. Madam City Attorney, roll call [sic]. Sony; read the -- The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. City of Miami Page 48 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. All right, roll call. Ms. Burns: Roll call on PZ.9. A roll call was taken, the result of which is stated above. Ms. Burns: This item has passed on first reading, 4/0. Mr. Assalone: Thank you. PZ.10 07-00797Iu ORDINANCE Pending the EAR. First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 826, 832 AND 844 SOUTHWEST 5TH AVENUE; 513, 515, 517, 519, 521, 531, 541, 551, 561 AND 571 SOUTHWEST 9TH 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. 07-007971u Land Use Map.pdf 07-007971u Aerial Map.pdf 07-007971u PAB Resos.PDF 07-007971u CC Analysis.pdf 07-007971u CC Application & Supporting Docs.pdf 07-007971u CC Legislation (Version 2).pdf 07-007971u & 07-00797zc Exhibit A.pdf 07-007971u CC FR 12-11-08 Fact Sheet.pdf 07-007971u-Submittal-Exhibit Booklet.pdf LOCATION: Approximately 826, 832 and 844 SW 5th Avenue and 513, 515, 517, 519, 521, 531, 541, 551, 561 and 571 SW 9th Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Brickell Square, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on July 16, 2008 by a vote of 7-2. Also recommended by a vote of 6-3 that if the City Commission is inclined to approve the Major Use Special Permit (MUSP), including the Land Use Change with a specific set of plans with no commercial intrusion into the residential area (as approved in the plans for MUSP 07-00797mu), the Planning Advisory Board has no objection to the approval of the Land Use Change. See companion File ID 07-00797zc. PURPOSE: This will change the above properties to Restricted Commercial for City of Miami Page 49 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 the proposed La Quinta & La Ocho Major Use Special Permit. Motion by Commissioner Sarnoff, 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 Commissioner Sarnoff. All right, PZ.10. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.10 andPZ.11 are companion items, land use and zoning change, and the land use is going to be represented by Harold Ruck. Commissioner Sarnoff. Do I have a motion? Commissioner Gonzalez: So moved. Harold Ruck (Planner II): All right. Harold Ruck, with the Planning Department. And this PZ.10 is on first reading. This is for consideration of an ordinance amending the Miami Comprehensive Neighborhood Plan by amending the future land use map for properties located at approximately 826, 832 and 844 Southwest 5th Avenue and 513, 515, 517, 519, 521, 531, 541, 551, 561 and 571 Southwest 9th Street from medium -density multifamily residential to restricted commercial. The Planning Department recommended denial. Planning Advisory Board recommended denial on July 16 of '08; however, they also recommended by vote, 6/3, that if the Commission is inclined to approve the Major Use Special Permit, including the land use change with a special -- excuse me -- specific set of plans with no commercial intrusion into the residential area, the Planning Advisory Board has no objection to the approval of the land use change. Thank you. Mr. Lavernia: Mr. Chairman. Chair Sanchez: Yes, sir. Mr. Lavernia: PZ. 11 is the zoning change, companion item of the same item. Chair Sanchez: Yeah, it's a companion item. Mr. Lavernia: In this case, I -- the Planning Department is also recommending denial. I just want to put on the record that for second reading, you will be having in front of you the Major Use Special Permit -- Chair Sanchez: The MUSP (Major Use Special Permit). Mr. Lavernia: -- for those permit. Chair Sanchez: So -- Mr. Lavernia: The applicant has been working with us within the plans, and the applicant is willing to offer a second reading covenant attaching themselves to that set of plan that we have been working on. If that is the case, the Planning Department have no rejection. Chair Sanchez: All right. So, in other words, why don't you say it's a soft denial? Mr. Lavernia: If the project that we're going to see is specifically like this, we have no objection to the land use and zoning change. City of Miami Page 50 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Chair Sanchez: And that we'll find out when we have the MUSP in front of us? Mr. Lavernia: Yes, sir. Chair Sanchez: Okay. Ben Fernandez: Okay. Good evening, Mr. Chair, members of the Commission. Ben Fernandez, 200 South Biscayne Boulevard, on behalf of Brickell Square, T,T C (Limited Liability Company). With me this evening is Marice Chael and Anthony Garcia of Chael Cooper & Associates. Chael Cooper & Associates is a firm that specializes in new urbanist -types of projects. They are affiliated with Dover Kohl & Partners, a firm that does many municipal new urban projects, including our own City ofMiami Biscayne Boulevard Redevelopment Plan. This project, in particular, has been designed by Marice with new urban principles in mind that are very consistent with the principles ofMiami 21; and the project is a new urbanist project, but the architecture is traditional in style. It borrows loosely from some classical buildings in Havana and Marice can explain that to you a little bit more in detail in a few moments. As the first architecturally -significant project in East Little Havana, I think it's going to be important in bridging this part of East Little Havana that has not been included in the artistic area, the Viernes Culturales area. It's sort of a gap between Little Havana and West Brickell. This project is going to be bridging that gap, I believe. And because of its location, its proximity to 1-95, both the on -ramp and off -ramp to 1-95, it really is very well situated to accommodate both the amount of residential and amount of commercial development that we're proposing. We're here asking you for a land use change for the parcels that are on the backside of this property, between 5th Avenue and 6th Avenue. This is currently developed with nonconforming apartment buildings that really don't have any parking or sufficient amounts of parking so what you have is cars parking on the street because there isn't adequate parking. By rezoning those parcels and changing the land use for those parcels, we will be able to provide a structured parking solution that will essentially allow us to replace the existing housing stock along Southwest 9th Street, and at the same time, park all of those units efficiently. The project is approximately 229 residential units. We're providing more than the amount of required parking, 495 parking spaces, with 21,000 -- 183,000 square feet of retail. The exhibit books that I've passed around show you the condition of the property today. Essentially, you've got a nondescript grocery store there that is perpendicular to Southwest 8th Street, so it's not pedestrian friendly in the least bit. It's essentially a surface parking lot, which is not what we'd want along Southwest 8th Street. This is going to change that entirely, make it more pedestrian friendly. And for those reasons, we think that it's a good project; should be approved. It's going to be compatible with the surrounding area because the backend of the project is a maximum of 50 feet in height, which is compatible with the R-3 zoning that you have to the south of Southwest 8th Street. In fact, you've got existing projects there already that are three stories in height. Chair Sanchez: Counsel, on 9th Street, is that an R-3 or R-4? Mr. Fernandez: It's an R-3. Chair Sanchez: R-3. Mr. Fernandez: It's all R-3 essentially up to about 11 th Street. Chair Sanchez: There's what, four of them? Four 3 -- Mr. Fernandez: There are four apartment buildings there, but without any parking. Chair Sanchez: Listen, I -- the only problem that I foresee is -- it's not even a problem; it's a concern. It's the same concern that PAB (Planning Advisory Board) had, which clearly states that when the MUSP (Major Use Special Permit) comes back, you know, we've got to do City ofMiami Page 51 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 everything within our power; andl see -- from just seeing this, not the MUSP, is that it prevents commercial intrusion into a residential area on 9th Street, which, looking at that, you know, it does not, so -- Mr. Fernandez: It does not. All the commercial's going to be on 8th Street. It's just the parking -- the structured parking that isn't allowed under the current zoning that we would be putting onto the rear lots, essentially. Chair Sanchez: All right, so if -- either I could pass the gavel or someone could -- somebody could make a motion on first reading? Commissioner Sarnoff. So moved. Commissioner Gonzalez: Second. Chair Sanchez: All right, there's a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. It is a public hearing. It is on first reading. This item will come back to us on second reading where we will see the MUSP, and then we could address the issues pertaining to the zoning. All right, anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, hearing no one, the public hearing is closed; coming back to the Commission. Hearing no further discussion, read the ordinance into the first -- read the ordinance on first reading into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call on PZ.10. A roll call was taken, the result of which is stated above. Ms. Burns: This item has passed on first reading, 5/0. PZ.11 07-00797zc ORDINANCE First Reading Pending the EAR. AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 37, 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 PROPERTIES LOCATED AT APPROXIMATELY 826, 832 AND 844 SOUTHWEST 5TH AVENUE AND 513, 515, 517, 519, 521, 531, 541, 551, 561 AND 571 SOUTHWEST 9TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 52 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 07-00797zc Zoning Map.pdf 07-00797zc Aerial Map.pdf 07-00797zc ZB Reso.PDF 07-00797zc CC Analysis.pdf 07-00797zc CC Application & Supporting Docs.pdf 07-00797zc CC Legislation (Version 2).pdf 07-007971u & 07-00797zc Exhibit A.pdf 07-00797zc CC FR 12-11-08 Fact Sheet.pdf 07-00797zc-Submittal-Exhi bit Booklet.pdf LOCATION: Approximately 826, 832 and 844 SW 5th Avenue and 513, 515, 517, 519, 521, 531, 541, 551, 561 and 571 SW 9th Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Brickell Square, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on February 25, 2008 by a vote of 6-3. See companion File ID 07-007971u. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-25 SW 8th Street Special Overlay District for the proposed La Quinta & La Ocho Major Use Special Permit. 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: All right. We go to -- it's got a companion item, right, PZ.11 ? Maria J. Chiaro (Deputy City Attorney): PZ.11 is the -- Chair Sanchez: Yeah. Ms. Chiaro: -- zoning change. Chair Sanchez: Huh? Ms. Chiaro: PZ.11 is the zoning change, a companion item. Commissioner Gonzalez: Move it. Chair Sanchez: All right. Wait. Commissioner Sarnoff. Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, it's second by Commissioner Sarnoff, reference an ordinance on first reading; and this is the changing of the above property to C-1 restricted commercial with SD-25th [sic] Southwest 8th Street special overlay district for the proposed La Quinta on 8th Street, on Calle Ocho. All right, anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. Hearing no discussion on the item, read the ordinance City of Miami Page 53 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 for the record on first reading, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call on PZ.11. A roll call was taken, the result of which is stated above. Ms. Burns: This item has passed on first reading, 5/0. Chair Sanchez: When will we foresee construction? Ben Fernandez: Not for a couple of years. That's for sure. Chair Sanchez: Okay. I just wanted to know. Mr. Fernandez: Yeah. Chair Sanchez: I wanted to hear that from you. Mr. Fernandez: Yeah. Chair Sanchez: All right. Okay. PZ.12 08-01329zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING CHAPTER 4, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED "DEFINITIONS," AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE OSUN'S VILLAGE CULTURAL SPECIALTY DISTRICT, ALLOWING DISTANCE EXEMPTIONS AND ALTERNATE PARKING STANDARDS FOR FIFTEEN (15) ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01329zt - Osun's Village Florida State Laws Ch_2006-316 (2).pdf 08-01329zt Exhibit A - OLD.pdf 08-01329zt Exhibit B - OLD.pdf 08-01329zt CC Legislation (Version 1).pdf 08-01329zt CC FR 12-11-08 Fact Sheet.pdf 08-01329zt Exhbit A.pdf 08-01329zt Exhbit B.pdf LOCATION: Along NW 7th Avenue from NW 53rd Street to NW 60th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): City of Miami Page 54 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will create the Osun's Village Cultural Specialty District and allow distance exceptions and alternate parking standards for 15 establishments serving alcoholic beverages. Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: PZ.12. PZ. 12 is also on first reading. It's an ordinance. Gregory Gay (Planner II): Mr. Chairman, members of the Commission. Gregory Gay, with the City ofMiami Planning Department. I bring before you PZ. 12 on first reading, which is consideration of an amendment to Chapter 4, Article I, of the City Code of the City ofMiami, as amended, entitled 'Alcoholic Beverages, " in general; and more in particular, amending Section 4-11, entitled -- Chair Sanchez: Gregory, couldl intro -- Mr. Gay: -- "Special Exception." Chair Sanchez: -- could I -- I'm sorry. Can I interrupt you for a minute? Mr. Gay: Sure. Chair Sanchez: Does anyone need an interpreter, now that we're coming to an end? All right, let's go ahead and excuse him; that way -- he's got some matters to attend to. Gregory, I'm sorry for that interruption. No. I'm just trying to help him out. He's got to get somewhere. Mr. Gay: No problem. Chair Sanchez: All right, Gregory. Mr. Gay: This ordinance is to amend the City Code to basically allow the Osun's Village Cultural Specialty District along Northwest 7th Avenue from Northwest 53rd Street to Northwest 60th Street and to allow distance requirements and exceptional alternative parking standards for 15 establishments in serving alcoholic beverages contained within the district. This is another specialty district. It's culturally oriented to allow restaurants and similar cultural -related institutes to cluster themselves and to allow for liquor sales within a given district. We've had conversations with the Commissioner, and we have had a suggested change, that to extend the district from 60th Street up to 63rd Street for this particular district. Chair Sanchez: From where? Vice Chair Spence -Jones: From 60th to 63rd. Mr. Gay: It'll be total from 53rd Street to 63rd Street -- Chair Sanchez: Oh. Mr. Gay: -- on Northwest 7th Avenue. Chair Sanchez: I thought you said 6, from 6th to -- so just --from fifty -- City ofMiami Page 55 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Gay: From 53rd Street -- Chair Sanchez: -- third -- Mr. Gay: -- to 63rd Street on Northwest 7th Avenue. Chair Sanchez: All right. Commissioner Gonzalez: All right. Chair Sanchez: Is there a motion? Vice Chair Spence -Jones: I have -- so moved. Chair Sanchez: There's a motion by the Vice Chair. Is there a second? Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Regalado. Before we open up for discussion, anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, and it comes back to the Commission. Discussion on the item? Vice Chair Spence -Jones: I just want to add just so that everyone's clear of the whole purpose of Osun. There's four different areas throughout my districts [sic], and one of the things that we're trying to do is create these cultural destinations that would highlight cultural activities and, of course, restaurants and different things that we want to see, galleries in particular areas; so the whole idea is to create these so called zones or areas or cultural corridors to attract, you know, not only local residents but tourists to the area. So this is a plan that we actually been working on for a while now, so I'm glad to see that it's coming to fruition. Chair Sanchez: All right. Commissioner Sarnoff I have a question. Can these be standalone, just liquor places, or they have to be in a restaurant or --? Vice Chair Spence -Jones: To my understanding, they're only in -- they're not standalone liquor places. Mr. Gay: No. They will have to be in a restaurant and they will have to have the 60/40 in terms of liquor sales versus food sales. Commissioner Sarnoff Does it actually say that in the ordinance because I didn't see that? Chair Sanchez: Who --? Mr. Gay: I believe it's actually stated in the City Code. Commissioner Sarnoff No, no. I know, but I don't think the ordinance -- I'm asking -- Orlando, since I think you might know, is this carefully tailored so it's for, you know, restaurants versus standalone bars? Orlando Toledo (Senior Director, City Manager's Office): Commissioner, this one, the way it reads right now, it does allow bars. I mean, we could -- what we could do is we could bring it City of Miami Page 56 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 back in second reading and make sure that restaurants -- that they have to be with restaurants, if that's what the Commissioner wants. Vice Chair Spence -Jones: Well -- I mean, we want to do both. I mean, I -- Mr. Toledo: All right. Vice Chair Spence -Jones: -- want to do both. Mr. Toledo: You want to do both, okay. Vice Chair Spence -Jones: Yeah. Mr. Toledo: It allows both. Vice Chair Spence -Jones: One of the biggest issues I know I have on 7th Avenue is because of FDOT (Florida Department of Transportation) and whatever is going on with FDOT, I'm losing like all my parking, so that's becoming a big issue, you know, for us. So this allows for me to get the additional parking) know, especially on 7th Avenue. Mr. Toledo: Yeah. I mean, the good thing is that it does limit them to 15. Vice Chair Spence -Jones: Right. Mr. Toledo: And by -- Commissioner Sarnoff. Are you sure you want to pass an ordinance that allows standalone liquor bars right next to each other? I mean, I came from New Orleans; I know exactly what it's like. Are you sure you want that? Vice Chair Spence -Jones: Well, it's not necessarily something that I want; it's something that the community has -- this is not something) made up. The community's been working on this for three years -- Commissioner Sarnoff. Right. Vice Chair Spence -Jones: -- as a part of the Wake Up Miami campaign. Three years. Commissioner Sarnoff. I mean, you could potentially be putting 15, 20 bars right next to each other. Vice Chair Spence -Jones: Well, I'm expecting my Planning Department to tell me what they -- staff hasn't given me the recommendations, if that's an issue. Chair Sanchez: The way it's written right now, possibly, you could end up with that. Mr. Gay: From this Planning partner's perspective, we can tailor it in such a way where it's not just 15 bars -- Chair Sanchez: Hey, it's first reading. Mr. Gay: -- by itself. It could be broken up into -- Chair Sanchez: It's first reading. City of Miami Page 57 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Mr. Gay: -- 15 restaurants or an assortment, a mix (UNINTELLIGIBLE) of 15 --10 to -- whatever number you want to establish of bars and restaurants, we can break it up into a ratio. Commissioner Sarnoff. No. I don't -- I'm not here -- I'm merely here to tell -- to suggest to you that what is intended by the Commissioner may not be what's written, and what is written, I could tell you as a lawyer, is what you're going to get; and what you're going to get are people trying to sell as much alcohol as possible, probably as close as they can to each other. I mean -- you know, I -- this is an experience --I went through New Orleans like this andl know what is going to happen. They had no distance requirements. And if that's what you want, that's what you're going to get, but I don't think it's what you're thinking you're going to get. Vice Chair Spence -Jones: Well, this is the first -- again, it's going to -- Mr. Gay: This is first reading. Vice Chair Spence -Jones: -- so if that's something that the Planning staff can look at and then, if there's some adjustments that need to be made, then, Gregory, please do that. Mr. Gay: Okay. We can vet it out further, and maybe you can do it on a block -by -block basis. That way we're not too clustered with too many other like services being provided. Chair Sanchez: Come back on second reading. Listen, we've done this before where the wheel doesn't have to be invented -- reinvented; it's been invented. So come back with some recommendations as to the numbers. Mr. Gay: Okay. Chair Sanchez: All right. On first reading -- it's an ordinance on first reading, PZ.12. Read it into the ordinance [sic], followed by a roll call. Maria J. Chiaro (Deputy City Attorney): And understand this amendment to their -- to this ordinance to be amended is that --from that which is in the packet to 63rd Street? Vice Chair Spence -Jones: Yes. Mr. Gay: Correct. Vice Chair Spence -Jones: With amendment. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Commissioner Gonzalez: Roll call. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: This item has passed on first reading, 5/0. PZ.13 08-01331zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING CHAPTER 4, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED "DEFINITIONS," City of Miami Page 58 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE LEMON CITY/LITTLE HAITI FRENCH CREOLE CULTURAL ARTS AND ENTERTAINMENT DISTRICT, ALLOWING DISTANCE EXEMPTIONS AND ALTERNATE PARKING STANDARDS FOR TWENTY (20) ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01331zt Exhibit A - OLD.pdf 08-01331zt Exhibit B - OLD.pdf 08-01331zt CC Legislation (Version 1).pdf 08-01331zt CC FR 12-11-08 Fact Sheet.pdf 08-01331zt Exhbit A.pdf 08-01331zt Exhibit B.pdf LOCATION: Properties Fronting or Abutting NE 2nd Avenue, Generally Bounded from NE 63rd Street to NE 53rd Street, Including the Entire Properties Legally Described as "SABAL PALM COURT SUBDIVISION PB 46-66 BLOCK 3," and "PIERCES DIV OF LEMON CITY PB 2-21 LOTS 3 & 4 BLK 12," [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will create the Lemon City/Little Haiti French Creole Cultural Arts and Entertainment District and allow distance exceptions and alternate parking standards for 20 establishments serving alcoholic beverages. Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Vice Chair Spence -Jones to the City Manager to work along with the Planning Department to review the zoning ordinances before the next hearing regarding the special district to address the parking issues related to the special district. Chair Sanchez: All right. Commissioner Gonzalez: Thirteen. Chair Sanchez: PZ. 13. Gregory Gay (Planner II, Planning Department): PZ. 13 is a similar ordinance for the Lemon City/Little Haiti French Creole Cultural Arts and Entertainment District, which is located on Northeast 2nd Avenue. This is an ordinance by the City ofMiami Commission to amend the City Code by amending Chapter 4, entitled "Alcoholic Beverage, " Article I, entitled "In General," more particularly by amending Section 4-2, entitled "Definitions," and Section 4-11, entitled "Exceptions to the Distance Requirements," to create the Lemon City/Little Haiti French Creole Cultural Arts and Entertainment District, in the area inscribed [sic], and to allow 20 establishments within that given location. The general boundaries is from Northwest -- Northeast 53rd Street to Northeast 63rd Street. There has been a modification to the boundary as well. Around the Little Haiti Cultural Arts Center, we encapsulated that particular property, City ofMiami Page 59 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 which the City own within the boundaries, and what we're going to do is basically extend that boundary a little bit further to the east to Northeast 3rd Avenue so -- to include the properties to that area. Chair Sanchez: All right. Okay. Vice Chair Spence -Jones: So -- Chair Sanchez: There's a motion? Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion by the Vice Chair. Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. It is a public hearing, an ordinance on first reading. It'll come back to us on second reading. Anyone from the public wishing to address this item? Lucia Dougherty: Mr. Chairman, Lucia Dougherty, here with David Wallack. We're here to support the amendment and your ordinance, so if you have any questions, we'd be happy to answer them. Commissioner Sarnoff. Does this ordinance equally allow bars, standalone bars? Ms. Dougherty: It does. Commissioner Sarnoff. And no regulation as to distance? Ms. Dougherty: Well, obviously, you do have regulations as to distance, except for in this district. In this district -- Commissioner Sarnoff. There are no regulations. Ms. Dougherty: -- there was -- yes. And it's -- Commissioner Sarnoff. So you could have bar -- Ms. Dougherty: -- a very defined district. Commissioner Sarnoff. -- after bar after bar, correct? Ms. Dougherty: Yes, you could have bar to bar to bar, but you don't need the distance requirement exemptions for a restaurant. Already the City ofMiami allows no distance requirements for alcoholic beverages sold in restaurants or cafes or -- as long as they meet the 4,000 square feet. Commissioner Sarnoff. Intent. But my question's a little different. My question is you can have a standalone bar right next to a standalone bar. Ms. Dougherty: If you want to pay $150, 000 for a -- Commissioner Sarnoff. You're saying the market will set it, but -- City ofMiami Page 60 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Dougherty: -- liquor license, yes. Commissioner Sarnoff. -- the City will allow it. Ms. Dougherty: Yes. Commissioner Sarnoff. It's a big difference between have a restaurant next to a restaurant and a series of 10 bars next to 10 bars. Ms. Dougherty: No. I don't think that this area yet -- hopefully some day it might, but this area yet is not going to support 10 bars with $150, 000 liquor license. I'm sorry. I don't want to argue. Chair Sanchez: Once again, let me caution you on this that you come up with a plan -- I'm telling you, we take -- learn from experience. Eighth Street has been on for eight years. We did not allow for bar, bar, bar, bar, bar, bar or else you're going to have a whole full of -- block full of bars. What this does it allows you -- what you want to do in an area like this is you want to incentivize people to come in and create an area of entertainment, an area where you could come and have fun and not bother anybody with noise. That's what you want to do. You could accomplish it, but you got to have guidelines so you create it right. If you don't, you're going to be sorry for it. All right. Vice Chair Spence -Jones: Mr. Chairman, I think the same thing. By -- for the second reading -- Chair Sanchez: Yeah. Vice Chair Spence -Jones: -- Gregory will definitely look at making those adjustments, but again, this is a part of the Wake Up Miami campaign; and this is stuff that's coming actually from the residents, things that they want to see happen within this area. This particular building that you're looking at is a building right behind the Cultural Complex. Mr. Gay: Yes, ma'am. Vice Chair Spence -Jones: Right now the only, I believe, facilitate or -- not even restaurant -- bar is Churchill's, and the idea is to kind of attract different type of individuals to the area so that this place, the center and the stuff that we've invested in the area, begin to really flourish, so Ms. Dougherty: I guess the interesting thing about this particular building is it's owned by David Wallack, who happens to be in the entertainment business. He owns Mango's Topical Cafe and he owns Power Studios. Chair Sanchez: And he's perfect for that because -- Ms. Dougherty: Exactly. Chair Sanchez: -- he owns the property, he's in that business; he's going to put the money into it. Vice Chair Spence -Jones: Yeah. Chair Sanchez: Because I'll tell you what happens, all right. Everything has a triggering effect. If the individual doesn't own the property, you're going to have the guy next door holding you back because come next year or two years or five years down the road when he's got to pay a lease that's going to go from 1,500 to 2,500, if he's not a creative businessman or entrepreneur who could come up with innovative ways to make more revenue and pay more rent, you're going to end up with a problem. I'm telling you, but -- City of Miami Page 61 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Ms. Dougherty: You're absolutely right, he is perfect; this is the perfect location, three public parking lots immediately abutting it, andl mean, it is a perfect solution. Chair Sanchez: All right. Believe me, it'll be -- it'll have more discussions on second reading. Vice Chair Spence -Jones: Okay. I do have another comment, sir. Chair Sanchez: Yes. Vice Chair Spence -Jones: Mr. City Manager, I'd like to also direct you to work along with the Planning Department to kind of look at the zoning ordinances -- I think we might have talked about it in our briefings -- before the next hearing regarding the special district to address the parking issues that we have -- Mr. Hernandez: Okay. Vice Chair Spence -Jones: -- (UNINTELLIGIBLE) general. Andl think we went back and forth on it -- Chair Sanchez: Pocket items? Vice Chair Spence -Jones: But, hopefully, by the second reading we can address it. Chair Sanchez: You got pocket items? Mr. Hernandez: I'll work with the Department. Chair Sanchez: Regalado's got pocket items? Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. Pocket items? Any pocket items? No. Chair Sanchez: You? Commissioner Sarnoff. I have two. Vice Chair Spence -Jones: None. Commissioner Gonzalez: Read the ordinance. Chair Sanchez: All right, so let's vote on PZ.13, which is an ordinance on first reading; it'll come back to us on second reading. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Burns: Commissioner Sarnoff? City of Miami Page 62 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. Yes. Looking forward to second reading. Ms. Burns: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Burns: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Burns: Chair Sanchez? Chair Sanchez: Yes, ma'am. Ms. Burns: This item has passed on first reading, 5/0. Chair Sanchez: All right. That takes care of our PZ (Planning & Zoning) agenda. Unidentified Speaker: Thank you. END OF PLANNING AND ZONING ITEMS City of Miami Page 63 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 NON -AGENDA ITEMS NA.1 08-01482 DISCUSSION ITEM DISCUSSION REGARDING THE ADDITION OF AN ITEM TO THE CITY'S LEGISLATIVE AGENDA RELATED TO THE BID VOTING PROCESS. MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to include an item in the City's legislative package relating to requirements set forth in Chapter 170.01 related to the BID (Business Improvement District) voting process. Chair Sanchez: At this time we're going to open it up for pocket items. Commissioner Sarnoff, you have two pocket items; I have one. Does anybody have anything else? Vice Chair Spence -Jones: Nope. Chair Sanchez: All right. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. Very briefly, Mr. Manager. I know that Kirk Menendez suggested to you that we were going to include in our legislative package an amendment to Chapter 170.01, which is the legislation that allows for -- I'm going to just use it euphemistically -- BIDs (Business Improvement Districts) to occur; and in that legislation, that it would actually require a person to actually cast a vote before a "no" vote is cas -- is suggested. So I have a copy of the recommended changes. It's been given to Mr. Menendez, andl want to make sure that that becomes part of the legislative package. Chair Sanchez: All right. Vice Chair Spence -Jones: Say -- I'm sorry. Commissioner Sarnoff. Sure. Chapter 170 -- andl hope you all -- Chair Sanchez: That's the BID. Commissioner Sarnoff. The BID, right. Chair Sanchez: Right. Commissioner Sarnoff. -- 170.01. Vice Chair Spence -Jones: Oh, okay. What we talked about earlier? Commissioner Sarnoff. We didn't really -- the BID that we talked about earlier -- I don't -- Chair Sanchez: If you don't vote, it's considered a no vote. Commissioner Sarnoff. Right. How to overcome -- Chair Sanchez: You want to change it. Commissioner Sarnoff. Correct -- that. If you don't vote for it, it's considered a no vote; very difficult burden to overcome. We tried last year unsuccessfully, but we're going to try again this year. You have to actually cast a vote, so if you cast a vote and it's a no vote, fine, but if you -- City of Miami Page 64 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Chair Sanchez: All right. Is there a second? Vice Chair Spence -Jones: Second. Commissioner Gonzalez: Second. Chair Sanchez: All right, no discussion. All in favor, say "aye. The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It passes. It'll be added to the legislative plan. Pedro G. Hernandez (City Manager): It will be added. Commissioner Sarnoff. Right. NA.2 08-01483 DISCUSSION ITEM DISCUSSION REGARDING A BUILDING COVERED WITH GRAFFITI AT THE CORNER OF US 1 AND BIRD ROAD. DISCUSSED Commissioner Sarnoff. Last thing, Mr. Manager. On US I and Bird Road, we have an entire building that's been graffitied [sic]. I think you've seen photographs of it. I've sent them to you. Pedro G. Hernandez (City Manager): Yes. Commissioner Sarnoff. It just seems to me that we have got to come up with a different system or a better way of doing things because that building, theoretically, could stay that way for the better part of through Christmas. There seems to be that we've got to creative either legislation or some sort of an effective Code enforcement mechanism, and if it needs to be legislation, then I welcome, you know, a draft version. But we don't sit here on US I or another major corridor in the City ofMiami looking at an entire building graffitized [sic] and we are powerless to do anything about it. Mr. Hernandez: Commissioner, we may need legislation; however, I'm going to try to find other ways to resolve this specific issue. We will need legislation similar to what we have done with abandoned properties that authorizes us to actually secure the property and clean it and so forth, and then we can lien the property owner. With that kind of authority, we could just paint over, clean it up and then charge the property owner. Commissioner Sarnoff. Well, then -- and llook forward to your leadership and your guidance on this issue then. Mr. Hernandez: However, in the meantime, I'm going to try to contact the owner, accelerate it, and see if we can cooperate and get it done. Commissioner Sarnoff. Okay. I just want to bring it to your attention -- Commissioner Gonzalez: Is that building occupied? Commissioner Sarnoff. What's that? Commissioner Gonzalez: Is that building occupied? City ofMiami Page 65 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 Commissioner Sarnoff. No, it's not. You know, it used to be the -- they used to call it the Culligan Man or something, the Water Guy; but no, it's an unoccupied building. Mr. Hernandez: I'll work with Code Enforcement and find a -- maybe a creative way to actually get this one resolved, butl think that it will help us if we had some legislation that would give us the authority to just paint over on private property when it's egregious to the Commissioner Sarnoff. Would your office look into the legislation through -- Mr. Hernandez: Yes. Commissioner Sarnoff. -- Roger Hernstadt? Thank you. Mr. Hernandez: We'll do it. NA.3 08-01484 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $500, TO BAYFRONT PARK, TO SPONSOR THE COST OF THE USE OF THEIR STAGE, ON DECEMBER 14, 2008, AT THE SAN JUAN BOSCO CHURCH PARKING LOT, FOR THE CICAMEX TOY DRIVE EVENT; ALLOCATING SAID FUNDS FROM THE DISTRICT 3 SPECIAL EVENTS ACCOUNT NO. 00001. 980000. 548000.0000.00000. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0711 Chair Sanchez: All right. Any other pocket items? If not, I have a pocket item. A resolution of the City ofMiami Commission authorizing the allocation offunds, in the amount not to exceed $500 to the Bayfront Park -- I'm paying out of my account -- for the use of the stage to sponsor Cicamex Toy Drive event, on December 14, 208 [sic], at San Juan Bosco Church parking lot. Those said funds come from the District 3 special event account. I need a motion and a second. Commissioner Gonzalez: Move it. Commissioner Sarnoff. So moved. Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. Hearing no discussion on it, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Pocket item passes, 5/0. Ladies and gentlemen, that concludes our Commission meeting. At this time I want to wish everyone happy holidays, Merry Christmas, happy Hanukkah, happy Kwanzaa -- Vice Chair Spence -Jones: Happy New Year. Chair Sanchez: -- whatever you may celebrate, and a happy, happy new year to all, the City City ofMiami Page 66 Printed on 1/5/2009 City Commission Meeting Minutes December 11, 2008 employees and all the residents of the City ofMiami. God bless you and thank you so much. This meeting is adjourned. Mr. Hernandez: Thank you. City ofMiami Page 67 Printed on 1/5/2009