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HomeMy WebLinkAboutCC 2009-01-29 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 29, 2009 9:00 AM PLANNING & 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 January 29, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA RE- RESOLUTIONS PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones Absent: Commissioner Sarnoff On the 29th day ofJanuary 2009, 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 9: 31 a.m., recessed at 9:49 a.m., reconvened at 10:10 a.m., and adjourned at 11:41 a.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9:42 a.m. Commissioner Regalado entered the Commission chambers at 10:11 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk Chair Sanchez: All right. Good morning, ladies and gentlemen. The City ofMiami Commission meeting is being called to order. Welcome to the January 29, 209 [sic] meeting of the City of Miami Commission in these historic City Halls [sic]. The members of the City Commission are Michelle Spence -Jones, as Vice Chair, Commissioner Tomas Regalado, Angel Gonzalez, Commissioner Marc Sarnoff, and me, Joe Sanchez, as your Chair. Also on the dais with us, when we do have representation from the City Manager's office, Pete Hernandez, as well as our Legal Department, Julie O. Bru, and also, our City Clerk, Priscilla Thompson, acting as the City Clerk. The meeting will be opened with a prayer, and I will have the pledge of allegiance be given by Commissioner Regalado. We do have a quorum, and we'll go ahead and start with that. Following that, we will go to the Mayor's presentation and the Commissioners' presentation. I do believe that we have some on the agenda today. We have a couple of certificates of merit, and we also have a memorial resolution being presented. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 09-00078 PRESENTATION Honoree Presenter Protocol Item U.S. News Mayor Diaz Certificates & World Report of Merit America's Best High Schools Gold Medal Schools Design and Architecture Senior High School Maritime and Science Technology Academy Silver Medal School New World School of the Arts Joseph H. Commissioner Memorial Ganguzza, Regalado Resolution In Memoriam City ofMiami Page 3 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 MAYORAL VETOES 09-00078 Protocol.pdf 1. Mayor Diaz presented Certificates ofMerit to the Design and Architecture Senior High School (Dr. Stacey Mancuso), Maritime and Science Technology Academy (Thomas C. Fisher, II), and the New World School of the Arts (Frederic E. Conde, Ed.D.) in recognition of overall excellence and steadfast commitment to student achievement in the Miami -Dade Public School System, honoring their national designation as Gold and Silver Medal Schools of U.S. News & World Report, a ranking developed by U.S. News and World Report which honors the best 100 of the more than 21,000 high schools in the United States. 2. Commissioner Regalado paid tribute to the memory of the late Distinguished Florida Barrister, Joseph H. Ganguzza (1957-2009), a prominent Miami attorney who provided over 25 years of outstanding service to his profession; further recognizing the late Joseph H. Ganguzza for his accomplishment as cum laude of Boston College and the University ofMiami/School of Law and founder and director of Joseph H. Ganguzza & Associates, PA; and further recognizing the late Joseph H. Ganguzza for embracing the challenges of public service as a sacred trust while serving on the City ofMiami Zoning Board for nine years. Chair Sanchez: At this time we'll go ahead and go to the Commissioners' and Mayor's presentations. At this time we recognize the Mayor, the Honorable Manny Diaz. Sir, you're recognized for the record. Presentations made. NO MAYORAL VETOES Chair Sanchez: And for the record, I am -- the Chair is in receipt of a letter which there are no mayoral vetoes from the Mayor. Priscilla A. Thompson (City Clerk): That is correct. Chair Sanchez: Madam Clerk, good to have you back. Ms. Thompson: And thanks to God to be back. Chair Sanchez: Yes. Ms. Thompson: I missed you guys. Applause. Chair Sanchez: We missed you. Let's give her a round of applause, she's back. Applause. Ms. Thompson: Thank you. Chair Sanchez: And I hope you brought some M&Ms. Ms. Thompson: Plain. Chair Sanchez: You know I like peanuts. All right, so there are no mayoral vetos on this agenda. Commissioner Gonzalez has joined us for the record. Commissioner Marc Sarnoff is not present;; he's out of town busy with work, and he is not present. City ofMiami Page 4 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff END OF APPROVING MINUTES Chair Sanchez: Before we go to the -- approving the minutes of the following meetings, we have to approve the Planning and Zoning meeting of December 11, 208 [sic]. Is there a motion? Commissioner Regalado: Move it. Chair Sanchez: Need a motion. Commissioner Gonzalez: Second. Chair Sanchez: Need a second. Motion was proffered by Commissioner Regalado, second by Commissioner Gonzalez. All in favor, say "aye." Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 5 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Order of the Day Chair Sanchez: So we'll go ahead now with the order of the day. The order of the day is that we're done with the presentation and proclamations. "[Later...]" Chair Sanchez: All right, consent agenda. Before we go to the agenda, Madam Attorney, could you read the procedures to be followed in the Commission meeting. Julie O. Bru (City Attorney): Thank you, Mr. Chairman. Good morning, members of the Commission, Madam Clerk. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. Materials for each item on the agenda are available during business hours at the City Clerk's office or online. Formal action may be taken on any item discussed or added to this agenda. Anyone who wishes to appeal any decision made by the City Commission for any matter considered at this meeting will need a verbatim record of the item. Any person who makes offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Please silence any noise -making devices now. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. Also, if there's any person with a disability that requires auxiliary aids and services for this meeting, please notify the City Clerk. P&Z (Planning & Zoning) items are going to begin after 10 o'clock this morning. And the Chairman and Administration will announce the items that are either being withdrawn, deferred or substituted. Chair Sanchez: All right. Pedro G. Hernandez (City Manager): Mr. Chairman, ifI may. In the regular agenda -- Chair Sanchez: Mr. City Manager, you're recognized for the record. Mr. Hernandez: -- item D2.1, which is a blue page item from Commissioner Sarnoff, I've been asked by his office to defer that item until he is back at the next agenda. Chair Sanchez: All right. So that's D2? Mr. Hernandez: D2.1. Chair Sanchez: Defer. Any other items that we need to defer from the consent agenda or the regular agenda? Mr. Hernandez: That's it for the regular agenda. I have other items to be deferred from the Planning and Zoning agenda, but we can do that when you -- Chair Sanchez: Well, no. Well take those up -- Mr. Hernandez: -- open -- Chair Sanchez: -- as properly advertised for 10:30. "[Later...]" Chair Sanchez: All right. Good morning, ladies and gentlemen. We're calling the City of Miami Planning & Zoning meeting to order. It was properly advertised for 10 o'clock. At this time, what we're going to do is we're going to have the City Attorney read the procedures to be followed. Once she's done with that, then I'm going to have each and every one of you who will City ofMiami Page 6 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 be testifying in front of this Commission to stand up and be sworn in by our City Clerk. Madam Attorney, you're recognized for the record. Maria J. Chiaro (Deputy City Attorney): PZ (Planning & Zoning) items shall proceed as follows. Before the PZ agenda is heard, all those wishing to speak will be sworn in by the City Clerk. 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. The appellant or petitioner will be permitted to make final comments. Mr. Chairman. Chair Sanchez: All right. Madam Clerk, let's go ahead and have all those testifying on any item pertaining to Planning and Zoning please stand up and be sworn in. Priscilla A. Thompson (City Clerk): Good morning, ladies and gentlemen. Please stand if you are going to be testifying on any item on our PZ agenda. We need you to please stand and raise your right hand so that you can be sworn in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues Ms. Thompson: Thank you. Chair Sanchez: Okay. Thank you very much. City ofMiami Page 7 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 CA.1 09-00013 RESOLUTION Department of Public Facilities CONSENT AGENDA A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH NMMA BOAT SHOWS, INC., FOR THE USE OF DOCKAGE SPACE AT MIAMARINA AT BAYSIDE FOR THE PRESENTATION OF THE STRICTLY SAIL VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW FROM FEBRUARY 8 THROUGH FEBRUARY 19, 2009, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 09-00013 Legislation.pdf 09-00013 Exhibit.pdf 09-00013 Summary Form.pdf 09-00013 Pre Legislation.pdf 09-00013 Master Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-09-0042 CA.2 09-00014 RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "2009 MEMORANDUM OF UNDERSTANDING FOR THE MIAMI HOMELESS ASSISTANCE PROGRAM'S DISCHARGE PLANNING GRANT", CONSISTING OF A MIAMI-DADE COUNTY HOMELESS TRUST GRANT AWARD, IN THE AMOUNT OF $340,000, FOR A TWELVE MONTH PERIOD TO PROVIDE EXTENDED OUTREACH AND HOUSING SERVICES TO HOMELESS INDIVIDUALS REFERRED THROUGH THE MIAMI-DADE COUNTY JUDICIAL AND THE HEALTH SYSTEM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL DOCUMENTS NECESSARY TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 09-00014 Legislation.pdf 09-00014 Exhibit 1.pdf 09-00014 Exhibit 2.pdf 09-00014 Exhibit 3.pdf 09-00014 Exhibit 4.pdf 09-00014 Exhibit 5.pdf 09-00014 Exhibit 6.pdf 09-00014 Summary Form.pdf 09-00014 Letter.pdf 09-00014 Memo.pdf 09-00014 Pre Summary Form.pdf 09-00014 Pre Legislation.pdf 09-00014 Attachment B.pdf City ofMiami Page 8 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-09-0043 CA.3 09-00054 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION, FROM SCHAEFER SYSTEMS INTERNATIONAL, INC., ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UTILIZING THE EXISTING CITY OF BOYNTON BEACH CONTRACT NO. 042-2510-08/CJD, EFFECTIVE THROUGH JUNE 2, 2010, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE CITY OF BOYNTON BEACH; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00054 Legislation.pdf 09-00054 Summary Form.pdf 09-00054 Letter.pdf 09-00054 Proposal.pdf 09-00054 Letter 2.pdf 09-00054 Agenda Item Request Form.pdf 09-00054 Letter 3.pdf 09-00054 Warranty.pdf 09-00054 Request for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-09-0044 Adopted the Consent Agenda Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff END OF CONSENT AGENDA Chair Sanchez: So any of the Commissioners wishing to pull any of the consent agenda for discussion? If not, need a motion to approve the consent agenda. Commissioner Gonzalez: Motion. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by the Vice Chair, City ofMiami Page 9 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 pertaining to consent agenda 1, 2, and 3. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 10 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 RE.1 09-00082 Department of Capital Improvements Program RESOLUTION RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A GRANT TO THE TURKEL RESOURCE FOUNDATION TO RESTORE THE CITY -OWNED DORSEY MEMORIAL LIBRARY LOCATED AT 100 NORTHWEST 17 STREET, MIAMI, FLORIDA, IN THE AMOUNT NOT TO EXCEED TWO HUNDRED AND FIFTY-SIX THOUSAND DOLLARS ($256,000); ALLOCATING SAID FUNDS FROM B-30531, CAPITAL IMPROVEMENT PROJECT " DORSEY MEMORIAL LIBRARY RESTORATION;" AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT CO-OPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-00082 Legislation.pdf 09-00082 Exhibit 1.pdf 09-00082 Exhibit 2.pdf 09-00082 Exhibit 3.pdf 09-00082 Exhibit 4.pdf 09-00082 Summary Form.pdf 09-00082 Master Report.pdf 09-00082 Pre Resolution.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-09-0045 Chair Sanchez: And we move on to the resolutions. That is RE.1. That comes to us from the Department of Capital Improvements. Ola O. Aluko (Director, Capital Improvements Program): Good morning, Commissioner. Chair Sanchez: Good morning. Mr. Aluko: Ola Aluko, director of Capital Improvements, City ofMiami. RE.1. This is a resolution to authorize the City Manager to enter into a cooperative agreement with the Turkel Resource Foundation for the Dorsey Memorial Park [sic]. The funds for this project is by the GOB (General Obligation Bond), in the amount of $250, 000, and the City CIP (Capital Improvements Program) Department will contribute $6, 000 to complete the project. Chair Sanchez: All right. Is there a motion? Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Discussion. Chair Sanchez: There is a motion. Need a second for the purpose of discussion. There's a motion proffered by the Vice Chair. Is there a second? City ofMiami Page 11 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. The item is under discussion. Vice Chair, you're recognized for the record. Vice Chair Spence -Jones: Yes. I see Mr. -- is Mr. Turkel -- yeah, he's here. Finally, the project is moving. It's great to see -- This is the new Dorsey Historic Library that's going to take place in the heart of Overtown, which is wonderful to see. I know that there was some confusion in the very beginning about how and who was going to get it done, but my question was -- and I didn't get a clear answer from the Manager when we had our briefing -- are -- is Capital Improvement [sic] going to be responsible for managing the construction of the project? Okay, 'cause I'm seeing yes and I'm seeing no. Mr. Aluko: Capital Improvements will provide oversight. The Turkel Foundation will hire the contractor. They will manage the contractor. However, the Capital Improvements Department will go to the job site on a frequent basis, just monitor the progress, and we will monitor the payments to the Turkel Foundation. Vice Chair Spence -Jones: Okay, so I just -- Mr. Turkel, can -- you have -- because I know that was one of the issues in the very beginning. So that is suitable? Leonard Turkel: Yes. Leonard Turkel, Turkel Resource Foundation. Yes. The arrangements -- by the way, just -- you know this. I am a licensed general contractor. Vice Chair Spence -Jones: Oh, okay. Mr. Turkel: And we have hired a general contractor, Linda Forrest of Poinciana Development. And with the help of the City and all of the conversations we've had, we are perfectly satisfied with the arrangement, and we think it will be very successful. Vice Chair Spence -Jones: Okay, all right. 'Cause I know -- Mr. Turkel: Okay. Vice Chair Spence -Jones: -- you guys do a great job, but if -- Mr. Aluko: Thank you. Vice Chair Spence -Jones: -- you feel comfortable -- Mr. Aluko: Well, at times we do have partnerships, and we believe -- we have confidence in this particular partnership. Vice Chair Spence -Jones: Okay. All right. That's my only question. Mr. Aluko: Yeah. Vice Chair Spence -Jones: Thank you. Chair Sanchez: All right. No further discussion on the item. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 12 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Ladies and gentlemen, that takes care of -- Mr. Aluko: Commissioner, ifI may, please. I read the resolution on the record as a park. It is a library, just for the record. Chair Sanchez: Madam Clerk, I have it down as a library. Priscilla A. Thompson (City Clerk): That's what is listed in our title, as a library. Mr. Aluko: Thank you. Chair Sanchez: All right, so -- Mr. Turkel: Thank you. Chair Sanchez: Thank you for clearing that up. All right, listen, what we're going to do is we're going to take a recess and be back at 10:30 because the PZ (Planning & Zoning) items that are in our agenda, the order of the day, have been properly advertised for 10:30, so -- Ms. Thompson: I'm sorry, Chair. Vice Chair Spence -Jones: Ten. Ms. Thompson: Ten o'clock. Chair Sanchez: Oh, I do apologize. So we're going to take a 10-minute recess and be back at 10 o'clock. City ofMiami Commission stands in recess 'til 10 o'clock, and once we come back, we'll swear -- anyone testifying in front of this Commission on behalf of any PZ items, we'll ask you to stand up and the City Clerk will swear you in. The Commission meeting stands in recess 'til 10 o'clock. END OF RESOLUTIONS City ofMiami Page 13 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 PART B: PLANNING AND ZONING ITEM(S) PZ.1 08-01508ct ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY INCORPORATING THE ANNUAL UPDATE TO THE CAPITAL IMPROVEMENT ELEMENT AND 2008-2009, FIVE (5)YEAR SCHEDULE OF CAPITAL IMPROVEMENTS, AS REQUIRED BY FLORIDA STATUTE, CHAPTER 163, AND CHAPTER 9J-5, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-01508ct CC Legislation (Version 1).pdf 08-01508ct Exhibit A.pdf 08-01508ct Supporting Documentation.pdf 08-01508ct CC SR 01-29-09 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will update the Capital Improvement Element and Five -Year Schedule of Capital Improvements of the Miami Comprehensive Neighborhood Plan. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff 13049 Chair Sanchez: Okay. All right. Okay, so we'll go ahead and take up PZ.1. PZ.1. Harold Ruck (Planner II): Good morning. Harold Ruck, with the Planning Department. PZ.1 is for consideration on second reading of an ordinance amending the Miami Comprehensive Neighborhood Plan of the City ofMiami, by incorporating the annual update to the Capital Improvements element, which includes the 2008-2009, five-year schedule of capital improvements, which is required by Florida Statutes. The State now requires this update to be accomplished through an amendment process. The CIP (Capital Improvement Plan) '08-'09 update was adopted in November 13, and the schedule from this particular document, the five-year schedule, must be incorporated into the capital improvements element of the Comprehensive Plan at this time. The Planning Department recommends approval. The Commission passed on first reading January 15. Thank you. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Motion. City ofMiami Page 14 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Chair Sanchez: There is a -- Commissioner Regalado: Second. Chair Sanchez: -- motion by Commissioner Gonzalez, second by Commissioner Regalado. Before we open it up for discussion, it is a PZ item, a Planning and Zoning item on second reading, requiring a public hearing. 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, and it comes back to the Commission. Any discussion on this item? Hearing no discussion on the item, Madam Attorney, read the ordinance into the record, followed by roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.2 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. 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 02-26-09 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 City ofMiami Page 15 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 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. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, with Commissioner Sarnoff absent, to continue item PZ.2 to the Commission meeting currently scheduled for February 26, 2009. Chair Sanchez: All right. Any of the attorneys wishing to defer their item? Okay. How about PZ.4? Santiago Echemendia: Hi, Mr. Chair. Santiago Echemendia, 1441 -- Chair Sanchez: How are you, counsel? Mr. Echemendia: -- on behalf -- Chair Sanchez: You're recognized for the record. State your name and address. Mr. Echemendia: Santiago Echemendia, 1441, on behalf of Grove Harbour, which I believe our items 2 and 3, we would like to defer to February 26. Chair Sanchez: All right. Can we get a motion to defer the item? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, seconded by the Vice Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. All right, counsel. Mr. Echemendia: Thank you. Chair Sanchez: Well see you then. City ofMiami Page 16 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 PZ.3 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 02-26-09 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. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, with Commissioner Sarnoff absent, to continue item PZ.3 to the Commission meeting currently scheduled for February 26, 2009. Note for the Record: Please refer to item PZ. 2 for minutes referencing item PZ.3. PZ.4 08-00700xc1 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, FLORIDA, City ofMiami Page 17 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES IN PR PARK, RECREATION AND OPEN SPACE DISTRICT, TO ALLOW THE CONSTRUCTION OF A TEMPORARY FIRE RESCUE FACILITY, 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 1275 NORTHEAST 79TH STREET, MIAMI, FLORIDA. 08-00700xc1 CC Analysis.pdf 08-00700xc1 Zoning Map.pdf 08-00700xc1 Aerial Map.pdf 08-00700xc1 Application & Supporting Docs.pdf 08-00700xc1 Plans.pdf 08-00700xc1 ZB Reso.pdf 08-00700xc1 WAB Reso.pdf 08-00700xc1 CC Legislation (Version 2).pdf 08-00700xc1 Exhibit A.pdf 08-00700xc1 CC 01-29-09 Fact Sheet.pdf LOCATION: Approximately 1275 NE 79th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Jack Kardys, Director, Miami -Dade County Park and Recreation Department FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. WATERFRONT ADVISORY BOARD: Recommended approval to City Commission on November 25, 2008 by a vote of 7-0. ZONING BOARD: Recommended approval with conditions* to City Commission on December 8, 2008 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the construction of a temporary fire rescue facility within the Pelican Harbor Marina. Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-09-0046 Chair Sanchez: Are there any other deferrals on the agenda? Pedro G. Hernandez (City Manager): Mr. Chairman, PZ.4 is fine. There is no concerns from the district Commissioner on PZ.4. "[Later...]" Chair Sanchez: All right. For the record, PZ.2 and PZ.3 have been deferred, and we move on to PZ.4. PZ.4 is a resolution. This pertains to a marina. City ofMiami Page 18 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Commissioner Gonzalez: Motion. Chair Sanchez: All right, let's put something on the record, and then we'll -- Roberto Lavernia (Chief of Land Development): For the record, Roberto Lavernia, with the Planning Department. This is a special exception requiring City Commission approval to allow the construction of a temporary fire -rescue facility on a park, Pelican Harbor Marina. The Planning Department -- the recommendation is for approval with a condition, and the condition is that a landscape plan to be submitted to the Planning Department at the time of building permit just to be sure that the project is going to be properly screened. The Zoning Board recommended approval -- on -- by -- in December 8. Chair Sanchez: All right. That is a temporary site, correct? Mr. Lavernia: Yes. They will come with the permanent position in front of you to be approved too. Chair Sanchez: Okay. There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Regalado: Second. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by both the Vice Chair and Commissioner Regalado. Before we discuss the item, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, hearing no one, public hearing has closed, coming back to the Commission. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. PZ.5 08-01322ac RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY LOCATED NORTH OF NORTHWEST 12TH STREET BETWEEN NORTHWEST 8TH AVENUE AND NORTHWEST 7TH COURT, MIAMI, FLORIDA. 08-01322ac Analysis.pdf 08-01322ac Public Works Analysis.pdf 08-01322ac Plat & Street Letter.pdf 08-01322ac Zoning Map.pdf 08-01322ac Aerial Map.pdf 08-01322ac Application & Supporting Docs.pdf 08-01322ac ZB Reso.pdf 08-01322ac CC Legislation (Version 2).pdf 08-01322ac Exhibit A.pdf 08-01322ac CC 01-29-09 Fact Sheet.pdf LOCATION: Approximately N of NW 12th Street between NW 8th Avenue and NW 7th Court [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Frank J. Amedia, Manager, on behalf of Bay Estates at Pinetree, LLC City ofMiami Page 19 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on April 3, 2008 by a vote of 5-0. ZONING BOARD: Recommended approval to City Commission on December 8, 2008 by a vote of 5-2. PURPOSE: This will allow a unified development site. Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-09-0047 Chair Sanchez: PZ.5 is also a resolution. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.5 is the closing, vacating, and abandoning of the -- or discontinue for the public alley. They are requesting to close 1,299 square footage, and they are proposing to open 2,680 in order to guarantee the continuance of the use of the part of the alley that has not been closed. So the Planning Department recommend approval; Public Works recommend approval; Plat and Street Committee recommend approval, and the Zoning Board recommend approval too. Chair Sanchez: So it comes to us with straight approvals from everyone. All right. Is there a motion? Vice Chair Spence -Jones: So moved. Chair Sanchez: Motion -- Commissioner Gonzalez: Second. Chair Sanchez: -- the motion has been made by the Vice Chair, second by Commissioner Gonzalez. Before we open it up for discussion, it requires a public hearing. Is there anyone in opposition or in support of PZ.5 that would like to address this Commission? Yes, sir. Good morning. Alex Nunez: Good morning. Chair Sanchez: State your name and address for the record. Mr. Nunez: Alex Nunez, the (UNINTELLIGIBLE) Companies, 1450 Northwest 87th Avenue. It's -- we're here on behalf of Bay Estates at Pine Tree LLC (Limited Liability Company). Chair Sanchez: All right, so you are in support? Mr. Nunez: In favor, yes. Chair Sanchez: Okay. Is there anyone in opposition to this item? Ma'am, are you in favor? City ofMiami Page 20 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Nersa Gonzalez: No. Chair Sanchez: No, no, no, no. You need -- Ms. Gonzalez: In opposition. Chair Sanchez: Okay. Well, you need to come up and state your name and address for the record, please. Okay. Thank you, sir. Next speaker. Good morning. Ms. Gonzalez: Good morning. My name is Nersa Gonzalez. I registered over there with the Clerk. Chair Sanchez: Okay. Yes, ma'am. Ms. Gonzalez: And apparently the house, 771, which is right next to the alley, has been ignored. It's not even in the papers here. And as far as I understand the law, if an alley is going to be closed or sold out to anybody, they supposed to ask the people who live next if they want to buy half of the alley. Do they -- Florida Power & Light squeeze themselves to get in my meter to read the light because the alley was closed with no previous notice. Never saw it, and I see all the advices [sic] from the City because I like to be informed. Chair Sanchez: Okay. Have you been noticed that the alleyway is going to be closed? Have you been given proper notice? Ms. Gonzalez: No. Chair Sanchez: You have not received any notice? Ms. Gonzalez: No. Chair Sanchez: Okay. And how is your property affected by this closure? Ms. Gonzalez: Well, it is -- the thing I see is that we were supposed to buy half of the alley if we want and nobody asked us anything. And the house is not even in the papers here in -- the address of that house is ignored completely, and I'm next to the alley. Chair Sanchez: Could you --? Teresita Fernandez (Executive Secretary): Teresita Fernandez, Hearing Boards. I check the application and her address is not part of the adjacent property owners -- of adjacent property lots -- Chair Sanchez: Oh. Ms. Fernandez: -- that are abutting the alley. Hers is not. Chair Sanchez: My question to you, ma'am, is is your property abutting this alley? Is your property next to this alley? Ms. Gonzalez: Yes. I used to -- Chair Sanchez: She says yes. Ms. Gonzalez: -- take care of that alley myself. City ofMiami Page 21 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Ms. Fernandez: It's not in the list. It's not in my application, and my application is complete. I have been reviewed by the Public Works Department. Chair Sanchez: All right. Could you --? I'll tell you what. Let's do something. Let's go to the next item. I want to know if she property -- her property is that property. Ms. Fernandez: I'm willing to show her the application and get together with the applicant. Pedro G. Hernandez (City Manager): Mr. Chairman, it would be better if you pass on the item and allow us to work with her a few minutes to confirm which one is her lot. Chair Sanchez: Okay, we'll do that. Ma'am, we'll come back to your item, sir [sic]. So at this time, it has a motion and a second; it's just been tabled. We'll get back to item number 5. "[Later...]" Chair Sanchez: All right. We move on to PZ.10. Mr. Hernandez: Mr. Chairman, if you desire, we can go back to PZ.5, the one that we passed on Chair Sanchez: Okay. Let's -- Mr. Hernandez: -- that the item has been resolved. Chair Sanchez: So the question is is her property abutting? Mr. Hernandez: Her property is abutting the easement, but in an area where the easement is not being closed. Chair Sanchez: Okay. Mr. Hernandez: She also mentioned that she would like to see that part of the easement that she abuts to be closed, but that would require a separate application. Chair Sanchez: Oh, okay. Mr. Hernandez: But she has no -- there is no impact. Her property does not impact the section of the -- or the segment of the alleyway that is proposed to be closed under this them. Chair Sanchez: So if she wanted to take action to close her alley where her portion, she would have to apply through a different --? Mr. Hernandez: It will be a separate application. Chair Sanchez: Separate app -- okay. I think there was a motion and a second on this item. I think we've cleared the misunderstanding and the confusion on the item. Oh, yes, ma'am. I'm sorry. Please. I was just going to say -- Marie Wilson: Good morning, everybody. Chair Sanchez: -- that the public hearing is not closed yet. Ms. Wilson: I'm Marie Wilson, and I live at 1351 Northwest 8th Avenue. I got this paper for -- I'm trying to find out what they going to do with the alley behind me. City ofMiami Page 22 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Vice Chair Spence -Jones: Mr. Chairman, she does live -- Ms. Wilson: At 1351 Northwest 8th Avenue. Vice Chair Spence -Jones: So we just need Teresa to verify that. Chair Sanchez: All right. Well, we'll come back to this item. PZ.5, we're still working out the glitches on that one. "[Later...]" Chair Sanchez: All right, so we move on to PZ (Planning & Zoning) -- Can we get PZ.5 done? Unidentified Speaker: Commissioner, PZ.5, we're ready with an answer, so -- Ms. Slazyk: The lady that -- she just looked at the drawings, and she is one block over. Chair Sanchez: Okay. Ms. Slazyk: She was in the 500-foot radius notice, so she assumed it was her alley; so I think this one is good to go. She's not on the alley. Priscilla A. Thompson (City Clerk): And your name is? Ms. Slazyk: I don't know. She's sitting right -- Chair Sanchez: No, your name. Ms. Thompson: No, your name. Ms. Slazyk: Oh, my name. I'm sorry. Lourdes Slazyk, office of Zoning. Ms. Thompson: Thank you, Lourdes. Chair Sanchez: All right, folks, I think we have -- do we have a motion and a second on this item? Ms. Thompson: Yes, we do. Chair Sanchez: We've had discussion on the item, we opened up the public hearing, and we're going to close the public hearing; coming back to the Commission for a vote on PZ.5. It is a resolution. It does not require a roll call or the ordinance to be read into the record, so all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. You know, once again it shows that you guys are good neighbors, and you guys are willing to sit down with anyone who may have a concern pertaining to the item; and we appreciate that. Thank you. PZ.6 08-01329zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING THE CODE OF THE CITY OF MIAMI, City ofMiami Page 23 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 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 CC Legislation (Version 2).pdf 08-01329zt Exhbit A.pdf 08-01329zt Exhibit B-SUB.pdf 08-01329zt CC SR 01-29-09 Fact Sheet.pdf LOCATION: Along NW 7th Avenue from NW 53rd Street to NW 63rd Street [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 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 Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff 13050 Chair Sanchez: Let's go on to the next item, which is item number 6. Item number 6 is an ordinance on second reading. Gregory Gay (Planner II): Chair, members of the Commission, Gregory Gay from the Planning Department. This is second reading for the creation of the Osun Village Cultural Specialty District allowing distance exceptions and alternative parking standards for establishing -- serving alcoholic beverages and containing a severability clause. This is basically to establish an entertainment cultural district, culture being the main focus of the creation of the district. We did have a modification between first and second reading, and basically, extending the district up to 63rd Street from where we had it at 60th Street. That was the only modification at this time, and we recommend passing -- approval of this. Chair Sanchez: All right. This is an ordinance on second reading. Is there a motion as amended? It's been modified? Mr. Gay: Yes. Chair Sanchez: Okay, as modified. Is there a motion? City ofMiami Page 24 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion -- Commissioner Gonzalez: Second. Chair Sanchez: -- by the district Commissioner, second by Commissioner Gonzalez. Before we open it up for discussion, is there anyone in the public wishing to address this item? We are on PZ.6. It's an ordinance on second reading. Anyone from the public? If not, for the record, the public hearing is closed, coming back to the Commission. Discussion on the item. I just have one record [sic]. Were we able to tie this into restaurants as serving foods? Mr. Gay: This is actually tied to a culture component, so there has to be some type of culture, either visual or performing arts -related, for this particular entity to have that type of activity. Chair Sanchez: All right. Okay, no further discussion on the item. It is on second reading. Madam Attorney, 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. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 4/0. PZ.7 08-01331zt ORDINANCE Second 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 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 CC Legislation (Version 2).pdf 08-01331 zt Exhbit A.pdf 08-01331zt Exhibit B.pdf 08-01331zt CC SR 01-29-09 Fact Sheet.pdf 08-01331zt-Submittal-Zoning Atlas. 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] City ofMiami Page 25 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 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 ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff 13051 Chair Sanchez: All right. We move on to PZ.7. PZ.7 is also an ordinance on second reading. Gregory Gay (Planner II, Planning Department): PZ.7 is also a creation of a cultural specialty center. It is to create the Lemon City/Little Haiti French Creole Cultural Arts and Entertainment District. There were modifications to the boundaries between first and second reading in relationship to this particular district as well, and it is allowing 20 establishments also related to culture so it has to be a visual or a performing arts -related culture component to this. There is -- we have been contacted by an attorney representing a property owner who wanted to have their property also included within the boundaries, so we are including one more additional property of record, which counsel will give a presentation in relationship to that, but we are in support of that -- Chair Sanchez: All right. Counsel -- Mr. Gay: -- being included. Chair Sanchez: -- as it is, this item or this ordinance on second reading, it's in front of us and it has been modified, and I think you're going to modify it even more. Lucia Dougherty: Yes. I thought we had modified -- Chair Sanchez: You're recognized for the record, counsel. Ms. Dougherty: Excuse me. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of David Wollack, who is the property owner that you did include in this last amendment and also Tim Hogle (phonetic), who is a restaurateur from Miami Beach. He owns the property directly across the sfreet, directly across 59th Terrace, which is this white building. In other words, Mr. Wollack's property is this one; Mr. Hogle's (phonetic) property is directly across the sfreet. And interestingly enough, Mr. Hogle (phonetic) also owns a restaurant in Miami Beach called Tanfra, and he also opened the very first vegan restaurant in Miami Beach. So this is also an ideal person to have as a owner of property in this district, and we congratulate you, Commissioner Spence Jones, on the opening of the cultural arts center, and we think that this would be a terrific inclusion in this district. Vice Chair Spence -Jones: I think -- for those that did attend last night's event was, I think, a smash. One of the things that would have been great is to have restaurants that would have been open. I think we had over 200 people that attended last night, and everybody wanted to know where to go eat. So I guess most of them went to Soyka's -- City ofMiami Page 26 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Ms. Dougherty: Exactly. Vice Chair Spence -Jones: -- on 54th, but -- I mean, these are the kind of things that we want to see happen because that brings jobs and stimulates the economy in the area. I just had one little, quick question, Greg. Can I -- I just want to confer with staff on something on this map. Maria J. Chiaro (Deputy City Attorney): This discussion relates to possibly including another portion of a block -- Vice Chair Spence -Jones: Yeah. Ms. Chiaro: -- in the map and so -- Vice Chair Spence -Jones: Right. I just want to -- Ms. Chiaro: -- that was the -- the discussion here had some markings on the map, but now it will be explained on the record -- Vice Chair Spence -Jones: No problem. Ms. Chiaro: -- what the discussion was. Vice Chair Spence -Jones: Thank you, Madam City Attorney, for keeping us straight. I just wanted to ask, really, City staff on it. My only question was -- because right behind the cultural complex there are several little galleries and studios right behind it that have been revitalized and, you know, that really would help also stimulate the area. My only question was just including that one block so it's just one consistent -- Mr. Gay: Okay. At the time when we did the analysis of the properties, we were not sure of their particular use at the time. Vice Chair Spence -Jones: Okay. Mr. Gay: Even though they were upgraded, we didn't know if they -- it had more of a -- Vice Chair Spence -Jones: Okay. I'll -- Mr. Gay: -- commercial use or something that may be more light industrial -oriented. If it is art or art -related, there should be no problem in modifying the boundaries to include those properties. Vice Chair Spence -Jones: So, Mr. Chairman, do I just do this on the record? Chair Sanchez: Well, somebody needs to -- for the point of clarification, we need to put on the record what we're extending, what portion. And you need to define very well the boundaries that you are extending in this ordinance because it is on second reading. Then I would like to hear from the City Attorney that it's not a significant modification for the record. Ms. Chiaro: The modification includes a portion of a block north of 59th. And then the discussion previous to -- that Ms. Dougherty made included a portion that was a block further -- a portion of a block further north of that. The drawing would better indicate it. It is not a substantial modification to the item before you and, thus, can be considered and passed on second reading if the Commission so chooses. Chair Sanchez: All right. So for the record, I think that the modifications have all been City ofMiami Page 27 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 explained as it is amended on second. The item is still under discussion. Anyone who wants to speak on the item? I'm going to address the item. I had some concerns the first time around, and I wasn't the only one. I think one of the other Commissioners or two other Commissioners had some concerns because we didn't want to have blocks and blocks and blocks of just bars. I think that doesn't bring good quality of what you want to accomplish in the neighborhood in Little Haiti. It's been amended to only 20 establishments and that could change, that could come back in two or three years if you've been successful in attracting good businesses and the area, in itself has a component where it ties into the arts and cultural aspect. These are the things that we should be doing in our neighborhoods. Because the City ofMiami, of course, the greatest resource we have is our people but, because of our diversity, we have an opportunity to have great neighborhoods and have people experience the things that we have here that many other cities throughout the United States will never be able to experience that. We have that here. And this, along with other things that are happening in Little Haiti, may create a destination where people would come and not only enjoy the arts and the cultural aspect of our diverse community, but also economic development for an area that has struggled for many, many years. So this has a win -win situation for everybody if you're able to accomplish it. And I'm -- not only am I a big supporter of economic development, I'm a big supporter of the arts, and I think this is a win -win situation for everyone. All right. It's an ordinance on second reading. Read the ordinance, followed by a roll call, as amended. Priscilla A. Thompson (City Clerk): Excuse me. I need a motion, please. Chair Sanchez: Oh, I thought that -- Vice Chair Spence -Jones: Well, this is the amended one, right? Chair Sanchez: All right. Vice Chair Spence -Jones: This would be amended with the location amendment. Chair Sanchez: Madam Clerk, you run the show here. We need a motion, you'll get -- Ms. Thompson: Yes. Chair Sanchez: -- a motion. Ms. Thompson: Yes, I do. Thank you. Chair Sanchez: Is there a motion as amended? Vice Chair Spence -Jones: Motion as amended. Chair Sanchez: By the Chair [sic]. Second -- Commissioner Gonzalez: Second. Chair Sanchez: -- by Commissioner Gonzalez. No further discussion. Ms. Thompson: Did you say the Chair or the Vice Chair? Chair Sanchez: The Chair cannot make a motion. You know that better than I do. Ms. Thompson: I just wanted to make sure 'cause I heard Chair. Chair Sanchez: You know, you're just doing this 'cause you just got back. City ofMiami Page 28 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Vice Chair Spence -Jones: She's doing her job. She knows what she's doing. Chair Sanchez: All right. For the record, the motion has been made by the Vice Chair -- Ms. Thompson: Thank you. Chair Sanchez: -- second by Commissioner Gonzalez, as amended 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. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 4/0. PZ.8 08-00400Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2744 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-004001u Analysis.pdf 08-004001u Land Use Map.pdf 08-004001u Aerial Map.pdf 08-004001u School Board Impact Analysis.pdf 08-004001u Application & Supporting Documentation.pdf 08-004001u PAB Reso.pdf 08-004001u CC Legislation (Version 2).pdf 08-004001u & 08-00400zc Exhibit A.pdf LOCATION: Approximately 2744 Southwest 7th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Rodolfo Lleonart, President, on behalf of Rollert Investments, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 21, 2008 by a vote of 5-3. See companion File ID 08-00400zc. City ofMiami Page 29 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 PURPOSE: This will change the above property to Restricted Commercial. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff Chair Sanchez: All right. The next item on the agenda -- Lucia Dougherty: Thank you very much. Chair Sanchez: -- is PZ.8 and PZ.9. PZ.8 is a companion of PZ (Planning & Zoning) -- no. PZ.9 is a companion of PZ.8. PZ.8 is an ordinance on first reading. You're recognized for the record. Harold Ruck (Planner II): Good morning. Harold Ruck, with the Planning Department. And as mentioned, PZ.8 is companion with PZ.9, zoning change. This particular item is for consideration on first reading, amending the Miami Comprehensive Neighborhood Plan, amending the future land use plan map for properties located at approximately 2744 Southwest 2nd -- 7th Street, excuse me, from medium -density multifamily residential to restricted commercial. Planning Advisory Board recommended approval of this item on May 21, '08. The Planning Department recommended denial, based on the fact that it's part of a low to medium residential neighborhood, and the requested change will represent an intrusion of commercial uses into the low- to medium -density residential neighborhood. Thank you. Chair Sanchez: All right. So what this does is, basically, it changes the above property to restricted commercial? Roberto Lavernia (Chief of Land Development, Planning Department): Yes, sir. Item number 9 is a companion item. It's the zoning change for the same property. The Planning Department recommend denial just for the commer -- potential commercial intrusion into residential, and the Zoning Board recommend denial too. Chair Sanchez: All right, but there's no specific project on that site. Mr. Lavernia: No, sir. Chair Sanchez: This is just a request to change the zoning. Mr. Lavernia: I think the applicant is planning to use it as parking, but again, the analysis is for the worst case scenario, not for the use that the applicant is proposing. Chair Sanchez: Okay. Mr. Lavernia: So we have no objection. Chair Sanchez: No matter what, whatever they're going to have to do, it would have to come back to the Commission? If they -- Mr. Lavernia: No. Chair Sanchez: -- wanted to build something on that site, they could just build it? Mr. Lavernia: They can just build it, yes, sir. They don't have to come in front of the Board, City ofMiami Page 30 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 unless that is a Major Use Special Permit, a huge project. Chair Sanchez: Okay. Sir, you're recognized for the record. Leandro Matos: Yeah. We were requesting for a change of denomination from R-3 -- Chair Sanchez: I need your name and -- Mr. Matos: Oh. Chair Sanchez: -- address for the record, please. Mr. Matos: My name is Leandro Matos, representing Rodolfo LLeonart, the owner of the property. Priscilla A. Thompson (City Clerk): I'm sorry. I didn't hear it. Mr. Matos: We were requesting a change of zoning from R-3 to C-1 because all the surrounding lots are classification C-1, and he wants to use it as a parking for the restaurant just on the side. Commissioner Regalado: Mr. Chair. Chair Sanchez: All right. Could you state your name again 'cause the Clerk didn't get your name. Mr. Matos: Leandro Matos. Chair Sanchez: Leandro Matos. All right. Commissioner Regalado: Mr. Chairman. Chair Sanchez: Need a -- well, let's get a motion and a second first. Is there a motion? Commissioner Regalado: I move to approve. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Second. Chair Sanchez: Okay, there's a motion by Commissioner Regalado, second by Commissioner Gonzalez. Discussion. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you. The area in question, the Planning Department said that they are -- they plan to use it as a parking. Actually, it's a parking right now. Chair Sanchez: It's a parking lot right now. Commissioner Regalado: In parking -- it's a parking right now. They just want to clarify. Now as to the intrusion, next to it, it's how many stories building, six, seven, the condominium? Mr. Matos: I think six stories. Commissioner Regalado: Six. Mr. Matos: Six -story building. City ofMiami Page 31 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Commissioner Regalado: Six stories. You're aware of that? Mr. Lavernia: Yes, sir, we are. It's a medium -density residential, and the building is complying with the -- Commissioner Regalado: No. I just said because you mentioned intrusion on residential, but immediately next to it is a six -story building. Mr. Lavernia: Yeah, but the building is built in an R-3, complying with that. Commissioner Regalado: I understand that. Mr. Lavernia: And the only thing that I said is intrusion of commercial uses. Commissioner Regalado: I understand that. So on second reading, they are bringing a covenant. That's my understanding on the briefing that I got yesterday, right? Pedro G. Hernandez (City Manager): Commissioner, that's what I heard Mr. Toledo mention at the briefing that we had, yes. Commissioner Regalado: Okay. So that's -- so it's fine. I think that if they want to legalize the parking that they're using as parking, it's fine by me, so I support this legislation. Chair Sanchez: All right, but are they proffering a covenant? Maria J. Chiaro (Deputy City Attorney): We have seen no covenant. If there is a covenant proffered, we haven't seen it. Chair Sanchez: What would the covenant be? Ms. Chiaro: That the -- Chair Sanchez: That they're going to use it for parking? Ms. Chiaro: -- change of zoning takes effect for use of parking only. Otherwise, this is a change to commercial and any commercial permits can be pulled for commercial property. Chair Sanchez: Okay. Are you prepared to proffer that covenant that you're going to use it for parking? Mr. Matos: Yes. Chair Sanchez: Okay. Can you say it on the record that the property's going to be used for parking? Mr. Matos: For parking. Chair Sanchez: So you're going to use the property for parking? Mr. Matos: Yes. Chair Sanchez: Okay. So he's proffered a covenant. Ms. Chiaro: Okay, so the document will be prepared for review before second reading, I City ofMiami Page 32 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 presume. Chair Sanchez: Absolutely, yes. This is first reading, so it must come back with a covenant on second reading. Okay. Mr. Matos: Okay. Chair Sanchez: All right. No further discussion on the item. It is an ordinance on first reading. It will come back to us, so let's -- Commissioner Gonzalez: I'm a little bit concerned -- Chair Sanchez: Okay, Commissioner. Commissioner Gonzalez: -- to the fact that I don't know if the gentleman, Commissioner, is a hundred percent aware of what a covenant is all about, and what's the restriction that they're going to have in that property, that it's going to be only -- that it's only going to be able to use it for parking now and forever. Commissioner Regalado: No, but the reason I mentioned that is because in the briefing yesterday, the -- Orlando Toledo said that they have met with them and they will proffer that covenant. That's all. Mr. Hernandez: But what it means is that if in the future, they want to do something else, they will have to come back through the Commission to remove the covenant. Commissioner Gonzalez: They'll have to come back to the Commission, but -- Commissioner Regalado: But this is a very simple thing as we stand now. What we have in front of us is -- they just want to legalize the parking. Commissioner Gonzalez: Exactly. Commissioner Regalado: That's all that there is to it. Commissioner Gonzalez: Yeah. Mr. Hernandez: Exactly. Commissioner Regalado: So -- Commissioner Gonzalez: And it has been a parking lot forever -- Chair Sanchez: Forever. Commissioner Gonzalez: -- so -- Commissioner Regalado: Yeah. Chair Sanchez: All right. So the covenant is a safeguard. It's -- Commissioner Gonzalez: All right. Chair Sanchez: -- not -- the safeguard here is that he is proffering a covenant, which they're going to use it for parking. If they're going to do commercial use, they will come back and City ofMiami Page 33 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 address that issue. It's very simple. Mr. Hernandez: Yes. Chair Sanchez: All right. Commissioner Regalado: Okay. Chair Sanchez: So make sure that on second reading -- Toledo, you want to put something on the record to clarify this to make sure there's no confusion? Because, apparently -- I don't think this gentleman is an attorney. He's just here representing the family. Orlando Toledo: Orlando Toledo, senior director of Building, Planning and Zoning. We could go as far as, in the covenant, stating that they could have parking and up to R-3, and at any time that they want to do anything with C-1, then they would have to come back to City Commission and remove the actual covenant. Chair Sanchez: All right. The beauty of this, it's first reading; it could come back on second reading with all those modifications and then we'll address them then, okay? All right. It's -- can we read the ordinance into the record, as amended, with the covenant, and then followed by a roll call. But before we do that, did I open it up to the public hearing? Ms. Thompson: Yes, sir. Chair Sanchez: Okay. Is there anyone else that would like to address this Commission on PZ.8 and 9? Seeing no one, the public hearing is closed. It comes back to the Commission. Read it into the record, the ordinance, followed by a roll call, as amended. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, as modified, 4/0. PZ.9 08-00400zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 33, 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 SPECIAL BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 2744 SOUTHWEST 7TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 34 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 08-00400zc Analysis.pdf 08-00400zc Zoning Map.pdf 08-00400zc Aerial Map.pdf 08-00400zc Application & Supporting Documentation.pdf 08-00400zc ZB Reso.PDF 08-00400zc CC Legislation (Version 2).pdf 08-004001u & 08-00400zc Exhibit A.pdf LOCATION: Approximately 2744 SW 7th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Rodolfo Lleonart, President, on behalf of Rollert Investments, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 9, 2008 by a vote of 5-0. See companion File ID 08-004001u. PURPOSE: This will change the above property to C-1 Restricted Commercial. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff Note for the Record: Please refer to item PZ.8 for minutes referencing item PZ.9 Chair Sanchez: Okay, PZ.9. PZ.9 is a companion item. Pedro G. Hernandez (City Manager): Right, and PZ.9 is the one that will require the covenant. Chair Sanchez: The covenant. Okay, is there a motion? Commissioner Regalado: Move it. Commissioner Gonzalez: Second. Chair Sanchez: Is there a second? Motion has been made by Commissioner Regalado, second by Commissioner Gonzalez. This is the ordinance that will require the covenant on second reading. We'll open it up to the public. 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. Any discussion on the item? If not, read the ordinance into the record, followed by a roll call on first reading. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. City ofMiami Page 35 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Chair Sanchez: All right. Well see you in second reading. Thank you. All right. We move on to PZ.10. PZ.10 08-00542Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3628 NORTHWEST 21ST COURT, MIAMI, FLORIDA, FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-005421u Analysis.pdf 08-005421u Land Use Map.pdf 08-005421u Aerial Map.pdf 08-005421u Letter of Intent.pdf 08-005421u Application & Supporting Documents.pdf 08-005421u PAB Resos.pdf 08-005421u CC Legislation (Version 2).pdf 08-005421u & 08-00542zc Exhibit A.pdf 08-005421u CC SR 02-26-09 Fact Sheet.pdf LOCATION: Approximately 3628 NW 21st Court [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Herminio San Roman, Esquire, on behalf of P.O.R. Investment, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 18, 2008 by a vote of 5-3. Also recommended that if the City Commission, at its discretion, accepts a covenant with a specific set of plans for this project and grants the land use change, the Planning Advisory Board has no objection, by a vote of 6-2. See companion File ID 08-00542zc. PURPOSE: This will change the above property to Restricted Commercial. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff Chair Sanchez: Madam Clerk, where are we at, PZ.10? Commissioner Gonzalez: PZ.10. City ofMiami Page 36 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Chair Sanchez: All right. PZ.10 is an ordinance on first reading. Harold Ruck (Planner II): Good morning. Harold Ruck, with the Planning Department. PZ. 10 is a companion item, also PZ.11, for a zoning change. This is an ordinance on first reading amending the future land use map of the Comprehensive Neighborhood Plan by changing the land use designation of the properties located at approximately 3628 Northwest 21 st Court from medium density multifamily residential to restricted commercial. Planning Advisory Board recommended denial to the Commission on June 18 of '08, but also, in this case, recommended that if the City Commission, at its discretion, accepts a covenant with a specific set of plans for this project and grants the land use change, the Planning Advisory Board has no objections. The Planning Department recommended denial based on the fact that parcels are part of the median density residential neighborhood, and the requested change would represent an intrusion of commercial uses into a medium density residential neighborhood. Land use policy 1-1 encourages a land use pattern that protects and encourages the quality of life of the City's residential neighborhoods. Thank you. Chair Sanchez: All right. Do you want to add something to that? Roberto Lavernia (Chief of Land Development, Planning Department): Yes, sir. Chair Sanchez: Okay. Mr. Lavernia: PZ.11 is a companion item. It's the zoning change for the same property. Planning Department is recommending denial and Zoning Board recommend denial. However, the applicant approached the Planning Department; he's willing to offer a covenant that this lot is going to be used only for parking, and more than that, the applicant is willing to, through the covenant, do the landscaping and the illumination of the facade of the existing building and illumination of the existing parking plus the no parking that he's going to (UNINTELLIGIBLE). We have been working with the applicant, and we have a draft covenant that has been reviewed by the Planning Department; it's going to be presented to the Law Department to be okay with the legal shape or form, and the applicant is willing to do that before second reading. Chair Sanchez: And then you would have no problem with the item, correct? Mr. Lavernia: No. Because -- Chair Sanchez: Okay. Mr. Lavernia: -- there's not going to be commercial intrusion, at all. Chair Sanchez: Okay. Counsel, you're recognized for the record. Herminio San Roman: Good morning, Mr. Chairman, members of the Commission, and staff. My name is Herminio San Roman, with offices at 12515 Kendall Drive. I'm here on behalf of P.O.R. Investments. As stated by staff we are requesting not only a master plan amendment change, but also a zoning change for a parcel located approximately 44 -- .44 acres and located north of 36 Street on 21 st Court. The purpose of this request is to provide additional parking for an existing building that should be open for a supermarket. The building is located right in the corner of 36th Street and 22nd Avenue. Right now we can open that supermarket; we have sufficient parking to meet Code requirements. However, we would like, in order to make not only better for us but also better for the neighborhood, provide additional parking. The request is that we have the parcels adjacent to the existing parcel submitted for a change to C-1 with a one-way out on 21 st Court. We have worked with the Department and agreed not only -- since the existing building and the present parking is not part of the application, but we agree to work City ofMiami Page 37 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 with the Department and get the build -- the existing building in what we call to enhance the area. We have provided new landscaping. We have provided what we call a fruit (UNINTELLIGIBLE) and tiles to enhance the building. Obviously, I think it will also enhance the area. We are willing to continue to work. This is what we have a rendering what we perceive it will look after we open that parking facility. We believe, once again, it will be beneficial to the area, and we will continue working with staff if approved by this Commission. Thank you very much. Chair Sanchez: All right. Is there anyone you want to bring up to speak on your behalf? Mr. San Roman: No, sir. Chair Sanchez: No? Okay. Yeah. Commissioner Gonzalez: They -- this project, it's in my district. It's a project that they've been working on for a long time. I have been driving by and seeing the project, you know, come to fruition; and a lot of things have been mentioned, but one fact has been omitted, and the fact is that on a circumstance like the one that we're going through now, people losing jobs, this company is going to create jobs because I believe it's going to be a Presidente supermarket, right? Mr. San Roman: That is correct, sir. Commissioner Gonzalez: I'll bet you that they will create no less than 60 or 70 jobs on this single site, or maybe more; so I think that's a plus, and I'm ready to support your project. So I'm making a motion to approve it. Chair Sanchez: Okay. You're making a motion based -- well, the covenant will come in the next item, so you're making a motion to approve the item? Commissioner Gonzalez: Yeah, right. Chair Sanchez: Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. The motion has been made by Commissioner Gonzalez. Before we discuss the item, it's a public hearing. Anyone from the public wishing to address this item, please step forward. You want to speak on the item, sir? You need to come up and state your name and address for the record. Good morning. Welcome to City Hall. Hugo Costa: Good morning. Commissioner Gonzalez: Good morning. Mr. Costa: Yes. My name is Hugo Costa, and I live there in that street,• and I want to talk against the project, some peculiar things. This is a peaceful street until now. It is only homes there until now. So last week we see a big machine coming there and begin to tear down all the buildings where they have the -- taking out the families. They begin to work without asking. I see that now they are -- be coming to do the approval of the thing, but how is it that they begin to tear down and taking out the families and tear down the buildings if they do not have the approval? I'm talking because if the parking is approved, we're going to have all the transit of the supermarket in our block and not that they're going to have shops. That's a good point. I have said that. But as I was hearing the -- I suppose that this is the City representative, or City ofMiami Page 38 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 something like that -- that it should be a covenant, and I don't see how the neighborhood is going to be protected of this massive transit of tracks and cars. Even the parting of the street floor is the worst of the neighborhood, but we can use it because it's only for us. But if all this transit begins, what is going to happen with this street that -- it's not maintained by the City. We have not seen any work there many years, and we have big holes in the street. We have speeding transit even now because many transit -- many cars take these shortcut to go out of the center that is in front of the supermarket. What is going to happen when they add this parking lot there in our neighborhood? So I want to put this points against the project. And I would like to know from the Commissioners how they say that they begin to work; they have not approving the parking. Chair Sanchez: Okay. Somebody will answer that question. That's got nothing to do with the -- Mr. Costa: Could be other -- maybe in a covenant with a City that -- Chair Sanchez: They're going to -- Mr. Costa: -- someone's going to maintain the speeding and the (UNINTELLIGIBLE) flow of the street. Chair Sanchez: All right. Thank you, sir. Mr. Costa: Thanks. Chair Sanchez: We'll go back -- is there anyone else from the public wishing to address this item? Okay. The public hearing is closed, and it comes back to the Commission. Commissioner Gonzalez: I imagine that when the gentleman said that you started working on the property, I imagine that what you did is probably demolish a building that you bought. Mr. San Roman: That is correct, and we have -- Commissioner Gonzalez: So -- Mr. San Roman: -- a proper demolition permit from the City. Commissioner Gonzalez: -- and you have permits, and you have everything to demolish the building, so -- One question that I have is can they include a buffer between the parking lot and the residential area? Chair Sanchez: Yeah, the covenant. Mr. Lavernia: It is included, the landscape buffer, between -- Commissioner Gonzalez: Okay. So -- Mr. Lavernia: -- the parking and the residential area -- Commissioner Gonzalez: -- they're going to have a buffer? Mr. Lavernia: -- and more than that, the plans that we reviewed, they have no direct access to the lot that they are changing. The access is through the other lot that is designated restricted commercial, and they only have way out; and the shape can -- they cannot make a left turn into the residential, so they can only go out. That's the provision -- City ofMiami Page 39 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Commissioner Gonzalez: So they will be exiting where, on 36th Sfreet and 22ndAvenue? Mr. San Roman: The exit -- Priscilla A. Thompson (City Clerk): I'm sorry; Mr. Roman, you need to be on the mike. Mr. San Roman: Oh, I'm sorry. Commissioners, this is an aerial photograph of the site and the present parking. What we're requesting is to have a right -turn only on 21 st Court, therefore avoiding -- if we don't have an exit here, the neighbors -- if you are existing our facilities, you have to go back onto the street and through the residential neighborhood. That's why we're requesting a right-hand exit only until -- from 21 st Court to 36th Sfreet -- Commissioner Gonzalez: Okay. Mr. San Roman: -- avoiding all the commercial parking. Commissioner Gonzalez: So what you're telling me is that you're going to have a one-way exit sign on the parking? Mr. San Roman: That is correct. As -- Commissioner Gonzalez: That was something that I was going to proffer -- Mr. San Roman: -- shown -- Commissioner Gonzalez: -- to see if -- Mr. San Roman: -- in the plan. Commissioner Gonzalez: Okay. Very good. Mr. Lavernia: And more than that, it's not only a sign; the shape -- Commissioner Gonzalez: The shape -- Mr. Lavernia: -- of the exit, you're not allowed to make a left turn. Commissioner Gonzalez: -- will force you to go -- Mr. Lavernia: Yes. Commissioner Gonzalez: -- one way? Mr. Lavernia: Yes, sir. Commissioner Gonzalez: Okay. Chair Sanchez: All right. Commissioner Gonzalez: I think we're all right. Chair Sanchez: Listen, I think the concerns that were presented by the neighbor have been addressed not only by the district Commissioner, but also by the counsel making the presentation. It is on first reading. They have made some proffers to address the facade, landscaping, the traffic, and the proper lighting. We could address those issues on second City ofMiami Page 40 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 reading. As it is right now, I think we're ready to vote on the item. We'll go ahead and have the City Attorney read the ordinance into the record, followed by a roll call. Maria J. Chiaro (Deputy City Attorney): This is PZ.10. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.11 08-00542zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) AMENDING PAGE NO. 19, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3628 NORTHWEST 21ST COURT, MIAMI, FLORIDA, WITH A COVENANT TO BE PROFFERED FOR CITY COMMISSION FOR FINAL APPROVAL; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00542zc Analysis.PDF 08-00542zc Zoning Map.pdf 08-00542zc Aerial Map.pdf 08-00542zc Letter of Intent.pdf 08-00542zc Application & Supporting Docs.pdf 08-00542zc ZB Reso.PDF 08-005421u & 08-00542zc Exhibit A.pdf 08-00542zc CC Legislation (Version 3).pdf 08-00542zc CC SR 02-26-09 Fact Sheet.pdf First Reading LOCATION: Approximately 3628 NW 21st Court [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Herminio San Roman, Esquire, on behalf of P.O.R. Investments, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 14, 2008 by a vote of 9-0. See companion File ID 08-005421u. PURPOSE: This will change the above property to C-1 Restricted Commercial. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 41 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff Chair Sanchez: All right. PZ.11, we've been through. It's just a companion. This is where we basically put the covenant in, and on the covenant, I think that you've heard from the Commissioners that we focused on a couple of things. One is that right -turn only coming out, which was proffered, and it'll be in the covenant; the facade, the landscaping, and the proper lighting, and to make sure that there's buffers between the parking lot and the adjacent -- Vice Chair Spence -Jones: Property owners. Chair Sanchez: -- property owners. Commissioner Gonzalez: Property owners. Chair Sanchez: Okay. Well still have an opportunity to review all this on second reading when it comes for a final vote, so is there a motion? Commissioner Gonzalez: Motion. Chair Sanchez: Motion by Commissioner Gonzalez accepting -- Commissioner Regalado: Second. Chair Sanchez: -- the covenant, second by Commissioner Regalado. It is an ordinance on first reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, hearing no one, for the record the public hearing is closed; coming back to the Commission. No further discussion, as it [sic] been amended with a covenant. 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. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, as amended, 4/0. Chair Sanchez: Can we do something, being that we're such good neighbors? Can we -- can someone from staff sit down with the gentleman and basically give him an idea of what the covenant involves, please. Herminio San Roman: Mr. Chairman, I will also like to meet with the neighbor. He never show up to the -- prior meetings, but we'll meet with the neighbor also. Chair Sanchez: I think there's just a lack of communication, my friend, okay? PZ.12 08-01419zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, SECTION 916, ENTITLED "INTERIM PARKING", IN ORDER TO REMOVE THE SUNSET PROVISION OF THIS SECTION, ADD A NEW FORM OF INTERIM PARKING, City ofMiami Page 42 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Votes: PROVIDE FOR NEW CRITERIA AND SPECIAL PERMIT REQUIREMENTS, AND ALLOW FOR TIME EXTENSIONS WITH REFERRALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01419zt Police Department Top Areas of Concern.pdf 08-01419zt PAB Reso.pdf 08-01419zt CC Legislation (Version 4).pdf 08-01419zt CC SR 02-26-09 Fact Sheet.pdf LOCATION: Citywide 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 December 3, 2008 by a vote of 6-0. PURPOSE: This will allow for the continuation of interim parking facilities by special permit with new requirements that will ensure compliance with minimum parking lot standards over a period of five years. Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff Chair Sanchez: All right. Where are we at, Madam Clerk? Priscilla A. Thompson (City Clerk): We're now on PZ.12. Lourdes Slazyk: For the record, Lourdes Slazyk, Zoning Administrator. PZ.12 is an amendment to Section 916 of the Zoning Ordinance regarding interim parking. The purpose of this amendment is to remove the sunset provisions that were put on this item several years ago. It's also tightening up the criteria for the interim parking facilities within the City. The history of this item is that the interim parking ordinance was placed in 11000 at the time that the American Airlines Arena was constructed so we could have these interim parking facilities to serve the arena. Several years after it was adopted, the -- Commissioner Teele, then -Commissioner for -- that sponsored the item was not happy with how the interim parking facilities were looking, so he sunset the ordinance, allowing only a one-year time extension for the existing parking lots in order to fry to bring them into compliance. The result of that has been that we have all these parking facilities out there, which are still operating because there's still a need. Since that time the Performing Arts Center has also opened, and the Entertainment District is in place. We need the parking facilities. We can't afford them all to disappear overnight. So we're resurrecting the interim parking ordinance, but with a lot tighter constraints as to the design, the lighting, the signage, the fencing, and the landscaping. We've been working with Code Enforcement and the Police Department. The representatives are here, who police this in that area; and we have a great list of all the requirements that are going to be made of these interim parking lots. What's going to happen is they're going to come in on an annual basis to renew their special permits. Each year when they come in, there will be mandatory referrals to NET (Neighborhood Enhancement Team) and Police; and the Police has a really good list, lot by lot, of what it is we want them to do to make the lot safe and to serve the purpose they were intended to serve. So that being said, we're resurrecting the item, and there are a couple little amendments that I need City ofMiami Page 43 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 to read into the record. Within the ordinance, there were a few cleanups made by our Law Department regarding the definitions and how the definitions are stated, just to clarify that each definition says the word "shall mean" so that as they're -- as we administer the ordinance, that's clean. We're also adding a sub -- a new -- sentence in Subsection 916.2.2 that says that the parking spaces -- the ordinance says they shall not count toward meeting the required parking on any major public facility. We're adding the words "unless the parking spaces are either owned, controlled, or under agreement for use by the major public facility it serves." This allows interim parking facilities that serve a major public facility to count toward their required parking, which would lessen the amount of asphalt and concrete on such facilities and give us a more green -looking perimeter to these major facilities. With that being said, it's been recommended for approval by the Planning Advisory Board, and the changes that I just put in the record will be in your drafts on second reading. Chair Sanchez: So moved. Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor? Commissioner Regalado: Discussion. Commissioner Gonzalez: Aye. Vice Chair Spence -Jones: Oh, no. First, I got to open it up for discussion. Is there anybody on -- in the audience that has an issue with this item? All right. I'm going to bring it back to the dais. Chair Sanchez: Discussion on the item. Vice Chair Spence -Jones: Is there any discussion on the item? Chair Sanchez: I would like to discuss the item for a minute. Vice Chair Spence -Jones: Okay. Chair Sanchez: This allows us an opportunity to work with the property owners that are using those properties as parking lots. Ms. Slazyk: Yes. Chair Sanchez: To formulate a time frame to be able to, one, improve those parking lots to make sure that they have asphalt, proper lighting, beautified, which right now they're not. Ms. Slazyk: Exactly. Chair Sanchez: So you have a process in place that each year they'll come back, they'll work with the Police Department as to what they need to be doing to improve those parking lots. Ms. Slazyk: The goal is within five years, to bring them into compliance. Chair Sanchez: Okay. Because you know what? These parking lots have served a purpose, but they're not the types of parking lot that we deserve in a downtown that we're frying to constantly move forward and improve, so I'm glad to see you're working with all those property owners to enhance and beautify and secure that area. City ofMiami Page 44 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Ms. Slazyk: Exactly. That was the whole purpose. Chair Sanchez: All right. Ms. Slazyk: Yes. Vice Chair Spence -Jones: You're recognized, Commissioner Regalado. Commissioner Regalado: Thank you. This is citywide? Ms. Slazyk: This is citywide for -- there are three types of these temporary interim parking. One is for special events. If you're going to have a special event and it's only two weeks, you can use a vacant lot for your parking. The second is the major public facilities. It's got to be within 600 feet of a major public facility, such as the Arena, the PAC (Performing Arts Center), and the Marlins Stadium eventually. And the third type is a special use. Commissioner Regalado: Excuse me. Is a church a public facility? Ms. Slazyk: No. It's not a government or institutional public facility. Commissioner Regalado: So it has to be a governmental? Ms. Slazyk: It -- well, in the special use ones (INAUDIBLE) -- special use, it's 600 -- it's 6 -- the distance is 600 feet of a major public facility, but for the special use district, it's a thousand foot radius. The special use disfricts are defined as entertainment disfricts, government facilities, or institutional uses whose scale and operation warrant the use of interim parking on a daily year-round use rather than special -event venues, like the Civic Center or hospital district or something of that nature that scale warrants it. A church, I don't think would qualify. Commissioner Regalado: Shopping center? Ms. Slazyk: Shopping center's not a -- doesn't qualify. Commissioner Regalado: A movie theater? Ms. Slazyk: No. If the Commission wishes to designate a specific -- Commissioner Regalado: No. I'm asking. Ms. Slazyk: -- district -- Yeah. The answer would be no. Commissioner Regalado: Okay, so -- but it's citywide? Ms. Slazyk: It's citywide. Commissioner Regalado: And the requirements will vary. One would need first, lighting. Ms. Slazyk: Correct. Commissioner Regalado: Another will need first, a fence; and another will need first, landscaping, right? Ms. Slazyk: Correct. Commissioner Regalado: Okay. I think it's important, but think that the same guarantees that City ofMiami Page 45 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 we offer -- and this is a very good ordinance because parking is a major problem, but there are areas in the City ofMiami that are having serious problems; parking for special events, you know, restaurants. And one example, in District 4, the flea market, is that a public facility? Ms. Slazyk: The flea market is not a public facility, but it could possibly be deemed to meet the test of what we're calling the interim special use areas -- Commissioner Regalado: Okay. So I would like to -- Ms. Slazyk: -- because of its scale. Commissioner Regalado: Right. Because of the scale, I would like to proffer an amendment that that kind offacility will be include on the second reading. Ms. Slazyk: Okay. Commissioner Regalado: And I'll tell you why. The Flagler Dog Track has a huge parking lot, but when it becomes a -- Ms. Slazyk: Flea market. Commissioner Regalado: -- flea market, then the space is taken by the flea market, then the customers park all over the residential area; and yet, there are empty lots -- Slazyk: That could be used for this. Commissioner Regalado: -- that could be used -- Ms. Slazyk: Yes. Commissioner Regalado: -- and that, of course, Code Enforcement is not allowing the persons to use that. So I would like, if the maker of the motion accepts, to include that kind offacility because that is a major -use facility. Ms. Slazyk: I think its scale is clearly in the intent of this, and we'll come up with some language for second reading on that. Commissioner Regalado: Okay. Ms. Slazyk: I agree. Chair Sanchez: As the maker of the motion, what is he referring to? Ms. Slazyk: It's for other facilities whose scale is large enough, like the flea market or something that big; that when the flea market is in place and those parking spaces are being used by the flea market, the parking tends to spill out into the neighborhood. There are vacant lots nearby that could be used for this interim parking, and he wants to clarify that those types of facilities would be included in the special use parking. Chair Sanchez: I accept the friendly -- Ms. Slazyk: Yeah. Chair Sanchez: -- amendment. City ofMiami Page 46 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Vice Chair Spence -Jones: So we had an amendment on it, Madam City Clerk? Priscilla A. Thompson (City Clerk): Yes. We do have a motion and a second. Vice Chair Spence -Jones: Okay. And this is an ordinance, right, Madam --? Ms. Thompson: It is. Chair Sanchez: Read the ordinance into the record. Maria J Chiaro (Deputy City Attorney): I'm sorry; I did not hear the last question. Ms. Thompson: There is a motion and a second on the floor. I think -- Vice Chair Spence -Jones: So we need you to read the ordinance into the record. Chair Sanchez: As amended. Ms. Thompson: Yes. Ms. Chiaro: It is. In the amendments as read on the floor were distributed and are a part of -- are included in that which I am reading now. They were distributed prior to this meeting. The version is included, and the Clerk has received copies. Ms. Thompson: And -- Ms. Slazyk: And we're making another amendment for second reading based on Commissioner Regalado's second, which was accepted by the maker of the motion. Ms. Chiaro: Okay. And we will make those corrections before second reading -- or we will include those before second reading. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Your roll call. Vice Chair Spence -Jones: Roll call. Chair Sanchez: Yes. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, as amended, 4/0. PZ.13 08-00541v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", TO ALLOW REDUCTIONS REQUIRED SETBACKS IN AN R-2 TWO-FAMILY RESIDENTIAL DISTRICT, TO ALLOW A FRONT SETBACK OF 17'0" (20'0" REQUIRED) AND A REAR SETBACK OF 0'9.5" (5'0" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3244 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, City ofMiami Page 47 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 WITH A VOLUNTARY CONDITION OF REMOVING ALL ILLEGAL UNITS FROM THE PROPERTY IN SIXTY (60) DAYS. 08-00541 v Analysis.PDF 08-00541v Zoning Map.pdf 08-00541v Aerial Map.pdf 08-00541vApplication & Supporting Docs.PDF 08-00541v Plans.PDF 08-00541v ZB Reso.PDF 08-00541 v Appeal Letter.PDF 08-00541vCC Legislation (Version 3).pdf 08-00541vCC Legislation (Version 4).pdf 08-00541v CC Exhibit A.pdf 08-00541v CC 01-29-09 Fact Sheet.pdf LOCATION: Approximately 3244 NW 3rd Avenue [Commissioner Michelle Spence -Jones - District 5] APPELLANT(S)/APPLICANT(S): Frank Bernadin, Owner FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the Variances. ZONING BOARD: Made a motion to approve, which failed constituting a denial of the Variances on September 22, 2008 by a vote of 3-4. PURPOSE: The approval of this appeal will allow less -front and rear setbacks than required. Motion by Chair Sanchez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Sarnoff and Regalado R-09-0048 Commissioner Gonzalez: PZ.13. Vice Chair Spence -Jones: PZ thir -- actually -- yeah, PZ.13. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.13 is an appeal of a variance. The variance was for front setback and rear setback. The request: three feet, three inches on the front; and four feet, two and a half inches on the rear setback. The Planning recommendation was for denial because there's no hardship to justify the variance. The Zoning Board also denied the petition, and this is an appeal. The Planning Department recommendation is to deny the appeal and deny also the variance. Thank you. Vice Chair Spence -Jones: Thank you, staff. We're going to open it up. I understand that there's -- the hearing is actually open, if there's comments on it. Andrae Faulkner: Okay. Good morning. Commissioner Gonzalez: Good morning. City ofMiami Page 48 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Vice Chair Spence -Jones: Good morning. Mr. Faulkner: My name is Andrae Faulkner. I'm an architect. I'm here representing the owner of the property, Mr. Frank Bernadin, pro bono. And my understanding in going through the process is that the two variances requested were denied, as the Planning staff said, that it's due to a hardship. But in reality, Mr. Bernadin bought this property about 20 years ago as is with grandfathered-in conditions. He has converted, or actually, enhanced the existing garage that was converted illegally before he bought it to a second unit. It is zoned R-2, so he's within his rights to do what he's doing. Commissioner Gonzalez: Right. Mr. Faulkner: But he's inherited some setback issues, which are the encroachment issues; and we lost a narrow vote, 3/4, at the Zoning Board, and we're here to appeal that, in essence, and to support that. I don't know ifI may introduce some graphics to show -- Priscilla A. Thompson (City Clerk): I'm sorry. Mr. Faulkner, we -- Vice Chair Spence -Jones: Yes. Ms. Thompson: -- have a microphone here. Mr. Faulkner: Yes. I'm going to basically present -- Vice Chair Spence -Jones: Excuse me, sir. She's going to give you a hand-held mike. Mr. Faulkner: All right. Thank you. I'm here to introduce some graphical evidence to support the efforts by Mr. Bernadin to improve the situation, so we have a before situation with very little landscaping and afterwards landscaping; and this is the condition here as it is now, and I think this encourages good neighborliness; and the hardship, again, is that it was grandfathered in. His hands are tied, but he has to legalize the property; so we need this as a necessary first step to get approval here, and then go back to Code Enforcement and tell them that we have been offered -- granted the variances, and then we will be able to legalize the garage conversion that was made illegally. Commissioner Gonzalez: So what you're requesting is three-inch? Mr. Faulkner: Excuse me? Commissioner Gonzalez: The variance is for three inches and two inches? Mr. Faulkner: The variances for the front is three feet. Commissioner Gonzalez: Three feet. Mr. Faulkner: Yes. Twenty feet is required, and seventeen feet is what we're able to give them. And the rear setback is five feet, and we're requesting a variance of four foot, two inches. And there is no fence between the two neighbors; they've landscaped it, and this communication to maintain the property. And the client has actually painted his structure to match the neighbor's structure so that there's a nice aesthetic between the two properties. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: I see staff wants to say something. I just want to -- City ofMiami Page 49 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Mr. Lavernia: I just want to clarify for the record that the analysis that was done by the Planning Department, following the Zoning write-up, did not include the legalization of the second unit. It was only for setback issues. Thank you. Vice Chair Spence -Jones: Okay. 'Cause one of the recommendations is that, based upon what staff has communicated -- and, Mr. Manager, maybe you can clear it up -- we continue the items until -- or this particular item until he removes the additional violations. To my understanding, there's additional violations outside of that? I see Code Enforcement pointing at stuff so -- I mean, I don't have a problem with continuing the item until Code Enforcement and staff works it out. I don't have a issue with it, butl -- Mariano, is there something you want to say because you look like you want to say something? Pedro G. Hernandez (City Manager): Mariano, go ahead. Mariano Loret de Mola: Loret de Mola, Code Enforcement director. This case started in 2005, okay. This case has four violations, which they comply in two of the violations. The violations of illegal unit is still open, okay, and the violation work without finalized permit is still open. There was an addition of seven feet to -- in which the illegal unit is located, okay, and there's no communication between the house and the legal -- all of those issues has not been corrected. So this case has gone in front of the Code Enforcement, and they had keep -- been given extension three times, okay, and we -- on the last time, the extension was not granted; therefore, there is a running fine right now on that property because the Board did not grant the extension on the last appeal. Mr. Faulkner: Can I respond, please? Vice Chair Spence -Jones: Yes, you may, sir. Mr. Faulkner: This is a classic case of chicken and egg, which one came first. In order to comply, you have to get one department's approval; and with the meetings and the schedulings, we were supposed to have been at this some time last year, and we were not able to make it, and so the extension was not granted for Code Enforcement. But we're making every effort to comply to legalize the property, and we would appreciate any support we can get because the communication between the neighbors is what we really want to have happen so that the neighborhood is unified, and it has a very nice aesthetic. If we have -- granted this approval, then we'll be able to go back to Code Enforcement and settle the issues outstanding with them, mitigate the fine, and as well as get the final completion of the building permit, which we cannot do without a Zoning approval. Commissioner Gonzalez: Yeah, but don't know if you understand that even if the variance is granted today -- Mr. Faulkner: Yes. Commissioner Gonzalez: -- you still have a problem of illegal units. Mr. Faulkner: Well -- Commissioner Gonzalez: You have to -- if the variance is granted, you have to solve the illegal unit problem, you know; and the second unit, if you have an R-2 zone and you have the right measurements and all that, you can legalize it, but that's a separate procedure. But first of all, in order to comply with the illegal unit, you have to remove the people, the family that is living there now. City ofMiami Page 50 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Mr. Faulkner: There's no -- excuse me. Commissioner Gonzalez: There's nobody living there? Mr. Faulkner: There's nobody there. That's been resolved a long time ago, over a year. COMMENTS OFF THE RECORD. Ms. Thompson: I'm sorry. Vice Chair -- Vice Chair Spence -Jones: Yes. Ms. Thompson: -- I can't -- Vice Chair Spence -Jones: We need -- everything needs to be on the mike -- Commissioner Gonzalez: Yeah. Mr. Faulkner: Yes, okay. But let me -- Vice Chair Spence -Jones: -- so if you're going to speak, it needs to be on the microphone. Mr. Faulkner: -- clarify what he's saying. Vice Chair Spence -Jones: Can I just ask this question? It just seems like there needs to be more discussion happening between -- Commissioner Gonzalez: Between the Administration and -- Vice Chair Spence -Jones: Right. Mr. Faulkner: Yes. I think so, too. Vice Chair Spence -Jones: So I would prefer to continue this item to give you a chance to work through this, and then my question becomes me continuing -- or us continuing this item, does this create an even bigger problem? Mr. Hernandez: Is there a running fine at this time? Commissioner Gonzalez: Yeah. The problem is they have a running fine. Mr. Hernandez: Okay, there's a running fine. Commissioner Gonzalez: You know, that's going to kill them. Vice Chair Spence -Jones: Yeah. Frank Bernadin: Can I say something? Vice Chair Spence -Jones: On the mike, sir. Mr. Hernandez: Sure. Mr. Bernadin: Why -- okay. The lane -- City ofMiami Page 51 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Ms. Thompson: First, we need your name, please. Vice Chair Spence -Jones: Your name. Mr. Bernadin: Okay. My name Frank Bernadin. I'm owner of the property. Vice Chair Spence -Jones: And address. Just say the address. Mr. Bernadin: 3244 Northwest 3rd Avenue, Miami, Florida 33127. Okay. Two time ago, in November, I got off work to come in here. They cancel. I got (UNINTELLIGIBLE). They cancel. I got -- I go downtown. I make appointment to give me extension on this month, on July 22. Okay, I got the appointment to come and see the Board, Commissioner board, January 22. Monday night, when they call me, they tell me the schedule change. I don't put attention because the -- to give me extension change. I think both change to Friday, 29. Now Monday, Mr. -- one of the Board call me. He said, Frank, I send you the letter. The letter come back to me. I remind you, you got appointment 29. I say, okay. To make sure, I go Tuesday. I go downtown on 7 floor. When I explain on the phone -- (UNINTELLIGIBLE) and they -- next, they told me, okay, I already got in line. I say no. (UNINTELLIGIBLE) I know I make a mistake because my mind I think both the schedule change for today. Thursday, 22nd, I don't -- I'm not sure. That's (UNINTELLIGIBLE) since I'm not sure the line open. It's not my fault because the change is schedule many, many time. Please. That's confuse me because I think both the schedule change for today, but only for this Commission change. That's how they (UNINTELLIGIBLE). Since I'm not coming -- they told me, since I -- you not show up, they open their line. That's the problem, but it's not my fault because they change it many, many time; but they call me and they say they change to 29. That's all. On my mind, I think for extension change too, but it's not change. That's how they -- Vice Chair Spence -Jones: Okay. Thank you, sir. Mariano, do you want to put something else on the record? I mean, I'm willing to grant the variance, butt want the violation to clear it up. So I don't know if there's a covenant, Maria, or anything that can be -- I mean, at least it would stop the violations. Mr. Hernandez: Commissioner, obviously, if you grant the appeal, you're legalizing the structure. However -- Vice Chair Spence -Jones: Even though I -- Mr. Hernandez: -- you still have the issue of the illegal unit violation, and that has to be cleared. I mean, there -- Vice Chair Spence -Jones: I mean, can we put a covenant, you know, to state that -- Mr. Hernandez: There could be -- Vice Chair Spence -Jones: -- there needs to -- Mr. Hernandez: It would have -- Maria's telling me that it should be a voluntary covenant, but that could be a covenant that, in essence, if this -- that the variance could be conditioned on the clearing up -- Vice Chair Spence -Jones: So it would be revoked. Mr. Hernandez: -- the illegal unit -- Vice Chair Spence -Jones: It would be revoked if he doesn't -- City ofMiami Page 52 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Mr. Hernandez: -- and if they continue to have an illegal unit, they will lose the variance. Vice Chair Spence -Jones: Okay. I mean, that's a compromise. Mr. Loret de Mola: I just want to clarify this one -- Vice Chair Spence -Jones: Are you okay with that, Mariano? Mr. Loret de Mola: -- for the records, all right? Commissioner Gonzalez: Mariano, let me ask you a question. They say that the unit is not occupied. Mr. Loret de Mola: Yeah, but the illegal -- Commissioner Gonzalez: No. Let me -- Mr. Loret de Mola: -- the rest of the things are not being corrected. Commissioner Gonzalez: But let me ask you, if they remove the sink from the -- if they remove the kitchen sink, they cap it, that will comply with the illegal unit, right? Mr. Loret de Mola: With the illegal unit, they have not communicated with the other facility. They have -- you're right, the sink and all of that, they have to do it, all right. But, still, they added up seven feet to that illegal unit. That's what the illegal unit is. Commissioner Gonzalez: Yeah, but you know, what I'm saying is in the case that the variance is granted, okay, that comply -- that will eliminate the problem of the setback violation, right? Mr. Loret de Mola: I mean, they there is also work without finalized permit. Commissioner Gonzalez: No, no. I know. That's another issue. Mr. Loret de Mola: So how -- I mean, this is my point. How they going to obtain for that illegal addition the seven feet on that building? They added up seven feet to that building. That's where the illegal unit is located. Vice Chair Spence -Jones: So you're saying, Mariano, the only way to handle that is knocking it down, basically? Mr. Loret de Mola: Now, in regard to the -- what the statement he made, on November 8 he was granted 60 days to January 6, '09. He requested another hearing on November 22, and he did not show up; and that's when the Board says, "This is it." Vice Chair Spence -Jones: Okay. But -- I guess my question, though -- and I guess maybe Madam City -- I mean, we -- because we need to resolve it. Either we're going to continue the item. But if we continue the item, you're going to continue to get fines, which I don't know if that's really helping anybody, you know. So the question becomes -- and I just want to ask Madam City Attorney, I mean, is your recommendation that we maybe perhaps have it -- I mean, I know they have to proffer the covenant, but at least there would be some activity happening. I mean -- Maria J. Chiaro (Deputy City Attorney): If -- City ofMiami Page 53 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Vice Chair Spence -Jones: -- if not, we're going to be up here all day trying to -- Ms. Chiaro: -- the applicant voluntarily agreed to remove the illegal unit violations as a condition to the variance, then the variance could be granted with the voluntary conditions. Mr. Faulkner: Let me make sure I understand that as an architect. We're asking here for the setbacks to be granted and provisional to having the illegal unit because I think the first time the inspector was there, the inspector noticed they were occupants there that alerted them to whether the property's legally permitted or not. It's R-2, so it's well within the client's rights to -- the owner's rights to have a second unit. The problem is the garage conversion that was done 20, 30 years ago met the building requirements and Code at that time for single-family structures. Now today's Code requires that the units be larger. So what I'm saying is if we can have them dis -- the owner dismantle the kitchen and the bathroom and the -- Commissioner Gonzalez: Well, you don't have to remove the bathroom. All you have to remove is the kitchen -- Mr. Faulkner: Yes. Commissioner Gonzalez: -- right? Mr. Faulkner: For now, yes. And then address that violation with Code Enforcement, and that'll give us the ability to walk into the Building Department to get a final permit for the legalization of the structure. Vice Chair Spence -Jones: Mariano, are you --? Mr. Loret de Mola: Commissioner, from the point of view of the illegal unit, the illegal unit is still existing over there, okay; and there was a ruling for the Code Enforcement Board that I don't think we can change it, all right, and that's a basic thing. We cannot change that. Now, if the building is not in compliance, that's another issue that I don't know how you can grant a variance if the building can never come into compliance. I mean, that's another issue. Vice Chair Spence -Jones: But, Madam City Attorney, you're saying that it can come -- I mean, we're only granting the variance if they come into compliance. Ms. Chiaro: The building can come into compliance. It's the use and the illegal units that are the problem. Mr. Faulkner: That's correct. Ms. Chiaro: And so if the petitioner agrees to condition the variance on not having an illegal use or an illegal unit, then the variance can be granted so long as the petitioner agrees to those conditions. Vice Chair Spence -Jones: Does the petitioner --? Chair Sanchez: Hold on. Do you understand what she said? Mr. Faulkner: Yes, I do. And what I'm -- Chair Sanchez: Okay. Mr. Faulkner: -- trying to follow up with is -- City ofMiami Page 54 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Chair Sanchez: Okay. Mr. Faulkner: -- the question is -- Chair Sanchez: That's the recommendation the City Attorney has given you, all right. Hearing that -- and I apologize that wasn't here; I had to go to the office and I had a -- nature called. The recommendation she's given you is something that could be worked out, okay? But here's one thing that have to say. Why is this item in front of us seeking a variance -- in front of this Commission -- when it's got violations from Code Enforcement, and Code Enforcement hasn't cleared them out? So now you're putting us in a situation where I don't mind supporting that, as long as it's a condition that they take care of the legal [sic] issue if we grant you the variance -- Mr. Faulkner: Okay. Chair Sanchez: -- with condition. Mr. Faulkner: Well -- Chair Sanchez: You don't take care of the legal [sic] unit, you don't get the variance. Mr. Faulkner: -- here's the situation, as I said, and, unfortunately, you were not here. We have a chicken -and -egg situation in that -- Chair Sanchez: I don't like chicken and eggs or the -- Mr. Faulkner: Well, neither -- Chair Sanchez: -- egg and the chickens. I don't like those conditions. Mr. Faulkner: All right. We've inherited a grandfather situation with the two units being there. It's an R-2 zoning, and the garage that existed there was converted into a rental with the Code in effect 20, 30 years ago, smaller. Today's Code requires a larger unit, and hence, the encroachment into the setback. What we're willing to agree to is if we can get the variance settled, then we can -- Chair Sanchez: No. I don't -- Mr. Faulkner: -- condition to the -- Chair Sanchez: Sir, I think that -- if we do that -- if we were to do that to you, the next PZ item we're going to have 150 people here that probably have the same situation that you're in. Based on the recommendation the Attorney's giving us, maybe that's the way to help you out. We could approve the variance on the condition that you will take care of the Code violation or the illegal unit that you have. If you don't take care of that, you're not going to get that variance. We grant variances here all the time, okay, but we can't grant that variance knowing that you have an illegal unit or have you have violations. Mr. Faulkner: Well, then -- Chair Sanchez: Subject to cleaning those violations, maybe we, through the legal advice that our brilliant attorney has given us, could support that. Mr. Faulkner: Yes. We agree with that, butl think we want to be very careful about -- she's talking about illegal use, which constitutes illegal unit. That's one aspect of it. The other aspect of it is the physical structure of the unit, so if it's encroaching into setback, we have to be granted City ofMiami Page 55 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 the waiver to allow us to keep the physical structure, but dismantle the illegal use of the unit. Chair Sanchez: You just answered -- Mr. Hernandez: Exactly. Chair Sanchez: -- you just said -- Mr. Hernandez: Yes. Chair Sanchez: -- what we want to accomplish here. We grant you the variance -- Mr. Faulkner: Right. Chair Sanchez: -- the structure stays -- Mr. Faulkner: Correct. Chair Sanchez: -- you must take care of the -- get rid of the illegal unit, and therefore, your problem is solved -- Mr. Faulkner: That's -- well, that's -- Chair Sanchez: -- as long as you take care of the unit. Now, if you don't and they go and inspect it and you still have that unit -- Mr. Hernandez: You lose the variance. Chair Sanchez: -- you don't have the variance. Mr. Faulkner: Okay. Just for the record, there is no occupancy of that unit right now, so therefore -- Chair Sanchez: It doesn't matter. Mr. Hernandez: No, but it -- Mr. Faulkner: What he's failed -- what the owner failed to do is call for a follow-up inspection. Chair Sanchez: It doesn't matter. Mr. Hernandez: It's still illegal, even if it's not occupied. Mr. Faulkner: All right. Fair enough, okay. Chair Sanchez: Okay? Mr. Faulkner: All right. Chair Sanchez: I will make the motion based on the recommendations that have been proffered by the City Attorney on the condition -- Ms. Chiaro: Actually, your motion needs to be based on the voluntary agreement of the applicant to remove the illegal -- any illegalities of the structure and any illegal use, and that has to be voluntarily proffered on the record; and I suggest that the City Commission give some City ofMiami Page 56 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 sort of time frame, you know, to remove it. Chair Sanchez: Sir, what time frame do you need? I know times are tough. Well, how much time do you need? Mr. Faulkner: Well, I believe we could accomplish this in 30 days, to call for an inspection -- Chair Sanchez: Sir, how 'bout if we give you 60 days? Mr. Faulkner: That's better. Chair Sanchez: Sixty days. With a condition of 60 days, all right. Madam Attorney, could you put that back on the record with 60 days? Ms. Chiaro: Within 60 days. Chair Sanchez: Yes. Ms. Chiaro: So the applicant has voluntarily agreed to the condition of the variances being granted that any illegal use or any illegal units will be removed within 60 days. Chair Sanchez: All right, so moved with those conditions. Vice Chair Spence -Jones: Second. Commissioner Gonzalez: All right. Chair Sanchez: You're acting as Chair. Commissioner Gonzalez: All in favor, say "aye." Ms. Thompson: May I, Chair? Chair Sanchez: Yeah. Ms. Thompson: I need to be clear and I need your record to be clear, so may I ask the City Attorney, the wording for the modified resolution, okay, granting the appeal -- Ms. Chiaro: Granting the appeal, thereby -- Ms. Thompson: -- affirming or reversing the decision. Ms. Chiaro: -- reversing the decision. Ms. Thompson: Thank you. Thereby denying or granting the variance. Ms. Chiaro: Thereby granting the variance. Ms. Thompson: Thank you. As -- Chair Sanchez: With the conditions. Ms. Chiaro: With a voluntary condition as stated on the record. Ms. Thompson: Thank you. City ofMiami Page 57 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Chair Sanchez: All in favor, say "aye." Commissioner Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. Mr. Faulkner: Thank you very much. Chair Sanchez: I'm taking your word, sir, 60 days. Mr. Faulkner: Thank you very much. Chair Sanchez: Okay. All right. And, Mr. City Manager, make sure we don't get any more of those cases coming in front of this Commission, unless they need to come in front of this Commission. These things could be worked out -- I don't think it's about enforcement -- I mean, I don't think it's about fining people; it's about, you know, getting them to comply. And if we do that, I mean, you're going to have people requesting -- coming in front of this Commission with variance issues, and it's going to create a problem for us. Mr. Hernandez: Mr. Chairman, I think what happened here is that when they were originally noticed, they unoccupied the unit, and then they filed before the Hearing Board; and then after that, they occupied the unit again, so there was a period where they had no violation and then they engaged in the use again of -- Chair Sanchez: Well -- all right. Teresita Fernandez (Hearing Boards, Executive Secretary): Mr. Chairman, what we usually bring to you or to the Zoning Board is variances, with violations, but the variance will cure that violation, but not with illegal units. We never bring an item with illegal unit. Chair Sanchez: Well, this one had an illegal unit. Ms. Fernandez: Well -- Chair Sanchez: That's my understanding, right? Ms. Fernandez: Like the Manager explained, there was a gap there. Chair Sanchez: And then what you're going to create is a presence [sic] where people are going to go, you know what, forget Code Enforcement; I justgo straight to the Commission, and we got to make sure we don't do that. All right, that takes care of that item. PZ.14 was continued. PZ.15 was also continued. There are no items from the Mayor. There is blue pages from District 1. No. District 2's item was deferred. I have none. District 4 Commissioner is not present. I don't believe he's got any. PZ.14 08-01083v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING OR GRANTING VARIANCES PURSUANT TO ARTICLE 19, SECTION 1901, ET. SEQ., FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT City ofMiami Page 58 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 REGULATIONS, C-1 RESTRICTED COMMERCIAL, TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE FOR REQUIRED OFF-STREET PARKING SPACES, TO WAIVE 13 OF THE REQUIRED 16 PARKING SPACES (GRANDFATHERED 3, PROPOSED 0) (NEW RESTAURANT USE); AND TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE FOR OPEN SPACE, TO WAIVE 1,290 SQUARE FEET, PROPOSED 1,192 SQUARE FEET (2,482 SQUARE FEET MINIMUM REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2898 BISCAYNE BOULEVARD, MIAMI, FLORIDA. 08-01083v Analysis.PDF 08-01083v Zoning Map.pdf 08-01083v Aerial Map.pdf 08-01083vApplication & Supporting Docs.PDF 08-01083v Zoning Write Up.PDF 08-01083v Plans.pdf 08-01083v ZB Reso.pdf 08-01083v Appeal Letter.PDF 08-01083v CC Legislation (Version 3).pdf 08-01083v CC Legislation (Version 4).pdf 08-01083v Exhibit A.pdf 08-01083v CC 02-26-09 Fact Sheet.pdf LOCATION: Approximately 2898 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): William Lane, Architect, on behalf of Global Elements, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the Variances. ZONING BOARD: Made a motion to approve, which failed constituting a denial on October 20, 2008 by a vote of 2-5. PURPOSE: The approval of this appeal will allow fewer parking spaces than required and more buildable area than allowed for a new restaurant. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, with Commissioner Sarnoff absent, to continue item PZ.14 to the Commission meeting currently scheduled for February 26, 2009. Chair Sanchez: Mr. City Manager, you're recognized for any items that the Administration would like to defer or the Commission, and then we'll open it up to the public for deferrals. Pedro G. Hernandez (City Manager): Mr. Chairman, thank you. Based on conversations with the District 2 Commissioner, I would like to defer PZ.14 and 15. The District 2 Commissioner has asked that those be deferred -- that those be continued to the next Planning and Zoning meeting. Chair Sanchez: OK. Mr. Hernandez: That's PZ.14 and PZ.15. City ofMiami Page 59 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 "[Later...]" Chair Sanchez: All right. We also need a motion for PZ.14 and 15. Commissioner Gonzalez: Motion. Chair Sanchez: Motion has been made by Commissioner Gonzalez, second by the Vice Chair. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PZ.15 08-00872ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY ROBERT MIESSLER AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED WITH A CONDITION A CERTIFICATE OF APPROPRIATENESS FOR THE AFTER -THE -FACT INSTALLATION OF A ROLL -DOWN SHUTTER, FOR THE INGRAHAM BUILDING, LOCALLY DESIGNATED AS A HISTORIC LANDMARK, LOCATED AT APPROXIMATELY 25 SOUTHEAST 2ND AVENUE, MIAMI, FLORIDA. 08-00872ha Appeal Letter & Supporting Documents.pdf 08-00872ha Zoning Map.pdf 08-00872ha Aerial Map.pdf 08-00872ha HEPB 07-01-08 Fact Sheet.pdf 08-00872ha Application for Certificate of Appropriateness.pdf 08-00872ha CC Legislation (Version 2).pdf 08-00872ha CC Legislation (Version 3).pdf 08-00872ha CC 02-26-09 Fact Sheet.pdf LOCATION: Approximately 25 SE 2nd Avenue [Commissioner Marc David Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): Robert Miessler, Vice -President, on behalf of New Victors Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with a condition* of the Certificate of Appropriateness. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved with a condition* the Certificate of Appropriateness on July 1, 2008 by a vote of 7-0. *See supporting documentation. PURPOSE: The approval of this appeal will allow the after -the -fact installation of a roll -down shutter at the Ingraham Building. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, with Commissioner Sarnoff absent, to continue item PZ.15 to the Commission meeting currently scheduled for February 26, 2009. City ofMiami Page 60 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Note for the Record: Please refer to item PZ.14 for minutes referencing item PZ.15. END OF PLANNING AND ZONING ITEMS City ofMiami Page 61 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 09-00062 DISCUSSION ITEM DISCUSSION ABOUT THE PLETHORA OF HOMELESS WHO ARE CURRENTLY LIVING UNDER THE JULIA TUTTLE CAUSEWAY. THE JULIA TUTTLE CAUSEWAY IS ALSO KNOWN AS THE 41ST STREET CAUSEWAY. IT APPEARS MORE THAN 32 PEOPLE CONTINUE TO LIVE UNDER THE OVERPASSES ON THE CITY OF MIAMI SIDE OF THE CAUSEWAY. AND IT APPEARS AT LEAST TWO VANS REGULARLY PARK AT THE OVERPASSES, APPARENTLY FULL-TIME. CONSTITUENTS HAVE WITNESSES TENTS. WE UNDERSTAND THERE ARE NO BATHROOMS AND THERE IS NO ELECTRICITY. THE JULIA TUTTLE/41ST STREET CAUSEWAY IS A MAJOR PUBLIC ENTRANCE INTO THE CITY OF MIAMI. WHO IS LIVING UNDER THE OVERPASSES? WHO OWNS THE PROPERTY? WHO IS IN CHARGE? WHAT CAN BE DONE? 09-00062 Email.pdf 09-00062-Submittal-PowerPoint Presentation -Commissioner Sarnoff.pdf 09-00062-Submittal-Commissioner Sarnoff.pdf DEFERRED Item D2.1 was deferred to the Commission meeting currently scheduled for February 12, 2009. END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ City ofMiami Page 62 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES NON -AGENDA ITEMS NA.1 09-00101 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE REGULAR CITY COMMISSION MEETING, CURRENTLY SCHEDULED FOR APRIL 9, 2009, TO BE HELD ON APRIL 2, 2009 AT 9 AM. Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Sarnoff and Regalado R-09-0050 Chair Sanchez: Before we go to the consent agenda, there's one housekeeping that we have to take care of pertaining to our meetings -- upcoming meetings. On April, if I'm not mistaken, the meeting that falls on April 9, if I'm not mistaken, is Passover, so we have to change that. I think we've always done that. Although one Commissioner is not present, what we'd like to do is maybe check with all your schedules so we'll change the date for that Commission meeting. Plenty of time, plenty of time to properly advertise. I think that we could change the date. So get back before we're done with this agenda with a date. Maybe someone from Commissioner Sarnoffs office can find out when he is available so we can select a date and change the date for that Commission meeting. "[Later...]" Chair Sanchez: All right, one last housekeeping. We wanted to change the date from April 9. I think that the City Attorney has -- I'm sorry; the City Manager has talked to all the Commissioners, and we're going to change the Commission meeting from April 9 to April 2. Need a motion. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by the Vice Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. NA.2 09-00028a RESOLUTION City ofMiami Page 63 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 District 5- Vice A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING THE MINI Chair Michelle PARK LOCATED AT NORTHWEST 62ND STREET AND 12TH AVENUE, Spence -Jones MIAMI, FLORIDA, TO "SHERDAVIA JENKINS PEACE PARK;" DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTION NECESSARY TO EFFECTUATE THE RENAMING OF SAID PARK. 09-00028a-Leg islation. pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Sarnoff and Regalado R-09-0049 Chair Sanchez: And District 5. Vice Chair Spence -Jones: Yes. Chair Sanchez: You're recognized for the record. Vice Chair Spence -Jones: Thank you so much, Mr. Chairman. Apparently, Mr. Manager, this is an item that we had requested from in the last City Commission meeting that did not get placed on the agenda, but I appreciate -- Pedro G. Hernandez (City Manager): Right. At the last Commission meeting, there was a pocket item that was taken up by the Commission directing the City Manager to proceed with the -- or prepare an action item for the renaming of the -- Vice Chair Spence -Jones: Sherdavia. Mr. Hernandez: -- minipark at 62nd Street and -- Vice Chair Spence -Jones: Well, I want to thank the staff -- I want to thank the City Manager and the Commission for supporting me in naming this minipark. This is on MLK (Martin Luther King) Boulevard. I know you guys remember the nine year old that got shot and killed in Liberty Square. She was extremely bright student. FCAT (Florida Comprehensive Assessment Test) ranked highest in her class, and unfortunately, she -- her life was taken out with a bullet, so one of the things the residents wanted to do with one of our existing little miniparks is to name that the Sherdavia Jenkins Peace Park; so I would just like to have support on that item. There's a resolution. You should have received it already. Commissioner Gonzalez: Is that a motion? Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion and a second on resolution -- this has no fiscal impact to the City whatsoever. Mr. Hernandez: No. Vice Chair Spence -Jones: No. This -- Chair Sanchez: But it is a good thing to do. All right. All in favor, say "aye." City ofMiami Page 64 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 NA.3 09-00105 District 5- Vice Chair Michelle Spence -Jones The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. "Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO CREATE THE "CIRCLE OF BROTHERHOOD TASK FORCE," TO ADDRESS THE CRISIS SURROUNDING THE YOUTH VIOLENCE IN DISTRICT 5. 0900105-Submittal-Commissioner Spence-Jones.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Sarnoff and Regalado R-09-0051 Chair Sanchez: Any further pocket items? Vice Chair Spence -Jones: Yes. This is the one that's going to be attached to this. You should have received it already. It's the Circle of Brotherhood Taskforce. As you know, unfortunately, this past Friday in my disfrict, nine people were shot, two were killed; and the situation is really become out of control in my district regarding law enforcement and the violence that's happening amongst the youth. We created -- I don't know if you remember this taskforce that we had around Shantytown with neighborhood residences, churches in the area, and it was very successful. We were able to get people placed, we were able to rehab units; all of that because the community came together to address the problem around homelessness and housing. Well, we want to do the same thing for a taskforce called the Circle of Brotherhood Taskforce, and its focus is really to pull together key organizations and businesses in the area to begin to look at the issue of youth violence and what we must do to address what's happening to our young people. The same kind of taskforce, but we just feel like the problem needs to be addressed by the people in the community within -- in order to handle it. This particular incident was stemmed from a gambling situation on the block. There were at least 20 or 30 people gambling on that block, on 71 st Street and 15th. And I've already expressed my concerns, Mr. Manager, and have met with Police Department and Code Enforcement regarding us creating as a part of this some sort ofgambling quality of life initiative that this group would also be responsible for working with. It's all in this resolution, but unfortunately, I have a lot ofgambling little -- and you've done a great job, Commissioner Angel Gonzalez, regarding your quality of life taskforce, and it really shut down a lot of these -- that illegal activity that you have going on. Unfortunately, I can tell you all the gambling spots in my disfrict. I mean, Little Haiti, Liberty City, Overtown. We know where they are. So to me, there's become this complacentness [sic] around us not addressing it from, I don't know, a community perspective, from a law enforcement perspective. Maybe, perhaps, my district just has so many shootings and so many other things going on, you know, to stop somebody from gambling has not become, you know, number one on the list. But to me, I think, with the Police Department and all of the communities, folks working together, we can begin to report this issue of illegal gambling happening on our streets, and hopefully, prevent some of the violence that goes along with that. And that is the only thing. I would like to move this item. If there's any -- Commissioner Gonzalez: Second. Vice Chair Spence -Jones: -- questions on it? City ofMiami Page 65 Printed on 2/18/2009 City Commission Meeting Minutes January 29, 2009 Commissioner Gonzalez: Second. Chair Sanchez: No. There's a motion by the Vice Chair and second by Commissioner Gonzalez. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. MOTION A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioners Sarnoff and Regalado absent, to adjourn today's meeting. Chair Sanchez: Ladies and gentlemen, that concludes the City ofMiami Commission; need a motion to adjourn. Motion is made by the Vice Chair, second by Commissioner Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Thank you very much. Ladies and gentlemen, this concludes the City ofMiami Commission. Have a good day. City ofMiami Page 66 Printed on 2/18/2009