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HomeMy WebLinkAboutCC 2009-08-06 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, August 6, 2009 2:00 PM SPECIAL MEETING 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 August 6, 2009 2:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE ORDER OF THE DAY Present: Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones Absent: Commissioner Gonzalez On the 6th day of August 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 special session. The meeting was called to order by Chair Sanchez at 2: 14 p.m., recessed at 8:25 p.m., reconvened at 8: 36p.m., and adjourned at 9:25 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Pamela Burns, Assistant City Clerk Chair Sanchez: Now we move on to the meeting that has been called, which is to deal with Miami 21. We're here today because of the Mayor, who has the charter powers to call a special meeting; that has been called, so we're calling that meeting to order. Please rise as we -- for the invocation, followed by the pledge of allegiance. Invocation and pledge of allegiance delivered. Chair Sanchez: All right, the order of the day is the items that are in front of us. This is a special meeting being held here at the City ofMiami Commission chambers. Once again, the meeting was called to order, 3500 Pan American Drive. Those that are in attendance: The Mayor, Manny Diaz; the Chair, Joe Sanchez; Vice Chair Spence -Jones. Commissioner Gonzalez is not with us and will not be joining us, it is my understanding. We have Commissioner Marc David Sarnoff, Commissioner Tomas Regalado. We have with us here our City Manager, Pedro Hernandez; our City Attorney, Julia [sic] Bru; and we have our City Clerk present also. At this time, 171 turn it over to the City Attorney to follow -- the procedures should be followed in this special meeting. Madam Attorney, you're recognized for the record. Julie O. Bru (City Attorney): Good afternoon, Mr. Chairman, members of the Commission, Mr. Manager, Madam Clerk, and members of the public. This is a special meeting to consider items related to Miami 21, the new zoning Code for the City ofMiami. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for the item on the agenda is available during business hours at the City Clerk's office and online at wwwmiamigov. com [sic]. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of item. No cell phones or other noise -making devices are permitted in the Commission chamber. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meeting. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. Thank you, Mr. Chairman. Chair Sanchez: All right, thank you. Before we go on with the items that have been properly advertised, I want to take this point of privilege to ask the City Manager and the City Attorney, Madam Attorney, are we -- are all these items that are in front of us are properly before us? Ms. Bru: Mr. Chairman, the items that are before you have been properly noticed and advertised, and they are before you properly. City ofMiami Page 2 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: And have we complied with all the legal requirements so that we could take this agenda and move forward with it today? Ms. Bru: I believe you have. Chair Sanchez: Okay. At this time, what we're going to do is we're going to set the process for the meeting today, which I think that we have a lot of individuals here that want to speak. What we want to do is, for the public hearing, we're going to allow a maximum offive minutes of testimony from attorneys and officials representing groups or homeowners. Other than that, individuals will have two minutes to address the Commission. When you come up, just make sure that each and every one of you that will speak have checked in with the City Clerk. Have we done that, Madam Clerk? Pamela E. Burns (Assistant City Clerk): Yes, they have. Chair Sanchez: How many speakers do we have registered to speak? We're working on that? Ms. Burns: We have in excess of 30, at least -- Chair Sanchez: All right. Ms. Burns: -- right now. Chair Sanchez: Testimony will go uninterrupted, and the only thing that we ask is if you do have a question, that we give ample opportunity to the staff to answer those questions. There will be comments; you'll have the time to put them on the record, and with that process, we should have a very good meeting, and hopefully, we'll be out of here before -- I cannot predict, but it's going to be a long meeting today, but it's an important meeting. So at this time, what I'd like to do is -- we'll go ahead and turn it over to the City Manager, and he'll go ahead and have the Administration andl think the Mayor would speak on the item, and then we will present -- the City will present Miami 21, and then we'll go ahead and have ample opportunity and due process allowed for all those who want to speak through this legislative body. City of Miami Page 3 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 ORDINANCES Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. SP.1 06-02095 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIAMI TO ADOPT A NEW ZONING CODE TO BE KNOWN AS THE "MIAMI 21 CODE", INCLUDING DEFINITIONS, GENERAL PROVISIONS WHICH ALSO INCLUDE THE ADOPTION OF THE MIAMI 21 ATLAS FOR THE ENTIRE CITY OF MIAMI, REGULATIONS GENERAL TO ZONES, STANDARDS AND TABLES, REGULATIONS SPECIFIC TO ZONES, SUPPLEMENTAL REGULATIONS, PROCEDURES AND NONCONFORMITIES, AND THOROUGHFARE GUIDELINES; REPEALING ORDINANCE NO. 11000, AS APPLICABLE, AND REPLACING IT WITH THE MIAMI 21 CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 06-02095 PAB 04-18-07 Reso.PDF 06-02095 PAB 12-17-08 Resos.pdf 06-02095 Miami River Commission Recommendations.pdf 06-02095 PAB 01-07-09 Resos.pdf 06-02095 CC FR Legislation (Version 4).pdf 06-02095 Exhibit A (Miami 21 Code).pdf 06-02095 Exhibit B (Miami 21 Atlas).pdf 06-02095 CC FR 08-06-09 Fact Sheet.pdf 06-02095-Submittal-Santiago Echemendia.pdf 06-02095-Submittal-Miami River Commission.pdf 06-02095-Submittal-Carter McDowell 1.pdf 06-02095-Submittal-Carter McDowell 2.pdf 06-02095-Submittal-Carter McDowell 3.pdf 06-02095-Submittal-Peter Thomas.pdf 06-02095-Submittal-Letter of Endorsement -Dr. Charles C. Bohl.pdf 06-02095-Submittal-Ben Fernandez.pdf 06-02095-Submittal-Lucia Dougherty.pdf 06-02095-Submittal-Steven Wernick.pdf 06-02095-Submittal-Bennett Pumo 1.pdf 06-02095-Submittal-Bennet Pumo 2.pdf 06-02095-Submittal-Grace Solares 1.pdf 06-02095-Submittal-Grace Solares 2.pdf 06-02095-Submittal-Barry Sharp.pdf 06-02095-Submittal-Emails-Dean Lewis.pdf 06-02095-Submittal-Dean Lewis.pdf 06-02095-Submittal-Downtown Development Authority.pdf 06-02095-Submittal-Miami 21 Document.pdf 06-02095-Submittal-Andrew Dickman.pdf 06-02095-Submittal-Steve Hagen.pdf 06-02095-Submittal-CNU Florida.pdf 06-02095-Submittal-Barbara Bisno.pdf LOCATION: Citywide City of Miami Page 4 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On March 5, 2007, unanimously found the draft "Miami 21" East Quadrant to be consistent with the Miami River Corridor Urban Infill Plan, subject to conditions*. Also, on January 5, 2009, by a vote of 11-0, found the revised draft "Miami 21" to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, subject to conditions*. PLANNING ADVISORY BOARD (PAB): Recommended approval with conditions* of the Miami 21 Code and East Quadrant to City Commission on April 18, 2007 by a vote of 7-2. The PAB also recommended approval with conditions* to City Commission on December 17, 2008 of revisions to the Miami 21 Code since the April 18, 2007 vote. On January 7, 2009, the PAB also recommended approval with conditions* of the Miami 21 Atlas on each of the three remaining quadrants (North, West and South). *See supporting documentation. PURPOSE: This will adopt the new "Miami 21 Code" and the "Miami 21 Atlas" for the entire City of Miami. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS FAILED by the following vote. Votes: Ayes: 2 - Commissioner Sarnoff and Spence -Jones Noes: 2 - Commissioner Sanchez and Regalado Absent: 1 - Commissioner Gonzalez Direction by Commissioner Sarnoff to the City Attorney to provide written documentation as to whether parallel zoning codes can be instituted in the City for a transitional period of time. Direction by Vice Chair Spence -Jones to the Administration to obtain in writing verification from the Miami -Dade County property appraiser that property taxes received by the City will not be adversely impacted by the implementation ofMiami 21. Direction by Vice Chair Spence -Jones to the Administration to provide a written fiscal analysis detailing all associated costs on the implementation ofMiami 21. Chair Sanchez: Mr. -- Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, good afternoon. Chair Sanchez: -- Manager, you're recognized for the record. Mr. Hernandez: Today we have before you the first reading of the Miami 21 Ordinance, the new Zoning Code for the City ofMiami. The City Mayor, Manny Diaz, will do the introduction, and we have our consultant, DPZ (Duany Plater-Zyberk), available to provide the information on the technical aspects, as well as our staff. Chair Sanchez: And once again, there will be no dialogue with the staff. Questions will be answered, but there'll be no dialogue with the staff okay. Mr. Hernandez: Mr. Mayor. City ofMiami Page 5 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Mr. Mayor, you're recognized for the record. Mayor Manuel A. Diaz: Good afternoon, Mr. Chair, Madam Vice Chair, and members of the Commission, all residents ofMiami who are here, and all who are watching this very important day. We started with an idea, all of us, together, a few years ago started with an idea, borne of a desire and the need to plan for our future, to realize our collective visions for a better city, a city where we preserve the valuable elements of our past, where we respect the unique character and enhance the elements of our neighborhoods, where we support future environmental and economic sustainability. What brings us here today does not result from the most recent development boom but from the growth that spans the breadth of our City's 113 year history. What we are attempting to accomplish today is not an easy task. Some will, no doubt, be disappointed should Miami 21 be approved. But assure you that a vote to support Miami 21 will be a radical departure from our City's past, a past that has been exemplified by a philosophy of build now and plan later. It is the philosophy of those who place personal and economic concerns over the public good, of those with a vested interest in keeping a Zoning Code that very few understand and that we all know is broken. Now is the time to rid our city of a code that places the special interest over the people's interest. Miami 21 is everyone's plan. Miami 21 does not belong to the Mayor, to the Commissioners, to staff or to our consultants. Miami 21 belongs to the people ofMiami. It is not a code written by lawyers and special interests that only lawyers and special interests can understand. It is a plan written by all of the people who have participated in the over 500 meetings and our website with a quarter of a million unique visitors, over 4,000 subscribers, and 7 million hits over the course of the last four years. It is the most democratic planning document in our city's history and, perhaps, in the history of any other city. The people ofMiami have spoken, and their voice is reflected in front of you today, and focuses on three important goals in Miami 21. One is the protection of our neighborhoods; number two, the enhancement and the livability of our neighborhoods; and finally, achieving environmental and economic sustainability. Miami 21 will protect our neighborhoods through its use of successional zoning that promotes controlled and planned growth. Miami 21 will no longer focus on a specific piece of land; rather, future zoning decisions must be made in the context of the surrounding neighborhood. Zoning changes will only be considered twice a year, preventing the struggles that we witnessed monthly in these very chambers where, most often than not, those who can afford to hire those that know the Code win, while our neighborhoods and our people and our city often lose. Miami 21 takes into account the entire neighborhood with emphasis on the preservation of historic community assets, preservation of neighborhood scale, integration of needed density transitions for protection of low -density residential neighborhoods, and the reduction of floor plates for multifamily residential and commercial high-rise buildings. Miami 21 design requirements ensure compatibility with our neighborhoods, preventing many of the offensive buildings, McMansions, and big -box stores that can now go up as -of -right without any review. Miami 21 also eliminates the current practice where you can use land way outside the lot that you own and count it towards building higher. These and many other protections will bring us neighborhood zoning decisions that we all want and make sense. Miami 21 will enhance the qualities of neighborhoods that -- to make them come alive, to give them a sense of community, a sense of place, like most planned cities, paying attention to streetscapes and stoops and driveways, tandem parking, the width of a garage, setbacks, and bringing back the front porch, creating places that produce a significantly higher quality of life by showing us what we can do rather than what we cannot do. Miami 21 encourages growth that is desired rather than coerced through zoning variances. It shows us what we want our streets, our neighborhoods, and our City to look like, creating an atmosphere that encourages walking, cycling, and personal interaction. It will get rid of the current practices that blight our Streets and make them uninviting to our people. Parking uses will be lined with residential or commercial spaces that help enhance and support the development of our commercial corridors. Buildings will be placed at the Street edge rather than setting them behind a sea of surface parking, enhancing our City's sense of place. It requires active ground floor uses that animate our streets, create a sense of safety, minimize conflict, and finally, yes, finally, making the public realm pedestrian friendly. City ofMiami Page 6 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Miami 21 respects people and encourages our ability to live among one another in places that are designed to make interaction easier and make our sense of community stronger. Equally as important for our future, Miami 21 supports the continued economic and environmental sustainability of our City. Ensuring a sustainable future means we must plan our city not around cars, but around our residents. Miami 21 reflects a growing desire among our residents for a lifestyle that includes vibrant mixed use, live -work, and walkable communities with varied transit choices, a lifestyle not allowed by our current Code. Ask yourselves why is it that if we live in a city with an enviable year-round climate, no one likes to walk? It's not that it's too hot. We've been to places like New York and Washington and Chicago and know that they all have very hot summers, but they also have beautiful, active, and inviting Streets to enjoy, wider sidewalks, inviting frontage, shade trees, bicycle lanes, alternative and viable transportation, green and civic spaces, and even consideration of how light and air interact with the Street below; will not only invite us out of our cars, but promote the walking experience, creating Streets and neighborhoods that respect and are centered around people. Miami 21 also affects physical space through green building techniques that bring energy conservation and promote greater use of open public and civic spaces. The public benefits program also recognizes that Miami's continued economic well-being requires a wide range of housing choices at prices that are accessible to individuals at all income levels. This element ofMiami 21 seeks to encourage the development of communities that are reflective of Miami's rich, racial, ethnic and economic diversity, strengthening the diversity that makes us who we are today. Finally, let me make something clear. The status quo cannot remain. We can no longer get by with a code that has created the hodgepodge zoning of the uncertainly [sic] that we all live with. We don't start today with a blank canvas, and while we are bound by many of these mistakes, we are not bound to inaction. Every single Commissioner that has sat in your place, the Mayors that have preceded me, back to the founding of our city have had to deal with zoning issues. But we are where we are today, our research indicates, because of the failure to plan from a belief that many said was too expensive, the belief that many said that nothing is wrong with haphazard zoning, the belief that planning is an impediment, that it will slow things down; the belief that planning, even suggested by one of our predecessors, a city is tantamount to living in the Soviet Union; the belief that Miami did not need any zoning at all, or the belief that it was all too late. These are all the beliefs that led to one thing, a Zoning Code that has served special interests, has protected a few, while it has ignored the interest of all. So our question today is simple. Will you align yourselves with the mistaken beliefs of the past or will you take a step toward our future, a future that must embrace the opportunity to enhance the beautiful and generous public realm, the spaces that are going to create pride, that are equally owned by all of our residents, irrespective of economic or social circumstance? Today we have to dream big dreams, and we must aim high, and we must because we owe a lasting legacy to those who will call Miami home long after we're gone. Thank you, Mr. Chairman. Chair Sanchez: All right. I guess staff will present. The order of the day today, they're all on first reading, so all of these will come back for second reading. We have SP.1, which is the proposed Miami 21 Code and atlas; we have SP.2, which is the land -use change, proposed Miami 21; and then SP.3, which is Miami 21, which is the historic preservation, which is Chapter 23. All right, at this time, staff. Ana Gelabert-Sanchez: Good afternoon. Ana Gelabert, Planning director. Whatl will be presenting to you is those -- you've heard the presentation from the Mayor. In your packages you have what the PAB (Planning Advisory Board) approved, and what I'm about to present to you is the -- those recent modifications that we did after the PAB approved it, and they -- like you have seen, they are divided in three categories. One is the technical changes, andl will go briefly through them, but they are technical in nature; and I'm presenting them to you because it did happen after the Planning Advisory Board. The first one is the -- modify the definition of general commercial to clam the intent. That is Article I We expanded the definition of marine -related industrial establishments as it was recommended by the Miami River Commission. We've made revisions to the technical aviation language in Article III, as required City ofMiami Page 7 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 by Miami -Dade Aviation Department. On successional zoning for D1, we clarified that to be -- that could you move from DI to D2. We included language in CI for parking requirements for sports facilities. That's an amendment that this City Commission passed a month ago or so, and we incorporated into Miami 21. The setback designations diagram in Article IV, Table 8, to correct a typo; an update of the Neighborhood Conservation Districts to maintain consistency with existing language previously approved by the City Commission. Again, that was something that the Neighborhood Conservation Districts were to be maintained, and they have. Revision of the language in CI -HD, which is the Health District, to address accessory uses related to the university hospital research facility or governmentally -owned facilities, Article V; a clarification of the intent of the language that establishes liner requirements. Again, it's the same context; it's just the language just making it clear; addition to the text and public benefit section to reflect a bonus as per the illustration on Article III. That's D1, allowed for the public benefits. And clarification of T5 L and T6L on the supplemental regulations, to specifi, the intent of the commercial and office uses in the limited category; reduce the parking requirements of office category in the T6-24 and above to reflect the current conditions in the urban core categories and the inclusion of (UNINTET,T IGIBT ,F) language in exception regulations for consistency in this process. Those are the technical ones, the ones that -- as you saw, some were corrections -- the Aviation Department, things that just needed to be -- there were typos and we've clarified those. On this second set of the modifications are those we received from Commissioner directives arising from additional community input. The first one is that we're proposing a new regulation to protect the view shed on national historic places. On the legal side, we have revision of uses in the civic category to conform to legal standards as per the Federal Religious Land -use and Institutional [sic] Persons Act of 2000, a removal of failure to give notice language for waivers, the warrants, the exceptions, variances and Code amendments. This is an existing Zoning Ordinance 11000 requirement. We're proposing the removal of it, and Planning Advisory Board, per Resolution 08-044 of the PAB, an increase of residential development to nine dwelling units per acres [sic] in the one. We previously had one unit per lot of record. The PAB asked us to take a look at it. We're coming back with the proposal to increase it to nine units per acre. Refinement of language addressing nonconformities. That's an issue that has come up, and we also have cleared the language and the process. As far as the -- and would like to present to you the Planning Advisory Board recommendations. I won't read the resolution, but the recommendation from the PAB was to allow the reconstruction of multifamily residential structures in the event of disaster by waiver similar to single-family and duplex proposal. We stated at the PAB that we did not have an objection. Single-family -- we're treating nonconformity as a single-family. If the structure goes down, a single-family owner can come and rebuild with a building permit. Community residents came and asked the PAB; PAB made that recommendation. We don't have any objection to that recommendation. What you see in the book of waiver is because that's what had gone to the PAB, but we don't have any objection to accepting that PAB recommendation. The second one, it was to allow residential density according to density per acre as to provide an equitable distribution of residential density on residential density in Dl. That's the one I just explained that we've increased it to nine units per acre. Allow the reconstruction of multifamily residential in the event of disaster. We have no objection. Correct the midpoint of roof measurement language within the NCD-3 with regard to 25 feet. We have no objection. Design District setback areas to -- excluding in order to protect the single-family houses, I'm sorry, in the district. We have no objection. Correct midpoint of roof measurement language within the NCD-3 with regard to the 25 feet. We have no objection. Then what we're going to do and just to try to make it easy, those are the text amendments, those that -- the part that we're presenting and the ones that l just read on the PAB. Liz Plater-Zyberk will go through the mapping, and then I'll come back again and go -- we have, again, as part of the additional community input through the Commission's office, some other changes in mapping that we would also like to propose. Chair Sanchez: All right. For the record, we'll take those that'll be friendly amendments, and we'll take the PAB recommendations later on. As it is presented through the resolution, through the recommendation, it can be brought forth as a friendly amendment, and we'll vote on them City of Miami Page 8 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 independently. Okay. Elizabeth Plater-Zyberk. Liz Plater-Zyberk, Duany Plater-Zyberk and Company, 1023 Southwest 25th Avenue. Good afternoon. What is being presented on the screens are the maps, as they were, in fact, presented to the Planning Advisory Board. I'll be showing them to you quickly, quadrant by quadrant, not necessarily in the order in which we met with the communities. But the first one that's before you is the north quadrant. In this case, a number of things are coming forward from 11000, from Zoning Ordinance 11000; a number of things are new. The CI -HD district, which is the hospital area, follows through with its SD-10 category as it currently is, with the addition that the special area plan that Miami 21 allows is indeed encouraged for this area to be able to evolve beyond what it is in the future. Mixed -use has been added to a number of corridors to encourage economic development, the 20th Street industrial district, the large gray and blue patch you see -- the gray area is DI -- includes commercial and work -live and, as you've heard, a suggestion that there may be an additional residential component there. There was the creation of the D3 zoning category to address marine and water -related industrial uses, similar to the current SD-4 regulations, river -industrial, which maintains the industrial waterfront. Riverfront properties, except for T3 and T4, are the low -density residential categories; all other properties are required to have water -related uses and, additionally, incentives for public access to marina use. The south quadrant includes the establishment of Tl, a conservation zoning for the spoil island's conservation parks in Virginia Key. You will hear something else about Virginia Key as we proceed. This is the quadrant in which the neighborhood conservation districts have been instituted historically and those districts are maintained. They appear in the appendix of the text. Residential character throughout, and you can see this map is largely light yellow -colored RI is now T3 R. Not many neighborhoods in this area chose the L category for allowing the granny flat. There is a new massing regulation for single-family houses, which applies to all the quadrants in which the second floor has a smaller lot coverage. Twenty -Seventh and Thirty -Seventh Avenue stations are seen as TOD (Transit Oriented Development) areas, and finally, as you've heard already, while working on this quadrant, we addressed CI with regulations that relate to abutting zoning so that the civic uses are compatible with the neighborhoods' west quadrant mix. This also, in its western half, is largely residential, but mixed use has been added to the corridors to encourage economic development. The East Little Havana area represents -- reflects changes to the Comprehensive Plan that had been made recently. Some additional parkland has been protected here with zoning changes, and the stadium area in anticipation of the stadium encourages additional mixed use. And finally, the east quadrant, which you will remember, is where we started, additional protection for homeowners has been provided in Spring Garden and Town Parks. There were some mapping changes there. The MiMo (Miami Modern) district has been created and -- in which Chapter 23 and the TDRs ofMiami 21 interact to save that part of Biscayne Boulevard and there were some adjustments to the Little Haiti Cultural Center area to promote live -work in that area where there's a new park. Thank you. Ms. Gelabert-Sanchez: The mapping amendments that I was referring to are the following: On Northeast 79th Street, between Biscayne Boulevard and Biscayne Bay, we had T6-8 O. We are making -- we're proposing that change to T5 O. Virginia Key at North Point, from T6-8 to park to CS (Civic Space). That was also a recommendation by the Planning Advisory Board. The north side of Southwest 26th Street and Brickell Avenue from T6-8 O. The proposal is T5 L. Area east of Omni Miami Women's Club from a T6-80 [sic] to T6-36. Area north of 1-395 south of 16th Street and east ofMiami Avenue from a T6-8 to a 24 -- T6-24. And the area across from the Frankie Rolle Center on 37th Avenue and Day Avenue from T3 0 to T4 O. Northwest 37th Avenue and Northwest 36th Court at Flagler Street, T6-8 designation to the rear of the properties facing 37th Avenue and modifying the designation along 36th Court from T3 0 to T4 L; and the Edgewater area, north of Omni, from T6-24 L and 0 to 36A, L and 0, respectively. These are the modifications that, as I stated before, came after -- through district Commissioner office after community input, and that's why I'm presenting them to you today. City ofMiami Page 9 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: All right. I have a question. On the D1, that was amended to the nine dwelling units -- Ms. Plater-Zyberk: Yes. Chair Sanchez: -- per acre? Ms. Gelabert-Sanchez: The DI was changed. What we had before was one unit per lot of record. Chair Sanchez: Right. Ms. Gelabert-Sanchez: That was changed to nine units per acre. We've increased it. Chair Sanchez: All right. Commissioner Regalado: Okay. Ana, you mentioned before the no objection to the PAB. However, you did not mention on the record what you won't accept from the PAB recommendations. Are we talking 27th Avenue, Coral Way? Ms. Gelabert-Sanchez: That one is part of the presentation. Commissioner Regalado: I'm sorry? Ms. Gelabert-Sanchez: I'm sorry. What I have is -- there's another part of the presentation. I'm trying to simplifi, the process. And what l just presented to you was on the first part, it was the text and the second part is the atlases. As far as what I presented that the PAB had voted and we had no objection was the text. There's another portion coming of what the PAB is recommending on maps, and we also have on that one what is objection and not -- and the ones that we would still maintain what we were recommending. That one hasn't been presented to you. If you want, I can come and do that now. Chair Sanchez: No, no. Finish the presentation. Commissioner Regalado: No, no, no. I'm just asking because as late as Monday, your Department was not accepting the PAB recommendation. Ms. Gelabert-Sanchez: Well, what -- to clam, what we have done -- and it has been posted -- is what we did was we put on a chart those recommendations that were made by PAB. We have not absorbed those recommendations in the Code because that's your decision. What we have done is of those recommendations, we are giving you our opinion as the ones that we would not object and the ones we object -- Commissioner Regalado: Right. And your department -- Ms. Gelabert-Sanchez: -- but clearly, they are not in the Code. That's up to you. Commissioner Regalado: And on Monday, your department refused to say that they will be okay with those PAB recommendations, and this is what I think that we should -- in -- being transparent means, you know, showing what you have no objection, but also what you have an objection. Ms. Gelabert-Sanchez: And we do, and will show that, Commissioner, on the maps. On that part of the presentation, we'll show you on the ones -- they are on the atlas, not on the text, on the atlas, those -- there's recommendations that were made by the PAB that we do not support City of Miami Page 10 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 and there are other ones where we do not have any objection, and this is part of the presentation. Commissioner Regalado: And the reason I'm asking is when Liz was saying about the west quadrant, she was very brief and said this is to protect the neighborhoods, and yet, you are recommending higher and more density on 27th Avenue and Coral Way right next to residential, and your staff says that it's because you want more density in corridors when they have, say, a close Metrorail station. So the presentation on the west quadrant was not accurate because it's not protecting the neighborhoods. It's going against what the PAB and the residents asked, and I tell you, your department -- you weren't there, but the Manager was there -- fought it with me. I was supporting the PAB recommendation and they fought it, and they left the office with the same idea that they came, and it's okay; you are the professionals. But my point is that our main consultant said that in the west quadrant, everything was done to protect residential [sic], and what you are proposing is not protecting residential. Ms. Gelabert-Sanchez: All right. What -- Vice Chair Spence -Jones: Mr. Chairman, can I just say one thing, Mr. Chairman, if you don't mind? Chair Sanchez: Go ahead. Vice Chair Spence -Jones: I really would -- Ana -- I really -- andl'm just going to basically say this to our fellow colleagues because we do -- I want to respect all of these people that are waiting here andl'm sure they want to put whatever they want to put on the record today. So if we could at least allow for them to finish the presentation -- Chair Sanchez: Yes. Vice Chair Spence -Jones: -- and then whatever we need to hear from the public -- I'm sure we're going to be debating all night. But let's get through the -- let's get through this part first and then I'm sure we all -- I know I have a whole bunch of questions -- Chair Sanchez: Let's -- Vice Chair Spence -Jones: -- so let's deal with the presentation first and -- Chair Sanchez: Let's finish the presentation. The PAB recommendations that are forth; we have them. It's a policy issue. We decide whether we approve them or not. We'll deal with those when it's the appropriate time. So let's go ahead and finish now with the presentation so we could allow all those that'll be here and it's -- probably, we're going to go into late hours of the night to make sure that you all have an opportunity to address the issue. So please continue. Ms. Gelabert-Sanchez: Our portion of the presentation, without including the PAB -- if you want, I can finish with the recommendations, but as far as our presentation, I've stated on the record what our changes are, the clerical which I already read to you, and the ones that came from the Commissioners' office as far as atlas, I've already presented to you. Chair Sanchez: Okay. Ms. Gelabert-Sanchez: They have already been presented. Chair Sanchez: All right. Ms. Gelabert-Sanchez: So if you want, we can take that now or we can --? City of Miami Page 11 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Vice Chair Spence -Jones: Planning Advisory Board. Ms. Gelabert-Sanchez: This is the Planning Advisory Board recommendations. These are on atlas, and these are the PAB recommendations. They had asked that the three properties that are subject of litigation along the Miami River, that they would change to D3, which it would be the industrial. We are proposing T6-12. We are not making that change. It's under litigation, and we feel it's -- it would be inappropriate to change -- make the change, so that one we're not supporting. On the west quadrant, the PAB resolution as for the designation of the property located at 12th Street between 20 and 21 st from T4 L to T4 R, the Planning Department has no objection. Resolution 09-01, area Southwest 3rdAvenue, Coral Way, from 15th Road west to 31st, to be changed from T6-8 to T5; we're not supporting. We are maintaining that what we're proposing on T6-8 is appropriate. The properties next to Vizcaya Station, roughly Southwest 1st Avenue between Southwest 32nd Road to Southwest 28th Road, that it would be changed from T5 L to T4 R. We have no objection. The area Southwest 22nd Street, Coral Way, from Southwest 13th Avenue through Southwest 25th Avenue to be changed from T6-8 0 to T5. We would maintain -- again, we would leave it as we have proposed. And the area between Southwest 1st Avenue and Southwest 23rd Street and Southwest 16th Court from T5 0 to T4, the Planning Department has no objection. Designation of area on Southwest 27th Avenue from 27th Street up to 22nd Terrace from T6-8 0 to T5, we maintain to leave it on T6-8. And the designation, which we already said, of the Virginia Key North Point from T6-8 0 to parks, which is conservation, and Planning Department has no objection. And that's the end of the presentation. Chair Sanchez: All right. So at this time, what we're going to do is on -- that's the presentation on SP.1, correct? You're done? So at this time, what we're going to do is we're going to go ahead, open it up to the public. What I would like to do is -- I believe that, as I stated before, to give everybody an opportunity -- we set the guidelines, is individuals will have two minutes, and we'll go ahead and give maximum of five minutes of testimony for attorneys and officials representing of groups or homeowners association. So at this time, I have -- I believe we have 78 speakers? Ms. Burns: Right now we have 82. Chair Sanchez: Eighty-two speakers and growing, so not everybody at once. Vice Chair Spence -Jones: Mr. Chairman, can we start with the homeowners or the homeowners associations first? Chair Sanchez: Well, let me see. First of all, let me get -- which you have the list, and I'll start to make sure that we have -- give me the whole list there so we could have some order. Why don't we go ahead and start with -- I believe PAB wanted five minutes, the chair of the PAB? Ms. Burns: And Mr. Chair, can we swear in the witnesses who are about to provide testimony, please. Chair Sanchez: Yes, please. All those that'll be speaking -- addressing this Commission, you must be in the chambers and raise your hands to be sworn in by our City Clerk, so Madam Clerk, you're recognized. Ms. Burns: Right. For all of those of you who plan to provide any type of testimony this afternoon, please stand and raise your right hand. The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. City of Miami Page 12 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Ms. Burns: Thank you. Please be seated. Chair Sanchez: Okay. Once again, testimony will go uninterrupted and only at its conclusion will staff speak to answer any questions that one may have. Questions do not have to go through the Chair, like the County, okay? Ms. Burns: And Mr. Chair, would this be only on SP.1 or on all three items? Chair Sanchez: I think, basically, to make this more simple -- it's basically three items. Ms. Bru: I think you should hear testimony on all three items, and then, when you get to vote -- and you should vote and discuss them individually; but from the public, they're all related; you should hear testimony on all three. Chair Sanchez: Okay. So for the record, we'll be taking testimony on all three items. Those include the proposed Miami 21 Code and atlas, the land -use change, which is proposal Miami 21, and Miami 21 historical preservation, which is Chapter 23. So at this time, we'll go ahead and have the first speaker, Mr. Horacio Aguirre. Horacio Stuart Aguirre: Mr. Chairman, good afternoon. Horacio Stuart Aguirre, 1910 Northwest 13th Street, Miami, Florida, Durham Park. As president of Durham Park Neighborhood Association, we stand in opposition of all three items, andl relinquish my remaining time to Richard Strell -- Chair Sanchez: Okay. Mr. Stuart -Aguirre: -- later on. Chair Sanchez: All right. Walter Alvarez, Dade Heritage Trust. Walter Alvarez. William Alvarez. Sir? Walter Alvarez: Sony; I didn't hear you. Chair Sanchez: Walter Alvarez? Mr. Alvarez: Yes. Chair Sanchez: Yes. And William Alvarez. They're put in alphabetical order here? Mr. Alvarez: Oh, is that what happened? I thought I was going to be late. Chair Sanchez: All right, sir. Mr. Alvarez, you're recognized for the record, Dade Heritage Trust. Two minutes. Mr. Alvarez: Yes. I'm the chairman of the board of trustees of the Dade Heritage Trust. And for the record, I'd like to say that our organization is in favor of the Miami 21 projects, particularly the section that refers to historic preservation. That's all have to say. Chair Sanchez: Chapter 23. Mr. Alvarez: Chapter 23, correct. Chair Sanchez: All right. Mr. Alvarez: Okay. City of Miami Page 13 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Thank you. Sir. Next speaker, Mr. Alvarez, property owner and resident of the City ofMiami. William Alvarez: Very brief. I'm just in support ofMiami 21. I think it's a good idea for the City, and it'll head the City in the right direction. Chair Sanchez: Thank you. Mr. W. Alvarez: Thankyou. Ms. Burns: I'm sorry; could we have your name again, please? Mr. W. Alvarez: William Alvarez. Ms. Burns: Thank you. Mr. W. Alvarez: Thankyou. Chair Sanchez: All right. Javier Betancourt. Okay. Barbara Bisno? Barbara? Unidentified Speaker: Just walked out. Chair Sanchez: She just walked out? All right. We'll have her -- okay. It's okay. We'll get somebody else. Barbara Bisno: I'm sorry, sir. Chair Sanchez: It's okay. Come on. Ms. Bisno: I came around because I have a handout. Chair Sanchez: All right. Name and address for the record. Ms. Bisno: My name is Barbara Bisno. I live at 1000 Venetian Way, Apartment 603, Miami 33139. I'm not here as president of the Venetian Causeway NeighborhoodAssociat --Alliance because I don't think our neighborhood understands. They have not participated in the meetings in an appropriate fashion, I don't think. But I've been working on several issues; talked to many neighborhoods about it, but I cannot represent that they have approved my positions. The nonconforming multifamily residential property is a PAB recommendation, andl wholeheartedly request that you act in a fair and equitable manner on that issue. The amendment to the exhaustion of administrative remedies, it's new in Miami 21. Fifty years of experience. No administration person has told me the experience that caused this to be added to Miami 21 from -- and never have been in a Zoning Code before. I think it should be stricken, but we have proposed a compromise that we hope the Commission will adopt. The zoning interpretation was just left out. The City has done a good job of adding notice on the various applications for changes, and the zoning interpretation was not -- is not part of the notice scheme. It can have just as much effect as anything else. Chair Sanchez: Barbara, is that on the failure to give notice? Ms. Bisno: Yes, it's a failure to give notice. Chair Sanchez: All right. Can we have --? City ofMiami Page 14 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Unidentified Speaker: No. That's a separate one. Chair Sanchez: It's a separate one? Ms. Gelabert-Sanchez: I believe what Barbara is referring to, the failure to give notice, we've already -- proposing it as to removal. I believe, based on -- what you're proposing is the notice, when -- as the Zoning administrator provides an interpretation, today what the Code says is that we'll notify -- we'll put it immediately on the web and we'll notify the NET (Neighborhood Enhancement Team) offices. I believe that's the notice requirement you're talking about that you would like to see more notice similar to what we are doing with special permits. Is that correct? Ms. Bisno: Well, are you calling special permits the -- Ms. Gelabert-Sanchez: A warrant? Ms. Bisno: -- warrant? Yes. Ms. Gelabert-Sanchez: A special exception. Ms. Bisno: I think that the neighborhood will not have any reason to know to look at the web or to be at the NET office and -- they won't know that anything's going on. Ms. Gelabert-Sanchez: What we have done is when we send it to the NET and we're doing it now through the warrant -- andl believe that's the process that went through this Commission and we amended our Comprehensive Plan. It goes to the NET offices -- on the portion of the NET office. The NET offices distributes to all the homeown -- all the registered homeowner associations -- Ms. Bisno: It -- I'm sorry. Ms. Gelabert-Sanchez: -- but, again, I'm just clarifying just to make sure the failure -- Ms. Bisno: No, no, no. Vice Chair Spence -Jones: Mr. Chairman -- Ms. Gelabert-Sanchez: Yeah. Vice Chair Spence -Jones: -- can we allow for the individuals to do their full presentations; we can take our notes; and once they finish, then we can expound on them with staff? Ms. Gelabert-Sanchez: But just a clarification. Vice Chair Spence -Jones: Because if not, you know, every time someone comes up, we will -- Chair Sanchez: All right. Vice Chair Spence -Jones: I think, just take a note, and we will address it right afterwards. Chair Sanchez: Okay. Go ahead. Ms. Bisno: My final comment would be that it is not in the ordinance that when the NET office receives it, that it is distributed automatically. It -- sometimes it's told to distribute, but not always, and it should. So that is part of what we're asking for in zoning interpretation. The -- when a decision -- a recommendation is made, it goes to the NET office, but there's no indication City of Miami Page 15 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 that the NET office is going to distribute, and it goes to the Web. But if a neighborhood doesn't know when the decision is coming out, it has to monitor the Web all the time or go to the NET office. If it's in the ordinance that it has to be sent out, we would take care of that. The variance, which is a long-time traditional manner of asking for changes, in the past it's included, 1305, to say it must comply with the design requirements of 1305. For some reason, it was left out of Miami 21. It's easy to put it back in, but -- Chair Sanchez: All right. Ms. Bisno: Okay. Chair Sanchez: When you're done, I think they're going to answer some of your questions, so -- Ms. Bisno: Pardon me, sir? Chair Sanchez: -- does that conclu -- when you're done, staff is going to answer your questions. Ms. Bisno: Okay. All right. And the last few you've got there in front of you, I'd like to -- the waivers have been a issue we've talked about many times. We're suggesting that these detailed waivers are a detriment to the neighborhoods. There is no appeal of them. They'll get notice of them, but there's no reason not to seek a variance for most of these, and what we're suggesting is that they be completely reduced; and the 25th one, which is 10 percent of any rule with restrictions as to which rules can be done, should be left in and that should be appealable to the City Commission. And then the final thing is a question through the Chair. I couldn't find it, but I'm not a city attorney. If the Administration could explain what notice is available to neighborhoods on signs and outdoor mural advertising, what's the notice to neighborhoods, I would appreciate it. Chair Sanchez: All right, staff. Ms. Bisno: Andl appreciate your time. Chair Sanchez: Staff can we address that? Can we address some of the concerns as to --? Commissioner Sarnoff. Can we start with her first one, which was a Zoning administrator's decision. This is something that affected me before I became a Commissioner, and there is no notice provision under 11000 for a Zoning administrator's decision. So my question to you is what provisions have we made for a Zoning administrator's decision to become a public record, other than posting it on the Internet? Could you provide it to the neighborhood associations? Ms. Gelabert-Sanchez: We are sending it -- what we're -- in the Code, it says that it will go out to the NET offices. What we can do is add in the notice to be able to say that once it gets to the NET offices, the NET offices will send it out to the registered homeowner associations, so that's what -- Commissioner Sarnoff. You know what would be cleaner than that -- because by the time budget is done, there may not be NET -- why don't you put it in the Code that you shall give notice to the homeowners associations? Ms. Gelabert-Sanchez: I'm -- Commissioner Sarnoff. I mean, is it not possible to do that? Ms. Gelabert-Sanchez: The question -- we can do it. I guess the question that would ask you is do we want the City to provide the notice or do you --? City of Miami Page 16 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Commissioner Sarnoff. Yeah. In other words -- Ms. Gelabert-Sanchez: When --? Commissioner Sarnoff. -- what is -- having been on the brunt end of a Zoning administrator's decision that I did not get notice of my question is, why couldn't we just provide --? I know you don't want to give it to everybody in the City, but if there's 30 or 50 neighborhood organizations, why not just send it to them, whether -- whatever that notification is, you know, United States mail, you know, postage shall be presumed to be delivery? Is there anything precluding you from doing that, other than the cost of the stamp? Ms. Gelabert-Sanchez: It's just the -- well, if you wanted to do it through e-mail (electronic), we can do it through e-mail. It would be -- if it's certified, it's a matter of cost, but -- Commissioner Sarnoff. Right. Ms. Gelabert-Sanchez: -- that's up to -- you are the ones that are establishing -- Commissioner Sarnoff. Well -- Ms. Gelabert-Sanchez: -- the policy of what is it that you want me to do. It would be -- Commissioner Sarnoff. You know, the law has a presumption that when you put something in the United States Post Office -- even though it may not be true -- that you -- their receipt is actually presumed I'm not saying you need more than that -- Ms. Gelabert-Sanchez: Okay. Commissioner Sarnoff. -- but if cost is a bigger factor -- andl know -- 'cause I have no idea how many Zoning administrators decisions get made on a yearly basis. You could say five, you could say five hundred; I wouldn't know whether you'd be right or wrong, so I'd have to bend to you on cost. I would like -- I happen to agree with her; there's nothing wrong with the provision of the homeowners associations getting notice of a Zoning administrator's decision. How that notice is accomplished -- you know, I'm an Internet guy; I'm okay with it. Commissioner Spence -Jones might say that's completely unacceptable to me. Vice Chair Spence -Jones: Yeah, I definitely -- Commissioner Sarnoff. Right. So I suspect you're going to have a stamp involved. And then her -- so we can do that, right? Ms. Gelabert-Sanchez: Yes, we can. I guess -- I'm sorry; I'm looking back because Orlando Toledo -- I was looking to see if he could answer the question as to how many Zoning administrator -- I don't have any objection. Vice Chair Spence -Jones: And, Commissioner Sarnoff, you're talking about item number 4 on her -- Commissioner Sarnoff. It's on her list, yeah. Vice Chair Spence -Jones: Number 3, right? Commissioner Sarnoff. Number 3, actually --- City of Miami Page 17 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Ms. Bisno: Three. Commissioner Sarnoff. -- Commissioner Spence -- Vice Chair Spence -Jones: Number 3? Commissioner Sarnoff. It's notice of -- yeah, notice of application for a Zoning interpretation. Vice Chair Spence -Jones: Okay. Ms. Bisno: Actually, the same issue arises on number 4. Vice Chair Spence -Jones: Yeah. That's what I thought. Chair Sanchez: Okay. Ms. Bisno: On the decisions, they're not distributed now beyond the NET office and the Web. Commissioner Sarnoff. Well, it's the decision that becomes an appealable issue to you. Ms. Bisno: Right. Commissioner Sarnoff. I don't know about the notice of an application for a Zoning interpretation. It seems to me if you got the Zoning administrator's decision, you would then have appellate rights, and you would have procedural and substantive due process in which to appeal those. Ms. Bisno: I'm not going to argue with you, Commissioner. That's number four. I'm asking for both, for the application so that people -- Chair Sanchez: All right. Ms. Bisno: -- will be ready for it and then -- and have input into the Zoning administrator's decision. I realize I've taken more than two minutes. I appreciate your time. I -- Vice Chair Spence -Jones: And we just want to get a yes or -- a yea or nay from the staff that we will now take the extra step to make sure that it's mailed to the homeowners association, as well. Ms. Gelabert-Sanchez: I will speak on behalf of the Zoning administrator. I hear there's maybe five or six a year that they give, so we will give notice. Once the Zoning interpretation is given, we'll mail it out to the homeowners association and the Planning determination, which I believe is the other one, I think the last one I did was probably two years ago, so we probably will give notice -- Chair Sanchez: All right. Commissioner Sarnoff. Okay. Ms. Gelabert-Sanchez: -- and that's not a problem. So on both Zoning administrator and Planning determinations, we will notify the homeown -- the registered homeowner associations. Commissioner Sarnoff. Okay. Chair Sanchez: All right. City of Miami Page 18 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Ms. Bisno: And the application for a Zoning interpretation? Orlando Toledo: Now, when -- Orlando Toledo, senior director of Building Planning and Zoning -- when you say the applications for Zoning interpretations, I don't have an issue with that. Like Ana just said, we usually issue five through eight a year. I just want to make it clear that what we're talking about is the Zoning interpretation and we're not looking at every single applications [sic] that get submitted to Building -- Ms. Bisno: No. Mr. Toledo: -- or to Zoning because then we're looking at building plans. Commissioner Sarnoff. Right. Ms. Bisno: No, no, the interpretation. Mr. Toledo: So we just make it very clear. Ms. Bisno: But you remember that -- Mr. Toledo: I know. Ms. Bisno: -- there were -- two years ago -- Mr. Toledo: Yes. Ms. Bisno: -- there was a zoning -- Mr. Toledo: Right. Ms. Bisno: -- interpretation that was a major, major issue. Mr. Toledo: And again, I don't have an issue with that. Commissioner Sarnoff. All right, let's just -- 1305, issue number 5 for her, I thought was dealt with. I thought 1305 is now a part of this Code. Ms. Gelabert-Sanchez: 1305 is a part of it. Ms. Bisno: It is, but it isn't referenced in the variance section that -- Ms. Gelabert-Sanchez: And we have no objection. We'll put the language in. Chair Sanchez: All right. Thank you. Ms. Bisno: Thank you. Chair Sanchez: What we're -- what I'm going to start doing is I'm going to call two speakers at a time. That way, we can move on a little faster, okay. Vice Chair Spence -Jones: Yeah. Chair Sanchez: Andrew Frey is the next speaker, followed by Mr. Ashley Bosch. Ms. Burns: Mr. Chair? City of Miami Page 19 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Yes. Ms. Burns: Also, I have been asked to put into the record the fact that anyone who wishes to speak today, particularly on SP.2, to make sure that you sign one of these speaker sheets because that information will be transmitted to the State DCA (Department of Community Affairs). Chair Sanchez: All right. Ms. Burns: And then also, when you come to speak, if you would identift, whether you're speaking as an individual or on behalf of a homeowners association or as an attorney so we'd know how to -- Chair Sanchez: To time you. Ms. Burns: -- allocate your time. Chair Sanchez: Okay. Sir, you're recognized for the record. Andrew Frey: Mr. Chair, members of the Commission, Andrew Frey. I'm a resident ofMiami Beach, but spend most of my life in downtown, andl also happen to run an architecture competition, which hopefully, is going to help make downtown a more vibrant place for design. I'm here to speak just on my own behalf not representing anyone. I believe that Miami 21 is a great thing for the City. I agree with all the benefits cited by the Mayor. I look forward to the day when you won't need a land -use attorney to tell you what can be built next to you. Right now, with the current situation, with the overlay districts, with complicated spot zoning, you really have no idea, no predictability. Miami 21 will place the focus on the pedestrians, on the streetscapes, on creating a walkable, livable environment, and it puts the neighbors first, like I said, by creating predictability. Is it perfect? No. There will be some changes that need to be made; however, the most important thing, I believe, is to implement a clear, just, predictable framework within which the City can plan for its future, for our future and for our children. Will changes need to be made? Yes. But I would rather make those changes within the clear and simple framework of Miami 21 and the priorities that it lays out for the City and its future growth. All of the neighborhood groups, opponents to development, proponents of development, can all get together and speak the same language under Miami 21. Right now it feels like a lot of people are talking past each other. I would note that The Herald came out in favor of the principles ofMiami 21. Just recently, one of the most vehement opponents of development, who has the blog "Eye On Miami," came out in favor of Miami 21. And so I think you're starting to see a lot of people with very diverse interests getting behind the concepts and the vision for the future. So I hope this passes. Thank you. Chair Sanchez: Thank you. Okay, Ashley Bosch and Truly Burton, next speaker. Ashley Bosch: Good afternoon, Commission. My name's Ashley Bosch. I am currently president of the Builders Association of South Florida. I'm here representing that organization. I reside at 9830 Southwest 62nd Street, Miami, Florida 33173. Although the initiatives proposed by Miami 21 are admirable and can be an excellent concept based on its implementation and, most importantly, the location being affected, we want you to consider the fact that we are a (UNINTELLIGIBLE) municipality, which is well established and densely populated This may not be the best option for our city. The adopted smart codes have been implemented and relegated to either emerging new municipalities or, in the alternative, has been left optional, applied to small suburbs, or in a limited area. It has not been implemented on a wholesale basis to a city of our size or population and existing development. Our city is more suited to a concept which correlates better to redevelopment than to a new development -based code. Our membership of over 600 builders, contractors, and vendors are very concerned about moving City ofMiami Page 20 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 forward on such a large-scale overhaul without having completely vetted out the impacts of this new Code on the extensive existing development throughout this city. Considering the economic climate, the expected protracted recovery period and the impact it has on our -- on any development or construction, it is the BASF's (Builders Association of South Florida) opinion that this is not the best time to be implementing such a monumental change to the Code, especially not having addressed completely the many concerns that stakeholders have raised and without analyzing the impact it will have on an established city of our size and composition. It will create uncertainty, prolong the process and possibly expose all stakeholders to numerous instances of disagreement and litigation. The proposed change is considered confusing, quite technical, and our membership feels it is creating additional obstacles and hindering any chances of accelerating and recovery and continue our economic development of the City of Miami. We urge this Commission to reconsider hearing this item at this time in an effort to completely address all the remaining concerns and impacts this type of overhaul will have on our cherished city. I thank you for your time and appreciate -- and hope that you can table this for future consideration. Thank you. Chair Sanchez: Thank you. Next speaker, followed by Ashley Chase. Ms. Plater-Zyberk: Commissioner, may I correct one thing -- Chair Sanchez: Yes. Ms. Plater-Zyberk: -- that was said? In fact, although the smart code is a foundation for Miami 21, it is a much more complex document which does reflect the City -- the history of the City. You should also know that there are many large cities that either already have form -based codes, such as San Francisco and New York, and furthermore, places like Baltimore and a number of other cities, Washington, Philadelphia, are working with form -based codes. Chair Sanchez: Thank you. Next speaker. Truly Burton: Thank you, Mr. Chairman. Truly Burton, from the Builders Association of South Florida. Good afternoon, Commissioners. Because my president just spoke with you and articulated the Association's position, I will just be very, very brief. I want to touch on one thing in The Miami Herald article a couple of days ago that discussed the resurgence along the Omni - - Biscayne -- along -- and the Omni area along Biscayne Boulevard. I think we're all very excited about that new neighborhood. I'm very excited about it 'cause I also consider myself an urban person as well, but remember the new life along Biscayne Boulevard came about under 11000 in several different ways. There was a private sector property owner with their architects and planners, who successfully designed and implemented a program, a development program, along with recommendations from your Planning staff. It was not Miami 21. It was what you have in place now. Now, 11000 has its flaws. I think we all understand that. But, again, just to reiterate, what my president said, at this point we need to be focused on redevelopment. Andl did a -- just a check on the smart codes as well that Ms. Plater-Zyberk referred to, andl looked at the smart codes, the list of them. There were about 23 municipalities that have either -- some of them or all of them, excluding the ones that she mentioned, which were the cities of San Francisco, New York, and so forth. Of the 23 that had adopted some part or a portion of a smart code, 21 of them indicated a use as follows: Either optional for the applicant, mandatory for a discreet section, like a riverfront or a certain business district, or as an overlay option. These are very unstable and uncertain economic times, and we just don't think that this is the right time to come forth with new rules that are going to provide -- that I think are going to generate even more instability. Finally, we know a few things. 11000 has its flaws and needs improvement. The sins of overdevelopment have already been committed, and we've got to deal with what is already built. But the economic times are just too fragile right now to move ahead in a wholesale way given other options. Thank you so much. City of Miami Page 21 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Thank you. Next speaker. Ashley Chase: Good afternoon, Commissioners. Ashley Chase, Miami River Commission, with offices at 1407 Northwest 7th Street. A letter has been distributed on behalf of our chair, Eric Buermann. I just wanted to state for the record that on March 2, 2009, the Miami River Commission found that the Miami 21 consistent with both the Miami River Corridor Urban Infill Plan, and the Miami River Greenway Action Plan. Thank you. Chair Sanchez: Thank you. Victor Dover and Santiago Echemaria [sic]. Victor Dover: Good -- Chair Sanchez: Yes, sir. Mr. Dover: -- afternoon, Mayor, Commissioners. Victor Dover, 1571 Sunset Drive. I'm an urban designer and town planner in private practice for 22 years, but today I'm not here on behalf of a client, but on -- in admiration and on behalf of the Florida Chapter of the Congress for the New Urbanism. I'd like to read to you a letter by the -- written by the chair, Marcella Camblor. Dear Mayor Diaz, the Florida Chapter of the Congress for the New Urbanism, CNU Florida, recognizes the City's efforts to address the inadequacies of its dated zoning system and embrace a better way through the creation ofMiami 21. We believe this is certainly the most advanced and comprehensive approach to regulation for the kind offorward-thinking metropolis Miami should be. As an organization of professionals committed to a sustainable pattern of growth, guided by a predictable, fair and transparent regulatory system, we congratulate you, your citizens, elected officials, numerous boards, staff and consultant for the creation ofMiami 21. This document, even though it has not yet been officially adopted, has already become nationally known as a model. It now is the latest encouraging symbol of a whole paradigm shift that's been underway for two or three decades for City planning, real estate development, architecture, transportation planning, and others. Yet, it remains simple enough to ensure that it can be comprehended by the community as a whole, not just for the small circle of professionals. CNU Florida would like to express our organization's support for this document and, clearly, it instills smart growth principles, promotes a walkable and safe pedestrian environment, fosters green development practices, promotes a variety of transportation alternatives, appropriate mix of uses, logical building types, and housing affordability, all of this geared toward the ultimate improvement of your residents' quality of life. CNU Florida looks forward to the adoption of this notable and influential document, which thanks to your efforts, will not only benefit the City of Miami, but make Florida a more livable, productive, and cost-efficient place to live, work, and conduct business. The Chapter concludes by offering any assistance we might give. Commissioners, I'm also a cofounder of the Form -Based Codes Institute, and I'm very familiar with the experience all over the country that many of your peer communities have had with codes of this type, and it's truly an outstanding effort, and we urge you to move forward with it. Chair Sanchez: Thank you. Mr. Dover: Thank you. Chair Sanchez: All right. Followed by -- is it Charlie Faral, the Faral Group of Companies? Can't read your first name. Santiago Echemendia: Hi, Mr. Chairman. Santiago Echemendia, 1441, on behalf of Canyon Realty Partners. We -- I'm here in support of the application. We need -- I'm here with Luis Revuelta and one of the architects in his firm, and we have a mapping modification that we want to bring to your attention. It's going to be a five-minute very brief presentation, but just give us a minute to set up. Chair Sanchez: A what? City ofMiami Page 22 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Mr. Echemendia: We're proposing a mapping change on a piece of property. Chair Sanchez: Yeah, I did call his name, but I wasn't prepared for him to present -- I mean -- Madam Attorney? Ms. Bru: He is entitled to present to you suggestions, comment on what you're proposing to do, and you are entertaining changes. Your own Department has suggested that there be some that are made pursuant to the PAB's recommendation. What we're not doing is entertaining a particular application at this point. Chair Sanchez: All right. There is no application. Ms. Bru: Right. So to the extent that he wants to converse about the proposed Code and the proposed mapping, that's fine. He's not advocating on behalf of a particular application that is not before you at this point. Chair Sanchez: So, counsel, you threw me off guard with the application process, okay? All right. You have five minutes. Bob Flanders, you're next -- Mr. Echemendia: I'm sorry; it's --Mr. Chairman, it's not an applica -- Chair Sanchez: Betty Fleming. Yes, sir. Mr. Echemendia: It's not an application; it's a particular piece of property where we believe a mapping change is justified And, again, we are here in support ofMiami 21. Luis Revuelta, who's the architect on this, he's going to speak generally relative to Miami 21. I'm going to basically defer my time to him. I think you want to hear from him more than from me, but just generally speaking, this is a piece of property that's on the river, very close to the MRC (Miami Riverside Center). And I've heard the Mayor say before that Miami 21 is not intended to either upzone or downzone properties. The effect of the proposed T6-8 0 designation on this property is an inordinate burden of 150,000 square feet. That is to say, it affects the down zoning on this property of 150,000 square feet. It doesn't matter whether you look at it from a net perspective or a gross perspective. If you look at the graphic in front of you, it shows you that the T6-8 0, which is proposed is way below what is currently allowed today as -of -right under 11000. It shows you that T6-12 is way below what is allowed today as a matter of right under 11000. We're not even talking about the bonuses. We're talking about the bare as -of -right. It also shows you that T6-24 is below the blue bar, which is what is currently allowed today as a matter of right. The T6-36 seems to be the most compatible. Now, if you add the bonuses, it does give greater density and intensity than what is currently allowed today. What Luis will tell you is that with the appropriate designation appears to be for this property -- and we're talking about not the plan amendment; we're talking about item number one, which I think is, I guess, SP.1 or what have you, which are the map or mapping changes -- is a -- something akin to a T6-36 C, where it is a combination, it has a little bit more intensity, it's something more like the T6-24, but it is certainly not the T6-8 O. I mean, if you just look at the bars, any reasonable person would tell you that there is a gross inordinate burden being imposed on this property. We don't believe that's the intent ofMiami 21. I think Luis has had conversations with the Planning director. I visited earlier today with the Manager. We believe that maybe it's a scrivener's error. Just east of this property you have T6-36. Just -- and I think the Planning Department will tell you it's not a scrivener's error, but it's clearly an inordinate burden. Just on the other side of the river, you have T6-12. I think I've taken more than my allotted time, but if you can at least hear from Luis Revuelta. As you may know, Luis is the architect of many of the trophy buildings in the City of Miami, and so let's let Luis have his say. He's also been very involved in Miami 21, andl think he will tell you from his professional perspective this is not the appropriate mapping for this site. City ofMiami Page 23 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Luis Revuelta: Good afternoon, Mr. Chairman. I had put my name down to speak in favor of Miami 21, which I thought would be my two minutes. Do you mind ifI --? Chair Sanchez: Go ahead. Mr. Revuelta: Okay. Good afternoon. My name is Luis Revuelta, with Revuelta Architect International, with offices at 2950 Southwest 27th Avenue, Suite 110. I am in support of approving Miami 21 in its first reading. The spirit ofMiami 21 is a good one for the future of our city, andl believe paralysis by analysis is not a good philosophy to live by. Ordinance 11000 was a good ordinance at the time it was conceived, but after approximately 20 years of changes, it was time to either fix it or develop new guidelines. The decision and commitment was made to start with new Miami 21, andl believe our best approach now, after the great investment of good faith effort, time, funds, is to move to the next step. The uncertainty of what is going to happen with a zoning ordinance in any city in any economic climate is a certain detriment to development. There is no need to explain the obvious. I believe, if we continue projecting the image that we're not sure what we want to do to the development community and the general public in these economic conditions, we're going to suffer an even slower recovery than the one we're experiencing now. As I am sure everyone is, I am not necessarily 100 percent satisfied, but again, paralysis by analysis is not a good approach, and the body of work and effort that has been done, in my opinion, has provided a very good base to finally start this process. Changing a Zoning Code and the plan while trying to maintain fairness and happiness among so many different interests and viewpoints, I am sure has been an incredible difficult job for the staff and DPZ. We developed an appreciation for this effort when we were fortunate to be invited to be a part of the group of architects that participated in analyzing some of their own projects, which were developed under 11000 in comparative studies with Miami 21. In the process of working with the City, staff and DPZ, we had a lot of very good discussions, and over the last two years, a lot of changes have been implemented. We're grateful for their considerations, specifically to Ana and Liz. A couple of quick important points. The instances in which properties were located next to a permanently open body of land of water, like parks, river and the bay or next to substantially large public rights -of -way, like Metrorail, 1-95, the loss of development intensity was large due to the way 11000 allows the increase of the net lot area. In addition, we found corner lots that can use the middle of the two adjacent rights -of -ways [sic] also lost some intensity, although less than the ones above. I strongly believe the specific properties losing substantial square footage; should be given a reasonable transitional grace period to allow those owners to either do something to protect their development intensity or if not, lose them after a logical stipulated period of time. The other concerns I -- the other concern that have -- and it's a big one. I have to say -- andl have to say that we have partially agreed already with the staff and DPZ, like in T6-80 [sic] in the Central Business District, is that as an architect or a developer, if we meet the FLR (Floor Lot Ratio) prescribed by the Code, there should not be a penalty to go beyond the height limit. I think that most of the time what happens is that we have a very difficult time convincing a client to do a building thinner and taller. If a client, if a developer would have to pay -- if they have met the FLR, not if they want to increase FLR -- if they want to increase FLR, they should pay for it. But if they want additional height -- and we are not exceeding the intensity of the project -- I am not in agreement that there should be a payment for going higher. Last, none of our projects has ever been determined by a client saying "Go higher 'cause I want to sell the units higher." That has not happened. But in closing, I believe there's a danger to the high bonus structure, so I feel that it will create a monotony that it's something that I am concerned with. We welcome the opportunity, if the Commission would allow us within first reading and second reading, to continue to work with staff. And, again, I believe it's time for Miami 21. Real quick -- Commissioner Sarnoff. Can I request a question? This is the East Coast Fishery [sic] property. Mr. Revuelta: This is the East Coast Fisheries property, yeah. City ofMiami Page 24 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Commissioner Sarnoff. You're asking for 36 stories? Mr. Revuelta: No. No, no. I think it's very important -- all that we're pointing out -- Vice Chair Spence -Jones: While they're checking on the mike, this is across -- it's not actually on the river; it's across from the East Coast Fishery [sic]. Commissioner Sarnoff. But there's a road between -- I mean, you're on a little sliver of land where the East Coast Fisheries is, very small sliver, and then there's, what, North River Drive or South -- Vice Chair Spence -Jones: South River. Commissioner Sarnoff. South River. Commissioner Regalado: Southwest Northwest North River Drive. Mr. Revuelta: It's Southwest -- Commissioner Sarnoff. Okay. Mr. Revuelta: -- Northwest River Drive. Commissioner Sarnoff. Some west some way river drive. Unidentified Speaker: Southwest North River Drive. Commissioner Sarnoff. Right. Mr. Revuelta: And the property is -- it encompasses the two sides of the road. Of course, under 11000 you use the road and all that space to calculate -- Commissioner Sarnoff. Gross lot, right. Mr. Revuelta: -- the gross lot area. Now, what we're pointing out is that this property right now has been labeled T6-8 -- Commissioner Sarnoff. Okay. Mr. Revuelta: -- and we just did a mathematical exercise. This is what this property basically and intensity can do under 11000, and this is a progression of T6-12, T6-24 and T6-36. Commissioner Sarnoff. You could get right now on 11000 a 36-story building right on the river, right where that property is. Is that what you're saying? Mr. Revuelta: As a matter of fact, there was a MUSP (Major Use Special Permit) approved for that property already at roughly thirty -something -- Mr. Echemendia: Thirty-six stories. Mr. Revuelta: Thirty-six stories. Commissioner Sarnoff. Okay. Mr. Revuelta: So the client asked me to do a study, and this is just a mathematical study of what City of Miami Page 25 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 can happen with T6-8 versus Cl, what could happen with T6-12, T6-24, and T6-36. I think that what we would like to have is the opportunity to work with staff because the answer lies somewhere between the height of T6-36 and the intensity of T6-12. Vice Chair Spence -Jones: Mr. Revul -- Pedro G. Hernandez (City Manager): Mr. Chairman. Vice Chair Spence -Jones: Mr. Revulet -- how do you say it? Mr. Revuletta? Chair Sanchez: Revuelta. Commissioner Sarnoff. Revuelta. Mr. Revuelta: That's fine. Vice Chair Spence -Jones: I'm sorry. Mr. Revuelta: I've been called all sorts of names. Commissioner Sarnoff. Mr. R. Vice Chair Spence -Jones: We -- it's actually in my district, so if the City Manager and your team could work before the next meeting -- Mr. Revuelta: That's exactly what -- Vice Chair Spence -Jones: -- that'd be fine. Mr. Revuelta: -- we're asking. Vice Chair Spence -Jones: I mean -- Mr. Revuelta: If we could have between first and second reading -- Vice Chair Spence -Jones: -- this is the first time this has been brought to my attention -- Mr. Revuelta: Okay. Vice Chair Spence -Jones: -- regarding this particular issue, so -- Mr. Revuelta: And we appreciate that, and that's what we're asking 'cause -- Vice Chair Spence -Jones: -- if we can continue our meetings. I'm glad that you were able to come and show us. Mr. Revuelta: And real briefly, 1-95 is like here, you can see 1-95. Vice Chair Spence -Jones: Yeah, I see your diagram right over here that shows -- Mr. Revuelta: And it's extremely -- Vice Chair Spence -Jones: -- it's six or seven stories. Mr. Revuelta: -- important for this property not to gain intensity -- City of Miami Page 26 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Vice Chair Spence -Jones: Very clear. Mr. Revuelta: -- in square footage but just to gain height and this is -- I think it will be easily solvable if we have the opportunity to work. Vice Chair Spence -Jones: Okay. So, Santiago, if you can -- Mr. Echemendia: Thankyou, Commissioner. Vice Chair Spence -Jones: -- get with staff on -- Chair Sanchez: Okay. Mr. Echemendia: Absolutely, we will. Thankyou. Mr. Hernandez: Commissioner, we'll be more than happy to meet with the applicant and take a look at the options available for that piece of property and bring back a recommendation before the second reading. Mr. Revuelta: We appreciate that very much. Chair Sanchez: All right. Thank you. Vice Chair Spence -Jones: Thankyou. Chair Sanchez: Once again, ladies and gentlemen, this is first reading. It will have a second reading so things could be worked out. All right. Bob Flanders -- Commissioner Regalado: Mr. Chairman. Chair Sanchez: -- you're recognized for the record. Commissioner Regalado: Can I --? Chair Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: Mr. Manager, I really appreciate your immediate reaction to study that, but we've been told that this been four years in the making and it cost two and a half million dollars. Don't you think that the planners would have looked at that possibilities -- at every possibility? I mean, we could wait another four years to study the whole thing, but to have a presentation about one single property and the City not study what was it and what you want, it's really difficult to understand. Mr. Hernandez: Commissioner, I just became aware of this concern at around noon today. I believe that Mr. Revuelta had spoken to Ana recently. Maybe we should have looked at it in more detail before -- Vice Chair Spence -Jones: And, Mr. Manager, I have to say 'cause it is in my district, so -- and I'm going to say I had a million and one meetings in my district, and this is -- andl see Santiago almost every month here. Never has this been brought up to me nor staff -- Mr. Hernandez: No. Vice Chair Spence -Jones: -- that this was an issue at all. This is the first time. So I take full City of Miami Page 27 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 responsibility for my district, andl know that I had a million and one meetings on Miami 21, and this is the first time this has ever been brought up. Mr. Echemendia: And, Commissioner, we -- I greatly apologize. I think we mistakenly thought it was in Commissioner Sarnoffs district, and Luis had produced Ana as an architect to architect, and so we never had an opportunity to present it to you. Vice Chair Spence -Jones: No. I just want to make sure it's clear that, you know -- I know I have vetted out everything in my district and that -- this has never come up. Mr. Echemendia: No. Thank you. Vice Chair Spence -Jones: Okay. Mr. Echemendia: And we apologize. Chair Sanchez: All right. Next speaker, and then we'll have, I believe, it's Faral from Faral Group of Companies. Okay. Robert Flanders: Thank you, Commissioner. I'm Bob Flanders. I live at 720 Palm Bay Lane, Miami, Florida. Good afternoon Mr. Mayor, Commissioners, City Manager, City staff. Since 2005 we have been living, breathing, and guiding Miami 21. And by the way, my statements today are not meant as any disrespect for this Commission, administration or current City staff but they do represent a strong wake-up call in support ofMiami 21, a cornerstone of intelligent planning, a blueprint for success for the City. There are three compelling reasons to adopt Miami 21. One is smart design. Second is honesty in government. And the third is a brighter more definable future for Miami's quality of life. Miami 21 deals directly with a century of uncoordinated planning which has damaged our native habitat, squandered our city's natural beauty with a disjointed cacophony of automobile -centric projects. Much of our waterfront is destroyed with cement. Our single-family neighborhoods lack natural buffers between them and high-rise developments, and we have insufficient green space for parks. This is where you end up with no plan. Just a decade ago, the City ofMiami was known worldwide as a banana republic because we were financially, morally, and even spiritually bankrupt. There was corruption in this Commission, the City Manager's office, and many City departments. Two Commissioners and a City Manager were convicted of crimes and went to jail, and many thought that that was just the start, that more were just as guilty and should go as well. Miami's international reputation for business as usual corruption was celebrated in journals and books. We had indeed become paradise lost. One of the mainstays for that corruption and thievery of the public's interest was the lack of a plan of coherent zoning and building. Miami's convoluted Building Code, a stack almost six feet high, guaranteed that almost every single project proposed to be built in the City had to be brought before this Commission for special dispensation in order to be built. The no plan is a perfect petri dish for payoffs and bribes to buy the kind of project that the developers want to build, not what should be built. Miami 21 is not perfect, but it is tweakable. It is not a one -size -fits -all, but a start. Notable examples of tweaking are in the Upper East Side, Spring Garden, and recently on Virginia Key. Miami 21 clearly recognizes that the United States has become a suburban nation, and that the City ofMiami and the center of its dense metropolitan surroundings deserves a better future. There are no good reasons not to pass Miami 21. This is our once -in -a -generation opportunity to fix the three problems that have plagued Miami since its founding. Shane Graber joins me in my remarks; he could not be here. He's in New York. Thank you very much. Chair Sanchez: Thank you. Betty Flemings [sic] and Joseph Furst. Emil Faral: Good afternoon, Commissioners, Mayor. My name is Emil Faral, and I'm here representing properties I own, as well as other properties that own by a friend of mine in the City ofMiami Page 28 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 City ofMiami. His name is Jaime Brugos (phonetic), for the record. And l feel thatMiami 21 will help us as taxpayers, basically help our business. It will help small business owners, such as myself, to survive. We have seen the City evolve over the years, especially the downtown, the Brickell area, and Mary Brickell Village. I am aware that some of the Commissioners are pro Miami; some are against it. What I'm here today to ask, even though we all know that Miami 21 is complex -- I am not an expert on it, but I'm here to ask tweaking it and working with us people that are within the City that are paying thousands of dollars in taxes a year to work with us in the heavily commercial area in the Mary Brickell Village area. And in closing, I would like to see Miami become as DC (District of Columbia), Chicago, and New York. Thank you very much. Chair Sanchez: Thank you. Betty. Betty Fleming: Oh. Good afternoon, Mayor Diaz and Commissioners. I'm Betty Fleming from the University ofMiami. I'm here to speak about the Miami Health District. As you know, there are numerous federal, state, county, city, and private institutions in the health district that provide the best medical, judicial, educational, and social services to our residents and visitors, meeting the needs of diverse and growing community. The Health District is in an unique urban center that already exemplifies many of the Miami 21 premises. It is strategically located, has excellent transportation connections, and is soon to have one of the first circulators in the city, and it's home to a family of institutions ready to promote entrepreneurialship and job creation. Miami 21 will provide good planning principles necessary to create a more walkable community, where employees and visitors from adjacent neighborhoods can walk or bike to work or appointments and to enliven our streets with retail, restaurants, and other amenities that are greatly needed to provide a true 21st century urban neighborhood. We look forward to working with the City as we expand our facilities and improve our neighborhood. And lastly, special thanks to City staff for their tireless effort to ensure thatMiami 21's vision for the Health District fulfills the commitment to continue to deliver the best quality of services in a more accessible and attractive neighborhood. Thank you. Chair Sanchez: Thank you. Let's get Joseph Furst, Anthony Garcia, Vicky Garcia -Toledo, Peter Wood. Come on, not everybody at once. Vicky -- Joseph Furst, Anthony Garcia, Vicky Toledo, Peter Wood. Yes, sir. Peter Wood: Mr. Mayor and Mr. Chair and Madam Vice Chair. My name is Peter Wood. I'm with the Health Foundation of South Florida, and I'm here representing an organization by the name of the Health and the Built Environment Committee, which is affiliated with the Health Department. Because of the growing and widespread impact of obesity, diabetes and cardiovascular disease, it is critically important to create an environment and encourage residents of City ofMiami to incorporate physical activity on a everyday basis. This can be accomplished through increased land -use mix and increased site and street design, which are key components ofMiami 21. After careful consideration, the Health and the Built Environment Committee has approved support -- Vice Chair Spence -Jones: We got to stop. We have to have three people on -- Ms. Burns: We've lost quorum at this time. Vice Chair Spence -Jones: You can continue. Mr. Wood: After careful consideration, the Miami Dade County Health and Built Environment Committee has approved support for the Miami 21 project. The primary irrationale [sic] is that we firmly believe that the project will increase levels of incidental physical activity and, consequently, improve the health of City residents. The Health and Built Environmental Committee is represented by multiple organizations, planning and health organizations across the city and the county, and as a part, as I mentioned, of the Health Department of the County. City ofMiami Page 29 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 We rigorously reviewed the evidence linking health, physical activity and the built environment and are advocating for ways of improving the understanding of that linkage and advocating for improved changes here locally to the built environment. And we would like to forward our recommendations for the approval ofMiami 21. Thankyou. Vice Chair Spence -Jones: Thankyou. Anthony Garcia: Good afternoon, Commissioners. My name's Tony Garcia. I'm a resident at 225 Southwest 36th Avenue. That's District 4. I'm here -- I'm a writer at Transitmiami.com. I'm an urban planner. I've been an intern architect for five years. And l just want to discuss how our national leaders are currently discussing important issues, such as climate change and health care. It's imperative that you understand the connection between Miami 21 and these issues, while also understanding the plan's importance for our quality of life. As a form -based code, the plan rejects the existing automobile -based regulations in place of rules that promote walkable development, compact streets, and more thoughtful transitions to our neighborhoods. According to the DOE (Department of Environmental Protection), one-third of all greenhouse gas emissions come from the transportation sector. By turning away from planning practices that encourage and contribute on our dependence on automobiles, the plan is a powerful tool in lowering our greenhouse gas emissions. Studies have shown that residents of compact walkable neighborhoods produce a fraction of the GHDs produced by the City ofMiami residents. Additionally, our existing culture or car -based planning has had a measurable negative impact on public health. A 2007 study by the National Institutes on Health found that people who live in walkable and compact neighborhoods have lower rates of heart disease, obesity and depression than the national average. By encouraging and supporting walking as a viable form of transportation, Miami 21 promises to reduce our local greenhouse gas emissions and improve public health. Of more immediate concern to the residents to the City is how the plan balances the needs of continued urban development with quality of life in existing residential neighborhoods. The plan allows better transitions from high -density corridors to residential neighborhoods by legalizing intermediate building types that are common throughout the United States. Brownstones, 3- to 5-story apartments building, we don't have them. We used to, and now the Code is trying to legalize them again. These new categories of development will allow sensitive transitions that will protect homeowners from drastic changes in building height from one scale to the next. Critics of the plan cite a laundry list of conflicting problems. The development community thinks it is too restrictive, residents feel it's not restrictive enough. Many of the complaints have little to do with the substance of the Code and more to do with politics. Some have even suggested scrapping the plan entire and simply patching our existing broken system. This is not a tenable solution. We need to be proactive rather than reactive in addressing the problems facing our society both at the national level and locally. Miami 21 might not be perfect, but you should ask yourselves whether you're willing to put off until tomorrow what we can do today. Vice Chair Spence -Jones: Thankyou. Mr. Garcia: Thankyou. Commissioner Regalado: Can I ask you before -- because I know that you are very proactive in transportation. What can we do as a city and you as a resident with the proposal of the County who runs every aspect of transportation of decreasing millions of miles in terms of ridership in the transit -- mass transit with the new budget that they have to discuss? You're aware that it is - Mr. Garcia: Are you asking me what I think about the budget? Commissioner Regalado: Yes. City ofMiami Page 30 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Mr. Garcia: Well -- I mean, I -- Commissioner Regalado: No. Mr. Garcia: -- don't think it's appropriate to discuss the budget here, but -- Commissioner Regalado: No, no, no, no, no, no. Mr. Garcia: -- as far as what you guys can do -- Commissioner Regalado: I'm not asking you about this -- the budget. I'm asking you how do you, as an organization that supports the way that we should be doing the transit in the City of Miami, deal with the drastic reduction in bus routes and in Metrorail, which is the only means of mass transportation that we have in the City ofMiami? Mr. Garcia: Well, what we're trying to do is fight for more funding for transit. Commissioner Regalado: I understand, but -- Mr. Garcia: I think that -- Commissioner Regalado: -- I just want to know if you're aware -- Mr. Garcia: Oh, no. We're aware, we're aware. Commissioner Regalado: -- that they're reducing mass transit in Miami -Dade County? Mr. Garica: I understand that, but I think that that's -- that's not a separate issue, but this has to do with that. If we don't need to get in our cars to go everywhere and we don't need -- we're going to have a more balanced system. Commissioner Regalado: So you are aware. Mr. Garcia: There'd be more money for transit. And they have to go hand in hand. We can't just build transit lines and then expect people to drive to the transit to use transit because that's not going to work, so you -- Commissioner Regalado: So you're aware that it's not going to be so many buses? Thankyou. Vice Chair Spence -Jones: All right. Mr. Garcia: Thankyou. Vice Chair Spence -Jones: Thank you. Vicky Toledo, and can I have Jose Navia and Andrew Georgiadis? Vicky Garcia -Toledo: Good afternoon, Commissioners. Vicki Garcia -Toledo, with the law firm ofBilzen Sumberg, and also as the chair of the Builders Association of South Florida Committee on Miami 21. I am going to speak only to item 1 and really, in a procedural context. The only - - the reason why we only speak to item 1 is because you have a special meeting that was called for this afternoon. That special meeting was for the adoption ofMiami 21. That meeting notice was silent on items 2 and items 3; item 2 and item 3 deal with Comprehensive Plan and deal with historic preservation, so I will speak only to item 1. And as to item 1, Miami 21, you heard at the beginning of the presentation, your Planning director addressed a number of changes or additions or amendments, some of them, as -- at the request of the Commission, I think, or as City ofMiami Page 31 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Commissioners' directives. Those Commissioners' directives did not have an opportunity to go through the legal process required by the City ofMiami Code and the State of Florida to be heard by your Planning Advisory Board acting as your official planning council under Chapter 163 of State Statute. Therefore, we believe that those two other items are not legally in front of you today. Further, because Miami 21, as it is being discussed under item 1 and its adoption, would be inconsistent with the Comprehensive Plan unless the changes of item 3 on your agenda are heard and approved by you. I would present to you that it is quite possible that you are not able to take action on item 1 because item 3 is not in front of you. A self-serving statement by your Planning Department that these changes are directive of Commissioners or that are inconsequential in nature is not a cure for a legal procedural defect. It is still a violation of due process to the citizens of this community. The concepts that they're bringing forward may be very meritorious. I do not challenge that. And I'm thinking in particular the item of a view shed protecting designated historical properties and their views and may have a great deal of merit, but that was never part ofMiami 21 that went to the PAB. It was never part of the Miami 21 that went to all those 500 community meetings, and there may be individuals whose properties will be negatively or positively affected, who have a right to be here to speak either against or in support of that concept who have not had that opportunity. And consistent with that, you will find that that idea is repeated throughout Miami 21 document. Just like you saw a few minutes ago, we may have had 500 meetings, but look what's happening to that piece of property on the river. So are we there yet? Are we 100 percent? Is it 100 percent? Probably all would agree that it is not. Andl quote from a document or a statement that was written and issued by your consultant to the County -- to Miami -Dade County's Climate Change Committee, one of the committee -- subcommittees which is chaired by your consultant; and when she could not attend last week, she sent a statement, and let me read it to you. Is it 100 percent perfect? Speaking about Miami 21. Probably all would agree that it is not. Well, after four years and millions of dollars, I think that this City deserves, if not perfection -- 'cause we're all human -- at least completeness. And we don't have it yet. So I would urge you to postpone, delay, continue, defer this matter and let's continue to work. Let's even -- if we want to have an overlay, let's make these two Codes work. But it is not ready for primetime. Thankyou. Vice Chair Spence -Jones: Thankyou, Vicky. Commissioner Sarnoff I have a question. Vice Chair Spence -Jones: Sure. Commissioner Sarnoff You indicate that you cannot hear number 1 because number 3 is not properly before us. Ms. Garcia -Toledo: Correct. Commissioner Sarnoff Number 3 is historic designation. Ms. Garcia -Toledo: I'm sorry; number 2. I apologize. Commissioner Sarnoff Okay. Is there anything in your life that's 100 percent perfect? Ms. Garcia -Toledo: Never. That's why I said we need -- we're going for completeness, not perfection. Commissioner Sarnoff Okay. Thank you. Vice Chair Spence -Jones: Thankyou. Commissioner Regalado: So you would say -- Vicky, before you go -- that if this Commission City ofMiami Page 32 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 were to move ahead, it's your professional opinion on item 2, there might be litigation against the City? Ms. Garcia -Toledo: Absolutely. I think the special meeting was correctly called for Miami 21, which is item 1, but there was no mention in the notice for the special meeting as to the two additional ordinances that are in front of you. And ordinance number two, as I stand corrected, is necessary for compliance in adopting ordinance number one. Vice Chair Spence -Jones: Madam City Attorney, can you address --? Ms. Garcia -Toledo: And would urge you -- I think there's a lot of other people that have greater expertise in this issues than I have and have fully researched it. I would almost ask you to call them forward because their arguments are meritorious; they need to be heard, and we may be wasting all of our times and find out at 11 o'clock tonight that we should not have been here. Thank you. Commissioner Regalado: Thank you. Vice Chair Spence -Jones: Thank you, Vicki. Can we -- Commissioner Regalado: Thank you. Vice Chair Spence -Jones: -- have, though, our City Attorney address that, if you don't mind, Commissioner Regalado? Madam City Attorney. Ms. Bru: I have reviewed the notice that was provided to the public with respect to all three items, and the notices are very clear as to this meeting that is being held on August 6, a special meeting for -- to consider not only the Zoning Code, but also the comp. plan amendment and article -- Chapter 23, which is not a land -use item per se because it is a City Code section. This has been properly noticed. Commissioner Regalado: You are 100 percent correct? Ms. Bru: I think there's no one that can tell you that they're 100 percent certain -- Commissioner Regalado: Exactly. Ms. Bru: -- on anything. And my experience in the City is, anything that we do is subject to challenge. All can tell you is that it's properly before you based on the notice that I have been provided that saw in The Miami Herald. Commissioner Regalado: Madam Chair, could we get somebody? Vice Chair Spence -Jones: Well, no, no, no, no, no, no. We're going to have order in the meeting. We're going to have -- I'm not going to be calling people from the different -- Commissioner Regalado: If -- Vice Chair Spence -Jones: I know, but I want -- Commissioner Regalado: I mean, this is a legal -- Vice Chair Spence -Jones: I know this is a legal thing, but then I'm going to have four or five different attorneys run to the podium. I would like to at least keep order in. Madam City Attorney, you've addressed it, correct? You've addressed it, right? City of Miami Page 33 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Ms. Bru: Yes. Andl have a copy of the notice, you know, that was -- Vice Chair Spence -Jones: Okay. Ms. Bru: -- published in the newspaper. Vice Chair Spence -Jones: So when those attorneys have an opportunity to come -- 'cause I'm sure they all have signed in -- they can, once again, bring that point up again, but I'm going to keep order in because if not, we will be here to 12 o'clock tonight. No one else has a six -month -old at home but me, so I want to make sure I keep this meeting moving. Commissioner Sarnoff.. We're going to get you home by 9. Ms. Bru: Let me address one more issue that was mentioned so that it doesn't have to be brought up again and we can put it to rest. Have there been changes since the Planning Advisory Board considered these items? Yes. Is that legal? Yes. It is well -established law that this body, which is the ultimate decision -maker in this -- in these items that are before you, can entertain modifications and revisions. If not, you would be sitting here doing absolutely nothing but rubberstamping something that came from someone else. Now, it is well -established law because as long as you don't change the general purpose of the ordinances that are before you, you can make modifications to it. Vice Chair Spence -Jones: Okay, so we're -- are we done? Okay. All right, let's move on. Ms. Bru: Madam Chair. Vice Chair Spence -Jones: Thank you. Let's move on. Navia? Jose Gelabert-Navia: Yes. Vice Chair Spence -Jones: Jose Navia and Andrew that's next, so if we could have -- after that, Joe Goldman. If he's around, please go ahead and stand. Mr. Gelabert-Navia: My name is Jose Gelabert-Navia, with offices in 806 Douglas Road. I was originally not going of speak on this matter, as there might be a perception that because of my relationship to certain individuals in the City or my 28-year association with the University of Miami, of which Elizabeth Plater-Zyberk is the dean, maybe my opinion might be biased. I only chose to do so when yesterday I received an e-mail from the American Institute of Architects urging all of its members to come today and to speak against Miami 21 and sharing a resolution purporting to represent our organization. It certainly does not represent my opinion, nor do any of the architects that at least I associate with. I come today not only as a teacher, but also as the head of the Miami office of one of the largest firms in the United States, with 19 offices in North America. We are experiencing the worst recession since the Great Depression, and many of my colleagues have seen their practices dwindle and even disappear. As an architect who works across the country, I can unequivocally tell you that the only cities in which we are seeing activity and hope are those cities which have codes such as Miami 21. Cities that allowed for unbridled development, such as our current Code, are the worst affected. The Code, as well as our banking system, became a vehicle for fraud Miami 21, rather than close the doors to development, opens the future to a more ordered, planned and controlled growth that will reestablish Miami as a community where people will choose to live, work and raise their children. Thankyou. Vice Chair Spence -Jones: Thankyou. City of Miami Page 34 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Andrew Georgiadis: My name is Andrew Georgiadis, and I'm a born and raised resident of Miami, and I'm also a town planner and a code writer with the firm of Dover Kohl & Partners. I just wanted to present a short analogy to you. Imagine that you always wanted to play the piano. You always wanted to learn the piano. And suddenly, Beethoven or Mozart came back to life and was your next -door neighbor and offered you lessons to learn how to play the piano, and then would you hesitate and say, "Well, perhaps I could find a better teacher. Perhaps, I could find somebody better than Beethoven?" Well, we're in a similar situation today. We have virtuosos of planning, Duany Plater-Zyberk, led by our visionary Mayor, and Planning director. You'll never find any better -- they may be the greatest living ones, and they're hired all over the world to produce similar form -based codes with spectacular results. They happen to be Miamians, our neighbors, meaning that they have an extra dimension of love and dedication for their city, and the Code reflects all of that. But we're hesitating whether we should adopt this brilliant piece of work that will change our city for the better and for decades and generations to come. You may hear AIA (American Institute of Architects) and other prominent architects later on today tell you that architects and designers and planners resent so-called restrictions on their creativity. I disagree, andl cannot wait to design underneath -- under this Code and also to live in the city that grows up around this Code. The best cities in the world that we all admire and visit have been aided and have become loved places because of Codes like this. Please, let us join the ranks of those great cities. Chair Sanchez: Thank you. Joey Goldberg [sic] -- Joe Goldman: Good afternoon -- Chair Sanchez: -- Goldman. Mr. Goldman: -- Mr. Mayor, Chairman Sanchez, Commissioners, Mr. City Manager. My name is Joey Goldman. I'm a managing partner of the Goldman Properties company. I'm also the chairman of the Miami Arts and Entertainment Council. I strongly support Miami 21. I would like to congratulate the Mayor, the Commissioners, the consultants, and this entire City Administration on many hours of hard work and thoughtful discussions on Miami 21. Goldman Properties, my father, Tony Goldman, as well as myself and others in my family have been involved in urban revitalization for decades, starting in New York City with the brownstones on the upper Westside ofManhattan, then on to the SoHo arts district where I grew up and where my father still lives. Later we would go on to develop the historic Wall Street financial district in downtown New York City, together with other projects around New York City and the state. My father brought our family to Miami, Florida in the early 1980's; not just Florida, but specifically the City ofMiami. It was in the early '80s that my family purchased property in Coconut Grove. It was Coconut Grove and the City ofMiami that enabled my father to discover Miami Beach in 1985. In 1985, Goldman Properties went into, at the time, a blighted South Beach and became instrumental in the revitalization of what is now a thriving 24-hour live -work international pedestrian center. We're also currently involved in projects in the city of Philadelphia and the city of Boston. For the last five years, Goldman Properties, in this case led by me, has been acquiring and restoring property in the WynwoodArts District, which sits in District 5, Commissioner Spence -Jones's district, and District 2, Commissioner Sarnoffs district. At this time, I would like to congratulate the Mayor and his staff the City Manager, all the current City Commissioners, Planning and Zoning and the City Attorney's Office on successfully recently creating the Wynwood Cafe District. This cafe district ordinance will enable the WynwoodArts District to become the pedestrian friendly neighborhood all Miamians will be proud of. It will encourage the development of more galleries and museums and will help the 100 plus existing galleries, museums and other businesses to survive and prosper. It will make our neighborhood safer by putting more people on the streets. Chair Sanchez: All right, Joey, you got to close it up. City ofMiami Page 35 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Mr. Goldman: Yeah, I am. It has given Miami, an already -internationally recognized arts district, the opportunity to become a future internationally recognized arts and entertainment district that will encourage residents and international visitors to enjoy the district and support the businesses. Zoning is an important piece to this process. In my opinion, the new Miami 21 Code will be far better for the City and will surpass the antiquated old Code. Chair Sanchez: You would be in favor of it? Mr. Goldman: I would be. Chair Sanchez: Thank you. All right. Mr. Goldman: Okay. Chair Sanchez: Thank you. Mr. Goldman: Thank you. Chair Sanchez: All right. Albert Gomez, Ryan Grindler, Joe Wilkins, Steve Hagan. All right, let's go, let's go. Joey Wilkins: Going once, going twice. Chair Sanchez: Let's go. The list keeps getting longer and longer. Mr. Wilkins: Joe Wilkins, 228 Southwest 23rd Road. I'm a member of the Miami Roads Neighborhood Civic Association. Nice to hear of all these good things about Miami 21, but as they say, the devil is in the details. One of the details that was brought up, I believe, by Commissioner Regalado, andl saw it very quickly on the screen up there, was Coral Way, also known as Southwest 3rdAvenue, between 15th Road and 32ndRoad This area currently under 11000 allows sky's-the-limit buildings right next door to single-family homes. For an example of why this is a bad idea, look at the Nautica on the corner of Southwest 26th Road and Coral Way, right next door to a single-family home. I thought this was going to be different under Miami 21, but from what I've been able to see so far, this is still going to be allowed. This is unacceptable to our neighbors. It hurts me every time I look at that building and to think that the whole of Coral Way could be Nautica is just simply unacceptable. We would ask that Coral Way, actually anywhere that's adjacent to a single-family home but particularly this area, should have at least a height limit of perhaps 35 feet or, in Miami 21 language, be a T5. Chair Sanchez: All right. Thank you. All right, can we address --? I think we need to address that. Vice Chair Spence -Jones: Yes. Chair Sanchez: 'Cause that's an inaccurate statement. Under 11000, yes, he could have built that. Under -- Ms. Gelabert-Sanchez: Under 11000, it's -- unlimited is C-1. What we're proposing is T6-8 is eight stories. The protections we have put for the single-family residential is that we prohibit a T6-8, which is abutting a single-family residential neighborhood to seek bonuses, so eight -story is the maximum they can do. In addition to that, we have incorporated in the Code the step backs. It used to be, when we started the process, I believe it was four stories and then you had a setback of 20, 25 feet. Now we have said two stories and then you have to setback. The two stories came as a result that we're trying to create the closest transition possible to what it is a single-family home. Single-family home of one story is 25 feet, but as we -- the transition we felt City of Miami Page 36 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 two stories. It's going to be a little higher, but it was creating that transition, so there is that setback. In addition to that, what we have also done is if the property is deeper than a hundred feet, which is not all of them -- there's just a certain few -- we are saying that instead of having the setback of the six feet and then two stories in back, it has to be 10 percent of the depth of the lot. Again, that is to -- on one end you have a property owner that has properties on Coral Way, but you are abutting a residential, so, yes, you will be able to develop, but, yes, you would have to provide a greater setback. And so we believe that those things that we have put into the Code are a protection to the residential and creating that transition. But again, I just want to make sure because I know in the presentations in the public meetings we've said it, at T6-8 abutting a single-family home or a duplex cannot go for the bonus. Eight stories is the maximum. Chair Sanchez: Thank you. All right. Next speaker, let's try to get going. Ryan Grindler: Thank you, Mr. Mayor, Commissioners. My name is Ryan Grindler, 1430 Brickell Bay Drive, number 1207. I come before you on my own behalf as a resident of the City ofMiami, but also spend much of my time and my work on redevelopment and development projects, andl am very excited and supportive of this project, andl am looking forward to working within a code that is predictable, andl don't want to spend a lot of time. I agree with a lot of the statements that have been said before me, andl thank all of you that are supporting this. Chair Sanchez: Thank you. Mr. Grindler: Thank you. Ms. Burns: Excuse me, sir. Could we get your name again for the record, please? Mr. Grindler: Yes. Ryan Grindler. Ms. Burns: Grindler. Thank you. Chair Sanchez: All right. While we're waiting, let's have John Harris, let's have Fred Halter, and let's have Dorothy Anne Hector. Vice Chair Spence -Jones: Steve Hagan, though, I know. Chair Sanchez: And Steve Hagan was called also. All right, let's go. Albert Gomez: Albert Gomez, resident ofMiami, Marc Sarnoffs district. I work with architects. I'm in aluminum and glass. I would benefit from Miami 21 not being put through, but realistically, I also work with the community. I'm into community gardens. I support walking and, generally, as I see it, if we turn our back on Miami 21, too many spot -coding situations will come up. Things will happen. We will build large buildings, and there will be no promotion of walking. The children need to have community in their neighborhood. They need to know what it means to walk somewhere as opposed to get in their car and -- I mean, even ten minutes to get in their car. Somebody has to stand up and say that a cultural shift has to happen in this city, and you know, there's lobbyists. There's people pushing for so many different things here, andl wonder should we rush, should we rush; this is new urbanism, new urbanism. What do we do? Everybody doesn't know what to do, and we're coming to a precipice with this decision. We're making it a precipice, but I don't think there's another choice because if we don't make a decision now, there'll be another set of elections, different faces in the mayoral office, some here, andl just --I'm afraid that we're going to turn our back on a moment in time when we could have made a change for the better. I just wish that you guys take a little step back and become a resident not a Commissioner when you're making your decisions. City ofMiami Page 37 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Thank you. Next speaker. Dorothy Ann Hector: Thank you. My name is Dorothy Anne Hector. I'm from 3621 Bayview Road. I want to say upfront that my parents teach at the University ofMiami, andl have known DPZ my whole life. However, as you remember from being 19 or knowing a 19-year-old, my opinions are entirely my own responsibility, and I'm here today because I firmly believe in the importance ofMiami 21 for my generation. My own family has benefited from the current system. As a personal example, my grandfather, Lewis Hector, once asked one of his partners at Steel Hector Davis to advise my parents on the building of an addition. The architect on the project, my mother, walked me around our neighborhood in a stroller where she met our neighbors to discuss the need for a variance. With their support, she carried me right into this chamber where we got the variance and built my bedroom, but I'm not here today to speak for the people who have architects, lawyers, or neighborhood associations; I'm here to speak for all the people who don't. As a student at the Georgetown University School of Nursing and Health Studies, we researched the effect of public policy, and I've learned the way that Miami has been built over the last 40 years is a health care disaster. Obesity, diabetes, heart disease are just a few of the results of the current system. The people at the top can benefit regardless, but for everyone else, there are physical, social and economic hardships. When Mayor Reilly spoke at the opening ofMiami 21, he shared with us the story of a maintenance worker he met in a Charleston park one morning. That encounter emphasizes the importance, as well as the justice and fairness, of planning a city that is healthy and beautiful for every citizen. If you were in the audience, you may remember the cheers for his words and how we shared across generations and neighborhoods the hope that Miami 21 would help those with ambitions. Today, we are closer to those realities. I hope that when you vote today, you will stop and think about my generation. Will you give us the tools we need to build a healthy, sustainable and beautiful city? I very much hope that you'll support Miami 21. Thank you. Chair Sanchez: Thank you. Next speaker. All right. Next would be Luis Herrera, Robert Hink, Jerome Hollo, Richard Furst? Okay. Steve Hagan: Steve Hagan, 725 Northeast 73rd Street. I'm chair of the Parks in Public Space Committee ofMiami Neighborhoods United. And before I begin, I'd like to have some clarification on what heard earlier as you were going through the changes, and don't count this out. Don't start my clock yet. About Article III, the bonuses, has that changed from one square foot of park space to two square feet of bonus floor space? Chair Sanchez: All right. But listen, let's -- how many questions you're going to have? Mr. Hagan: That's all. Chair Sanchez: Just one? Mr. Hagan: Yeah. Chair Sanchez: All right. That's your question? Mr. Hagan: What? Chair Sanchez: Is -- that's your question to the staff? Mr. Hagan: That's the question. Chair Sanchez: All right, staff, let's address the question. Ms. Gelabert-Sanchez: It has not changed. City ofMiami Page 38 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: It has not changed? Ms. Gelabert-Sanchez: It's the same that we have had since the beginning. That's what we have today. Chair Sanchez: Okay. Steve, let's go. Mr. Hagan: Okay. So a lot of us here, I think you'll hear today are -- you know, like the concept ofMiami 21. However, it is the details that we are here, andl have detailed it on this one page, changes that we believe. We're glad that you changed the atlas back to what it was, having two separate designations between civic space and park space. It was combined into one before. And we were afraid that, you know, parks would just be used as places to put civic buildings. However, you are still allowing 25 percent of parks to be covered with buildings. This number is far too high. Parking space, walkways and hard surface courts also cover substantial portions of parks. We recommend, as we did in the parks master plan but were ignored, that no more than 5 percent of total park area be covered with buildings, and that no more than 15 percent of the total area be covered with buildings, parking and hard surfaces. In regard to the north point of Virginia Key, we recommend it be classed as Tl, per the desires of the overwhelming majorities of the participants in the Virginia Key Master Plan meetings. This designation would allow for environmentally sensitive trails, parking, restrooms and meeting points. In regard to the public space being a way for developers to earn extra floor space, we recommend that in conjunction with this Miami 21 plan, that the addition of parkland be the goal and that proper processes be established to make certain that specific parkland is identified and purchased by either the developer or the City before a certificate of occupancy is granted to the project benefiting from the bonus floor space and that park impact fees, paid by the developer, be designated to improve the land purchased through the bonus if, indeed, the new land is to be a green park and not a hard surface civic space. Early on, DPZ stated that Miami 21 is to be more predictable. Some argue that it is too predictable. It should also be easily understandable and to the point. To me, to be the average homeowner, including myself I find that the "T" designations need improvement so that the average person can know more precisely what a color on a zoning atlas means. Chair Sanchez: Steve, in conclusion, my friend Mr. Hagan: Two minutes. Chair Sanchez: You've already got two minutes. Mr. Hagan: I haven't had two minutes. Chair Sanchez: Steve, in conclusion. Mr. Hagan: One paragraph. Chair Sanchez: In conclusion. Mr. Hagan: Use feet instead of floors or stories. Feet are honest. We talked -- somebody mentioned honesty earlier. Feet are honest; stories are not. For example, T6 through 8 means eight stories, but it can go as high as 12. Why not say T6 through 8 and in quotation marks, "90 feet, plus PB, "possible bonus. Or better yet, do away with the "T" numbers and just use feet. Chair Sanchez: Thank you. Mr. Hagan: T-90, plus possible bonus. City ofMiami Page 39 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Steve? Mr. Hagan: If you are serious about this -- Chair Sanchez: Thank you, Steve. Next speaker. Vice Chair Spence -Jones: Let him -- I would ask that you just let him finish. Yeah. I would ask you let him -- allow him to finish. Go ahead, Steve. Chair Sanchez: Steve. Mr. Hagan: If we're serious about protecting -- Chair Sanchez: In conclusion. Mr. Hagan: -- single-family and duplex neighborhoods, then you must limit the number offeet which directly abut single-family homes. Currently, the building can be no more than 25 feet next to the abutting single-family home. Don't make it 38 feet. And currently, the total height of the buildings, 55 feet, so don't increase it to 80. The Miami Herald has stated that we have plenty of land for high-rises in our downtown area for at least the next 50 years, so don't make the rest of the city a traffic nightmare. Thank you. Chair Sanchez: Thank you. Vice Chair Spence -Jones: I have a question on one of the comments he has -- he's made. Can I get an answer to that, please, Ana? Just on the use offeet and not stories. I'm just curious -- Ms. Gelabert-Sanchez: Let me -- Vice Chair Spence -Jones: -- as to why -- what -- Ms. Gelabert-Sanchez: -- let me -- Vice Chair Spence -Jones: Can you make sure you explain that because --? Ms. Gelabert-Sanchez: Sure. Vice Chair Spence -Jones: Yes. Ms. Gelabert-Sanchez: What we have is stories. We do not have feet. What we have in the Code is that a story can be up to 14 feet. If you do on the ground level a commercial retail space, you can go up to 25 feet. It is not a required 25 or required 14, but we do -- are saying that you can go up to 14, so one story could be 14 feet. We're doing that -- it's usually more expensive. We're doing it because we think it would produce better architecture because I think it would also be good in sustainability. That's why we -- and that has been a discussion since we started Miami 21 about should we -- is 14 too much. That's what we had been presented. That's the 14. Vice Chair Spence -Jones: No. I'm not talking about 14 feet or 15 feet. I'm just -- Well, maybe Liz can answer me a very direct question. What's the reason for not using feet over stories? 'Cause I understand what he's saying 'cause it -- going through a million and one of these meetings, that was one of the things that was very confusing, and then when you actually went out to look at, for instance, a building that did get built prior to the plan and they were told that it would be one -- would be these amount of stories. When you actually got there, it was actually more. So can you explain why you decide to use feet over story or stories over feet? City of Miami Page 40 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Ms. Plater-Zyberk: To put what Ana was saying in a different -- in different words, the current Code does have height limit in stories -- in feet, sorry, in feet, and what that tends to do is that everybody minimizes the floor space in order to get as many floors as they can within the height limit of feet. So that means that we are a city that is full of -- even the most expensive buildings with low ceiling heights. Now, it costs more to do a large -- a taller ceiling height so people will select -- Vice Chair Spence -Jones: Right. Ms. Plater-Zyberk: -- in some cases, to do it and in other cases, they won't be able to afford it. They won't have a market for it and they won't do it. But, you know, if you go to the greatest cities in the world, you know that there is a stock of buildings that have tall ceilings. Vice Chair Spence -Jones: Okay. Ms. Plater-Zyberk: So this is really just opening the possibility. It doesn't mean everybody's going to do it. Vice Chair Spence -Jones: Okay. Ms. Plater-Zyberk: The sustainability issue is that a tall ceiling means that you can -- a room can be warmer, the heat rises to the top -- Vice Chair Spence -Jones: I got it. Ms. Plater-Zyberk: -- and where the people are is cooler, so that's an age-old tradition for -- Vice Chair Spence -Jones: Okay. Ms. Plater-Zyberk: -- hot climates. Vice Chair Spence -Jones: All right, thank you for clearing it up. Ms. Gelabert-Sanchez: Couldl also add something else regarding parks? We are increasing the amount of parks by 117 acres to the City ofMiami. Chair Sanchez: All right. Thank you. Folks, you need to cooperate with us. Look how many speakers we have, okay, so please, cooperate with us. Sir, you're recognized for the record. Let's go ahead and try to have -- let's get another speaker. RichardStrell: Richard Strell. Chair Sanchez: Richard. Okay. Mr. Strell: Thanks. Hello. My name is Richard Strell. I live at 404 Northeast 35th Street, Miami, and I'm also the president of NEAR, Neighborhood of Edgewater Area of Residents. We're an association for people that live basically from McArthur Causeway to Julia Tuttle, east of North Miami Avenue, and so we're made up of residents that live in high-rise buildings, single-family homes, and multi -unit buildings. Thank you for having me, Commissioners. Miami 21 was going to be initially so compre -- oh, let me also say that Horacio gave me his time as a association president, so -- other than the 15 seconds that he used. Chair Sanchez: Okay. At the beginning? All right. Mr. Strell: Yes. City ofMiami Page 41 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: So how much time are you going to need, sir? Mr. Strell: Nine and a half minutes, but I'll try and keep it shorter. It's Christmas; you know, I got nine and a half minutes. No. I will use less. Okay. This plan is not close to what was promised. Miami 21 was going to be so comprehensive that zoning changes were not going to be allowed. That's how it was originally presented to us. The whole -- over time, the different drafts ofMiami 21 started allowing them, so now, again, the plan allows variances, warrants, waivers, and a host of other ways to change what gets implemented under Miami 21 over time. They're back in Miami 21, so, again, we have patchwork zoning. It's just not called that. Oh, well. Miami 21 was going to have a comprehensive mass transit component; as most experts agree, is essential for new urbanism to work. Oh, well, that goal's gone also. A year ago, in fact, the -- that goal of a comprehensive mass transit plan was eliminated from the website and is no longer mentioned as a part of the goal ofMiami 21. Miami 21 was not going to allow McMansions. When you go through the numbers, it will allow McMansions. In some cases, the houses are not as large, but there is a tradeoff because they are still McMansions by most definitions. And also, the part of the housing Code that has to do with placement on the lot, as well as other problems, create many more restrictions and many more problems that we don't have in the current Code. New high-rises were going to be initially in Miami 21 's proposal; low and fat, taking up most of the lot but shorter. In fact, they used the aesthetic of Paris, the traditional city, as the ideal. That changed. Now, there can be big on the lot and tall again. Oh, well. They also have many conflicting benefits and disadvantages. And the city of West Palm Beach decided, after using the Code, that they didn't work for that city, and that city was smaller; and the plans for the high-rise area there was less complicated than it is for here. The plan is so complicated that many people still don't understand the math of the conversion charts for the high-rise area, and respectfully, Commissioner Sarnoff said that even after three years, he couldn't understand the conversion charts, so the math, obviously, isn't that simple. In the past few years, Miami 21 has been explaining our prob -- when problems are brought up, the solution by Planning and by Elizabeth is that, well, it exists in 11000, but don't understand when I hear that defense because my understanding was that this was going to be better than 11000, and we've heard on many important issues the explanation for why it's there is that this is already in 11000. I also had some big problems with the outreach ofMiami 21 as -- and it goes into many areas, but this is why I have the images. So this is what's shown for the waterfront area. In fact, there are very few, if any, high-rise areas in the City ofMiami with streets that don't already have high-rise buildings or don't have plans and permits for them in place, so for this to be shown as typical of what to expect for the City is dishonest. And so let's look at a closer view of what to expect, based on the actual Code. This is a much closer representation, except -- Ms. Burns: I'm sorry; you need to be close to the microphone, please. Mr. Strell: Thank you. So we're talking about buildings that are -- that can be 48 stories high. It really doesn't look like Ocean Drive when you do that. Whether that's good or bad is not the question. The question is why were we shown Ocean Drive for Miami 21 when the plan shows 48 stories? And why were we shown streets and promenades in front to -- at all of the public meetings, by the way, and on the website for years when that's not what the plan has? That misrepresents, with our tax money, what the plan is. That's what we were shown. There were also erroneous proposals that were disseminated over years about Miami 21. I live on a nearly dead-end street in Edgewater, and when I first raised the narrow streets and how there could be problems with zoning, I was told in writing that that was a problem, that the streets are too narrow for what was proposed; and the City's solution was to add about 12 new north -south streets, and it took me six months to a year to get this, but I finally got this proposed map, which was on the website for a few years. Chair Sanchez: Sir, let me -- City ofMiami Page 42 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Mr. Strell: Yes. Chair Sanchez: -- interrupt you for a minute. Who wants to donate his -- their time to him, to the gentleman? You will donate your time? Okay, sir, you have two more minutes. Ms. Burns: Okay. We need your name for the record regarding the donation, so we don't authorize you to speak. Luis Herrera: My name is Luis Herrera -- Chair Sanchez: Thank you. Mr. Herrera: -- 11000 -- Chair Sanchez: Two more minutes. Ms. Burns: Two minutes. Thank you. Mr. Strell: Okay. So this was the proposed streets, and eventually, I was told by Miami 21, it was just a suggestion when I found out that almost none of the streets existed, and there was no plan to put them in place. That, to me, is not a comprehensive plan for the high-rise area. This is the plan; the top drawing is what Miami 21 is showing for a T6 up against T3. Everything's not to scale. As someone with an architecture degree, unless things have changed, you used to do things to scale, especially if it's public information for the whole City ofMiami, so the bottom drawing is to scale. One example, look at the house that's shown next to the two-story T6 high-rise building. If you count the height of that, that's 38 feet. How many neighborhoods do we live in where all houses or even the majority of houses have 38-foot high roofs? Doesn't happen. Fourteen -- most homes are single story, 14, 15, maybe 20 feet. You have some two-story houses. That's a much more accurate illustration of what to expect in Miami 21, and unfortunately, the entire City hasn't seen a real picture. Again, waterfront, dead-end streets. That top drawing is not typical of dead-end streets in Edgewater or in the Brickell area. It's way too high. You don't have many parks like that with 12 trees, picnic benches and a big promenade. You have room for a little circle with a palm tree or an oak tree and you can run the car around it, then you can put a gate at the end of the building along the water after 9 o'clock at night or whatever time you change. But, basically, you have gates along the water, no promenade is promised, no parks at the end of the street, and the drawings, the main point of this is that the illustrations are inaccurate, the presentations to the public have been inaccurate, and for that reason alone, even if it was a good plan, the public doesn't know what you're presenting because you haven't presented it honestly or accurately. Thank you very much. Chair Sanchez: Thank you. Next speaker. John Harris: John Harris. I'm here both as a member of the Green Commission. I'm also a 19-year volunteer. Many people in this room and some of the Commissioners have been out on some of the volunteer planting and greenscaping projects that have been done throughout Miami. I'm here in support of Miami 21. And one of the things that I see even here in front of the Miami City Hall, as you fly proudly, the Tree City USA flag as many other cities do across the country. You're aspiring as a City ofMiami or we are, I should say, in moving forward to becoming an icon or a world -class city. World -class cities provide the green space for their citizens, provide the pedestrians rays, provide public transportation or walkways or bikeways, ways for people to interact and move throughout the City. They don't provide for just any development anywhere any way you want to have it. There's a necessity for all of us to pull in and to learn how to be part of the comprehensive plan process, how to be part of something like developing Miami 21, andl applaud everybody who has been a part of it because we have, I City ofMiami Page 43 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 think, more people that have been involved. We heard some of the hours that have been spent on this, both professionally paid and volunteer unpaid. I am one of those volunteer unpaid people. Andl fully support the effort that's gone on here. We obviously will continue to have controversies under -- over individual properties. People will feel like it's time for them still to get theirs as opposed to for all of us to get ours. The other reason I speak here is that I am an internationally recognized land economist. I do provide a lot of training both for the City of Miami Code enforcement and other cities, so I have seen and been a part of what happens when codes change and the ability of the City staff as well as residents, community leaders, to begin to produce the kind of neighborhoods that they want to live in or produce the kind of neighborhoods we've been promising our children and our children's children for generation and generation. I applaud this effort. I look to continue forward with it. Andl hope that we work to maintain what we've become because that's one of the other issues we still have to get to. Thank you. Chair Sanchez: Thank you, sir. Next speaker. Jerome Hollo: Good afternoon, Commissioners. Jerome Hollo, 100 South Biscayne Boulevard. I'm a stakeholder in, I guess what's called, the eastern quadrant, specifically the downtown area and the Brickell area. And while I agree that Miami 21 is a useful tool in neighborhoods, specifically the transition zones, I -- Ms. Burns: I'm sorry, sir. Can you speak more directly -- Mr. Hollo: Sure. Ms. Burns: -- in the microphone? Mr. Hollo: -- specifically, the transition zones, I think we need to take a little bit closer look in the area that I'm discussing. The area, as you know, is probably one of the greatest generators of tax revenue the City has right now. Andl believe that what's going to happen with Miami 21 is, effectively, you're going to reduce values of properties and that's because -- although we've heard that you can put the same building, the same size building on the lots under 21 as you can do now under 11000, there's additional costs under 21, and the reality is, what you will end up with is homogeneous structures, nothing that we want to necessarily see. The City ofMiami and our skyline has been famous for the type of buildings that were built over the last years. I mean, you know, they're all over the TV (Television) shows, they're on the news, they're shown many times on national television. I think what you'll see is -- and not because architects can't do better structures but because of the costs, you've got to maximize your densities, and what you'll get is you'll get the same building over and over again. And this area important for what a lot of people said. It's important because we want to bring people down there. We want them to be able to live, work and play. We want to be able to walk around. It's difficult right now to say you can walk from one of the other quadrants into the area -- into downtown Miami where many of the offices are because, frankly, we don't have the public transportation necessary for that. We want to bring people into that downtown area. We want to let them be able to live in there, work in there and play in there. So, for that reason, I think 21 needs to be vetted a little bit more when it comes to this downtown area. I'd also like to say there's issues I found in 21 where people have invested large sums of money in the properties, large properties, and although we've spoken to the staff about it, I don't think it's been addressed in protecting those rights between 11000 and 21. Thank you. Chair Sanchez: Thank you. Next speaker. Let's get Arva Parks next, Craig Robbins, Richard -- I think that's you, Richard. Sorry about that. Unidentified Speaker: It's okay. Sure. City ofMiami Page 44 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: All right. Cathy Jones. Robert Hink. My name is Rob Hink, principle of Spinnaker Group, which is green building design engineering and consulting firm, but I'm speaking today as a member of the Miami Green Commission, andl want to speak pretty narrowly to a couple of components that are in Miami 21, and it's really 3.13, which is the sustainability, which I haven't heard a lot of talk about today. Just as a quick point of education, green build -- our current building stock -- our current building stock uses 70 percent of all of our electrical usage, 35 percent generating of all of our CO2 gases, greater than 20 percent of all of our water. If we adopt Miami 21 and the green building clause that is in it, we will be provided with [FED (Leadership in Energy and Environmental Design) certified buildings on any building over 50,000 square feet. Green buildings have been shown -- these are numbers out of the U. S. Green Building Council -- to reduce energy use by at least 30 percent and have a reduction in greenhouse gases by at least 35 percent. These numbers speak loudly to where we are here in Miami. It doesn't take much for us to walk outside this building and see what a small increase in sea level rise can do for us here in the Miami area. The requirement for [FED buildings isn't new. If you look at cities throughout the United States, Los Angeles, Washington, San Francisco, Alexandria, Virginia; Annapolis, Baltimore, Boston, Dallas, Denver, even our Cutler Bay right down the road here have all adopted this as a requirement for their buildings. So as a member of the Green Commission, we fully support Miami 21 and especially the green building portion of it. Thank you. Chair Sanchez: Thank you. Arva Parks: Hello. Chairman Sanchez, members of the Commission. My name is Arva Parks. I live at 1601 South Miami Avenue. I would like to start by sharing a newspaper thing that I read recently. Miami is growing with great rapidity. It will continue to grow in a haphazard, hodgepodge way just like topsy. The date of that was February 15, 1915. In 1915, the Miami Commission, 3-2, voted down a comprehensive plan. It was to be done by Warren Manning. Chair Sanchez: How much would it have cost them back then? Ms. Parks: Fifteen hundred dollars. Chair Sanchez: Fifteen hundred dollars. Ms. Parks: And that's why they voted it down. It was to be done by Warren Manning, who was one of the great planners of the twentieth century. Today, we have an international world -class planner from the 20 -- for the twenty first century, so we're back to having that opportunity. It is about time. For the last seven years, twice a month, I have lived with 11000 as member and then chair of your Planning Board. I know it well. In fact, I know more than I really care to know. And when I learned that, I became very much opposed; 11000 has to go. There are many people here today that respect very much who disagree with me, andl respect their right to disagree. But I see the big perspective. I see it from Miami's 113 years of history. I see it because I spent seven years living with 11000. I want you to drive around and see what 11000 has done to this city that we all love. Drive down Brickell Bay Drive; look at the parking garages, look at the side streets; take a boat up the Miami River; see the parking garages and see the lack of river access. Go down Coral Way and see very large houses smashed up against single-family residents. Go into Little Havana and see the pop-up buildings all over the place. As I have said many times, you all know I'm in favor of historic preservation. I've given up historic preservation for parking garages. Park garages are ruining the City ofMiami, they're ruining our streets. Okay, we've made some changes in that, but it's kind of like the ten suggestions. The changes that have been made to the parking garages are suggestions. They're done by the Planning Department. They're done by the Planning Board. No one has to agree to them. They are not coded The Planning Advisory Board is just a dress rehearsal. They have no power, at all. Under the new Miami 21, there will be some more power. I'll go real quick; just let me City ofMiami Page 45 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 finish. I don't -- so much to say. Chair Sanchez: In conclusion. Ms. Parks: The people -- the thing that I learned most of all is the land -use changes. The land -use changes are ruining Miami. That's what people call "spot zoning." I learned very early on that that was the most important thing that the Planning Board did, more than anything else. We have a lot of very talented lawyers, and ifI ever tried to change my single-family residence into high-rise, I'd hire them, but we have had some terrible situations caused because we brought in MUSPs (Major Use Special Permits) and land -use changes together, which is not how you're supposed to do it. Under Miami 21, we know what we can expect, we know what you are allowed to do; it is transparent. The boulevard. As you read in the paper, we saw, with the principals again, suggestion to the developers -- no requirements -- but we saw what Miami 21 could do. Midtown is another. Under the new program, Miami 21, Chapter 23, we get the transfer of development rights, which means we can save historic buildings and let people get their value from them. I will close by saying that look at the whole city. Many of our neighborhoods have the ability to organize, including the one I live in, but there's a lot of people that don't have the advocates, and this plan will save Overtown, it'll work on Allapattah. It'll keep 79th Street from becoming a canyon. Please, please, look at the City ofMiami. You have an opportunity to not be like the people in 1915 that turned down Warren Manning. You have a chance to make a difference. Thank you. Chair Sanchez: Thank you. All right, next speaker. Craig Robins: Craig Robins, president of Dacra. We are very substantial stakeholders in the City ofMiami, primarily in the Miami Design District, as you all know. And as this matter came before us, I was so inspired to come and speak today. It reminded me about 20 years ago when one of the local papers -- I think it was The Miami Herald -- called a bunch of people in the community and asked them a question, and the question was if you could pick one thing, have one wish for the City ofMiami, what would that be? And this was really about 15 or 20 years ago. And when I was asked that question, I felt it involved tremendous responsibility. I really had to be thoughtful. And what occurred to me and what I said at the time was I would ask the City to hire DPZ to do a new master plan. I know it sounds unbelievable, but that's really a true story. So coming here today and actually having been someone who innocently had that thought and to see the incredible courage that you all have to do something that has real vision -- 'cause, in a sense, vision is tip -toeing into the unknown. It's going beyond what we're totally comfortable with and doing something new. I can tell you that this Code is probably the most important thing that confronts our community because what it does is it changes us from a place that allows things to happen without necessarily contributing value to the overall City to having a much greater assurance that each project will make the City more valuable. Now, I can tell you as a stakeholder with lots of properties that are affected by this Code, it radically changes what can do in certain instances and, in small ways, it even may appear to cause sacrifices. But what it does is it assures that every neighborhood in this City will become a better neighborhood and each project will become a better project. Chair Sanchez: Thank you. Mr. Robins: And so -- Chair Sanchez: In conclusion. Mr. Robins: -- together, we really have an opportunity to make a change, andl urge you all to go forward. Chair Sanchez: Thank you. City ofMiami Page 46 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Mr. Robins: Thank you. Chair Sanchez: Kathy Jones, Edward [sic] Jones, Rick Kalwani, and Dennis Lewis. Ms. Burns: And Mr. Chair, I've been asked to again reiterate for the record that anyone who signed up to speak, particularly regarding SP.2, the comp plan amendment, will be transmitted to the DCA. Thank you. Cathy Jones: Good late afternoon, ladies and gentlemen. And promise you, I will be very, very brief. My name is Cathy Jones, andl reside at 1 Grove Isle Drive, Apartment 1201, Coconut Grove, Florida 33133. At the present time, I do serve as chairperson of the Vizcayas Museum and Gardens Trust; however, that is not how I'm being represented. I'm not representing the Trust today; I'm representing myself as a very interested and very supportive citizen of the City. I'm very proud to say thatl have been a resident of Dade County for almost 40 years, andl have witnessed extraordinary growth and development in our community, thanks to the leadership of our government and the commitment of our community citizens. I have followed this issue and process very closely for the last maybe over two years. I am aware of the input that has been given and the modifications that have been made. I feel we have a real opportunity to move forward in a very positive, progressive way. I'll end it with this. I know that motion doesn't necessarily mean progress. However, in this particular case, I think we need to move forward and have a tremendous success story in the progress of our community, so I urge you all to vote for it. Chair Sanchez: Thank you. Ms. Jones: Have a good day. Chair Sanchez: Thank you. Yes, sir. Edgar Jones: Good afternoon. I'm Edgar Jones, 1441 Brickell Avenue. I want to first congratulate Mayor Diaz, the Commission, the staff as well as the community for undertaking such a ground -breaking zoning change. I think it's a step -- certainly, a step in the right direction. I am encouraging the Commission to vote in favor ofMiami 21. Andl hope, as we end this day, that we don't end it with the status quo. Thank you. Chair Sanchez: Thank you, sir. All right, where is Dean Lewis? Rick Kalwani, all right, then we'll go Danet Linares, Patrick -- oh, I'm sorry, Patricia Lubian, Mike London [sic], Michael Madfis. I hope I pronounced it right. All right, let's go. Those who I called, come on up. You're going to connect? Vice Chair Spence -Jones: (UNINTELLIGIBLE) go ahead and start in the mean time. Unidentified Speaker: Okay. Chair Sanchez: All right. Julian Linares: Hi, Mr. Mayor, Commissioner. Chair Sanchez: Mr. Linares, you're recognized for the record. Mr. Linares: Yes. My name is Julian Linares, 1717 North Bayshore Drive, Miami, Florida 33132. I work with many international investors, andl believe this is a great opportunity to attract many of those investors to the City ofMiami. I know this Commission works very hard for this City. This is the time that we have to define our future. I know you will do the best for City ofMiami Page 47 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 the City ofMiami. Thank you very much. Chair Sanchez: Thank you. Next speaker? Danet Linares: Good afternoon. My name is Danet Linares. My address is 1428 Brickell Avenue. I'm a City ofMiami resident and commercial real estate broker working in downtown Miami. I am here as an individual and a supporter ofMiami 21. I have worked in the City for more than 15 years, representing and leasing office space for the biggest and most well-known office towers in Miami. I can attest that a major contributor to drawing office tenants into the downtown area and to the overall economic growth of our city is good urban planning, specifically, an approach that is pedestrian focused, encourages mixed -use develop, including restaurants and residences near places of work; seeks to accommodate public transportation and simply aims to create a more beautiful city with requirements like unsightly garages being lined appropriately and covered from view, and also an approach that embraces green and a sustainable development. Miami 21 does all of these things. It will make our city richer, more livable and a better place to be. Andl believe it will directly contribute to the economic vitality of our dynamic city. I strongly ask that you vote to approve Miami 21. Thank you. Chair Sanchez: All right. Sam Poole, Bob Powers, Dorothy Maclntyre. Yes, Maclntyre. Okay. Yes, sir. Sam Poole: Good afternoon. My name is Sam Poole. I'm a attorney with the law firm of Burger Singerman, 350 East Las Olas Boulevard, Ft. Lauderdale. I'm here today without client, without compensation. In fact, I'm on vacation. I was walking on the beach in St. Augustine this morning with my wife, who asked me why I would drive 600 miles to speak for two minutes. I've had about five hours so far to think about that question, andl hope I answer it. Chair Sanchez: You understand; I have to treat everybody the same. I do apologize. Mr. Poole: I thinkl can do it in two minutes. I think Miami 21 represents one of those watershed moments in the City's history, and know a little bit about that history. I started elementary school at Santa Clara in 1954. I used to walk to school. I walked to the movie on Northwest 7th. I walked to the public pool. It was a great neighborhood to grow up in. I worked as a planner for Miami -Dade County from 1976 to 1982. And since 1985, I practiced land -use law in this community. When I left the South Florida Water Management District as executive director in 1999, I'd really given up on Miami. My neighborhood in Santa Clara had - - the streets had been converted into highways; it was no longer walkable. I was seeing incursions of commercial into the neighborhoods all over the city, and the downtown then in 1999 and today remains very uncomfortably vacant at night. Miami Code that changed the streets in my neighborhood in Santa Clara and the one that we are now hoping to replace today, I believe, is fundamentally flawed So I drove these five hours to tell you that you've been given the chance to give Miami's neighborhoods and downtown hope and a chance to be a great place again. I want to stay out of the weeds. I just want to speak to the organizing principles, and that is for the Miami 21 -- for -- Miami's current Zoning Code is based on the separation of land uses. That's the core value of a zoning code. When you do that, it requires that you have highways, parking lots; and even when the mixed use is allowed, the Code still requires that the streets be designed as highways. Zoning treats each development as a stand alone project. The organizing principle for Miami 21 is that buildings and streets are the fundamental building blocks of communities and they must relate to one another to create those great pedestrian places. Is Miami 21 perfect? No, of course not; never will be, but it is something that this City needs now. So I drove here today out of a sense of duty to this community to tell you that it's the moment that this City has been waiting for. I urge you all to accept this call to greatness. Thank you. Chair Sanchez: Thank you, sir. Thank you. City ofMiami Page 48 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Dean Lewis: Dean Lewis, principal architect, D. B Lewis Architecture and Design. I wanted to first congratulate everybody in the opportunity and the efforts committed to Miami 21 and, at the same time, underline persisting issues and some recommendations in order to make it the best new Zoning Code that it could be. In particular, new urbanism, as well stated by Alex Krieger, who's the previous chair of the Department of Urban Planning and Design, at Harvard graduate School of Design stated years ago, new urbanism may be about breaking conventions, but secondly, it has created or reinforced the convention of styles, which is resulting in an unfortunate homogenization of many environments. In particular, I would recommend, before Miami 21 is adopted, we refine the FLR calculation. Many of us have opposed from the beginning over a year from today in past discussions that you cannot treat corner lots, infill lots and waterfront lots in the same way when it comes to capacity and buildable area. Architects and all less, per se, than perhaps 11000 Code -based on far and gross lot, which includes center lines of right-of-ways [sic] but definitely allow award and articulate each lot's condition to ensure the best urban development entitlements. Therefore, we recommend the intensity, FLR limits, to be established to ensure compatibility and scale and proportion, recognize particular lot abutments and adjacencies. Next, more specifically, transect zones and the principles proposed -- Miami 21 clearly states, transect zones are sequential in intensity. Successional zoning changes also to be permitted in the future, but in particular, if you look closely between T6-8, moving up to T6-12, your two FLRs 5, moving up to 8, and then I hit T6-24, Igo back down to an FLR of 7, contradicting the basis of the whole transect philosophy and the approach of successional step zoning. Therefore, we would recommend, before you jump to T6-24 at an FLR of 7, you adopt it with a revised FLR of at least 10, then moving successionally up to T6-36 A, which is 12, and then T6-36B, which is 22. Graphically, what that represents here, you can see in the stair -stepping diagram of the zones, why step down to 7 when we should continue to succeed vertically. Next, setbacks. The transect zones in T6, particularly assign a 30-foot rear setback, which is horrendously problematic and it'll increase the cost of construction dramatically because our podiums are dedicated to parking. Thirty feet will drop the column line and the major structural vertical charge loads right in the middle of your drive aisles of any efficiently planned garage. We have respectfully requested that be reduced to 18, which is the length of a parking space. It still is persistently presented today at 30 feet. Finally, the 10 foot setback above the 30-foot or -- excuse me, the 8-story level, the wedding cake cross-section famously coined, we recommend it has design limitations, problematic confrontations with design incentives to bring the towers, dressing the tower to the street, articulating the spirit of a city, such as Miami, uplifting and dedicated to signature skyline buildings. This is not about taming the tower, but instead, writing a Zoning Code. Therefore, our recommendation is the elimination of the setback, but to replace it with a horizontal facade articulation and to further reinforce the role of the Urban Design Review Board -- Urban Development Review Board in that respect and review process. Finally, the transect zones T6 building configurations, the floor plate recommended limits for residential uses and T6-8, 12 and 24 are still too small. They remain at 15,000 in spite of numerous examples of good building combinations in the 18- to 20, 000-square foot range. We're surprised again to see this still limited in 15,000 square feet. Again, the recommendation would be 20. The urban center zone. Here, we're talking about T5. T5 is a proposed urban buffer. The buffer between the residential zones and commercial zones -- commercial boulevards a very critical transect. T5, unfortunately though, still limits the commercial use to only a maximum of 25 percent of the total buildable area of that building in question. This is not enough commercial use to truly ensure an urban center zone or the viability and life of a commercial boulevard. Chair Sanchez: Mr. Dean. Mr. Dean: You're folding the neighborhood in. Chair Sanchez: Let me interrupt you for a minute. City of Miami Page 49 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Mr. Dean: I'm almost done. Chair Sanchez: You're almost done? Mr. Dean: I have one more slide, promise. Chair Sanchez: In conclusion. Mr. Dean: Yes. Chair Sanchez: If not, we're going to -- Mr. Dean: All right. Chair Sanchez: -- have to get somebody to donate some time to you. Mr. Dean: Reintroduce and reaffirm the role of the Urban Development and Review Board. It is mysteriously floating and absent in the authoritative process and the coordinated review committee. We don't understand how this happened and strongly recommend to maintain and maintain professional peer review process, not just at the ominous control of the Planning director, therefore. And in closing, I'll submit on file instead of reading the -- one of the letters of recommendation to oppose Miami 21 in its current state by John Fullerton, and you have copies of the presentation there as well. Thank you very much. Chair Sanchez: Thank you so much. Folks, I don't mean to be rude, but can't allow everyone to come up here and do a PowerPoint presentation with 72 more speakers to go; we'll never get out of here, so work with us. We don't want to deny anybody due process. Unidentified Speaker: Yes. Chair Sanchez: We can do it with the two minutes and the five minutes, so -- Commissioner Spence -Jones: Mr. Chairman -- Chair Sanchez: Yes. Vice Chair Spence -Jones: -- I know you -- I just want to make sure that -- I mean, Dean -- I mean, he brought up some very good points. I just wanted to ask Ana have we considered any of these issues that Dean has mentioned? And if you have, then tell us yes; and if not, can you make sure that the next time it comes in front of us --? Ms. Gelabert-Sanchez: Some, we have. This is the first time I see the presentation, but some of the items, as he was saying, we have considered and we have made either maintained the decision we have; other things we haven't, and we consider if that is your wish. I just want to make a clarification on the last side, on the T5 urban center, he was referring to limited not the open; meaning, it is the one where the commercial is limited and it's purposely done limited like that. So the limitation you have is not the T5 -- we're not allowing limitation on a mixed -use. We have those -- and l just want to -- because the slide was not properly labeled. And as far as the Urban Development Review Board, it's still -- it was discussed in the other lower hearings. It is in. It is at the discretion of the Planning Department, the Planning director, as the project comes in, but it is in there. And the UDRB (Urban Development Review Board) is used when the project (UNINTELLIGIBLE) a magnitude, and so it is -- the UDRB is as -- is also 1305 on the design guidelines. It is also a criteria for the Planning director when looking at projects. Chair Sanchez: Thank you. Next speaker? Sir, two minutes. City of Miami Page 50 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Mike Lydon: Good afternoon. My name is Mike Lydon. I'm the principal of the Street Plans Collaborative based in Miami Beach. I'm currently writing a bicycle master plan for the City of Miami and here to speak today about two issues. One, very general, is being that Miami 21, as we all know is a very aspirational Code, but also provides those things to the -- operationalize [sic] those aspirations to become reality. With Zoning Code 11000, we all know that doesn't do that, at all. It has no aspirations for all of these goals that we have put forth through Miami 21. Secondly, and very specifically, as it relates to bicycle planning and bicycle issues, I have seen the results of Zoning Code 11000 throughout the streets in the City ofMiami and bicycled almost all of them during the planning process that we have undergoing right now and it's been a complete disaster from that perspective. Moving forward, Miami 21 will help support a bicycle friendly environment, pedestrian friendly environment; will very much allow the goals of the complete streets policy that the City recently adopted to actually become reality by not -- by not selecting Miami 21, you'll be turning your back on all those good steps forward and make the bicycle situation still very, very challenging here in the City ofMiami. So thank you. Chair Sanchez: Thank you. Next speaker. Robert Powers: My name's Bob Powers. I reside at 565 Northeast 66th Street. The saving grace behind this whole thing with me is my neighborhood became a historic neighborhood, but for those neighborhoods that aren't historic neighborhoods, this is a disaster, especially if you're an R-2 or an R-3 neighborhood. The bottom line is thatl backup to a commercial corridor, and if my neighborhood had not become historic, they would -- you be able to come right to my property line, and those of you who have been to my home for dinner have sat at that dining room table and there would be a 40-foot wall that went straight up from where my property line ends, and that's what that -- all I can tell you is the reality of this. The other thing also is that just from the reality of presently the 11000 that's in place, to get building and zoning and some of the other issues that we have to deal with to even get them to do things under the present Zoning Code is like watching molasses go uphill. This Code, of which exists nowhere else in the country but here, nobody knows what T3 whatever; they know R-1, they know R-2, they know R-3. Those are reasonable assumptions for somebody coming here from another area of the country buying a piece of property and then realizing what they can and can't do with that property. R-2 would reasonably mean that it's duplex. R-1 means single-family residence. R-3 means four units or more, so that's a reasonable assumption on somebody. I think you guys presently in the financial straits that you're in are creating something that you cannot implement and you can't enforce. You don't enforce the present Code as it is. And the present Code is fine as long as we had enforcement of that Code. It's not. The other thing is that there's a whole lot of exceptions to the rule within 11000, which have made it a disaster. But that can also be -- that can be remedied by not allowing exceptions to the rule, so -- I mean, that -- there's things that can be done that just aren't done. I talk from a very practical. I can't talk about the whatso, what I make up about it. I have to deal with like the whatso and the matter. Whatso and the matter is that we have a city that is just stuck on stupid sometimes when it comes to implementing and doing stuff that we pay for as citizens to this city. We've been paying for it. I mean, we don't even keep our -- anything clean and that -- those are all Code requirements. They don't do -- enforce that stuff. And, you know -- Chair Sanchez: In conclusion. Mr. Powers: -- so I just have to -- so that's -- Chair Sanchez: In conclusion. Mr. Powers: In conclusion, that's what would like to say, is that -- the bottom line is that you have to be logical in this assumption. You guys are going to create a code that nobody understands, everybody's going to need an attorney to interpret it, so you attorneys are making a City ofMiami Page 51 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 lot more money now, andl wish I had 10 percent for every good attorney who was in this room; I could retire again, but it's just fascinating how like -- Chair Sanchez: Thank you. Mr. Powers: -- all this is. But thank you very much. Chair Sanchez: Thank you, Mr. Powers. All right, speakers, let's go. Caitlin MacLaren. Dolly Maclntyre: I'm Dolly Maclntyre -- Chair Sanchez: Yes. Ms. Maclntyre: -- 409 Vizcaya Avenue, Coral Gables. I've been an active historic preservationist in Miami -Dade County for over 43 years, longer than most of you've lived. Chair Sanchez: Thanks for reminding me. Ms. Maclntyre: Now, more than ever, is the time for Miami 21. With development slowed, it provides an opportunity to implement the new Code in a reasoned way without the frantic pressure of the development that we have undergone in the last several years. Others have spoken of uncertainty in the new Code. I contend that the existing Code is the one full of uncertainty. We never know what variance is going to be granted. It's often dependent upon the skills of the land -use attorneys that are hired, and we've seen some of that today. I and many others have spent hours and hours in this chamber defending our homes and our heritage against variances. This new ordinance will now allow us to stay home and enjoy our neighborhoods because the Code will protect our neighborhoods and our history. I urge you to give us that protection. I would like to mention one small housekeeping detail. Early in the presentations you heard about notice to homeowners associations. The reality of that is that often the address list that the NET offices have are out of date, and so not everybody gets the proper notification. So these associations and organizations must let the City know who their current officers are and what their right address is. I don't know how this can be done, but from having to send out notices in the past and had many of them come back undelivered, I know this is an issue. Thank you. Chair Sanchez: Thank you. All right. Caitlin MacLaren: Hello. My name is Caitlin MacLaren. I live at 7730 Southwest 53rd Place. I'm here today on behalf of the Tropical Audubon Society, however. The Tropical Audubon Society has been mostly favorably impressed with Miami 21 because we believe it will help reduce urban sprawl. However, we would like to encourage you to change the labeling of the north end of Virginia Key, which, in the current version ofMiami 21, it's labeled "urban core," which I can only assume is a mistake because it is the home to many endangered species, including native plants, as well as sea turtles. So we would like to encourage you to label this a natural zone so that we may protect what little is left of our natural environment. Thank you very much. Chair Sanchez: Thank you. Next speaker. All right. Did we get Rick Kalwani up here and Patricia Lubian? Mike London [sic], Michael Madfis? Henry Pino, Bennet Pumo, Tony Recio. Vice Chair Spence -Jones: Wait. What names did you call already again? Chair Sanchez: Tony Recio. Vice Chair Spence -Jones: No. Start from the top, the first one again. City ofMiami Page 52 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Rick Kalwani. Vice Chair Spence -Jones: Rick Kalwani. Chair Sanchez: Well, not here. Vice Chair Spence -Jones: Not here, not here. Chair Sanchez: All right. Vice Chair Spence -Jones: Who's the other one? Chair Sanchez: Patricia Lubian. Vice Chair Spence -Jones: Patricia Lubia [sic]. Chair Sanchez: Okay. Mike London [sic]. Vice Chair Spence -Jones: Mike London [sic]. Chair Sanchez: Michael Madfis. Vice Chair Spence -Jones: Michael Madfis? Chair Sanchez: Okay. Vice Chair Spence -Jones: I think -- Tony Recio: Tony Recio. You had called me earlier. Sorry. Couldn't hear outside. Chair Sanchez: Henry Pino, next. Vice Chair Spence -Jones: Ben Pumo, right? Chair Sanchez: And then, yeah, Ben Pumo. Ben? Bennet Pumo: Right here. Chair Sanchez: Okay. All right, let's go. Tony Recio: Good evening, Mr. Chair and members of the Commission. Tony Recio, law office at 2525 Ponce de Leon Boulevard. While the aims ofMiami 21 are indeed commendable, there are specific issues, andl think what you're hearing some of this evening is that the ordinance still needs work if it's going to go forward I just want to highlight two specific issues. It's a little bit of the weeds, but would like to call those out because I think they're pretty significant issues. Number one, there's no provision that takes care of pending applications. I have one client in particular -- actually, my firm has three clients in particular that have pending applications before this Commission that have already gone to first reading that are stuck in the middle and -- Chair Sanchez: Whoa, whoa, whoa, whoa, whoa. Mr. Recio: -- they can go to second reading, but if Miami 21 -- City ofMiami Page 53 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: No, no, no, no, no, no. Let's explain that. That's not a correct statement, counsel. How can you say that? Vice Chair Spence -Jones: Okay, so you want him to explain it? Chair Sanchez: Can you elaborate on that? He's gone through the process. Ms. Gelabert-Sanchez: Once an application is in, it's in the process, even if we changed this tomorrow, we would have Miami 21; your application is in and it proceeds with it. Mr. Recio: The only thing that would say is with the language that is written into Miami 21, at least from the way I understood it -- and if you can correct me, that'd be great -- it's for a rezoning specifically. A change of zoning district that occurs prior to a new change of zoning un -- Miami 21 rechanges [sic] that zoning. It's not the same as a development order that has conditions and -- conditions that can be implemented. And if I'm incorrect, I would appreciate it. Ms. Gelabert-Sanchez: And let me read it to you and see if this -- Mr. Recio: Please. Ms. Gelabert-Sanchez: -- clarifies, and maybe I cannot on -- what we're doing with the permits, I was -- Mr. Recio: Sure. Ms. Gelabert-Sanchez: -- waiting for later. But it says, the adoption of this Miami 21 Code shall not affect nor prevent the prosecution of any pending at the time of the adoption of this Code, which action is to enforce Ordinance 11000, the conditions of any development order adopted under Ordinance 11000. The conditions of a development approval under 11000 shall continue in full force and effect unless a new approval is obtained. At which time, development shall come into conformance with the regulations, if required. Article VII, Section .2 of nonconformities. Mr. Recio: Okay. Ms. Gelabert-Sanchez: But I think what you're -- let me clam to make sure. If your application is in -- Mr. Recio: Right. Ms. Gelabert-Sanchez: -- it's a complete application. Mr. Recio: Okay. Ms. Gelabert-Sanchez: That means it proceeds even if the Code is changed. That's the way the City has been doing it. As far as someone having a development order, we have made changes in the Code that if you have an approvedMUSP, you still can apply and get the two extensions that you're allowed. Chair Sanchez: Exactly. Ms. Gelabert-Sanchez: If you have a Class II, you can also ask for that extension. If you have a special exception, you can also ask for the extension. If you have a phase project, you're vested for life. I -- and those were done some -- already some time ago, andl think also as a response City of Miami Page 54 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 to the community regarding the economic times, we live in the expenditures that had happened on the projects. And know we might had discuss it later as far as nonconformities, but don't think that's what you're talking about. I think we also have made -- amended some of the rules in order to try to streamline and facilitate that. Mr. Recio: IfI may clam -- Ms. Gelabert-Sanchez: I'm not sure, Tony, if that's answering your question. Mr. Recio: My concern is a little more nuanced. It is specifically an application to rezone so that there is no conditional development order, there's no Major Use Special Permit. There's nothing that is retained. Instead, it is a change of zoning to a district which will not exist under Miami 21 and will -- Miami 21, if the map is adopted later in time, it will basically go to the new district if it's approved on second reading, and then, under Miami 21, go back to whatever designation it's proposed in Miami 21. Ms. Gelabert-Sanchez: Well, let me read the Section 7.1.3.5 complete applications pending at the date of the adoption of this Code shall be reviewed under the provisions of Ordinance 11000 as existing at the date of adoption of this Code. Applications approved under this paragraph must obtain a building permit as required by Section 2105.4 of Ordinance 11000. That's Article VII, page 4302. Chair Sanchez: Okay. Let's move on. That -- Mr. Recio: Okay, I'll move on. I guess I'll speak with staff to clarify it. The other issue thatl have concerns what is happening with the SD-12 district. The SD-12 district is under the current Code. It allows for commercial parking in adjacent residential properties. It does not allow -- it's surface parking only and it's for, let's say, an existing store, an existing restaurant to be able to have parking on the rear of the block. There is no provision that allows that to continue and, in fact, that's specific nonconforming -- there's a specific nonconforming use provision for that which would require that every single owner of any affected lot like that, they would have to petition this Commission within, I believe, 90 days ofMiami 21 being adopted. You're putting a lot of pressure on existing businesses to now spend money and seek some kind of -- and that affects every commercial corridor we have throughout the city. Vice Chair Spence -Jones: Tony, can you repeat that again, just to make sure -- and Ana, can you respond to that for him? Repeat that again so we can make sure she got it. Ms. Gelabert-Sanchez: Commissioner, I've asked -- Mr. Recio: Sure. Ms. Gelabert-Sanchez: -- the Legal Department. I think that's a Legal Department issue to speak to that. Vice Chair Spence -Jones: Okay. Ms. Gelabert-Sanchez: That was an amendment made. Vice Chair Spence -Jones: Repeat it again so that all of us hear it. Mr. Recio: Sure. As to SD-12 specifically, SD-12 provides commercial parking for commercial uses but on the adjacent residential tracks that are, you know, on the rear side of the block -- Vice Chair Spence -Jones: Right. City ofMiami Page 55 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Mr. Recio: -- on any of these commercial corridors. There's no provision in Miami 21 to provide for something like that and should Miami 21 go forward I think the nonconforming use provisions that came out last Friday, I believe, make clear that that is not a nonconformity that will be allowed to continue. Everyone will have to petition this Commission within 90 days of that. That means any existing business that may not know about this, for whatever reason, will have to come in and seek this, or they lose a right forever, and that's a pretty -- Vice Chair Spence -Jones: Yes. Mr. Recio: -- disconcerting thought. Vice Chair Spence -Jones: Thankyou, Tony. Mr. Recio: Thankyou. Chair Sanchez: Okay, next speaker. Vice Chair Spence -Jones: Oh, no. He's -- waiting for the City Attorney to address it. Chair Sanchez: Well, she's -- Vice Chair Spence -Jones: But she said she's going to address it. Ms. Bru: I mean, it's a policy -- if you want me, I can read verbatim what it says in the Code about what he's referring to, but it's a policy decision that you'd make. It's being recommended by the Administration to adopt this provision. Legal nonconforming parking uses abutting TR -- T3 R areas will not have continued automatic 20 year extensions. They would have to come before the City Commission within 90 days of adoption of this Code. Chair Sanchez: All right, so it's a policy issue. Okay. Next speaker. Commissioner Regalado: Mr. Chairman, ifI may. Anybody know how many properties in this situation that would have to come before the Commission? Ms. Bru: That would be something that the Administration would have to answer. Ms. Gelabert-Sanchez: That'd be -- Commissioner Regalado: Ten? Ms. Gelabert-Sanchez: I do not know. I would -- Commissioner Regalado: Twenty? Ms. Gelabert-Sanchez: -- have to -- I don't know. Commissioner Regalado: Thirty, forty? Chair Sanchez: All right. Mr. Pumo, you're recognized for the record, sir. Beba Sardina Mann: Mr. Chair, can I ask a question? I've requested if my name could be put a little further in the front about 20 minutes ago because I have a mass to go to on a funeral and my name has not been called, so I -- City of Miami Page 56 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Okay. Does anybody else have anywhere they need to go in an emergency? Okay, we'll take you up in a few minutes. Ms. Mann: Thank you. Ms. Burns: And, ma'am, your -- please put your name on the record. Ms. Mann: Beba Mann. Chair Sanchez: Yes, sir. Bennet Pumo: Good afternoon. I'm Bennet Pumo, with Ben Pumo Building Corporation. We have a number of warehouses around town. Our office address is 7327 Northwest Miami Court. We first started developing properties in 1951. I have -- I've noticed that we've had the Golden Properties here, we're had Dacra here, and we've had a lot of people speak today. Not one, not one person spoke about jobs. Not one. Our properties deal with small people, small mom and pops. They go out there, they rent from us; they go into business. Not one talked about jobs. In the Code Miami 21, it may have its place. It doesn't have its place here as written. Devil's in the details. Ninety percent of the properties throughout the City ofMiami will be nonconforming in use or in structure once you lay over Miami 21 and peel back 11000. Every property from single-family high-rise to high-rises will have some degree of nonconformity. Since there is no acceptable degree of nonconformity within Miami 21, every property is nonconforming. They came back a couple of years ago to try to protect the homes. If you read Miami 21 in the sections that I have provided to the Commissioners up here, they didn't protect the homes. It's a "may." You may be able to replace it. You may have -- but you have to have substantial proof of what was there before it was knocked down by a hurricane. Then they make that decision that you "may" be able to rebuild, but they use the 50-percent rule. The 50-percent rule is flawed because they use the structural assessment by Dade County that's ad valorem taxation. That structural portion of your tax bill is allowed amount because it is subject to depreciation, functional obsolescence, token value, so if you have a home or a business that might be worth -- let's say it's assessed at 100, 000 for ad valorem but the structure may be tokened [sic] at $1, 000. Does that mean you only have $500 to do a remodel? The remodels are terrible; it's all subject to, not just disaster but remodel. Plus there's a three-year accumulation of the remodels to make it happen. Now, just one thing here in T5 and T6. They brought up the 25 percent of the total area for commercial on the first floor. I get a little upset because of all this. I want to ask the Commission the question. It says 25 percent of the total area can be commercial on the first or second floor. I want to know, I've got over 100 units being changed to a T-Zone from commercial. I've got over a 300,000 square feet going to T-Zone. I want to know does that 25 percent of a single -story building apply. If every person in here owns a single floor building and the new Code says minimum of two stories must be rebuilt -- did you know that? You probably didn't. So if you're building's knocked down, the Code says you've got to build two stories. Oh, my gosh. The Code says you can only use 25 percent of the total floor area. Well, if you've got a 10, 000 foot building, that means you're only allowed to use 2, 500 feet of it. Chair Sanchez: Mr. Pumo. Mr. Pumo: Yeah. Chair Sanchez: Let's get some of the response -- Mr. Pumo: Okay. Chair Sanchez: -- to your concerns. Mr. Pumo: Let's get the response. Go ahead. City ofMiami Page 57 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: On the nonconforming structure and use, there's been some change, andl think you are aware of them, andl think they're going to explain to you. Ms. Plater-Zyberk: On the -- just on the last thing that you said. The nonconformity section allows you to rebuild what you have legally permitted already, whether it conforms to the new Code or not. So although T5 is encouraging a taller building, if you have a one-story building existing, you can rebuild that in the case of disaster. If you take it down yourself to rebuild it to make a new building, then you have to follow the new Code, but that's what the current Code has always said about past Codes as well. Mr. Pumo: Oh, my gosh. I'm so glad you said that, Ms. Elizabeth. Oh, my gosh. Because you know, here they come. They come in with a Miami 21 Code, nice and brand-new, happily do, but what do they do? The Miami -- the 11000 Code is a zoning use based Code. It's for controlling use and nonconformities of uses, so when that nasty use decides to move out of the facility, you can put in a nice clean use and still have a conforming structure. The problem with Miami 21, you lay over into Miami 21, it becomes a nonconforming structure as well as a nonconforming use -- Chair Sanchez: All right. Mr. Pumo: -- so when that use goes out, your structure is still nonconforming and subject to all the nonconforming rules ofMiami 21, which the details are there. When -- the 50-percent rule comes in -- the 50-percent rule is the action that kills the deal. It's an insurmountable -- the thing that shoots Miami 21 on the foot. Chair Sanchez: Mr. Pumo? Mr. Pumo: It does. Yeah. Chair Sanchez: Does anybody want to give him some of your time? All right, Mr. Pumo, you're done. We're going to get -- Mr. Pumo: My time is up -- Chair Sanchez: Yes. Mr. Pumo: -- but I want to -- Chair Sanchez: But -- Mr. Pumo: --let you know the devil's in the details, guys. If you don't -- if you pass this Miami 21 as it's written, you're in trouble. Chair Sanchez: Mr. Pumo, hold on. Before you leave, I think it's important that your answers be concern -- your questions be answered. I think the nonconforming issue has been taken care of. Mr. Pumo: It has not. Chair Sanchez: Okay. Ms. Plater-Zyberk: I think it might be helpful to have the full explanation on nonconformities, instead of the piece -by -piece questions about it, and so -- Chair Sanchez: Okay. City ofMiami Page 58 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Ms. Plater-Zyberk: -- I think -- Chair Sanchez: All right, let's go because we -- Ms. Plater-Zyberk: -- I would recommend that -- Mr. Pumo: What's the 50 percent pegged to? Ms. Gelabert-Sanchez: If you want, what we can -- we have some slides prepared or I can go through them about the -- Mr. Pumo: I don't need slides -- Chair Sanchez: No, no, no, no, no. Mr. Pumo: -- just the question. What's the 50 percent of structural value pegged to? Ms. Gelabert-Sanchez: We changed the value, sir, to square footage. Commissioner Sarnoff. Right. Ms. Gelabert-Sanchez: That change was made. Mr. Pumo: Square footage of what? Ms. Gelabert-Sanchez: The structure -- Commissioner Sarnoff. Structure. Ms. Gelabert-Sanchez: -- if it's a structure. Mr. Pumo: So you build 100 percent footage. Where was that? When was that put in? Ms. Gelabert-Sanchez: It's one of the changes we've made, and that's what I'm saying. I have the slides presented -- Chair Sanchez: Well -- Mr. Pumo: So you're not subject to the 50 percent rule of structural assessment? Ms. Gelabert-Sanchez: I -- again, I think -- Chair Sanchez: Hold up. This -- Ms. Gelabert-Sanchez: I would think it married the conversation. If you want, I can go through the slides if you want me to do now; I can do it later on. Chair Sanchez: No, no. Listen, we're going to -- Ms. Gelabert-Sanchez: It's up to you, but -- Chair Sanchez: We've got to get through this meeting, okay. Ms. Gelabert-Sanchez: -- we've made clarifications. City of Miami Page 59 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Andl think that in this whole process on first reading gives us an opportunity to have some of these questions answered that individuals come here -- there have been modifications. There have been some changes. Some of the things have been taken care of maybe you're not aware of. I think it's important that you do have communication to address that. We will address the issue again on second reading, but I think it's important that you get with Administration before -- Mr. Pumo: I've been with the Administration for three years. Chair Sanchez: Okay. Mr. Pumo: And in conclusion, every property will have some degree of nonconformity -- Chair Sanchez: All right. Mr. Pumo: -- and every structure will be subject to that nonconformity. Chair Sanchez: All right. Mr. Pumo: You cannot take a use -based -- Chair Sanchez: Thank you. Mr. Pumo: -- enforcement level and just throw it into a form -based enforcement level because then your structures become subject to instead of just the uses. Chair Sanchez: All right, Mr. Pumo. Thank you so much. Mr. Pumo: Thank you. Commissioner Sarnoff. Mr. Chair. Ms. Gelabert-Sanchez: Go ahead. Commissioner Sarnoff. When are you -- I'm curious because when are you going to do your slide presentation? Ms. Gelabert-Sanchez: Well, what we have -- we thought that when the questions came up, we would be able to have the presentation -- Commissioner Sarnoff. Right. Ms. Gelabert-Sanchez: -- on the nonconformity. I can pull -- put them up right now, if you want, or we can wait until the remaining speakers and then we can address the issues. Chair Sanchez: Well -- look, nonconforming is -- has been an issue. Commissioner Sarnoff. Right. Chair Sanchez: There's a lot of concern. I think that we need to clarify that issue as to the nonconstructure [sic] -- nonconforming structure and use. Ms. Gelabert-Sanchez: Let -- ifI may, I think it might help -- and maybe we put it, maybe we don't. I do have them here, so I -- maybe run them through quickly, not to take time from the City of Miami Page 60 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 speakers, but I think it begs the question because I think -- Vice Chair Spence -Jones: Well, maybe when we do wrap-up from the speakers, then you can clear up whatever issues that are still lingering. Chair Sanchez: We'll -- look -- Vice Chair Spence -Jones: But to have them -- I think that it's important for us -- Chair Sanchez: The nonconforming is going to be an issue, so we'll do that presentation when we're done with the speakers. We're making -- Vice Chair Spence -Jones: Yeah, let the speakers at least -- Chair Sanchez: Beba, come on. Vice Chair Spence -Jones: These people have been waiting all day. Chair Sanchez: All right, Mariano Cruz, Tony Recio, Beba Mann, Terrance Riley. All right, let's go. Vice Chair Spence -Jones: Beba, go. Go 'head, Beba. Ms. Mann: Okay. Good afternoon, Commissioners. Thank you so much, Mr. Chair. My name is Beba Mann. I live on 1665 Southwest 23rd Street, and I'm speaking on behalf of silver bluff homeowners association. While these are many wonderful -- there are many wonderful aspects ofMiami 21, it continues to fall short of its original intent, protection of single-family neighborhoods. As you may remember, the City misinterpreted 907.2.3 of our Zoning Code, therefore creating a building that became too high with improper setback. Miami 21 could fix this. Hundreds of residents from the Roads, Silver Bluff, Golden Pines, Shenandoah, and Vizcaya Roads Homeowners Associations [sic] wanted a T4 0 throughout the corridors, Coral Way, 3rdAvenue, 27th Avenue; every single corridor that abutted a single-family home, a building -- with a building height of 53 feet. That's what a T4 0 would be under Miami 21, something that is being allowed in other residential corridors right now with Miami 21. After the PAB was told that we could not request a T4 0 on these corridors, we recommended a T5 0. The PAB recommended five stories or about 85 feet tall -- that's what a T5 would be -- along Coral Way, 3rdAvenue, 27th Avenue, and 32nd Avenue. Instead, the new Code allows the first to grow from 15 to 25 high and additional floors from 10 to 14 high, pushing the overall heights of buildings. A new building with eight stories today would be equivalent to 123 feet tall. That is exactly what we have been fighting against, those tall buildings abutting single-family homes. In conclusion, I would like for this Commission to please take the recommendation of the Planning Advisory Board and accept that recommendation, which would be PAB-09001C, 09001C, and 09001H, which are the corridors of Coral Way, 15th Road to 31stRoad 27th Avenue, 32nd Avenue, any of the corridors that abut the single-family residential neighborhoods, a T5 0, please. Thank you. Chair Sanchez: Next speaker. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, Miami, Florida. I don't come here about -- also, chairperson, Allapattah Business Development Authority, okay? We're helping the people affordable housing, business (UNINTELLIGIBLE). I don't come here as a taxpayer of the City 'cause I don't pay taxes to the City (UNINTELLIGIBLE). I am a fee payer. I pay the other solid waste fee, but I pay a lot of tax to the County and Miami Lakes where I own investment property, rental property there, so that's okay. So I am a taxpayer. And when I buy something in Allapattah, I am contribute indirectly to the tax base of the City because ifI buy at La Mia or City ofMiami Page 61 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 anything, he pay taxes to the City, so I pay taxes to the City. But I'm going to -- somebody else out there asked me why do you support Miami? I support Miami 21 because it's my desire to do so. What you going to do about that? Can I do? First Amendment, I can do anything I want to do. And, also, in the morning, when I shave, I look in the mirror; I see Mariano Cruz there. They say, oh, that's -- I got to please Mariano Cruz. I don't have to please any of you. I don't have please (UNINTELLIGIBLE), I don't have to please Manuel Diaz; I please Mariano Cruz and my youngest granddaughter, (UNINTELLIGIBLE) Cruz. That's the only people I got to please. Not even my wife or whatever because ifI please myself I am happy. I deal with you, with everybody, right, but ifI don't please myself I want to please you, I want to (UNINTELLIGIBLE). Chair Sanchez: Mariano, that's too much -- Mr. Cruz: Now, let me tell you why. Chair Sanchez: -- information. Mr. Cruz: Right. I don't worry about it. The (UNINTET,T IGIBT ,F) don't matter; I am the one that got the money because I am independent economically. I get four checks monthly from the United States Treasury: (UNINTET,T IGIBT ,F) disability, Social Security, Department of Labor, Post Office, and (UNINTET,T IGIBT ,F) 401k, too. I am independent. I got the wherewithal to do it, to send my children to public school, to buy a home in the middle of Florida, vacation home. I don't need the City ofMiami or the County or the State. Chair Sanchez: Wrap it up. Mr. Cruz: But you know why I am -- because Miami 21 will help to simplin, the procedures. I know how to go to the City and apply for permits and the whole thing. I know Aldo Reyes, from Planning -- I mean, from Zoning. I know Noel Chavez. I know the people there. I know how to apply and to do things, but the people in Allapattah, in the trenches there, don't know. Another thing, you know what screw the system here, the downtown, the homeless thing? The Planning and Zoning. Years ago -- remember, I've been here since (UNINTET,T IGIBT ,F), Mayor (UNINTELLIGIBLE), Manager, everybody here. Chair Sanchez: Mariano? Mr. Cruz: And you know what happened? There was rooming houses in downtown. The Planning and Zoning did away with it. The -- Chair Sanchez: You got to wrap it up. Mr. Cruz: -- people could leave -- the homeless people could live for one dollar a night -- Chair Sanchez: Thank you. Mr. Cruz: -- one dollar a night. Now, what -- no. You got to go -- have to do $4, 000. Maybe -- Chair Sanchez: Thank you. Mr. Cruz: -- 21 will (UNINTELLIGIBLE) -- andl remember -- Chair Sanchez: So -- no, no. Listen -- Mr. Cruz: -- I approve Miami 21 -- not because ofManuel Diaz or (UNINTELLIGIBLE) Pedro (UNINTELLIGIBLE) know him or whatever; because I want to do it. City ofMiami Page 62 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Okay, fine. So you're -- Mr. Cruz: It's my pleasure to do it. Chair Sanchez: -- in support ofMiami 21. Thank you very much. Mr. Cruz: All right. Chair Sanchez: Next speaker. All right, next speaker, Terrence Riley. Megan, come on up. Eric Monteiro, Nitin Motwani, Kenneth Naylor, Michelle Niemeyer, Gil Pastoriza. All right, let's go. Megan McLaughlin: My name's Megan McLaughlin. I'm here in support of Miami 21. I am a professional urban planner, practicing with Dover Kohl & Partners here in Miami, and I'm also avid runner and biker using Miami city streets, a member of the Villagers Historic Preservation Society, as well as a great walker -- a great lover of walkable places. Some of my favorite places here in Dade County are Coconut Grove, South Miami, Kendall, Coconut -- Coral Gables and Miami Beach. These are the places where I spend my time and where I spend my money and they're also the places where I invest. There -- unfortunately, although Miami -- the City of Miami has incredible history, incredible architecture, and very beautiful stately houses, none of the neighborhoods themselves have become a place where one feels the need or desire to spend their time and money or -- in particular. I think that the form -based Code is the solution to this problem and this shortcoming. It will -- it's taking a holistic approach towards neighborhood building, andl think that it will cause a great increase in value for the City. To sum up, I would just like to say one of the reasons that I'm so in -- much in support of Miami 21 is that everything that Duany Plater-Zyberk has touched has turned to gold; it has brought a lot of value to the cities where they have worked, and -- Chair Sanchez: Thank you. Ms. McLaughlin: -- I know that's a pretty big statement, but I really think that you guys would be wise to pass this Zoning Code amendment. I think it will be a great thing for the value of the City and a lasting legacy. Chair Sanchez: Thank you. Ms. McLaughlin: Thank you. Gilberto Pastoriza: Good afternoon, Mr. Chairman. Chair Sanchez: Counsel. Mr. Pastoriza: Gilberto Pastoriza, 2525 Ponce de Leon. And I'm going to give Ms. Elizabeth my house plans to see if they can turn into gold, too. All kidding aside, I have a procedural issue that need to bring to the Commission's attention, and this deals with Section 60.226, Section 6- - I'm sorry -- Section 6231(e) of your Code. Chair Sanchez: Sixty what? Mr. Pastoriza: 6231(e) of your Code. It says, this section requires that the first public hearing upon the updated plan or portion thereof -- they're talking about plan amendments now -- of plan amendment shall be held within 60 days -- shall be held -- from the date of the Planning Advisory Board public hearing. The date of the Planning Advisory Board public hearing was January 7, 2009, so I would respectfully submit to you that the Comprehensive Plan amendment City ofMiami Page 63 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 portion of this agenda has to go back to your PAB; otherwise, you would be violating your own Code. And as you all know, a procedural deficiency makes this matter void of an issue as it's never happened, so then state law requires you that all zoning actions be consistent with your Comprehensive Plan. Therefore, your PZ.1 [sic] cannot really go forward until you have, you know, resolved your Comprehensive Plan issues. So that's a procedural matter. I wanted to bring it up to your attention. I can move on, butl think that it's -- it could be very effective and it could really screw up everything that you're doing here today. The next thing that want to talk about -- I just want to talk about three other things. One is don't take lightly the SD-12 issue. You asked, Commissioner Regalado, how many properties are SD-12. I would venture to say that along your commercial corridors, a lot of the properties that right -- that lie right behind the commercial properties have an SD-12 designation in a lot of those commercial corridors. Your Miami 21 does not make any provisions whatsoever for this SD-12 overlay district, and it forces that every property owner that has a SD-12 within 90 days from the effective date of your Zoning ordinance has to come in and apply -- I believe it's called a "warrant" or -- it's some sort of a public hearing process. So you're going to be inundated -- within 90 days of this passage, you're going to be inundated with -- Commissioner Sarnoff. Excuse me a minute, but it doesn't say that. It says an SD-12 overlay next to an R-1 neighborhood with parking. Mr. Pastoriza: It has to get a warrant. Commissioner Sarnoff. Right. Mr. Pastoriza: Uh-huh. Commissioner Sarnoff. So it's not just an SD-12; it is a specific type of use in the SD-12. Mr. Pastoriza: Well -- Chair Sanchez: I mean, I just -- to me, when lawyers get up here, they -- Mr. Pastoriza: I can explain. Commissioner Sarnoff. -- should be specific about what they're saying, as opposed to sort of saying, you know, the British are coming, the British are coming. Mr. Pastoriza: No, no. And I'll be specific. It says that when you abut a T3. That's what it says. When you abut a T3. Commissioner Sarnoff. Or a -- right (UNINTELLIGIBLE) R-1, okay. Mr. Pastoriza: Most of the SD-12's -- Commissioner Sarnoff. No doubt about it. Mr. Pastoriza: -- abut a T3. So, therefore, all of those SD-12's that abut a T3 have to get that special approval. Commissioner Sarnoff. And only for the parking issues. Mr. Pastoriza: For the surface parking, but if that's the use that I'm making of my SD-12 property -- Commissioner Sarnoff. Right. City of Miami Page 64 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Mr. Pastoriza: -- because that's what the SD-12 was for. The SD-12 was for surface parking. Commissioner Sarnoff. But not every exception or not every use is a use for perpetuity, so it is something that you come before this Commission. Mr. Pastoriza: What I'm saying is you're going to be overloaded those first 90 days because everybody who has an SD-12 that uses surface property that is next to residential is going to come in with it. Commissioner Regalado: While you -- I'm sorry -- lawyers were debating, I was remembering from 27th Avenue to 37th Avenue and Coral Way, that I remember, we have seven SD-12 parking surface abutting residential. That's only from 27 to 37th Avenue and -- that I remember, and -- because I go back there every day. So we're talking seven in -- Mr. Pastoriza: In one mile. Commissioner Regalado: -- one mile. So that was my question, andl guess that no one knows the answer, but it is important to understand that there are many, many of those sites around the City ofMiami, that remember, in Coral Way, seven. Ms. Gelabert-Sanchez: I think, Commissioner, what we're saying is that we're giving the 90 days for someone to come to Commission to a public hearing. I think the concern is that if you have a use abutting into a single-family neighborhood, if it's something that has to be seen -- because it's sensitive issue of having an open parking lot facing a residential area -- it is not saying that it's prohibited or it's not the nonconformity. It's just saying that they have 90 days to come in front of this body to present the case and for you to grant it or not grant it. Commissioner Regalado: But what happens? Ms. Gelabert-Sanchez: Well, you may be able to grant it and have the extension of a nonconforming use or you might decide, depending on the case, if it's -- say, for example, it's something that it's a parking area, that it looks great, that there's no problem, that there's no noise, it's not -- it's kept, the City Commission will hear the case and decide that, yes, it might be something that is valid to keep. If in the other case, like you have had the neighbors come and say, you know, use this parking -- the SD-12 was granted years ago and it's a nuisance into the neighborhood, you, as a body, would be able to have the opportunity of saying reconsidering if they should be extended the nonconformity status or not. I think that's what really we're saying. As far as some of the prop -- and -- so that's on the SD-12. Andl think it's just a sensitive issue that it has -- and abutting a single-family, so it's not precluding; it's just saying come over in front of your body, of your elected officials and make -- and present the case if it's something that it should be. That's the intention -- and again, like it was said before, it's a policy decision. That was the intention. Mr. Pastoriza: It's an [sic] 90-day amortization because once I get into a public arena sector, I'm really not guaranteed the use anymore, so you're giving me 90 days to amortize my use as, you know -- what if my business is dependent -- and what if the parking for my business was dependent on SD -- that SD-12 surface parking? Ms. Gelabert-Sanchez: Again, it is not a "no." It is not up for revision. It's just saying it merits a special -- a public hearing. Commissioner Regalado: Have you -- Ms. Gelabert-Sanchez: That's a policy decision, again. City ofMiami Page 65 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Commissioner Regalado: Ana, have you ever had lunch in Sergio's in Coral Way? Ms. Gelabert-Sanchez: Yes, I have. Commissioner Regalado: Okay. Where do you park? Ms. Gelabert-Sanchez: Park usually -- I tried to park -- parking on -street on Coral Way. Commissioner Regalado: You park -- Mr. Pastoriza: Coral Way? Commissioner Regalado: -- there is no parking in Coral Way. Mr. Pastoriza: Yeah. Ms. Gelabert-Sanchez: I walk, sir. Commissioner Regalado: I'm sorry. Ms. Gelabert-Sanchez: There -- you can park -- Commissioner Regalado: No. There is -- Ms. Gelabert-Sanchez: -- there's some parking. Commissioner Regalado: -- no -- not on that block. Ms. Gelabert-Sanchez: I can tell you, I don't go -- Commissioner Regalado: I guess you walk three miles. Ms. Gelabert-Sanchez: -- (UNINTET,TIGIBT,F); maybe I walk. I don't go to the rear of the property. Commissioner Regalado: The SD-12 -- Ms. Gelabert-Sanchez: Every -- I think -- on the SD-12s, when we map the City -- and this goes into the parking -- the explanation that gave on single-family was the reason. As far as the mapping on the SD-12 of helping properties, there were some that have been -- and this is in the case of some of the properties -- andl cannot remember where exactly on Coral Way -- that projects came here and asked also for a rezoning because you needed the parking, and what we have done is to zone it in a way that you can have it without penalizing or having an open parking lot facing residential neighborhood. Commissioner Regalado: But, Ana, in theory, everything is great, but I still ask you -- you can't park in Coral Way -- Ms. Gelabert-Sanchez: I park -- Commissioner Regalado: -- between 32nd and 34th. You can't. Ms. Gelabert-Sanchez: Okay. City of Miami Page 66 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Commissioner Regalado: So let me tell you one thing. If you go to Sergio's, you park wherever people park, on a SD-12 for parking -- surface parking next to residential. And you know what? We have in our office about three or four complaints from residents on 22nd Terrace of illegal dumping next to the fence, which probably is not the case from Sergio's, but these people are going to be here because they are sick and tired of illegal dumping on 22nd Terrace, and I'm just giving a heads up that this is the case. Across the street on 31stAvenue, the medical doctor building, they have an SD-12 surface parking with landscape, and they have some -- so many patients that people probably park in residential, and we have many complaints on that parking. So I'm just telling you that it's very easy to look at the theory, but when you go down to the street and walk, as I do, the situation is different. Thank you. Mr. Pastoriza: And then last, but not least, I have done a very small sampling for properties that I have represented clients here in front of this Commission and -- where there has been a comp plan amendment and a rezoning on those properties recently, as far back as six months, a year ago, two years ago. A lot of those properties, when Miami 21, the mapping has come out, they have down zoned those properties again and they -- the correct -- Chair Sanchez: Sir? Mr. Pastoriza: -- wishes of this Commission was not implemented. What I'm asking is, number one, for your staff to revisit, you know, and go make sure that those rezonings and comp plans are properly reflected in Miami 21 and for me to show your staff those cases where I have found where the mapping are inconsistent with the prior action from this Commission. Ms. Gelabert-Sanchez: Couldl clam -- Chair Sanchez: Counsel. Ms. Gelabert-Sanchez: -- it to make sure that un -- Chair Sanchez: That needs to be answered. Ms. Gelabert-Sanchez: Yeah. That -- ifI -- Gilberto, ifI was walking back when you started --I think you were talking about those projects where use -- where R-I s were changed to C-1 that were abutting a residential neighborhood, where we -- this Commission approved the project. So the zoning -- are those the ones you're referring to, the ones where there was a project that was proffered and the plan -- and the permit was approved, per plans on file. Therefore -- are we talking about the same? Because -- Mr. Pastoriza: No. Ms. Gelabert-Sanchez: -- on those, you might have a zoning and a land use, but projects were attached to that zoning and land use, so what we did when we looked at these particular locations, we did not give the equivalent to a C-1 abutting a single-family; again, for the reasons that we were talking about, protection. So what we did, we looked at the projects has they been presented to this Commission and in most cases, I would say all of them, what you had was a town house, you had residential, you had -- you created that transition and then you put the height on Coral Way. Therefore, when we put the mapping, since it was the intention of the applicant and this Commission approved this project, what you had was a T4 in most cases because that's what reflects the project that you're building and the plans that were proffered to this Commission that they approved. I would be more than happy to sit with you -- Mr. Pastoriza: Yes. Ms. Gelabert-Sanchez: -- between one and -- between first and second. And if there's another City of Miami Page 67 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 that we are not aware of I would like to see it. But that exercise, we did it based on plans presented to this Commission. Chair Sanchez: All right. Mr. Pastoriza: What that tells me is that we went through a process. We got the property's comp plan; we got the properties rezoned, okay. We're moving forward with the project. Maybe the economy has slowed it down, whatever. And now this same property owner is faced with the fact that all that money that he spent comp planning and rezoning is -- Chair Sanchez: Okay. Counsel, listen -- Ms. Gelabert-Sanchez: Not at all. It is not true. Chair Sanchez: -- this is on first reading, giving you an opportunity -- I can't have every counsel come up here and argue for their clients -- Mr. Pastoriza: No, no. I'm just saying that -- Chair Sanchez: -- pertaining to Miami 21. Mr. Pastoriza: -- in those particular cases -- Chair Sanchez: I can't allow that, okay -- Mr. Pastoriza: Okay. Chair Sanchez: -- not under the conditions that we're in, that we still have to go through all these public speakers. Mr. Pastoriza: Okay. 171 sit down with Ana -- Chair Sanchez: So it gives you time -- Mr. Pastoriza: -- and we'll go over those -- Chair Sanchez: -- my recommendation to you is to sit down with the Administration. We still got Mr. Pastoriza: But -- Chair Sanchez: -- second reading, and we'll address the issue. Mr. Pastoriza: Right. I think the SD-12 is an issue -- and this procedural issue -- Chair Sanchez: I think you've put it very well on -- Mr. Pastoriza: Okay. It's -- Chair Sanchez: -- the record, okay? Mr. Pastoriza: Okay. Chair Sanchez: You did a good job putting it on the record. City of Miami Page 68 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Mr. Pastoriza: Thank you. Chair Sanchez: All right. Let's get some of the speakers up. Nitin Motwani: Hello. My name is Nitin Motwani. I am speaking as a resident of downtown Miami, and also as a principal ofMiami WorldCenter Group, large stakeholders in the Park West area. As a resident, let me humbly tell you or request of you to really consider the ideas of Miami 21. We really need it. Downtown has a lot of great things going for it, as does the City as a whole. But we're at a tipping point, and we're at a point where Miami really needs to decide how it wants its future shaped, andl agree with many people who said the devil's in the details because we see the devils in the details of 11000 everyday as we drive around the City or walk around it. So as a resident, I encourage you to please support Miami 21 and its principles. It makes a lot of sense, from public spaces, green buildings, all of the great things that people have been speaking about ahead of me. I don't have the confidence that Mariano has of just saying support Miami 21 because I want to, so I started this process in a different way. I -- we, as part ofMiami WorldCenter, interviewed seven world-renowned architects to do our master planning. Each of them first task was to look at 11000 and Miami 21. All seven of them unanimously said Miami 21 is forward -thinking. This is where cities need to go. This is where cities should be going. Miami needs this. They all looked at 11000. They were confused. So for those who acknowledge that 11000's easy or clear to understand, I can assure you it's not, especially for people who aren't from here and haven't dealt with it. And let me speak to one other point 'cause someone did mention jobs. Right now, as a developer, it's harder than ever to get things moving. Clarity and certainty are extremely important. There is no clarity, there is no certainty with 11000. With Miami 21, it takes out a lot of issues. It will help development. It will help businesses. It will help jobs. It's just a reality of the way the zoning is written. I agree it's not perfect. I have my concerns with it and issues, but I've been to a number of these public hearings and have been more than vocal in some of my concerns, and I've found that there's been great response. Andl think it continues to evolve and it will continue to evolve as the City evolves, as it should. And the question you should ask is whether you want 11000 as that platform that will change or Miami 21. And speaking as a resident and business owner, I'd encourage you to believe that Miami 21 is the platform you want to see move forward. Thank you. Chair Sanchez: Thank you. Alyssa Kriplen. Okay. I do apologize 'cause I skipped you, okay. No, but go ahead. We'll get to you. Kenneth Naylor: Good afternoon, Commissioners. Ken Naylor, with Carlisle Development Group. As one of the largest developers of affordable housing in the City ofMiami, we've studied Miami 21. We've seen its benefits, we've seen its detriments, and we are strongly in support of this adoption. Aside from the myriad benefits that this code will bring to our built environment, the major benefit that it will bring from a developer's perspective is clarity. By removing the ambiguities and the perverse incentives that exist in our current code, developers can move forward with speed and certainty on those developments which the City wants to see moved forward. Finally, as a native, it is my hope that the Commission will take this bold step toward our future. Thank you. Chair Sanchez: Thank you. Michelle Niemeyer: Michelle Niemeyer, 3400 Pan American Drive. I'm here as a resident today, and also just to reiterate something that I've said to you before coming from the Village Council. We've had several meetings with Commissioner Sarnoffs office about the mapping of Coconut Grove. The Planning Department has been completely receptive to the changes that we suggested, and we've had a very good relationship there, andl think we have a result that the Village Council's extremely happy with. So I want to make sure you understand that and know that the Village Council is behind the mapping for Coconut Grove. On a personal level, I've lived in a number of walkable cities. I don't consider Miami one of those. I chose to live in City ofMiami Page 69 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Coconut Grove because it's the closest thing we have to walkable, although, without sidewalks, it's not that walkable even there. This is a great thing, as far as having a long-term plan, as far as having a vision, as far as having the ability to turn this city into something that it's not right now and that could make it really great. So I'm here on a personal level to support Miami 21 and the Mayor's efforts in getting this through. I know there are some details that need to be worked out, and there needs to be some thought behind those issues, but I hope that you'll support it. Thank you. Chair Sanchez: Thank you. Okay, Tony Recio. Carter McDuel [sic]. Andrew Dickman. Come on up. Okay. Alyssa Kriplen: Okay. My name's Alyssa Kriplen. I reside at 1251 Southwest 20th Street, Miami. I'm an architect in the City ofMiami, and practice, obviously, in a lot of other cities as well. I wish to speak in opposition ofMiami 21. Specifically, I'm going to address a couple of mistruths about this. I use this code often. I've used 11000 often, andl cannot agree with the assertion that this is an easy -to -use code. It is simply not an easy -to -use code. It is not intuitive. Under the current code, say you're doing a C-1 project. You simply open to the very first chapter. It tells you, see C-1. You open to C-1 -- it might be 20 pages long, but everything you need is within those 20 pages. Under Miami 21, for example, for a T6 project, first of all, I have to find the table that tells me what I'm allowed to do in terms of uses. That's in one section. In a completely different section, it'll tell me, under T6, what my density and my parking allowances are. I go to a completely different section that tells me what my loading requirements are. At this point, I'm not even a third of the way through the code, but I've had to refer to three different sections. Then there's the actual T6 section, which gives me more detail and is kind of the equivalent of what we had under the C-1, for example. Then I have to go to the supplemental regs (regulations). Now under the current atlas, it only tells you that -- on T6-24 R, for example, it doesn't tell me whether I have to go and find the supplemental regs for setbacks, for neighborhood districts, for any of the other specific things that may apply. So at this point, I've basically had to troll the entire code to figure out whether these other sectors apply to my piece of land. Now I don't really have a problem with that. I'm -- I get paid to do this. I'm an architect. For the general person who may own a piece of land or who is looking to own a piece of land, this is an onerous thing to have to address. I'm sure if we were to actually poll how many people have actually opened this and have addressed this, not in terms of what they've been told, but what they've actually applied, I think we'd be shocked to find that most people are taking this at face value. I would like to ask everybody to rather than being -- accepting things on face value, look in the actual code. Even just address it to you own piece of property just to test. Can I add a garage? Couldl add a second story the way I want to do it? And what the differences are. It has not been read by very many architects, that know, which is a terming thing to realize. Chair Sanchez: Thank you. All right, next speakers. Carter McDowell: Good evening. For the record, my name is Carter McDowell, with Bilzin Sumberg, 200 South Biscayne Boulevard. Andl am here -- we have a number of clients that are affected by this -- obviously, I am an attorney, and I would ask your indulgence. And one of -- I -- this is going to sound like I'm revisiting something that's already been discussed and it has been discussed, but I'd like to make it a little bit clearer 'cause I think there is a misunderstanding. The City published three different sets of notices about today. I understand, although, Commissioner, you've got three ordinances -- five minutes to address three ordinances is really an inappropriate amount of time -- Chair Sanchez: I understand, Counsel, but -- Mr. McDowell: -- when I've got dozens of clients. City ofMiami Page 70 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: -- this issue -- Counsel, I understand, but this issue has been addressed already twice by our Legal Department. Mr. McDowell: Well, let me finish what I have to say and maybe you'll find it hasn't been. Chair Sanchez: You could put on the record what you want, but you've got five minutes. Mr. McDowell: Under your City charter, for a special meeting, you are only permitted to address issues that are in the notice of that meeting. I read you the language of the notice of this meeting. "A special meeting has been called on August 6, 2 p.m., City Hall, Pan American Drive. The purpose of this meeting is to address the first reading of the Miami 21 ordinance." Not plural, not Comprehensive Plan, not historic preservation ordinance. The Miami 21 ordinance. Next sentence: "No other business shall be conducted outside that indicated above." Your only authority given to you by this special notice is Miami 21. There were other ads for the Comprehensive Plan and for the other ordinance, and indeed, for Miami 21 because it's changing zoning, but those ads which do, apparently, meet the statutory requirements, don't give you authority to act. This is the only thing that gives you authority to act under your charter. You are without authority, void ab initio if you take action on anything else tonight. I would also say to you, as has already been said, that you cannot adopt Miami 21 when it is not in compliance with your Comprehensive Plan. Since you can't deal with the Comprehensive Plan, you can't deal with Miami 21. We are wasting everyone's time here today. Let me tell you that no one is opposed to the concept of new urbanism; not me, not my clients, not anybody who has spoken. There are great tenets -- and my clients routinely design buildings in accordance with the tenets of new urbanism. The (UNINTELLIGIBLE), the one that was cited as creating the excitement in the new -- in the Biscayne Boulevard corridor, was our client. We handled that project. It could not be built as you see it today under Miami 21. Think about that. It could not be built as you see it today under Miami 21. That was the catalyst to that neighborhood. Our client came in with that design. They weren't forced to do it. They came in with that design under 11000. So you don't need Miami 21 to, in fact, have good development. Yes. There are great parts ofMiami 21. I have no argument with the liner units. It's absolutely the right thing to do. There are many parts of it that work, but it goes too far. It establishes three different setback requirements on every commercial property. Three, not one; three, different layers on every property. If you look at any of the iconic buildings that are already built in this town -- take the Espiritu Santo building on Brickell. It also couldn't be built under Miami 21 as it currently exists. But my real problem with Miami 21 is it incorporates several issues and is based on several issues that are, in fact, unconstitutional. The public benefit idea and concept that is in Miami 21 only works because you have taken away rights from existing property owners and then allow them to buy it back. I have two specific examples. I have a client that has a property by Omni. You are putting a 36-story limitation on that piece of property. It's currently unlimited, but you're allowing us to buy it back for an extra 15 stories if we pay you money not for extra space, but just to go higher. Luis Revuelta addressed that earlier and said that's not right. There shouldn't be a bonus just for height; maybe if there's additional space, but maybe not also. Same situation on Brickell Avenue. Property located at Coral Way, where you turn to go onto Coral Way, just south ofMorton's, for a landmark. It's a little, two-story bank building, virtually vacant site. It is a suburban bank. It has no business being on Brickell Avenue. My client owns that piece of property. Under Miami 21, they will lose 128 -- no, I'm sorry. I've got the specific figure. They will lose over 100,000 square feet of development rights, and the cost just in bonuses will go from 1.5 million to $9.5 million. So they're losing hundreds of thousands of square feet of development rights, and their cost, just the fees to you to be able to build what they are otherwise permitted to build today under today's code, go up by $7 million. That reduces the value of my client's properties. The property in the Omni is surrounded by previously -approved and -built 60-story buildings, all four sides, but we're limited to 38 stories. The property on Brickell Avenue is -- has buildings that are 40, 50, and 60 stories built on all four quadrants around the property, but we're limited to 38 stories. But we get to buy 'em [sic] back -from you. The US (United States) Supreme Court has said that is unconstitutional. I City ofMiami Page 71 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 handed out to you several -- two cases and a copy of the notice that you're operating on. Let me read you what the US Supreme Court said in Nolan (phonetic). When the essential nexus is eliminated -- that nexus being to a proper public purpose -- the situation becomes the same as if California law forbade shouting "Fire" in a crowded theater but granted dispensation to those willing to contribute $100 to the state treasury. While ban -- while a ban on shouting "Fire" can certainly be a core exercise to the state's police power and thus meet even free stringent standards for regulation of free speech, adding the unregulated condition alters the purpose to one which, while it may be legitimate, is inadequate to sustain the ban. Therefore, even though in a sense requiring a $100 contribution in order to shout "Fire" is less restrictive, it is unconstitutional. It cannot pass constitutional muster. So, your entire ordinance that you're addressing is based on a concept that is unconstitutional. And if that weren't bad enough, you tell my client, a commercial property owner, that in order to get that additional height, I'd have to pay you a very significant fee, $23 a square foot in the Brickell area, very significant fee, particularly, in today's market, okay. When I pay you that fee, you reserve the right to use that fee for affordable housing or for parks or for other uses to be determined in the future. It doesn't go into a trust fund that is identifiable as being linked to the area of Brickell. It can be spent anywhere in the City, and you can have a commercial property owner pay a fee to you that you can use for recreational park facilities. The courts in Florida have determined that there is no rational nexus between a park -- Chair Sanchez: Counsel, you need -- please -- Mr. McDowell: -- facility and a -- Chair Sanchez: -- you need to wrap it up. Mr. McDowell: -- commercial property, only -- Chair Sanchez: You need to wrap it up -- Mr. McDowell: -- residential. Chair Sanchez: -- please. Mr. McDowell: Therefore, you -- I'm trying, but you know, you're moving forward with something that has enormous impact on both the property owners and on yourselves, and you need to really think it through -- Chair Sanchez: Thank you. Mr. McDowell: -- because I think -- and one last, final thought, ifI may. I'll stop with that. Chair Sanchez: You know -- Mr. McDowell: This property -- Chair Sanchez: -- how many attorneys are going to be addressing this today? Okay. Let's just have -- Mr. McDowell: You know what? Chair Sanchez: -- a show of hands because -- Mr. McDowell: I'll tell you what. City of Miami Page 72 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: -- what we're going to -- Excuse me. I'm speaking. Mr. McDowell: This is my associate. He'll give me -- Chair Sanchez: Excuse me. Mr. McDowell: -- his time. He's signed up. His name's Steve Wernick. Chair Sanchez: Excuse me just a minute. Let me talk. Thank you. Because if we're going to have attorneys come up here and give half an hour presentation, then what I'm going to do is have citizens that are here that are going to be here 'til 3 o'clock in the morning, I might as well just let them go home so I could allow you the opportunity, each attorney to come up and represent your client, which you have the right to do, but I think it is unfair. I think you need to put your statements on the record that you are against it, not build a case in front of us. You will have that opportunity to do that. I just think that there needs to be some respect -- Mr. McDowell: When am I going to have an opportunity? Chair Sanchez: -- here. Counsel, you will have that opportunity, but it isn't fair for you to come up here and speak for 25 minutes when I have close to about 63 other people that are going to speak, counsel. I think there needs to be a little respect here. That's all -- Steve Wernick: May I donate my -- Chair Sanchez: -- that I'm asking for. Mr. Wernick: -- time? Chair Sanchez: Andl keep being nice to you asking you, you need to wrap it up, and of course, you know, apparently, you have no respect for the Chair of this Commission andl won't allow that. Thank you. So, in conclusion, let's go ahead and wrap it up so we could allow everyone who has taken their time off from their family, their loved ones, to be here to address this Commission. If it takes one day, two days, we'll do it. Thank you. Mr. McDowell: In conclusion, this ordinance severely restricts development rights available to property owners. It will, in addition to everything else, allow them to challenge their property tax values if you adopt it. We will use it, I promise you, to reduce our taxes if you take these development rights away from us, pending litigation to get them back if we have to. So you not only are facing a difficult choice, you are compounding on a future go forward basis your budget problems, which are, at minimum, very difficult to address. Chair Sanchez: Thank you. Mr. McDowell: You will further regret this as you see what happens to your tax base. Chair Sanchez: Thank you. Next speaker. Mr. Dickman, how much time are you going to need? Five minutes? Andrew Dickman: Just don't start yet. Chair Sanchez: Can I hold you to five minutes? Mr. Dickman: Just don't start yet. Chair Sanchez: Okay, 'cause I think that, you know, some counsels have come up and they made City of Miami Page 73 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 the argument about the notification and the notice. That -- you know, it's on the record. We don't need to come up and have 20 clients [sic] making the same argument here. Mr. Dickman: For the record, Andrew Dickman. I'm an attorney. I represent the Miami River Marine Group. My office is at 852 First Avenue South, in Naples, Florida. I have a very specific issue for you regarding three properties that are on the Miami River. I've handed out to you a graphic which shows the location of those three properties, and you heard about these very briefly at the beginning of staffs presentation. In essence, these properties are now zoned under your current atlas -- this is the north quadrant -- as high -density residential. The PAB, which is also your local planning agency, got it right, and they voted to put these as D3. They are currently marine -industrial properties. One is a marina; the other two are active -- are industrial properties. One has a large mega yacht boat shed on top of it. But these are the properties that are under litigation, and have two particular issues that want to explain to you why these have to be D3. The first and foremost is the fact that under -- you'll recall that in January of this year, you all passed EAR (Evaluation and Appraisal Report) -based amendments of which -- all of which that were approved by the state, except for the Miami River portion. When you passed those, the City immediately -- we were not able to reconcile that, and the City took this to the administrative hearing. In the letter that was presented to Mayor Diaz when you all were notified that this map -- that these comp plan amendments were passed, there is a sentence in that, and I'm reading right from the January 6, 2009 letter. "No development orders or permits for a development, depending on the amendment, may be issued or commence before the plan amendment takes effect." These plan amendments have not taken effect. They are under litigation. And when you talk about what a development order is, it refers to, in Chapter 163-3164, development permit includes any building permit, zoning permit, subdivision approval, zoning certificate, special exception variance or any other official action of local government having the effect of permitting land development. So, in effect, what you're doing is you're changing the zoning of this property from what it should be, which is SD-4 or D3 -- because all of the SD-4 properties on the river have been now classed as D3, but you cannot make this change while those amendments are still pending. I will also point out to you a memorandum that was written by Attorney Bru. This is concerning the Vizcayans versus Mercy Hospital, where she -- I believe that you all had requested that after the Administrative Commission had ruled that you requested that they rescind the land -use amendment, in her memorandum -- this is dated June 10, 2009 -- she indicates that there is no need to do that because the land -use amendments never took effect once they are appealed timely. In our cases, all three of these cases that I'm showing you, they are currently at the Third DCA (District Court ofAppeal). We timely appealed those three cases for those three properties. One was in 2004; the two -- other two were 2006. We timely filed an appeal against those. It went to the state. The state ruled against us, then it went to the Third DCA. The Third DCA issued what is now a infamous 41-page opinion regarding the piecemeal destruction of the working river on the Miami River. Those -- you all have filed a motion for rehearing. They are still pending. They -- these land -use amendments, changing it from purple to red on the future land -use map never took effect because we time -- we timely filed them. So if these are now going to be a residential zone in Miami 21, they will not conform with your future land -use map. These properties had to remain purple, industrial, on your future land use map, and when they are purple, they are SD-4, in order to be consistent. And if they're SD-4, they have to be D3. So for two specific legal reasons, these particular pieces of properties must be zoned D3 in order to be consistent with your future map plan and your Comprehensive Plan. Chair Sanchez: Thank you. Mr. Dickman: Five minutes. Chair Sanchez: You did what -- you got 22 seconds to spare, my friend. Thank you. All right, Alyce Robinson [sic]. Vivian D. Rodriguez. Armando Rodriguez. I think he's outside. Suli Ruiz. Rick D. Reese [sic]. City of Miami Page 74 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Vivian Rodriguez: Go ahead, Alyce. Alyce Robertson: Oh, go ahead, Vivian. Ms. Rodriguez: Thank you. Chair Sanchez: Two minutes. Ms. Rodriguez: Thank you. Mr. Chair, Commissioners, Mr. Manager, good afternoon. My name is -- or good evening at this point. My name is Vivian Donnell Rodriguez. I'm executive director of Cultural Affairs at Miami Dade College. On behalf ofMiami Dade College and our president, Dr. Eduardo Padron, who could not be here -- he's out of town -- I want to express our enthusiastic support ofMiami 21. Miami 21 promises to be a transformational phenomenon for our wonderful city. Miami and its neighborhoods are unique. They must reflect a sense of our history, our environment, the people who live here, and the context in which we live. The design of our cities must seduce, shape, and most importantly, evoke positive emotional responses from and for all its citizens. Our cities must fulfill the hopes and aspirations of all its people. We are charged with creating powerful, compelling, and memorable experiences as we go to and from work, as we play, and as we experience our built and natural environment. In order to make a difference for this and for future generations, proposals must be bold, creative, and visionary. There have been comments about the uncertainty of our times. It is, I think, precisely in these times that we need the most creative and visionary leadership, and if not now, when? In short, we support Miami 21 and believe it will make the difference between the forgettable and the enduring. Thankyou. Vice Chair Spence -Jones: Thankyou. Alyce. Ms. Robertson: Hi. Alyce Robertson, executive director of the Miami DDA (Downtown Development Authority). I'm married to a lawyer. Can I have five minutes? No. The Miami DDA has a very strong interest in Miami 21. What happens in Miami 21 is very important to what happens on the streets of downtown Miami. Along in the process, we had the Planning Department come to the DDA and meet with the DDA about various concerns. On March 20, the board of directors of the DDA passed -- adopted a resolution, which you're getting a copy of and we've entered into the record, that supports the Miami 21 and also had attached a few conditions that we would like to see adopted between first and second reading. And don't know if you want me to read those into the record or just provide it -- it's in front of you. There are some concerns that we would like to see addressed and there are some -- the board support was conditional based on those -- the various -- I think there's 10 conditions. I don't know if you want me to read those or if -- Vice Chair Spence -Jones: Alyce, have you shared these with staff at all -- Ms. Robertson: Yes. Vice Chair Spence -Jones: -- already? Ms. Robertson: They've -- Vice Chair Spence -Jones: Ana. Ms. Robertson: -- met with us. They came out. They actually -- Vice Chair Spence -Jones: Okay. Have you -- Ms. Robertson: -- it was a very productive -- City ofMiami Page 75 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Vice Chair Spence -Jones: -- responded to these recommendations? Ms. Gelabert-Sanchez: I believe we spoke to -- yes, to you from the Mayor's office, andl spoke to Javier Betancourt regarding this. Andl believe there was one of the issues that the DDA raised which we said that it was a policy decision, which is the MUSPs, the Major Use Special Permits. On Miami 21, we're proposing that they have two additional extensions, as if -- you know, as we have it today. I believe the DDA would like to see -- one of the recommendations was that the MUSP would be -- if they could come to the City Commission and the City Commission would allow them to keep extending beyond the four years, so it would be a forever Commissioner Sarnoff. I'm sorry. Ms. Gelabert-Sanchez: -- MUSP. Commissioner Sarnoff. One more time. Ms. Gelabert-Sanchez: The Major Use Special Permit, when you get it, you have two years. On the present ordinance, 11000, you can ask for two extensions. Each extension is two years, so you would have a MUSP for six years. Commissioner Sarnoff. Right. Ms. Gelabert-Sanchez: In Miami 21, we're saying the same language. We're saying that any project that was approved under 11000 could come for the two extensions and keep it alive. That was done because of the, I think, a little prior I said, you know, there's a lot of money spent on that, and it's a way to -- given that right now the economy is the way it is, that we cannot build. The DDA would like to have the possibility of coming in front of this body and keep extending the Major Use beyond the -- Vice Chair Spence -Jones: Two-year period? Ms. Gelabert-Sanchez: -- two extensions that we're granting. Commissioner Sarnoff. Why? Vice Chair Spence -Jones: Why? Ms. Gelabert-Sanchez: Well, again, that's the DDA, and that's the -- Ms. Robertson: It's -- Ms. Gelabert-Sanchez: -- one we said that's something that is a policy decision. That is not our recommendation, but obviously, that's the decision you have to make. Commissioner Sarnoff. What kind of craziness is that? Ms. Robertson: Generally speaking, the DDA Board is in favor of the smart growth principles that are in Miami 21. As we go forward and we're trying to create a 24/7 urban center that is the pride and economic engine of the City, looking to a pedestrian friendly character that takes into consideration the green infrastructure is a very critical component of that. Thank you very much. Chair Sanchez: Thank you. City of Miami Page 76 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Vice Chair Spence -Jones: Thank you, Alyce. Chair Sanchez: Next speaker. After Mr. Rodriguez, we'll have -- I think Suli Ruiz already spoke. Rick. Saravia. Adam. Okay. Armando Rodriguez: Armando Rodriguez, president of the Concerned Citizen [sic] of Edgewater. A lot of things has been said here in the last four hours, andl heard from Ms. Zyberk that Edgewater area north of the Omni (UNINTELLIGIBLE) at least up to 36 Street, the T6-24 will be changed to T6-36A and 0, respectively. This certified our needs and our petition for four and a half years. And even though our need has been properly addressed, I think that the concern of each neighborhood must be taken into consideration and be respected. I want to thank the Commissioners that gave the support to Edgewater during the process, who were so understandable with this. And particularly, I want to thank Commissioner Sarnoff because more than the process with Edgewater, I learned my lesson. I can tell you today that there still politicians that have a word of honor. I want to thank you for that. Thank you. Thank you, guys. Thank you, Michelle. Thank you for your help and cooperation. Chair Sanchez: Okay. Sir. Rick Ruiz: Mr. Chair, members of the board -- Commissioners. My name is Rick Ruiz. I live in City ofMiami, 3150 Southwest 15th Street. I'm also on the executive board of the American Institute of Architects, as well as, by November, on the state board. There was a few things that we discussed as an association. Cricket Snow is going to speak on the majority of those matters. The only thing I'd like to bring out are two items. One, I have a client that has a property that's right off of 27th Avenue and the river, and it's basically, possibly one of the largest pieces of property east of the airport, and they designated this property a T6. The T6 property, what it does to me -- or to my client is that it reduces the amount of stories to eight. It reduces the amount of units that we already had approved through -- and we went through a process, a lengthy process of approval that cost quite a lot of money. So -- and also that this piece of property, when you look at it, sits on its own. It's a large piece of property on Delaware Parkway. Commissioner Sarnoff. Can he stop right there? 'Cause I got to tell you. You're like the third person to come up here. You say we have this piece of property; it's been approved. We're all ready to go. Am I missing something? Doesn't he have a vested right? So why is this chain of people coming up before this Commission and saying, I've gone through this procedure; I've got this MUSP; I've got this permit; I'm all ready to go, but --? Mr. Ruiz: Maybe we need to be more educated. Commissioner Sarnoff. No. That's fair. My understanding -- correct me if I'm wrong, Orlando, or whoever's over there -- that this is a -- this man has a grandfathered -- has a right for -- given the number of years he has it. Orlando Toledo (Senior Director, Building, Planning & Zoning): He has a right. If a MUSP was approved two years, and then he has two extensions of two years, so he has six years to build it. Commissioner Sarnoff. Right. Vice Chair Spence -Jones: And that's what was communicated to us. Commissioner Sarnoff. Right. Andl keep hearing these people come up -- andl don't mean -- I just want to make sure I'm understanding it correctly. Did you understand that you have a City ofMiami Page 77 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 vested right? Mr. Ruiz: Yes, I understand. I mean, as explained at this moment, yes. Commissioner Sarnoff. At this moment, okay. Mr. Ruiz: Right. The other thing that I wanted to bring out as an association, as we met when we reviewed the items, was the issue of the non -hearing boards or the review by a urban development board; that the director basically, it was on her call to make a committee or to take it to a review board. That call, just on her decision, we think that it should be something that is an automatic thing; that urban development should be something that's considered by a group of professionals that look at a property; that look not only at the issues of adjacent property owners or the property owner that's bringing before the City a plan, but it looks at the overall intent of the Code and does it as -- also as a committee. So we think that just a call on the director's part should not be; that it should be something that it's an automatic thing. Yes. It has to happen. Commissioner Sarnoff. You're -- are you suggesting that a board that would help give review to the Zoning administrator? What's the name -- what's the statutory name or the ordinance name you give us? Mr. Ruiz: It's the -- we're talking about the Urban Development Review Board. Commissioner Sarnoff. I know what board you're talking about. Mr. Ruiz: Right. Commissioner Sarnoff. And obviously, that board doesn't exist under this ordinance. Mr. Ruiz: Yes, exactly. Well, they say it does, but she did mention that it was -- Commissioner Sarnoff. 'Cause I thought -- again, I thought -- Mr. Ruiz: -- at the discretion of the director. Commissioner Sarnoff. -- that had gotten written into it as well. Vice Chair Spence -Jones: They do, but she's basically -- Ms. Gelabert-Sanchez: It does. There's the -- Vice Chair Spence -Jones: -- responsible for making the decision as to whether or not -- Ms. Gelabert-Sanchez: Yeah. Commissioner Sarnoff. Right. Ms. Gelabert-Sanchez: There's the Urban Development Review Board -- Commissioner Sarnoff. Right. Ms. Gelabert-Sanchez: -- and it's a may. It depends on the magnitude of the project. And usually, if the project is of impact, it goes in front of the UDRB. They're a recommending body to the Planning director. That has -- it has always been like that, and it's purely on architecture. The Coordinated Review Committee that, I believe, you're referring to, it's a combination of the internal design review, which is Planning staff right now, and the technical departments, Public City of Miami Page 78 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Works, Fire, and other review. We're saying when the project is beyond a certain amount of square footage, then that is reviewed. It's not -- it really is more like what we have today under the Class II, which is the warrant. If the project is a small project, for example, if you have a small -- a building where -- a design review, then you might not need to call in to the other departments. But in all cases, the criteria is clear as to how -- when I make -- on the warrant, I make a decision. It's administrative. It can be appealed. Other than that, I make a recommendation that comes to the Planning, Zoning and Appeals Board, and it can be appealed to this body, or it actually comes to you andl make a recommendation similar to what you see every month when we come to the Planning and Zoning. So the criteria's clear. In addition to that, the criteria -- because it was -- we were putting it as part of the Code itself, but in addition to that, because the community also wanted to see what we call 1305 in the design guidelines, that is also incorporated in the criteria when it goes through the review of the plan -- of the Planning director, and that is on Article 4, and it's Table 12. So that is incorporated. So as far as the -- I think -- where does -- are some may instead of shall, it could be under the Urban Development Review Board, it's architectural board. And when it goes is when the project is of magnitude, not smaller projects. Mr. Ruiz: Thank you. Chair Sanchez: All right. Thank you. Mr. Ruiz: Thank you. Chair Sanchez: Thank you, Mr. Ruiz. Ms. Gelabert-Sanchez: Oh, and -- Chair Sanchez: Adam. Ms. Gelabert-Sanchez: -- I'm sorry. IfI may, because it was also raised. The issue of what permits are vested, that was done at the PAB. That is not a new change, where we -- andl believe I said it. If you want, I can go back again, but -- on the vesting. It was done a long time ago. Chair Sanchez: All right. Adam and then we'll take up Barry -- is it Sharpe? Unidentified Speaker: Sharpe. Chair Sanchez: Yes. Barry. Jeff Shimonski, okay. Grace Solares. Richard Strell. Commissioner Sarnoff. He's already been there. Chair Sanchez: Huh? Commissioner Sarnoff. He's already been up. Vice Chair Spence -Jones: Richard went up. Chair Sanchez: He's already been up? Vice Chair Spence -Jones: Yeah. Chair Sanchez: Well, he must have filled two of them. All right. So Richard's already been up? Vice Chair Spence -Jones: Yes. City of Miami Page 79 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Commissioner Sarnoff. Yes. Chair Sanchez: Okay. All right. Adam Mizrahi: Good -- Chair Sanchez: Sir, you're recognized for the record. Mr. Mizrahi: -- afternoon. My name is Adam Mizrahi, and I'm a resident of Brickell in 950 Brickell Bay Drive. I'm also a recent graduate of the University ofMiami architectural program. And -- but I'm here to speak to you as a resident of the City ofMiami. I am here because I love Miami and because I have realized over the last few years that the City ofMiami and South Florida, for that matter, and perhaps the whole state, is an unsustainable web of development. We live an odd, eccentric lifestyle, dependent on the automobile. People do not walk. We live what would call greedy lives that rape our natural environment and, in plain English, we live in an unsustainable landscape. The current code does not work. I've recently been all over the United States, andl visited many of the great American cities. I went to Philadelphia. I went to Boston. I went to Baltimore. I went to even small cities like Annapolis, Salem, Williamsburg, all over the United States. And when I come back every time when I go for my trips, I come to realize how far behind the City ofMiami really is. We cannot walk anywhere. We cannot drive anywhere. And case in point, the evidence is evident all over the streets of Miami. I would like to point out a few developments that have been developed just recently in the last few years that show exactly the disregard for the pedestrian public environment. Number one, anyone who has been to Brickell has probably driven on Brickell Bay Drive. Brickell Bay Drive is perhaps the most developed street in Brickell, more developed than Brickell Avenue itself. But when one walks through Brickell Bay Drive, all one sees are giant parking lots and parking garages, ten stories high, that overwhelm the pedestrian environment. It is the most developed street in Brickell, yet nobody walks on that street. Nobody walks their dog -- I mean, you might see a runner here or there, but it's by no means the type of active pedestrian environment that you see in cities in the United States or around the world. Many of these buildings have been developed just recently in the last few years, some just recently completed. One of those buildings is the Plaza on Brickell. The Plaza on Brickell might have great urbanism on Brickell Avenue, but on Brickell Bay Drive, it is a giant wall or parking lots. I hope that Miami 21 will change those things. The code seems to be able to address those issues, and hopefully, the Commission will pass Miami 21. Chair Sanchez: Thank you. Sir, good afternoon. Barry Sharpe: Yeah. My name is Barry Sharpe, andl represent -- I have a company, Property Tax Appeal Group. Andl happen to be a property tax advocate, which is something that apparently hasn't been spoken about today. In addition to that, I own a shopping center within the municipality of the City ofMiami. I am a real estate broker, andl also happen to be a building contractor. And my presentation is going to be limited only to the high-rise aspect of Miami 21. I did take the time to look through Miami 21, and last week, I did a presentation doing a tax appeal on a property at 251 East Flagler Street. I'm not going to talk about that one, but I'm just making a point that the highest and best use of that particular property was land value, and that's the reason why I'm over here explaining to the Commission that there is a problem. Your zoning law cannot -- I insist -- operate in a vacuum. You need to deal with Miami -Dade County also. You have property taxes that are divided into land aspect and the building aspect. And what I'm going to explain to you that there is, in my opinion, no need to give a cash stimulus like President Obama. On the contrary, I think you can deduct the -- and reduce the taxes and see this thing flourish. The reduction will only be temporary, and I'll explain to you why. In fact, Commissioner Tomas Regalado was on the radio today talking about taxes also, so apparently, it is an important issue. One of the things that I noticed in my City ofMiami Page 80 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 presentation with the tax appeal is that you have what's called a transferring of developmental rights. In my opinion, that should have a monetary value. IfI have a property andl give up my right to someone else to build a taller building, well, I would imagine that this does have a tax impact of some sort. Someone is benefiting and someone is losing. I don't see anything about that in the Code. To accomplish the intent, there also should be some incentive to join the properties. The reason I'm bringing this up is this particular property that I did the appeal for happens to have three separate folios. Well, why doesn't this gentleman sell the three folios to three different people? Oh, no. That's not good, according to your intent. Your intent is to join and amass the properties. By amassing the properties, what happens? You can build a very, very tall building. You can increase your tax revenue, get a lot of money for your tax as far as the building aspect. Well, why don't you give the incentive to the people that own the land? Give them some sort of a tax -- rebate tax reduction. I'm going to go into that a little bit further. Yes? Chair Sanchez: You're going to be wrapping it up. Mr. Sharpe: Okay. The idea is that you're trying to amass the properties, and you should grant some sort of a tax holiday or moratorium and some discount of some sort to the people for amass and encourage people to amass the properties. I presented to the board over here certain sections of the Code that I did take the time to look through that does present some problems that I think that they should seriously look into prior to passing the Miami 21. Chair Sanchez: All right. I think they have to answer a question that you spoke on, which was the transfer of air rights. There are transfer of air rights -- Mr. Sharpe: Not air rights, development rights. Chair Sanchez: Development rights. Mr. Sharpe: This is significant Chair Sanchez: Can you -- can we address that? There are, sir. Ms. Plater-Zyberk: Yes. And they will be purchased at some unestablished rate. In other words, at some market rate. So whoever -- if someone is anxious to sell their rights, they might price them lower than somebody else who will hold out for a higher price. It's different than the benefits in that way. Vice Chair Spence -Jones: And who makes that decision? Ms. Plater-Zyberk: It's a market decision. Mr. Sharpe: The question thatl have, is it reflected in the assessment of that land because you're giving up a right? That's the question. Ms. Plater-Zyberk: Yes. It should be. Mr. Sharpe: So your tax should not be uniform in the same block, which is typical here. They have all the properties assessed at 250, 180, 140 on a block. If someone grants the right to someone else, well, when you look at a block, there should be variations. This is what I'd like to see. Chair Sanchez: Thank you. That's a good point. Sir. Jeff Shimonski: Jeff Shimonski. I'm a member of the -- City of Miami Page 81 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Good evening. Mr. Shimonski: -- Green Commission. I'm a professional horticulturalist and a consulting arborist. I've been practicing my profession in the City ofMiami for this past decade and in Miami -Dade County for over 35 years. When my family moved here in 1960, since then I've seen a tremendous amount of unfettered growth that seemed to be autocentric and it was definitely a calamity to the environment. When I readMiami 21, when I've look through it and I've heard presentations over the last couple years, I know there's going to be a lot of problems with it. Well, there is a venue here where people can come up and compromise. But I also know, when I look at this, I see that it's people -centric. It's about the scale of people and the landscape. It's about the scale of people and the city. It's not about being in your car for three or four hours to get to work, to come back to go shopping, to be afraid to walk on the sidewalk because it's so narrow, you're probably going to get hit by a car. I think -- when I readMiami 21, I see that it's not only human -centric, but it's good for the environment. What our zoning and our development has done over the last 40 years has been a calamity to the environment, and we have an opportunity here to do something to create pedestrian friendly walkways, to add more trees, to reduce the heat. I mean, when you drive down the road from -- you go from downtown Miami to Coconut Grove, you can feel the heat drop. It's critical. If we want to improve our standard of living, we want to do something about the landscape. For the last ten years, I've been successfully practicing and writing about sustainable landscape design and practices. It can be done in the City ofMiami, and it can be done very cost-effectively, andl think this is something that Miami 21 offers a window to, and definitely approve it and support it. Thank you. Chair Sanchez: Thank you. Next speaker. Grace Solares: Hi. Grace Solares, Miami Neighborhoods United. IfI didn't know better, I would have thought that all these people that have come here to tell you that you cannot hear the Comprehensive Plan or Chapter 23, were sitting right beside me when I was drafting the letter that I delivered to you this morning. That's why I'm not going to repeat it. Chair Sanchez: Thank you. Ms. Solares: They -- You're welcome. The amendment -- but I'm going to say -- put it on the record, and I'm going to give a copy of the letter to Pam -- Chair Sanchez: The Clerk. Ms. Solares: -- so it goes with it. However, there's one item in the letter that I sent to you today that nobody actually has touched upon. And as the applicant of the amendment to the Comprehensive Plan that it happens to be the City Manager -- and pursuant to your Code, Chapter 62-31(b), an application to amend the Comprehensive Neighborhood Plan can only be made by four ways. One, the City Commission, which may, by motion, direct the Planning, Building, and Zoning Department to prepare and amend for submission to the PAB. Two, the Planning, Building, and Zoning Department can do it. Three, any other department or agency of the City. And four, the owner or agent or attorney of the owner of the property. So therefore, the City Manager is not included as an authorized applicant. The City Manager is not the Planning, Building, or Zoning Department of the City, and the City Manager is not a department or agency of the City. The City Manager is the administrator. I point you to Section 16 of the City Charter that defines his powers and duties. I do not need an answer from Ms. Bru, Commissioner, 'cause I know what she's going to say. "She's wrong, " so I don't need it. I don't need to -- for her to -- Chair Sanchez: I think it's important that you get an -- City ofMiami Page 82 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Ms. Solares: -- clarify me -- Chair Sanchez: -- answer from the Legal Department on that one. Madam -- Ms. Solares: -- because the Legal De -- Chair Sanchez: -- Counsel, please respond to that. Ms. Bru: Mr. Chairman, the section of the Code that Madam Solares is referring to specifies how it is that a comp plan amendment can come to this board. Andl believe that, through the process of the four years that we've been working on this, this Commission has, in more than one occasion, directed the Planning Department and staff and the Manager to prepare the item that is before you. And besides that, the City Manager is the chief administrative officer of the City of Miami and all other directors are really acting on his behalf and delegated the authority to act by the City Manager. Ms. Solares: I didn't expect anything else. Chair Sanchez: All right. Ms. Solares: With respect to Commissioner -- I mean, Mr. Chairman, I read in the newspaper the other day that you had said when this matter was all of a sudden brought up -- Chair Sanchez: Why do you have to quote me? Can you quote somebody else? Ms. Solares: No. I'm quoting you -- Chair Sanchez: You're always quoting me. Ms. Solares: -- because of what you said. Chair Sanchez: You're always quoting me. Ms. Solares: It goes to the heart of this issue, sir. You quoted that "this matter should not come before this board-- this Commission before" -- Chair Sanchez: If it was up to me, I'd be dealing with the budget -- Vice Chair Spence -Jones: Budget. Chair Sanchez: -- right now, but -- Ms. Solares: That's right. Chair Sanchez: -- the Mayor -- Ms. Solares: That hundreds of people were calling your office with respect to the budget, you said -- Chair Sanchez: And I put out -- listen -- Ms. Solares: -- and that this matter -- you were quoted "this matter didn't have to come before this body until after the elections." I don't understand why the rush. I don't see any reason why one of you or you, for that matter, Commissioner, after having said that, Mr. Chairman -- City of Miami Page 83 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Did you read my memo that I put out? Ms. Solares: Your number? Chair Sanchez: Did you --? No, my memo. You did read my memo. Ms. Solares: I didn't read my [sic] memo. I referred to your memo because of the newspaper, what it said. There was never any denial in the newspaper by you, sir, as to your words. But what I'm trying to get at, sir, is that you can, if you believe deep down in your heart that this matter should not be heard or passed on any reading before the elections in November -- Chair Sanchez: I made it very clear that I'd rather be focusing on the budget than this, but we have to address this issue. We can't continue to stick our -- Ms. Solares: We don't have to, sir. I'm -- Chair Sanchez: -- heads -- Ms. Solares: We disagree on that one, but -- Chair Sanchez: All right. Grace -- Ms. Solares: -- I was just going on you. Chair Sanchez: -- please continue. Ms. Solares: So we just -- this -- we would like, Miami Neighborhoods United, that the matter of the Comprehensive Plan not be dealt with, the amendment. Chair Sanchez: Thank you. Ms. Solares: The Chapter 23 -- because it's improper before you, even though we have seen and read the view shed portion of it and we support it wholeheartedly, whether it is in Miami 21 or in any format of 11000. It's solid and it's good and it's necessary. But we -- you do -- what we do request is that someone makes a motion to defer this item until after the elections so that the people, the rush of this Miami 21 is not really put through. I mean, we have the desire of a Mayor who has said here today that 11000 is broken and it has to be fixed but it's been up there Chair Sanchez: Thank you. Ms. Solares: -- for the last eight years when it's been broken and he's never vetoed once -- Chair Sanchez: Okay. Ms. Solares: -- any of the wrong votes that have actually caused all of this -- Chair Sanchez: Thank you, Grace. Ms. Solares: -- proliferation of buildings wherever they should -- Chair Sanchez: Thank you. Ms. Solares: -- not be. City of Miami Page 84 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Thank you. Next -- Ms. Solares: Thank you. Chair Sanchez: -- speaker. Maggie Stember [sic]. Verena -- is it Strener? Verena Streber: Streber. Chair Sanchez: Streber? Sony. Ms. Streber: It's okay. Chair Sanchez: Janice Tarberry [sic]. Janice. Charles Tavares. Peter Thomas. And Beth Thompson. Beth, let me -- I did call you earlier. You were the first one I called. I said the chair of the PBA -- PAB, and -- Beth Thompson: I was outside. Chair Sanchez: I do apologize. But I -- we did call you earlier. You were the first one we called. I thought you had left. Ms. Thompson: (INAUDIBLE). Chair Sanchez: Okay. I didn't see you in the crowd. Okay. Verena Streber: Verena Streber, 601 Northeast 55th Terrace, Miami, Florida 33137. I'm a green business owner and a homeowner in Morningside. I'm also a supporter of public transit and bicycling as transportation, andl am here to voice my support for Miami 21. I believe that people need to realize that Miami is still a young city and it still has some -- and still has some growing up to do. It will prove to be more beneficial to everyone, especially future generations, that growing up is done with some forethought. I've had the benefit from my international background, having an Australian father and a French mother, that sustainable cities are incredibly beneficial to both the people, as well as the city. I also remind people that the change that we want, unfortunately, takes time. Sydney is an example of a young city, and yet has grown up immensely since my parents first lived there in the 1970s. At the time, the central business district, the CBD, was not as a vibrant place as it is today. Today, more and more people are moving there. In addition, the opera house is not even built, and now it's one of the most recognizable landmarks in the world. We need to think about how Miami continues to grow. I have read this plan and it is gives me confidence that I made the right decision to move here and bring my business here. Commissioners, I urge you to push for sustainable changes for the city and that plan rather than wait for things to happen. As in medicine, it is far cheaper to undertake preventative medicine than fix a problem that was ignored. I look forward to being able to bike more extensively in the city that I live. Please support Miami 21 as it is today. Thank you. Chair Sanchez: Thank you. All right. Ma'am. Janice Tarbert: Janice Tarbert, 25 -- Chair Sanchez: Five minutes. Ms. Tarbert: I won't be that long -- Chair Sanchez: Okay. City of Miami Page 85 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Ms. Tarbert: -- because I took out some of the things I was going to say -- Chair Sanchez: Okay. Ms. Tarbert: -- 'cause I know it's getting late. Janice Tarbert, 2520 Southwest 24th Terrace. I am appearing on behalf of the Planning Advisory Board, as I am a current chairperson. The PAB made several recommendations regarding the Code and the atlas. I hope you have had the opportunity to read our recommendations, as we feel very strongly that these recommendations to the Code and the atlas should be incorporated. I am disappointed that the Planning Department has recommended to maintain some of the original designations to the atlas that the PAB recommended changes to. I was going to go into a little discussion or whatever about how I felt the public was not entirely heard between when the Code was passed for the east quadrant to when it came back in December, but it's already been said and done, so I will end with this. I believe you will hear many recommendations today that the PAB was not given an opportunity to hear and vote on. That is why I urge you to listen and to seriously consider these recommendations. Thankyou. Chair Sanchez: Thank you. And those recommendations are in front of us, and we will deal with them later on. Ms. Tarbert: Right. And we really feel strongly about the ones for the atlas. Chair Sanchez: Okay. Well, it comes down to a policy issue that we will vote on. Ms. Tarbert: Fine. Thankyou. Chair Sanchez: So we will address them later on. Next speaker. Yes, sir. Peter Thomas: My name is Peter Thomas. I live on Brickell Avenue at the corner of 15th Road, and my office is at 2401 Northwest 7th Street. Chair Sanchez: Sir, is this yours? Did you pass this out? Mr. Thomas: Yes. I just passed that out. I'm an architect, andl have -- I'm representing a client who has property in the area. And actually, I have a couple of clients who have property in the area that's outlined here. And I'd just like to really discuss one issue. Andl have a larger board here. What's illustrated here are projects that have been approved in the area that is basically bounded by the Miami River, Brickell Avenue, and Coral Way, and on the north -- on the west -- the -- basically, the Metrorail system. And as you can see, there are a number of projects that are in excess of the proposed Miami 21 zoning height, which in this area is 36 stories. The -- across the river, Miami 21 has a height recommendation of 48 stories. To me, it seems that this area really is in the middle of downtown. I don't see the logic to the 36-story limitation in this location. And l feel that the issue of height is unreasonably restricted in terms of the arrangement of the FAR (Floor Area Ratio) that is allowable on the site. And if you were to take Miami 21, for this, admittedly, limited area, but clearly the heart of downtown, you wouldn't be able to build the Chrysler building on this site, andl think that would be a shame. And that's all I have to say. Chair Sanchez: Thank you, sir. All right. Charles Tavares: Hi. Good evening -- Chair Sanchez: Name. City of Miami Page 86 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Mr. Tavares: -- Mr. Mayor, Mr. Chairman, Commissioners. Thank you for the opportunity. Charles Tavares, 218 Southeast 14th Street. I'm a long-time resident, business and property owner within the Brickell area. And as a matter offact, in the whole Miami area. I just -- I have businesses and properties here because I've chosen to. I love the City and what's happening here. And the reason I'm here is because I'm very concerned about the Brickell West area, where we have some properties -- we actually have almost 12 properties, vacant land, residential buildings and houses, you know, rental buildings. And basically, what Miami 21 is proposing for this particular area that we have these properties, Miami 21 is proposing to take away our current rights for heights. Today, all the properties that we own have unlimited height entitlement through C-1. And since we have large properties, like 2.4 acres, 1.7, 2, you know, you can actually build high. You can actually build beautiful projects, world -class projects that I believe our city needs and deserves. Also, about the sustainability. For instance, I think that will serve very well the City and the Brickell area as -- you know, the area has plenty of mass public transportation. As a matter offact, it has the best existing mass public transportation. Right next to my property is just -- you know, 20, 50 feet, we have the Brickell station. We have the Brickell Metromover station, and it doesn't make sense to limit the density, the intensity of these properties through height limitation, and you know, as you should be encouraging. So I would like to ask you to support T6-36 for Brickell West so, you know, you can continue to contribute for sustainability of the City and development. As a matter offact, I'm very pleased to tell you that since, you know, last few months, I don't have a car anymore, which probably, you know, I'm the -- one of the very few people here that don't have a car. I chose not to have a car, you know. I stopped driving. I just walk. I have my office on Brickell. I have my home at Brickell, andl just walk. Even during the summertime, you're going to see me walking, walking my dog, walking on Brickell Bay Drive. So you know, I just wanted you to support T6-36. That makes sense for, you know, what we're trying to accomplish here, a more sustainable city. And, unfortunately, I haven't had the time to read all of you know, the Code yet, because, you know, it's a little complex and big, but I'm going to do it, and I'll have further comments. But I'll definitely would like to ask you to support T6-36 for Brickell West. I think that's going to make the City better and it's going to serve the smart growth and sustainability policies that Mr. Mayor Diaz is, you know, trying to implement with this great vision of a better city, better future, and you know, where we can -- Chair Sanchez: Thank you. Mr. Tavares: -- you know, be more sustainable. Chair Sanchez: Thank you. Mr. Tavares: Thank you. Chair Sanchez: Silvia Wong. Janice Tarbert. Peter Thomas. Thompson -- Mr. Thomas: I just spoke. Chair Sanchez: -- (UNINTELLIGIBLE) Thompson. Maggie Steber. Steven Wernick. And Shawn Wilson. Whoever I called, just come on up. Ms. Wong. Silvia Wong: Good evening. Many of you know me. My name is Silvia Wong. I've been a resident of Miami -Dade County for over 30 years, andl have property and business at 400 Northeast 67th Street in the Little River Business District. I'm here to represent myself, andl want to talk in general terms. In using common sense -- because a lot of other people here have already gone through a lot of details, but I think that almost everybody here will agree with the common sense things that I will mention now. And what we have to all realize is that life is not fair. Life isn't fair because you, the honorable City Commission, and the public, your constituents, only had less than six days to review and analyze the 462-page-long recent City of Miami Page 87 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 modifications list and marked code. This Miami document, which no one should disagree with the fact that it will have such a monumental impact on the City of Miami for so many decades, needs more than five days to discuss and digest. Now the consultants will probably disagree that many people have already had a chance to study this, but I, on behalf of the normal, everyday citizen, have to disagree. Andl think that because life isn't fair, you, the intelligent members of the Commission, know that you have the power to make Miami -- life in Miami a bit fairer. Make it more fair because you can defer Miami 21 until you can devote more time and effort to studying these hundreds of pages and hearing from the thousands of citizens with valid concerns. And really, you all have to, I'm sure, realize that no one here disagrees with the fact that Miami 21 has very many wonderful and beautiful ideas. It will make Miami a better environment, more better for health, better for a greener environment, but the details, the actual details that have so many complexities and controversies do have to be worked out. And that's why many people should not disagree with me that this item needs to be deferred. I do have one detail that would have to ask -- I would like to ask the consultants because -- Chair Sanchez: Silvia, closing it up. Ms. Wong: Okay. In closing, you, Mr. Chairperson, had asked at 2: 50 p.m. -- I wrote it down -- at the beginning of this meeting, you asked if the -- one dwelling unit per lot of record if that was already changed. And the response from Ana Gelabert-Sanchez was that, yes, that has been changed to nine units per acre. I must say that I have read the 462 pages, and in Article 4, Table 4, page 17, it still says that there is the one dwelling unit per lot of record. Please correct me, if I'm wrong. Ms. Gelabert-Sanchez: I would like to clarify. The question was on the D1, the nine units per acre. It's a proposed change. This Commission has to vote in that change. They have to agree. What I meant to say -- Chair Sanchez: It's a policy issue. Ms. Gelabert-Sanchez: -- whatl said is -- Chair Sanchez: We vote on it today. Ms. Gelabert-Sanchez: -- the change that I brought in is a proposed -- and it was part of my presentation that we were changing it, our proposal, from D1, one unit per lot of record, to nine units -- Vice Chair Spence -Jones: To nine. Ms. Gelabert-Sanchez: -- per acre. But that, again, as it was clearly stated in the beginning of my presentation, is -- I was saying these are the proposed changes. Vice Chair Spence -Jones: Recommendations. Ms. Gelabert-Sanchez: Those changes -- these proposed recommendation, the Commission has to vote on them. If they do not agree, you know -- this is just my recommendation. So -- andl just want to clarify. The 462 -- Chair Sanchez: It is -- Ms. Gelabert-Sanchez: -- pages, those are not changes. Chair Sanchez: -- for the record, PAB resolution 08-044, which we will address, okay? City of Miami Page 88 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Ms. Wong: Okay. But, you know, for people like me -- and I'm sure that there are thousands of us in Miami -- those 462 pages are very difficult to get through and to understand, andl humbly ask -- I beg of the Commission to please defer this item -- Chair Sanchez: Thank you. Ms. Wong: -- to be able to hear and read and study more these -- Chair Sanchez: Thank you. Ms. Wong: -- hundreds of pages. Thank you very much. Chair Sanchez: Okay. Ms. Gelabert-Sanchez: The -- Commission -- just to clarify because I know it's a sensitive -- the Code has been up since February of 2009. The recent changes that went up on the Web on July 31 are not the 462; are the ones that I read on the record that are clerical. That's just for the record. Ms. Wong: Excuse me, but for the record, those 462 pages are entitled "recent modifications list and marked code." If they -- Chair Sanchez: Thank you, Silvia. Ms. Wong: -- are not recent, you must clarify as of what date. Chair Sanchez: Thank you. Ms. Wong: Thank you very much. Chair Sanchez: Thank you. All right. We -- before you go on, we still have about 40-some speakers that'll be speaking. I think what we're going to do is maybe take a recess and get something to eat briefly 'cause -- and we'll come back. Vice Chair Spence -Jones: Why don't you go through the list and see who's here? Chair Sanchez: Oh, they're here. Vice Chair Spence -Jones: No. Call them and ask if they're here. Chair Sanchez: They're here. Trust me, they're here. Hold on, Michelle. We'll get through it. All right. Let's go ahead, and then we'll go through the list. Shawn Wilson: Thank you very much, Mr. Chair and Commissioners. Shawn Wilson, with offices at 3250 Mary Street, in Miami. I'm with the partnership that is proposing to redevelop 3.97 acres of the Culmer Center site at 1600 Northwest 3rdAvenue. That partnership consists of Alonzo Mourning Charities and my company, Housing Trust Group. Mr. Mourning was unable to attend this meeting this evening, but he wanted me to express his sincere appreciation to all of you for all of your hard work and support in the past. We also want to express our appreciation to the district Commissioner, Ms. Spence -Jones, and her staff for working with us over the past several months to better understand the priorities in her district and to be able to share with her the proposed redevelopment of this site. We are requesting that the 3.97 acres that Alonzo Mourning Charities controls where the redevelopment will occur be zoned T5 under Miami 21. T5 coincides, in many respects, with R-3, which is what we would come under in the present code. Approximately four years ago, Mr. Mourning, as an extension of his charitable activities, City of Miami Page 89 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 together with other community leaders, conceived of a transformation of the entire block in order to bring high -quality affordable housing and neighborhood retail to Overtown. Two years ago, we joined AMC (Alonzo Mourning Charities) in this effort. At that time, in June of 2007, draft Miami 21 zoning atlas showed the site as T6-8, which is appropriate for the intended redevelopment. We met with the Zoning director, the Planning director, and the chief financial officer at that time to introduce ourselves and describe the redevelopment plan. Subsequent drafts of the atlas showed T6-8 in April 2008, T6-8 in September 9, 2008; T6-8 in September 30, 2008. With the knowledge or the understanding that our zoning status was fine both under the old code and new, we went about securing site control from Miami -Dade County for the 3.97 acres. They own most of that block. The City owns the other part of the block. On December 2, 2008, after a lengthy process, the County Commission granted the site control via a 65-year ground lease. And if you would permit me to finish, I'll try to finish very quickly. When we next examined the draft zoning atlas, the zoning for the site -- Chair Sanchez: Sir, you've already gone through the process? You have an application in? Mr. Wilson: No, sir. Chair Sanchez: So you have no application, you have not applied for anything? Mr. Wilson: No, sir. Chair Sanchez: Okay. You got one more minute to try to put your -- what you want to put on the record. Mr. Wilson: When we next examined the zoning -- the draft atlas in January, the zoning for the site had changed to CI, which will not allow the redevelopment. This prompted a series of very positive meetings with various people at the City, and we thought we were okay to come in as T5. During that same timeframe, we were working with Community Development on their NSP2 application to HUD (Department of Housing and Urban Development). In fact, staff asked us to provide a commitment letter from the County, which we did, which staff included in the City HUD application, which wound up being 15.6 percent of all the leveraging funding commitments that the City included in their federal application, which are -- which -- okay. Reading from page 37 of the NSP2 application, it says the Culmer Neighborhood Center, a 190-unit affordable housing development, which has leveraged support of -- andl won't say the dollar amount -- it's a million and -- it's about $9 million -- will receive NSP2 funding through the City's plan under Strategy E. Finally, the Alonzo Mourning Charities redevelopment plan for the site is generally consistent with the CRA (Community Redevelopment Agency) expansion plan, according to my reading of the plan. And thus, bringing it in under C-1 seems to be a huge -- Chair Sanchez: All right. Mr. Wilson: -- step backwards. And we -- so we would request it come in under T5. Thank you, sir. Chair Sanchez: Thank you. Yes, Vice Chair. Vice Chair Spence -Jones: Yes. This is definitely within my district. You made a statement about you meeting with my office. I'm assuming you must be talking about somebody else in my office because I just asked my legislative person, and we haven't had a meeting. Now, maybe you've had a meeting with Gary and the City Manager and other people regarding this issue. But I'm very clear about what our position is and what the neighbors' position is over there. So -- I mean, I don't want to get into a back and forth. We have now until the next reading on this issue, but let's be very clear that Spence -Jones -- andl want to make sure that I put it on the record -- has not sat and had any meetings with anybody about changing any zoning or supporting any City of Miami Page 90 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 zoning happening -- no zoning changes happening with that existing land, which is called the Culmer Center. And if you do recall or you have paid any attention to it, most of the people in the neighborhood have not heard of it either. So it's not about me. It's not about my office. It's about the people that live around there. So then my question becomes, have you had a meeting with those people? The answer is no. Chair Sanchez: Thank you. Mr. Wilson: Thank you very much. Chair Sanchez: All right. Let's -- Shawn Wilson. Ben Fernandez. Steven Wernick. Steven -- that's you? Mr. Wernick: Yes. Chair Sanchez: Okay. Neisen Kasdin. Janice Tallberry [sic]. Did she speak already? Commissioner Sarnoff. Yep. Chair Sanchez: Okay. I keep calling you. Unidentified Speaker: I know. Chair Sanchez: How many of those did you fill out, five or six? You really wanted to speak today, didn't you? Unidentified Speaker: Yes. Chair Sanchez: All right. Peter Thompson; he spoke. Adam. No Adam. That's not Adam Shatler [sic]. Okay. We still have this much, so -- Okay, sir. You're recognized for the record. Mr. Wernick: Steven Wernick, 200 South Biscayne Boulevard. I'll just be very brief. I passed out one case, which is City ofMiami versus Save Brickell, Inc. It's a ThirdDCA case from 1983. And it goes to the point of a lack of identifiable standard. In Miami 21, warrants and waivers and such processes, there are not sufficient standards to give certainty to applicants who are coming forward And I'll just read briefly from this case that goes exactly to this point. On page 6 of 8, we need not consider whether the governing body has, in fact, acted capriciously or arbitrarily because it is the opportunity, not the fact itself, which will render an ordinance vulnerable. It goes on to say, in other words, if definite standards are not included in the ordinance, it must be deemed unconstitutional as an invalid delegation of legislative power to administrative board. And finally, on the page before it -- this is page 5 of 8 -- if the ordinance is unconstitutional i.e., void and invalid, then the Commission did not have the power or authority to approve the resolution. And a fortiori, any resolution passed pursuant thereto is likewise invalid. So I just wanted to put that on the record. I think there's much work that needs to be done with Miami 21, despite its good principles. Chair Sanchez: Thank you. Before we do -- let me just do a roll call here to see who's here, and that way we could try to clear some of the people here. Javier Soto. He's gone? Okay. Charles Bohl. Charles Bohl: Here. Chair Sanchez: Okay. Bernard -- he's here. Julie Diaz, not here. Adam Zirahi [sic], not here. Pamela -- is it Miller? Pamela Miller. Anthony Villaamil. Ben Fernandez is about to speak. Eileen Bottari. City ofMiami Page 91 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Eileen Bottari: Here. Chair Sanchez: Thank you. Lucia is here. Mitchell Friedman [sic]. Mitchell Feldman: Yes, sir. Chair Sanchez: Thank you. Harry Gotlieb. Harry? Not here. Gabriella -- she's here. Richard -- yes, he's here. Neisen Kasdin, who's up next. Snow. Kricket Snow: Here. Chair Sanchez: Great. Noreen Timoney. Nina West. Nina West: I'm here. Chair Sanchez: Hadley Williams. Hadley Williams: Here. Chair Sanchez: Wendy Stephan. Wendy Stephan: I'm here. Chair Sanchez: Alfredo Mesa. Juan Calvo. Lee Barbosa. She's here? He's here? Okay, you're here. Julian Linares has spoke already. Lombard; here. Jose Viana (phonetic). Unidentified Speaker: Here. Chair Sanchez: Lewis -- Lynn Lewis. Lynn Lewis: Here. Chair Sanchez: Frank Martinez. I thought he was here. Carter McDuel [sic]. Commissioner Sarnoff. He spoke. Chair Sanchez: He spoke already. He had two of 'em [sic]. Steven spoke, and Norman Quintero. Norma Quintero: Norma Quintero. Chair Sanchez: Sorry. Norma Quintero. Sorry. I do apologize. Commissioner Sarnoff. She doesn't look like a Norman. Chair Sanchez: All right. So still have about 30-some people to speak. Ben. Ben Fernandez: Thank you. Mr. Chair, members of the Board, Ben Fernandez, 200 South Biscayne Boulevard, with the law offices of Bercow Radell & Fernandez. I'm here on behalf of 3801 Biscayne Ltd. I have a very brief and specific comment to make, certainly don't want to stand in the way of the good intentions and good principles of this proposed new ordinance. However, I would like to draw your attention to one area where the site -specific impact of the remapping is going to create a disparate impact for a particular property owner, and that is the intersection of Biscayne Boulevard and 38th Street -- Northeast 38th Street, that is. And that City of Miami Page 92 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 intersection is right here where the property's actually in yellow. It's currently part of a larger property that's zoned SD-8 beginning from Biscayne Boulevard all the way to the east to what is the on -ramp to the Julia Tuttle Causeway. All we are saying here is that this property should not be downzoned to the T4 R zoning district. You're presently going from an unlimited height that SD-8 permits to four stories, restricted -- no commercial use allowed. It's clear that the off -ramp from the Julia Tuttle Causeway to Biscayne Boulevard is a street that has -- whose character has changed. It is someone that merits, at a minimum, a mixed use. This proposed designation would not allow that mixed use on this property. And I suppose that the ostensible purpose of this new mapping is to ensure that the height of any proposed future redevelopment would be clustered at the intersection of Biscayne and 38th Street over here, but that's not the best solution here. We've been meeting with your Planning Department. We've had meetings with your City Manager as well, and the -- what we are proposing is a development that will spread the development across the entire property. In order to do that, you can't have this property at a T4 R designation. It makes more sense to respect the underlying zoning, not create the disparate impact, and treat this property in a manner that's dissimilar from other similarly -situated SD-8 zoning properties in the area; provide it the proper zoning and take care of the development later to ensure that it's compatible with the surrounding area. Vice Chair Spence -Jones: Ben, have you communicated that to staff? Mr. Fernandez: We have, and we're working with them. Vice Chair Spence -Jones: And what about the district -- Has he communicated that to you? Commissioner Sarnoff. I'm aware of it. Mr. Fernandez: We're communicating it to the Commissioner. Vice Chair Spence -Jones: Oh, okay. Commissioner Sarnoff. I don't agree, but I'm aware of it. Vice Chair Spence -Jones: Oh, okay. Chair Sanchez: All right. Ben -- Commissioner Sarnoff. Ben thinks -- Mr. Fernandez: Thank you. Commissioner Sarnoff. -- everything should be bigger. Chair Sanchez: All right. Listen, is there anyone that's going to need a translator, so we could get the translator out of here, saving us some time and money? Is anybody going to need a translator for Spanish and Creole? No? Okay. All right. Unidentified Speaker: Maybe you need to say it in Spanish. Chair Sanchez: Huh? Unidentified Speaker: You need to say it in Spanish. Chair Sanchez: No. All right. Yeah. We -- hold on, yeah. Does somebody need a translator in Spanish? Terrence Riley: Ask in Spanish. City of Miami Page 93 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: (Comments made in Spanish). Translate it. Commissioner, you speak better Spanish than I do. All right. I guess not. They're not going to be speaking. Mr. Riley: Mr. Chairman, I was called before, andl was out of the building. Commissioner Sarnoff. Then you lose your turn. Chair Sanchez: Hey, you lose your turn. Mr. Riley: I'm back. Chair Sanchez: All right, go ahead. Mr. Riley: Terry Riley, 168 Northeast 43rd Street, Design District. I'd like to speak in favor of the resolution, the zoning 20 -- Miami 21. My biggest concern about the City ofMiami has a kind of reflection in another city, the city of Houston. In Houston, the citizens drive 72 million miles a year going to work and back home, 72 million miles a year. What that means for our environment, cost of infrastructure, quality of life, is incalculatable [sic]. The fact that -- people have pointed out, well, Houston has no zoning. The fact that our city, in many parts, looks like Houston when, in fact, we have a code, would suggest that our code is not very effective, if it resem -- when our city resembles a city without a code. People driving in certain parts of the City that have been developed in the past 30 years typically see elderly people trying to run across six lanes of traffic, working people trudging down streets, marooned between an inadequate public transportation system and the places where they work; residential areas totally empty during the day, and they wonder why do people design cities like this. The fact is because it's required. It's the law. And this really has to change ifMiami is going to be a great city in the 21 st century. That said, I am concerned about what some of my fellow architects said about the potential code dampening creativity. I personally take a bit of pause there. I do know there's a lot of cities that have very stringent height and setback regulations. New York City is one of them. There's extremely creative architecture. But I also believe in the law of unintended consequences, andl do hope that the Commission might consider that, at an appropriate time, three years into this experiment, a panel of architects be assembled to assess whether or not there is any effect -- any real effect on the creativity involved andl volunteer to be part of that panel at this time. That said, this new code has the best recommendation in that it may save us from our existing one, which is not contributing to a livable city. Chair Sanchez: Thank you. Mr. Riley: Thank you. Chair Sanchez: All right. Neisen. Then we'll go to Noreen, Lucia, Mitch -- get you out of here - - and Charles. Okay. Neisen Kasdin: Mr. Chair, members of the Commission, Neisen Kasdin, 1 Southeast 3rdAvenue. I'm also vice chairman of the board of the Downtown Development Authority. You've heard from Alyce, our director, earlier on the DDA's position. But I'd like to share with you a perspective in that I had been on the same side of the table as you are today dealing with a massive rewrite of the City's zoning code. We went through this in the City ofMiami Beach, and I will tell you first of all, it was one of the most difficult experiences to go through because, for the developers, you're always doing too much, and for the citizen/neighborhood groups, you were never doing enough. And so to navigate through that, to change a zoning code that was a bad code that allowed too much development in inappropriate places to get it to a better place was a very difficult experience, and you're going through that now and experiencing that in the comments you're getting from this audience here. The only thingl would tell you is that the City ofMiami Page 94 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 approach that the City is taking is one of the most impressive I have ever seen any major city take in this country. This is -- not only this is comprehensive, this is thoughtful; it is analytical. It is based on good principles. Unlike some of my fellow respected zoning lawyers who have stood up here criticizing this, this is not some ad hoc, you know, sort of crazy neighborhood group -driven zoning change that's being imposed on developers. This is the most thought-out, the most logical, the most consistent order for a new zoning that I think any major American city is bringing forward in recent years. Is it perfect? Of course it's not perfect, but the fundamental question that you'll also have to answer is those who are speaking against it -- particularly, neighborhood groups that are not satisfied -- ask the question, is this better than 11000 or is 11000 better? And no person can honestly look you in the face and say, oh, 11000 is better. Sure, this may not reduce the height to what people want, but what this is doing that 11000 doesn't do and is etching in stone is it is creating transitions. It is cladding buildings and habitable space. It is hiding parking garages and making the pedestrian zone better. That does not happen or cannot happen routinely under 11000. So you're getting a better code, and they're doing it -- and they probably would do more, but this is a very strong property rights state, and there is a limit to what the City can do in terms of reducing zoning in neighborhoods where, in the past, too much has been let -- done. So I think you're to be commended for bringing forward this. It's real leadership; it's real vision. The only other thing would state is you have to also look at this with even a longer historical perspective. You know, some people are saying, well, Miami's already a developed city. It's too late. It's done. Well, Chicago, in 1909, was a city of two million people when the Burnham plan was adopted. And so much of the development in Chicago, particularly, it's public waterfront areas, took place after that. That's what made Chicago the great city it is today, what happened in the last 100 years, not what happened in the 100 years before that. So if you're sitting here today saying, you know what? That's it. Miami's done. We're not going to ever be anything greater than we are today, and we're not going to see new development, and we're not going to see new jobs; we're not going to see new industry, okay, then maybe it's not worth the effort of rewriting this to make this a modern, contemporary zoning code with the best urban planning principles around in this country today. But if you believe that the best years ofMiami are still ahead, then it is incumbent upon you to adopt this Code to provide for the best growth for future years. Thank you. Chair Sanchez: All right. Adam -- go ahead first. You're going to need to set some things up? Okay. Adam Schachner: I'll be very brief. Chair Sanchez: Yes. Mr. Schachner: Adam Schachner, 1188 Southwest 22nd Terrace, District 3. On behalf first of all, of all of the residents and public residents of the community that have been since 2 o'clock, I'd like to recommend that the Commission maybe look into a louder buzzer or perhaps a gong. They're very dramatic. If you need somebody to chip in, I'm happy to help. As you can tell by the helmet, I'm a bicycle advocate. I am car free. I live in Miami, and I'm one of the few people who can actually use the Metrorail just to go in the two directions it goes in predominantly and can survive with just my bicycle. So I'm always thrilled to see when the community and when the City takes advocacy into account. Miami 21 seems to support new accommodations for bicyclists and ways in which we can encourage people to get out of their cars, get onto their bicycles and get to work that way. It's far better for cost of living. It's far better for quality of life. I highly recommend Miami 21, especially for looking into that. So thank you for your time. Have a good day. Chair Sanchez: Thank you. Okay. Followed by Noreen Timoney. Lucia Dougherty: Good evening, Mr. Chairman, members of the Commission. Lucia City ofMiami Page 95 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Dougherty, with offices at 1221 Brickell Avenue, here today with Iris Escarra. I have a -- I want to deal with a specific piece of property in Commissioner Sarnoffs district, which is why I'm over on this side, as well as have a few observations about Miami 21. The --I'm here this afternoon respresenting Cymex (phonetic) Concrete Batch Plant, which is located at 17th and Miami Avenue. With me this evening is J. C. Carrillo (phonetic), as well as Diego Castro, from Cymex (phonetic). And the location of the property is right here, Commissioner. I'm kind of focusing on you because this is your district. It's located here. It is currently zoned DI or recommended for a DI designation. We would like a D-2 designation, which is the same as the Tarmex one, which is literally abutting us. Back in 1953, when we first established here, it was zoned industrial. Then in -- when 11000 came in, it was zoned C-2, which is a light industrial, but it didn't matter to us because it wasn't nonconforming. Now, if you make this a D1, we will be a nonconforming concrete batch plant in the City ofMiami without the ability to make any kind of improvements. Now I looked very carefully at your nonconforming use provisions, and there's all kinds of nonconforming use provisions dealing with 50 percent, destruction of nonconforming uses, destruction of nonconforming structures, moving nonconforming uses within the structures, but it doesn't really cover the situation where we have a very small structure, but we're using pretty much the entire lot for what will be a nonconforming use. Meaning, we will not be able to make any further improvements to the facility. Now just in the last year and a half, we've actually improved the facility in the tune of $1, 493, 000. So we've done all kinds of new things to improve the lot, including a new retention pond for environmental purposes. We actually cleaned out the City's sewer lines throughout the entire area, all the way to Omni. We did it ourselves. These are the kinds of things that I think we've been a good neighbor. We've been a good citizen. We'd like you to not make this facility not -- nonconforming. So that's with respect to that particular issue. I did speak to the Planning Department. They said they have no objection to making this change, but would have to make the presentation before the City Commission. With respect to Miami 21, you know, you have very -- somebody called the staff and the Miami 21 -- Elizabeth Plater-Zyberk and her staff virtuosos, andl can't disagree; they are. Andl believe that they're very smart people on the other side of this issue. I am not smart enough to know which one is correct. So here's what would propose. Unlike my other colleagues, I thinkyou ought to pass it tonight, butl thinkyou ought to pass it as an overlay or an alternative code that can go in tandem with 11000 for the next year, year and half, two years, until you determine which one you like, or you tweak Miami 21 to be the perfect code that you want to be. Or you -- you're able to evaluate Miami 21 and see the differences between your 11000 and your Miami 21. Now somebody may say, well, you know what, it's going to be very difficult to manage two codes. Well, you were proposing to manage two codes when you were going to adopt it in the eastern quadrant by itself. So you already have the current code -- but if you don't do this and let's say you want to make it implemented a year from now or six months from now or whatever, it's not going to force anybody to evaluate it because I know the developers. I know the land use attorneys. We're not going to look at it until the 18 months is up or the 6 months is up. That's when we'll start looking at it, and then we'll start fighting again. So my proposal would be to pass it tonight, to pass Miami 21, and then make it an alternative for a period of time until you can evaluate it and tweak it. Commissioner Sarnoff Are you aware of any legal impediment that would prevent us from having this code run in tandem with 11000 for a period of three years and sunset 11000 in three years? Ms. Dougherty: I -- the only legal impediment you have right now is it's not in your comp plan, so you'd have to amend your comp plan to allow that. So we would have to work on it, and you'd have to amend your comp plan, so I don't think you could probably adopt your comp plan today as written, the proposed amendment. But that's something we could work on. In the meantime, what do you think about the proposal for the Cymex (phonetic) plant? Chair Sanchez: Thank you. All right, next speaker. City ofMiami Page 96 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Commissioner Sarnoff. I had a pool supply store going there. Vice Chair Spence -Jones: Mr. Chairman, could l just get a response back from staff on that regarding the -- not the first item. I'm assuming you support the first item -- the plan running hand -- both plans running hand -in -hand. Ms. Gelabert-Sanchez: I think the issue we discussed -- the issue that comes is the FLUM, the future land use map. It is my understanding that the state of Florida does not have such a thing, a property or in any municipality where two FLUMs can coexist. I certainly -- if it's the wish of this Commission, we can officially ask, but we have reached out to DCA and that's -- you know, we've asked does this exist. Not the zoning. The zoning is not the issue. It's the FLUM, the future land use map. Vice Chair Spence -Jones: Okay. But that's something that you can look into before the next hearing? Ms. Gelabert-Sanchez: Yes. We can officially make the question -- but want to make sure -- we did raise the issue to DCA informally, but we can do it officially and see if there's any way that they would allow us to do that. It's the FLUM. Chair Sanchez: Just for point of clarification here, let me see ifI get what you stated. You said approve it in principle? Ms. Dougherty: No. Approve it as a code and a comp plan, you know, not in principle, but make it an alternate for a period of time until you can -- Vice Chair Spence -Jones: Tweak it. Ms. Dougherty: -- evaluate it and tweak it. Chair Sanchez: So as a what? As an overlay? Ms. Dougherty: It could be alternate -- Ms. Gelabert-Sanchez: I don't -- Ms. Dougherty: -- or an overlay. It's -- those are really semantics. You'd have -- the way to do it is to put it in the code. Chair Sanchez: The proper question was asked by the Commissioner. Can that be done legally? I think that needs -- that's the first hurdle we have to jump -- Ms. Gelabert-Sanchez: And what we said -- Chair Sanchez: -- if that's the avenue we want to take. Ms. Gelabert-Sanchez: If that is the recommendation, we would go -- we would approach DCA and ask the question can we do it. What we understand today, after asking informally to DCA, is that in the state of Florida, they do not have two FLUMs, two land -use maps that can coexist. They do have overlays. I believe the two places I'm aware of is Sarasota and St. -- Chair Sanchez: All right. Ms. Gelabert-Sanchez: -- Lucie. But their overlays are -- just a clarification -- is of a use that is allowed in their land -use map. The question that we would be presenting to them is there may be City of Miami Page 97 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 a small percentage, but there is a percentage of properties who are either presently industrial going to commercial where their FLUM would change or vice versa. I would like to say what we probably could do is I would like to check with DCA and come back to you and inform you if, in fact, they would consider that option. We would be able to show them the percentage of properties we would have a conflict and be able to discuss it with them. Chair Sanchez: So it would be approved as an option. Commissioner Sarnoff. No. Ms. Gelabert-Sanchez: It would be -- Commissioner Sarnoff. As a twin statute. Chair Sanchez: As a twin statute, as an option. In other words -- Commissioner Sarnoff. Yeah, you're right. Chair Sanchez: -- you could decide to take 1100 [sic] or you could take Miami 21; keep it open for two years; revisit it back, see if it works. If it works, you keep it; if it doesn't work, you get rid of it. Is that what you're saying? Ms. Dougherty: That's what I'm saying, or tweak it. Chair Sanchez: Yeah. It's going to need tweaking. All right. Commissioner Regalado: And Mr. Chairman, ifI may. Butl asked the same question to the City Attorney, and they told me that that could not be done. Ms. Bru: I don't know which City Attorney you asked, Commissioner Regalado. Commissioner Regalado: You -- I think it was you and Maria and -- Ms. Bru: Okay. We have discussed this before, andl think the issue is not so much can it be done. The issue is it will have to be consistent with the Comprehensive Plan. So to the extent that there may be land -use designations that would have to be then adjusted so that both plans, Miami 21 and our existing code could coexist with the comp plan, they would have to be worked on by the Planning Department. But can it happen? Yes, so long as the comp plan is consistent. Now Ana is proposing to ask DCA if they would consider having two comp plans, but that, you know -- two FLUMs, but that's something that -- Ms. Gelabert-Sanchez: I think -- let me make sure I'm clear. The question was raised about the coexistence of two codes. The problem, as we understand it, is that there's only one FLUM that we can have, not two. We checked with DCA and DCA says we've never done that before; we've only had one, not with properties, not with any municipality. The only thing they could refer was an overlay, an overlay that -- it was about density on a use that was allowed. Whatl -- so that's the answer we received from them. Again, it's their -- that was conversations we had with the attorney at DCA, with the planners at DCA. So that's the response we got. Now do we go back? Would we be agreeing -- I hear the interest of the Commissioners. Do we go back to DCA and say, okay, formally, is there a way that we can find a solution so this can happen? And we're -- and what I'm saying is I would be willing to -- obviously, I would go and do it. But my understanding is there's only one FLUM. That's the answer that have been given, that it doesn't exist. They haven't said yes, no. They have said it doesn't -- Chair Sanchez: All right. City of Miami Page 98 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Ms. Gelabert-Sanchez: -- exist in the state of Florida. Chair Sanchez: Well, that's an option that's on the table. Let's continue to hear the public, and then we'll decide. All right. Noreen Timoney: Good evening, Mr. Mayor, Chair, Commissioners, staff, and residents. Noreen Timoney, president, Miami Women's Club, 1737 North Bayshore Drive, Miami 33132. The Miami Women's Club has long been involved in the planning of the City. Actually, we're only four years younger than the City ofMiami. So we welcome a comprehensive plan to improve the growth of our community in a respectable, intelligent, and yet, creative way. Miami 21 goes well beyond what many of the urban development gurus, such as Rich Florida and others have stated about growing a community, truly making it a destination location. For that, we applaud your efforts. Yes. I think this plan is not perfect, as has been pointed out all afternoon and now all evening, so I won't go into it. But I think that most plans are not perfect because human beings are not perfect. And know you will work hard to make sure that Miami 21 works to the best efforts of all concerned. So I thank you andl thank you for including historic preservation in that, for the streetscapes that are planned, and for making our community walkable, livable, and sustainable. Thank you, again. Mr. Bohl: Thank you, Commissioners. My name is Charles Bohl. I'm the director of the Real Estate Development and Urbanism program at the University ofMiami, and my friends tell me I'm an expert in livable communities, and I'm -- at planning and real estate. My credentials are briefly noted in the statement that's been e-mailed to you, as well as I'll leave here as a part of the record. I'm not representing any particular group or organization. I'm here to speak to the broader civic interests at stake in the adoption ofMiami 21. Neisen Kasdin alluded to the experience of Chicago. And exactly 100 years ago, this emerging city was facing similar challenges. It was attracting immigrants from all over the world, but it was also suffering from rampant, unplanned development. In response, city officials, business leaders and citizens came together and adopted the 1909 plan of Chicago, a famous plan that the city celebrates this year. The City ofMiami has the potential to become a great urban city of the twenty-first century now and take its place alongside New York, London, Chicago, and Paris. The failure of the existing codes and regulations that were cobbled together over many decades and never conceived in a comprehensive manner to guide the City's development have resulted in a fragmented and often hostile environment, and we've heard the litany of shortcomings today and other times. Critics suggest that the status quo is acceptable or that existing regulations could be tweaked to produce a different, slightly better result. But the experiment's already been run, and the results are all around us with disappointing outcomes. As a veteran of these types of processes and watching this process go forward I can tell you you've gone above and beyond in carrying out a very extensive public process, in fact, one more involved than I've ever seen before. And you've taken a lot of time and effort to open up the code to all quarters, all critics, and try to resolve conflicts. There are special interests, there are individual interests, and there are many client interests being represented here today. You have to act on the collective civic interest of the City. I urge you to reject the special interests and vote in favor of the collective civic interests of the City and approve Miami 21. This opportunity will not come again in our lifetimes. I think we all know that. I urge you to act in favor of the proposal. Thank you. Commissioner Sarnoff Mr. Bohl, what was the year of the great Chicago fire? Mr. Bohl: Of the great Chicago fire -- I'm not a historian, so -- Commissioner Sarnoff I'm just curious if it happened before or after the rebuilding. Mr. Bohl: It was before. City ofMiami Page 99 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Commissioner Sarnoff. 1871 ? That's when Betsy knocked over the -- okay. Mr. Bohl: Thank you. Commissioner Sarnoff. (UNINTET,TIGIBT,F). There you go. Vice Chair Spence -Jones: Okay. The next person I have up is Mitch Feldman, but ifI can -- just by a show of hands so I can have a sense of where the room is, how many people in opposition of Miami 21? Can you just show your hands so I can get a sense? Okay. That has not already gone already? Okay. The ones that have not gone already. Can I get you guys to just stand here for me? The people that are in opposition, can you please stand right -- just behind --? Yeah, thank you. So that we'll have a sense of who we have in the room. So we only have three more -- four -- okay. And how many in support of Miami 21? Can I have you guys line -- in this line, please? On this side. I just want to get things moving. Thank you very much. Okay. Mitch, right? Mitchell Feldman: Thank you. Good evening. My name is Mitch Feldman. I'm an attorney, but I'm president of FBS Property Tax Abatement. I have been assisting property owners, residential, retail, industrial in helping them correct their property tax assessments and reduce their property assessments for 20 years. I've represented billions of dollars of property throughout Dade County and in the City ofMiami. And I've attended thousands and thousands of hearings on their behalf. I wanted to speak to you solely about value and about the potential impact ofMiami 21 on real estate value and how it could possibly further diminish your tax base. As you all know, our property appraiser, Pedro Garcia, has printed a report in July that indicates clearly that -- andl have the notes -- City ofMiami had a 15.7 decrease in value on existing property, and the DDA district had a 17.9 percent decrease in value on existing property. But for new construction, that would have been the tax base you were working for -- working with in your budget. But because of new construction that came online for '09, you have had less of an impact. You have a negative 6.4 percent in Miami and a positive of 9.5 in the DDA. What's concerning is that we're now in August, and we see the trends from '09 to 2010, and it's pretty indicative that you will again face a severe decrease in tax base; potentially, again, another 15 percent, but the bad news is you will not have the new construction to come online to help alleviate that. With the impact ofMiami 21 -- and you've heard from developers and other architects and attorneys who have talked about specific properties -- whether they're grandfathered in or not, it's not my issue, but clearly, there is impact on value when property cannot be built at the same height or the same square feet, or there's higher impact fees or higher expenses associated with those properties which will reduce new construction or reduce property values, and again, further compounds the budgetary problems that we're facing. Vice Chair Spence -Jones: In conclusion. Mr. Feldman: In conclusion, I highly recommend that you consider that, think about it, and be concerned about what that will do to your property base. Vice Chair Spence -Jones: All right, thank you. And ifI can ask the City -- CFO (Chief Financial Officer), can you respond to that? Larry Spring: Larry Spring, chief financial officer. Commissioners, we have checked this issue out with the County Appraiser's Office. They have indicated that this zoning will not have that impact as he -- has been stated. Mr. Feldman: Just -- I can highlight that. In attending value hearings, this would be -- just as a professional, this would be the first argument thatl would present on a land case in any of these locations for 2010. City ofMiami Page 100 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Vice Chair Spence -Jones: All right. I'm going to ask for you to also get along -- get with staff on this issue just to further break down why you feel that this is definitely a concern. I would like Commissioner Regalado: Madam -- Vice Chair Spence -Jones: -- to -- one second -- I would just like to make sure that we do that, okay? But thank you for bringing your point up. Yes, Mr. Mayor. You're recognized. Mayor Diaz: Madam Vice Chair, I was just wondering if he was an appraiser and if he's looked at individual properties to reach this conclusion? Mr. Feldman: I'm an attorney. Mayor Diaz: Are you an appraiser? Mr. Feldman: I am not an appraiser. Mayor Diaz: Have you looked at individual properties to reach the conclusion you just made and presented to this Commission? Mr. Feldman: It's imposs -- Mayor Diaz: Have you made a study of individual properties to make the statement you just made to the Commission? Mr. Feldman: I have not personally made a study. Mayor Diaz: Okay, thank you. Mr. Feldman: However, it's impossible to determine a value until you actually value a property. Vice Chair Spence -Jones: Okay. Mayor Diaz: Exactly. Vice Chair Spence -Jones: Order on this dais. I'm the chairperson, okay. Mr. Mayor, I'm the Chair. Mayor Diaz: You're the Chair. Vice Chair Spence -Jones: You are recognized, Commissioner Regalado. Commissioner Regalado: Just wanted to say that maybe some of you that are visiting today don't know that also do radio programs, and have been doing a weekly radio program with Pedro Garcia, the property appraiser. And he's been dissecting all of the areas, homestead, 29 percent decrease, and we have gone through that. And what the gentleman just said is right. Next year, there is predicted -- whatever the Mayor said -- next year, according to the analysis that the property appraisal [sic], there is going to be a also downturn in property values, especially in the urban core. And this year, the City, of course, was safe, but the prediction that they have is that they will be double the appeals that in the last three or four years this coming appeal season. So I'm just telling you what the property appraiser said. I think it would be great to educate this Commission, to have a meeting with the property appraisal [sic] because it's all about the appraisal, so -- City of Miami Page 101 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Vice Chair Spence -Jones: And let me just add -- I'm sorry, Commissioner Sarnoff. Commissioner Sarnoff. No. I was going to say it almost makes you wonder why he'd want to be mayor. Commissioner Regalado: Well -- Vice Chair Spence -Jones: Commissioner -- Commissioner Sarnoff. I'm teasing. Vice Chair Spence -Jones: Regalado -- okay, Commissioner Regalado -- we're going to take Commissioner Regalado's recommendation, and if we can have staff definitely meet with the property appraiser's office, okay, have him give it to us in writing, we'd greatly appreciate that. That will be helpful for all of us so that we're all operating from the same information. We are moving this agenda along. Next person up, please. Lady in purple. Ms. Quintero: Thankyou. Good evening, everyone, Commissioners, Mayors [sic]. My name is Norma Quintero. I have my business in the City ofMiami, Social Affairs is my business, and it's located on 350 Northeast 60th Street, Miami, Florida 33137. I am the president of the Vizcayans, the nonprofit organization that supports Vizcaya Museum and Gardens. And as you all know, for the last two and a half years, the Vizcayans have fought the out -of -scale project that was approved by the old Code of 11000. We believe that there has to be a better way in our city in developing the City ofMiami. And we believe that Miami 21 is the answer. Miami 21, that is before you today, contains a provision that would protect historic properties such as Vizcaya Museum and Gardens for future out -of -scale development. I have -- it's very short -- brought here today an incredible book, French, so we can't -- I don't understand it, but it has beautiful chateaus and villas all over Europe, and there is only one in the United States, only one historic property, and that's Vizcaya Museum and Gardens. Here it is. This is a beautiful property, andl really do believe that we have to preserve the view shed. That's all. Thankyou. Chair Sanchez: Thank you. Next speaker. Vice Chair Spence -Jones: Wendy. Ms. Stephan: Good evening, Commission, Mayor. I'm here -- my name is Wendy Stephan. I'm at 101 Northeast 43rd Street. Tonight, I'm actually speaking on behalf of the Buena Vista East Historic Neighborhood Association. Our current president -- our whole board is on vacation and are otherwise engaged, so at short notice, they asked me to come. I'm actually one of the ones -- I'm on this side of the room, but I'm actually one of the people who strongly believes that we can tweak Miami 21 and get some of the benefits we've been talking about. I have a master's degree in public health, so I feel for those arguments because those are in my heart. But I also see that there are some big problems still and my fear is that it'll go forward and the bad things will survive and the good things will pass by the wayside, as sometimes happens. So I'm here to represent the board's position for our neighborhood. But these two tweaks that we're asking for actually would improve the situation for many, many neighborhoods in similar situations. So the very first -- I want to thank this Commission, each one of you because you have responded to so many neighborhood concerns, and this project is so much better than when it came out. We have made huge, huge strides -- andl want to thank you for that -- particularly, as affect the notice provisions. When this first came out, the notice provisions were shocking, shocking. It was like, oh, you don't like this, go to circuit court, literally. It was as if the City wanted to wash its hands of all appeal rights. And so we have just made huge strides, andl want to thank you for that. Our neighborhood has had some real bad experiences, and so I'm real glad to see that's been changed. We do support Barbara Bisno's request to make sure that whoever gets notified of the applications gets noted of the decisions so there's not a mismatch. The second point I'd like to City ofMiami Page 102 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 make is that houses should not be right next to 53-foot-tall buildings. When we did our mapping years ago, we sat down and worked hard on that mapping. What we found -- we were told that T4 was three stories, so we did all our mapping based on three stories. Two years later, the Code came out, and our three-story T4 allows for 53 feet -- goes back to this definition of stories. So they still say it's still three stories. People don't understand that. They do not want to wake up. Now, of course, you know, we're in the bust now, so people aren't going to do this, but you may all be sitting still on that same seats when the boom comes back and people say this is neighborhood preservation, 53 feet in the T4 transect that's supposed to sit next to T3? So this is something you could fix. You know, 14-foot stories, I disagree with, but you know, if you take out that 25-story first floor where it abuts T3, you're looking at a much more manageable T4 that people, I think, will feel that's transitional. Fifty-three feet next to a single-family home does not feel transitional. So we won't have to worry about it this year, but as soon as things -- you know, the party comes back to Miami, those buildings are going to get built and people are going to come to you and be upset. So I'd love to see that tweaked, and that was my request. Thank you so much. Vice Chair Spence -Jones: Thank you, Wendy. And just -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- to -- I just want to also make sure on -- I know that there's one particular street in the Buena Vista East area that we needed -- Ms. Stephan: Yes. Vice Chair Spence -Jones: -- to make sure was tweaked, andl think that they've already done it. Ms. Stephan: Good, because we -- Vice Chair Spence -Jones: Okay. Ms. Stephan: -- ended up creating a U-shaped -- Vice Chair Spence -Jones: I know. Ms. Stephan: -- 53-foot wall around our neighborhood inadvertently because that language wasn't on the table at that time. Vice Chair Spence -Jones: But they -- I think they've already made the adjustment, so -- Ms. Stephan: Wonderful. We really appreciate your support. Vice Chair Spence -Jones: No problem. Next. Ms. Lewis: Good evening, Mayor, Commissioners. My name is Lynn Lewis. I reside at 1632 South Bayshore Court. I work in the Brickell Avenue area. I'm a resident, andl have served as pro bono counsel to the Vizcayans. I support the Miami 21 ordinance, andl request that this Commission adopt a staff recommendation to be included into Miami 21 which creates view shed protection for Vizcaya Museum and Gardens. Vizcaya, it should be noted, is one of the City's two national historic landmarks. You've heard from our president, Ms. Quintero, the history that brought us to feel that Vizcaya Museum and Gardens needs view shed protection. We were ultimately protected against a development by the courts and the state cabinet. That cost the Vizcayans and the City ofMiami a great deal of money to get that legal protection. It also involved 18 months of uncertainty. If you are so disposed to put view shed protection for Vizcaya Museum and Gardens into Miami 21, you will protect the view of and from Vizcaya by City ofMiami Page 103 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 establishing graduated heights in the neighborhood to the south of the Vizcaya Museum and Gardens southerly facade. Essentially, this is a device that has been recognized for use in good planning and other municipalities, and the further one is from Vizcaya, the greater height. We've worked with your staff. They've been very cooperative, and I'd be very grateful if you would include that in Miami 21. Chair Sanchez: Thank you. Ms. Lewis: Thankyou. Vice Chair Spence -Jones: Thankyou. Kricket. Ms. Snow: Good evening, everyone. My name is Kricket Snow. I'm president-elect of AIA Miami. We -- our offices are at 275 University Boulevard, in Coral Gables. And because I'm representing the organization, I would like to request the full five minutes, although I don't think I'll actually need five minutes. AIA Miami is an organization of approximately 600 architects in Miami. I'm proud to say that we have a reputation of being individualists. We don't all always agree, as you've heard. However, what can tell you is we were board -elected by our members, and our board voted over a year ago, without a single dissenting vote, to pass our resolution in opposition to Miami 21, and our position still stands today. For the first time today, we are hearing a lot of support for Miami 21. We are hearing repeated our original hopes for Miami 21; that we'll get a code that is easy to understand; one that promotes a world -class city, and one that is predictable. We all want those things, so we all agree that the goals ofMiami 21 are worthy goals. As professionals, however, in this industry, we've been able to study this Code thoroughly and have come to the conclusion that in application, Miami 21 does not achieve these results. Regarding to the claim that this code is easy to understand, it becomes clear when applying this code to a project -- which we have done -- this code is not necessarily easier to use or understand, andl think you've heard that already today. But furthermore, it uses a new language not known within the industry, which makes it a little bit more difficult not only for the laymen to understand, but also for the professionals. Secondly, the -- regarding the claim that the code will create a world -class city, I have concern over. This code dictates form, orientation, placement and height. Not only does it -- does this not support the creation of a world -class city, it does not, in fact, support sustainable architecture. The most basic rule of environmentally -responsible architecture is proper orientation with regard to the climate, not a zoning code. Finally, regarding the issue of predictability, this code is far from predictable, and we use the issue of height to make this point. In all of the districts, there is a height restriction -- well, in most of the -- all but one. There's a height restriction. And that height restriction can vary within its own district as much as 100 percent. So, for example, in one district, an eight -story maximum can actually go to twelve, if you're willing to pay for it. In a district where it's capped at 12, your height can actually go to 20 stories, if you're willing to pay for it; 24 can go to 48; that's 100 percent, by the way; and 36 can go to 60. So whether you support taller buildings or not, it doesn't matter. The question here is what is the appropriate height in this case? If 24 is the right answer, then why is 48 even entertained or allowed with a payment? And if 48 is appropriate, why does the property owner have to buy to create a taller, more sustainable -- have to pay to create a taller, more slender building? This leaves the height of buildings up to the depth of the developer's pockets, not tested design principles. In closing, I'd like to refer to the Herald article yesterday, which highlights the success of Biscayne Boulevard and the Midtown areas. Those areas did not need Miami 21 to do the right thing. Urban design and architectural design should not be dictated by code. Instead, what we desperately need, as Ms. Parks noted earlier, is a plan. And don't mean a land -use plan. I mean a true master plan, a true master plan that represents a unified vision for our city. An inclusionary planning process is a necessity prior to writing code. Once we have a plan, then we can put the regulations in place. Thankyou very much. Alfredo Mesa: Madam Chair, Commissioners, Mr. Mayor, Alfredo Mesa, with address at 2151 City ofMiami Page 104 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 LeJeune Road. I appreciate the opportunity to speak before you today. I've come before you in the past in a variety of capacities. My many years of service in the public sector, in the private sector, but more importantly, my many years of service in the nonprofit world. The common thread in each of those roles that I've had and I've worked with many of you on in many important initiatives in this community, that common thread is the ability to move this community forward, to have a vision, to have a plan that really focuses on the future and brings together the best and the brightest to map out what our future as a community needs. In the interest of time, I'm not going to repeat a lot of the issues that have been stated here on the record in support of Miami 21, but I do want to follow up on a point made by Mayor Kasdin on how thoughtful, how inclusive this process has been; the focus on having everyone at the table, stakeholders, academics, everyone who can provide input. The opportunity has been there. If there's one thing this city has proven is that if you want to be involved and want to contribute to shaping the future, you can. There is an opportunity to do that by being at the table, and this process has proven that. And one thing that has been lost today are the public benefits ofMiami 21, the incentives imbedded in Miami 21 for public areas, for green space, for open areas. That's something that cannot be lost. So I applaud everyone who has been involved for stepping up, for being at the table, and for committing to the future residents of this City to have a plan that makes sense and that continues to bring economic development to our city. Thank you. Bernard Zyscovich: Hello. My name's Bernard Zyscovich. I live in the City ofMiami, in Coconut Grove. My office is here at 100 North Biscayne Boulevard. I would like to point out several things. One, we've been at this for four years. The second is that today, as I've listened all day long, there have been many people who have come up in -- proponents ofMiami 21 who have actually already carved themselves out ofMiami 21. You know who they are because you gave them their MUSPs. You gave them their ordinances, and they no longer have anything at stake because they are basically free. I think that that indicates to you that if someone already has their entitlement in place, they don't really care one way or the other, and it's very easy to stand here and propose it. You've already heard from me and the AIA that there are many issues regarding the built form. In most cities, when the college of architect stands up and gives you an alert, in many cities throughout the world, that is a very serious issue. I hope you take that into consideration. But have one thing that think no one else has spoken about, which is the fact that if you are actually considering of having two codes running simultaneously -- I know you all know that we're in a recession. We're all looking for jobs. Everybody is hurting. I cannot imagine a scenario where something would sunset in three years and a developer would be able to get his land, do his plans, get their permits and get a bank to lend him money on a land use and a zoning that will no longer be valid. That is an absolutely chaotic set of circumstances that I can actually not imagine. How would somebody be able to go in with one of the most important issues being are you in compliance with the zoning and be able to say with a straight face, well, I am today, but in three years, I might not be able to. Commissioner Sarnoff.. I couldn't disagree with you more, to be quite frank with you. If you're telling me that a person who is able to -- let's say there was a twin code -- and in 30 months, procure a MUSP under 11000, who then can keep that MUSP alive for the next six years, that is a very valuable right. I don't understand what you're saying at all. Mr. Zyscovich: No. What I'm saying is, when you are approaching that deadline and you -- I mean, you're assuming that you get it done tomorrow. I'm saying in three years. Let's say -- Commissioner Sarnoff.. I said 30 months. I mean, that's why -- Mr. Zyscovich: I'm -- let's -- Commissioner, let's say 30 months. What I'm saying is, I don't have people knocking down my door to do projects. I doubt that any architect in town does. We're about to continue to have a very, very slow period, and the threat of having one code sunset when you don't even have the opportunity to revive the economics of the city is, in actuality, I think, saying that there is actually no chance that development will happen in the City because City ofMiami Page 105 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 how do you go to a bank with codes and with all of the things that you have to prove today and say, well, I choose this code, but it might not be correct. I choose that code, but that might not be it. You're thinking about having two different land uses. I don't understand how, in fact, that makes any sense. Thank you. Jose Viana: Good evening, everyone. My name is Jose Viana. I am the owner and president of Adsum Group, located at 169 East Flagler Street in downtown Miami, and we are the development and construction consultants of a project called Mary Brickell Village in the heart of the financial district of Brickell. And I'm here speaking for myself as an individual, tonight and I'm in support -- I'm supporting Miami 21, andl would like to share with you a couple of experiences that I've had in this city in the last 20 years with an analogy that I would like to share with you. Twenty -some years ago, I had the opportunity to be part of the development team of a project called Cocowalk in Coconut Grove. It was a very controversial project back then. There was a lot of skepticism and criticism about the project. Before Miami 21 or before anyone would speak about the urbanism principles that are proposed in Miami 21, these project was conceived with these principles and it was really implemented like that. The same situation I saw happening with Mary Brickell Village; again, a very controversial project. You know, at the beginning, during the time of obtaining permits and all that. One of the things thatl was analyzing as an -- I'm an engineer. I have a few licenses in the state of Florida. One of them is a professional engineer license, andl have the tendency to analyze things very objectively and very analytically. And the benefits of a zoning ordinance like Miami 21 have been explained very eloquently here in these sessions that we've had for the last four years. And the perceived negative impact of the zoning ordinance has to do exclusively with the economic impacts on property, to the value of the property. It is the perception that the value is going to be reduced. And the analogy that I would like to make is the following. When Cocowalk was developed, when the permits were obtained, none of the zoning parameters in the Code were maximized in Cocowalk in terms of -- when you analyze the (UNINTELLIGIBLE), the square footage, the floor -to -area ratio, the setbacks, the green areas, all that -- all those parameters; parking, all that. And -- but the application of these Miami 21 principles, which basically were around the idea of creating a pedestrian environment in the property and around the property resulted, after the years, in an added value of the property itself and the adjacent properties that in a mathematical way you want to compare them with the added value that we could have obtained with the additional square footage. I can tell you that the additional value created by the concept, by the pedestrian life, is much more than the added value of the square footage that we could have gotten if we had built a massive wall -- Chair Sanchez: That is true. Mr. Viana: -- and maximized all the zoning parameters. The exact same thing saw happening in the development ofMary Brickell Village, and I've seen this concept being developed all over the nation, and I know that perception of the reduction of value of the property that, I would say, mistakenly tied to the reduction of the zoning parameters is incorrect. I personally have seen it work. And in so many years, I haven't seen such leadership to apply these zoning ordinance in the City ofMiami. Fortunately, we should feel fortunate that we have the leadership, someone took the step to do it, and not only one person. I mean, there's -- and this issue has -- Vice Chair Spence -Jones: In conclusion. Mr. Viana: In conclusion, well, I support it. I have proved facts of how the zoning parameters really add value to the property rather than to diminish the value, andl will be very careful about taking an appraisal approach because my experience with appraisals is they look at the present. They don't look at the future. They're going to see -- this is a property with so many square -- with the right of so many square feet today is value 'X " But if Miami 21 is approved, it's going to have less square feet. It's going to be value -- City ofMiami Page 106 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Vice Chair Spence -Jones: Thankyou. Mr. Viana: -- less than that, and that is going to be a wrong approach. Vice Chair Spence -Jones: Thankyou. Mr. Viana: We really need to see the whole context of this in a different way. Vice Chair Spence -Jones: Thank you. Now I realize that I'm chairing, but thank you. Mr. Viana: All right. Vice Chair Spence -Jones: Okay. Mr. Viana: Thank you. Eileen Bottari: Hello. My name is Eileen Bottari. I reside at 505 Northeast 76th Street, Miami, Florida. I live in the Palm Grove neighborhood, in the Upper Eastside. I'm here to address three issues in my neighborhood that for the past three years I, along with other representatives of my neighborhood, have been trying to get resolved with DPZ and the Planning Department. Number one, we have an area in our neighbor -- my neighborhood that's about 40 percent, starting at 58th Street going up to 63rd Street, that is mostly single-family homes and duplexes that has been proposed zoning of T4 and T5. We have requested that the zoning be changed to T3, and we've been basically ignored. The second item is along the west side of my neighborhood, along Northeast 4th Court, from 63rd Street to 77th Street, the very end of the block -- and l just want to say that my neighborhood is only two blocks wide. There's small apartment buildings, one-story tall, and the zoning is T4 L. We have requested that the zoning be changed to T4 R. T4 L allows commercial offices, so this is an encroachment into our residential neighborhood. And once again, we have been ignored. The third item is the main arteries that run through my neighborhood, which is Biscayne Boulevard and 79th Street. Biscayne Boulevard, in front of -- along our neighborhood, the zoning proposals are T5 and T6. That commercial property abuts directly to our residential properties. There's no street. There's no break. So you're talking about a single-family home that's going to be abut to T6. What I'm asking is that these issues be addressed by Planning before this is passed and that they be corrected. Commissioner Sarnoff, we've worked with you. You have my map, and we spent hours reviewing the map, so you understand exactly what we're asking for. And did speak personally with Elizabeth at the Miami Neighborhoods United meeting and discussed these issues with her, and she said she was going to review them, and she's never gotten back to us. Thank you. Vice Chair Spence -Jones: If we can, staff if -- where's staff? Where's Ana? Liz, do you want to --? I don't know where Ana -- I don't know if we lost her for a minute. Basically, all we want to know is that you're going to definitely have a conversation or take these -- Ms. Plater-Zyberk: Yes. Vice Chair Spence -Jones: -- recommendations that are being made -- Ms. Plater-Zyberk: We have re -- Vice Chair Spence -Jones: -- I mean, they're saying that they have had this conversation with you guys regarding this. Ms. Plater-Zyberk: Yeah. We have reviewed them quite thoroughly, andl think -- and it's true that didn't go back to the group in the way that I had that first meeting, so I probably should City of Miami Page 107 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 have to say that -- how our discussions went. Vice Chair Spence -Jones: Okay. So you will be addressing their issues and concerns before the next meeting? Okay. All right. Richard Heisenbottle: Thankyou, Madam Chairman [sic]. Good evening, Commissioners. My name is Rich Heisenbottle, FAIA Architect, with offices at 2199 Ponce De Leon Boulevard, in Coral Gables. Each ofyou knows me for the many products that have done over the years in the City ofMiami. They range from some of the City's tallest high-rises to the historic restoration work on this very Commission chamber. And today, I'm here to encourage you to press forward and approve Miami 21 on this first reading. As you know, we have fought many a zoning battle in this very room, and we have not always agreed, but one thing that we should be able to agree upon is that the current zoning code, as the City ofMi -- as the Miami Herald phrased it this morning, is a mishmash, an antiquated document by any standard. The current code does little service to the City ofMiami, its citizens, and its vision for the future. Commissioners, this is not an antique that can be fixed It simply needs to be replaced, and now you have the opportunity. Miami 21 has been well vented and adjusted repeatedly throughout the past four years of its development, and it continues tonight. As an architect, as a past president of the Miami chapter of the American Institute of Architects, I strongly disagree with my colleagues who say that it will create cookie -cutter, boxy designs. No, it certainly isn't perfect, and it will undoubtedly need to be adjusted and tweaked from time to time as experience proves necessary. It is, however, forward thinking, and over time, it will go a long way to improving the quality of life and the livability of the City ofMiami. It will create inviting street -level amenities. It will encourage plazas. It will create green space and it will emphasize density away from residential neighborhoods. Moreover, it will enhance and protect our historic structures and streamline the development process. Now is not the time to look in the rearview mirror and maintain the status quo. Now is the time for change and forward thinking. We need not be afraid of change because change from this existing code is clearly -- that is clearly broken. I urge you to not only support this this evening on first reading and approve it, but also to applaud staff and applaud your wonderful consultants who have done a tremendous job in taking on probably the most challenging task that will face any consultant in the City ofMiami, that is rewriting their zoning code. Thank you -- Vice Chair Spence -Jones: Thankyou. Mr. Heisenbottle: -- very much. Commissioner Regalado: Can I ask you a question? As a professional, do you think it's fair that -- or you would recommend too that office are allowed in the area where Ms. Bottari lives, which is a residential two -block area. Is that the right thing to do? Mr. Heisenbottle: That's -- I'm hearing over my shoulder -- and thank you very much because I don't know where the young lady lives. Commissioner Regalado: But you just heard -- Mr. Heisenbottle: I did list -- Commissioner Regalado: -- you heard what I heard. Mr. Heisenbottle: What is being said to me is that, in fact, this is a live/work situation, andl think you can find some great examples of where live/work offices -- when I first started out in Coconut Grove, I had my own little live/work office, and that was perfectly fine in that residential neighborhood -- City ofMiami Page 108 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Commissioner Regalado: So it -- Mr. Heisenbottle: -- because of the size and scale of the office area, Commissioner. Commissioner Regalado: -- as a professional, you're recommending that not only on that area, 63rd, but throughout the City ofMiami, we do live/work in any residential? Chair Sanchez: No. Some areas. Mr. Heisenbottle: I'm not saying that we do it in any residential area, but I believe that they have certainly vetted out the areas that it is appropriate to do it in, and it certainly does depend on the context of the given area. Commissioner Regalado: But who decides what is appropriate? Ms. Plater-Zyberk. Commissioner, we have -- we've taken a lot of neighborhood input on whether there would be an R or an L in the neighborhoods; whether it would be only residential or whether you would allow live/work with a work space on the ground floor. That seemed appropriate because of its location. We can reconsider that. But in terms of the whole city, it was a very careful looking at -- and working with the communities. So you'll find -- I believe, in your area, there are hardly any Ls because the neighbors were very particular about remaining Rs. Commissioner Regalado: Well, you work in our residential area. Your studio, it's on 25th, right? Ms. Plater-Zyberk: Yes. Commissioner Regalado: And it's surrounded by residential -- I mean, duplex and -- Ms. Plater-Zyberk: It's a noncom -- Commissioner Regalado: -- but no one else works there. They just live. You're the only one that works there. Ms. Plater-Zyberk: That's right. But there are -- well, you know -- and this is one of the introductions to the Code because this is a new way that people are working, so your current code really doesn't have this option and it's only really arisen in cities in terms of a regulatory type in the last couple of decades. Commissioner Regalado: No, I know. Ms. Plater-Zyberk: It has a lot to do with the workplace and the way jobs occur now that they didn't before. Commissioner Regalado: But you been nonconforming all this time? Ms. Plater-Zyberk: We had a zoning change following -- it is an -- Commissioner Regalado: So you use 11000 -- Ms. Plater-Zyberk: To change. Commissioner Regalado: -- to change -- City ofMiami Page 109 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Ms. Plater-Zyberk: But we went from industrial to business. Commissioner Regalado: Oh, okay. Ms. Plater-Zyberk: We made it better. Commissioner Regalado: Just -- Thank you. Chair Sanchez: All right. Next speaker. Hadley Williams: Hadley Williams, 2441 Trapp Avenue, in Miami. I am also representing the board of Coconut Grove Park Homeowners Association, and I'm the chairman of the committee ofMiami Neighborhoods United concerning Miami 21, with four years of effort. First, I'd like, for the record, to mention that we have concerns about the process of this item being brought, number one, in August; number two, with the new code or the latest changes available last Friday. I happened to have been working steadily through the weekend. And up until this afternoon, I have not had time to look at the latest revisions, andl now understand that the City is making recommendations which are not even included in what was published on Friday. We were promised, in this room and in other public meetings by the City Manager, that we would always have two weeks to review modifications to a new version of the Code. So I have to object that five days, when half of the people are out of town -- and those of us that are here may have to work -- is unacceptable. Then going on to the same issues that we've been talking about that have already been aired today, things like 1305. Thirteen -oh -five has been included in the new version, but it has been stripped down in many ways, as Barbara Bisno said. We're missing references to it in some areas. There are other parts that have also been taken out. Nonconforming is obviously still an issue. So there are a lot of the things that have been mentioned today that we still have problems with. We believe that if it's approved today, between now and the second reading, a lot of these things will not be addressed. We do agree with what Wendy Stephan said earlier, that the changes made so far have been major and we appreciate the work and the changes that have gone into it, but I don't think it's really ready for an approval of the first reading to go to a second reading. I also personally have had concerns from day one that there doesn't seem to be the political will to address what the neighborhood's concerns are. I think of the City ofMiami as an area of high -density downtown, medium density Coconut Grove and a couple of other areas. Most of the rest of the City is low-rise, low density. We came before you, when we were reviewing the Comprehensive Plan, recommending let's officially designate on the land -use map the high -density areas. Think of everything you've heard today. All the issues raised by the neighborhood associations and we're supposedly against the whole thing. We're not against the whole thing. Our issues could be solved if you looked at the avenues outside of high -density areas and say we are going to make the decision to not have higher density according to the Code as it exists today. There are many areas along the avenues that are low-rise today. We don't need higher density there. Thank you. Chair Sanchez: Thank you. Vice Chair Spence -Jones: Thank you, Hadley. Chair Sanchez: Yes, sir. Prem Lee Barbosa: Good evening, to the City ofMiami. My name is Prem Lee Barbosa. I'm a resident of North Miami. However, I speak to you having lived in Miami -Dade County most of my life and spending much of my time in the City of Miami. I'm a full-time student at Miami Dade College, a full-time customer ofMiami-Dade Transit for about ten years now. I will quickly address certain statements and concern brought to light at this Commission meeting, perhaps in representation of a perspective not well seen here today, the struggling student, the carless adult, and the future of the City. A look around this room and the people who have been City ofMiami Page 110 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 in this room portrays the fact that most people here drove a car. I took public transportation. That's why I'm wearing shorts. It was really hot outside. Many others, I imagine, including the architect, who says he recently stopped driving, did not walk here in the heat to get here. I -- he would have been sweating, sweat all over his back, everything. Anyways, regardless of whether the people here are against -- for or against Miami 21, many professionals here do not in any way represent a large portion of the voiceless denizens ofMiami. They do not represent citizens who have to wait 40 minutes in unattractive parts of town to catch the bus home at night. They do not represent those who often walk or bike distances on the side of streets in undesignated areas due to massively anti pedestrian status quo. One of the things that was said here is that it's not the best time to implement such a plan and there's uncertainty and this will prolong the process of recovery. Now is the time to seed the future -- like now is the time when businesses of the future like plant their seeds and the future of our culture. Such visionary modeling is important. The status quo will ensure us more of the same, and that's exactly what everyone can easily see is untenable and unwanted. Another was someone asked, what's the rush? This is not perfect yet; it's not ready. It's because it gets worse the longer we wait. Eleven thousand is certainly broken and regardless of indiscretions of the administration in the past, poor planning is certainly systematic of Ms. Lombard: Thank you for your patience. My name is Joanna Lombard. I'm a professor at the University ofMiami School of Architecture and the Miller School ofMedicine Department of Public Health. I would like to just give you three quick points; one is on health, one is on aesthetics, and one is on families. I've been a member of a team -- an interdisciplinary team. We've been studying East Little Havana for the last ten years. The short story is that mixed use and walkable blocks that have front stoops and porches have produced beneficial impacts on children and elders in East Little Havana. This is published work. It's -- there's much more all over the country, but I wanted you to know there's research right here in Miami that supports what this Code is trying to achieve. In terms of aesthetics, I had a number of calls from architects today asking me why the AIA had written to them because they're members and they were distressed with an e-mail asking them to come against Miami 21. Many distinguished architects have done beautiful skylines within urban frameworks. One thing -- and it isn't even modern; it's historic. One can think of (UNINTELLIGIBLE) in Barcelona. You can look at (UNINTELLIGIBLE) Piano in New York. So I want to offer you a solution if you're worried that the architects' creativity is a problem. We will have a workshop at the University ofMiami for free for all architects who would like to explore creative solutions to this Code. My third is a point about families. You already heard from my daughter that I take my children with me on my work. And on one of these travels, my son said to me, mommy -- we were down in East Little Havana -- why are there so many empty spaces? I'll be brief. There were no empty spaces, but what I realized he was talking about were parking lots, huge setbacks, and curb cuts. A child understands what is walkable and what is not, but it takes a masterful code and a commission's leadership to create a city where children and families can walk safely. I pray that that commission is you. Thank you. Chair Sanchez: Thank you. Okay. Gabriela Guimaraes: Good evening. My name is Gabriela Guimaraes. Chair Sanchez: And you end up being the last one. You were here -- you were one of the first ones to get here. Ms. Guimaraes: I guess so. It's been a couple of years already, so I'm more than glad to wait. Anyhow, I -- I'm here to urge you, especially you, Mr. Chairman, as our Commissioner, I'm here -- actually, I live at 3193 Oak Avenue. I am a property owner at the Brickell West area. Andl urge you to designate Brickell West T6-36 because the area has its natural potential to be a work, live, and play, as the Mayor always writes in the newspapers and all of that. So I really urge you to look into that issue. Andl have a question for the Planning team. Is that Edgewater now a T6-36? Wow. Thank you very much. City ofMiami Page 111 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Thank you. All right. Ladies and gentlemen, anyone else, before we close the public hearing for the first reading? There'll be a second reading where the public will have an opportunity to address the Commission again. All right. At this time, the public hearing is closed, and it comes back to the Commission. We are on SP.1, which is the proposed Miami 21 Code and atlas. Can we get a motion? Commissioner Sarnoff. I make a motion. Chair Sanchez: Motion. Now, we need a second for the purpose of discussion, or I will pass the gavel. Is -- can we get the Commissioner out? I will second it for the purpose of discussion, passing the gavel to the Vice Chair. While we wait for her, I want to take this opportunity to praise each and every one of you for this long day today here at the Commission meeting, for being cooperative. Trying to get everyone -- I think we had close -- a hundred -plus speakers spoke today, and we thank you for that, for being so patient. Ms. Bru: Mr. Chairman, perhaps while we're waiting for the Vice Chair, I'd like to clam something. I've heard some discussion tonight about the potential of having two ordinances, two zoning ordinances, which would apply in tandem. If you are so inclined to do that, you would need to, in my opinion, bring this back to the PAB Board because that would be a material and substantial change from what has been considered all along, including what was advertised. What was advertised was an ordinance that would enact a new code and would repeal 11000. So if that is something that you're considering -- and of course, the Planning Department would have to look at the FLUM to make sure that it would be consistent with applying two different codes at the same time, which I don't think we're ready to do tonight in any event, but just a point of clarification on that. Chair Sanchez: It's my understanding that we would have to amend the comp plan too, correct? Ms. Bru: The Planning Department would have to look at the future land use map designations to make sure that both codes could coexist with a FLUM, with one FLUM. Chair Sanchez: Okay. All right. They're requesting -- we're going to take a 15-minute recess and we'll come back. So we'll be back in 15 minutes, okay. Fifteen -minute recess. [Later... Chair Sanchez: The special meeting is being called back to order. The public hearing was opened and -- it was opened and closed; comes back for deliberation. For the record, there was never a second. I was -- the Chair -- the Vice Chair was not here for me to pass the gavel. So we have a motion. It was made by Commissioner Sarnoff. Commissioner Sarnoff. Let me clam my motion. Chair Sanchez: Okay. Commissioner Sarnoff. My motion would be the map, as presented -- Chair Sanchez: As presented -- Commissioner Sarnoff. -- today at the Commission. Chair Sanchez: -- by the staff. Commissioner Sarnoff. Correct. City of Miami Page 112 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: Okay. So there is a motion by the -- by Commissioner Sarnoff. We are on SP.1, which is the proposed Miami 21 Code and atlas, as presented. Is there a second? Vice Chair Spence -Jones: Yes, there's a second. Chair Sanchez: There's a second by the Vice Chair. The item is under discussion. Discussion on the item. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. I really enjoy this exercise in public participation because I was present at at least ten of the public meetings that were held about two years ago, three years ago, regarding Miami 21. And most of the people that were attending were either City employees or consultants. Andl remember that Francisco that is very articulate was giving a conference in West End Park, and we had -- I counted -- 21 staff and 6 residents, and none of the people knew what they were listening. But today, this has been a good learning experience for me because things have been solved. I mean, you -- we take care of you and we'll change this, and we'll change that. But really -- something that quite don't understand is why people are coming to give thanks to the Commission for doing things that needed to be done in the first place and -- you know, I have heard people thanking for the view shed that protects the Vizcaya, andl ask about it because I didn't know, and it was news to me. Last Monday, when I had the briefing with the Manager and they told me that it was something that would protect historical places, andl said, good. Then we have that for the Freedom Tower too, and they said no. It's only for Vizcaya. And then I said why. Is it after they won the suit or was this something that was in the works before they file suit? And they said no, after they won the suit. So what it means is that you really have to hit the City in order to get things done, or you have to come here in the public forum, on TV live and demand and things get fixed. Because things that not got fix during the so-called public participation, not at least in our district, none of the things. Because we requested low -density in 27th Avenue; didn't happen. Low density in Coral Way; didn't happen. There was people that were trying to get rid of a terrible area on 37th Avenue, andl guess it happen just because that area is completely build up now. So I just think that it's a learning experience, that this is worth the time that we all have to spend here because now we know the different problems that we have throughout the City. One thing that I don't understand, they have raised so many issues here, and I don't know what you guys were doing in the last four years. And my understanding is that there were only 24 questions posed from January 2008 to now in the -- about Miami 21 in the Web. All the different hits were long time before because the people forget. I have heard no more (UNINTET,TIGIBT,F) school. It would define the future. A lot of people with really, really good faith came here and they really do believe that if we pass Miami 21, you know, this will be the greenest and the most environmentally friendly city immediately. And as I was hearing those people in really good faith that were coming here and saying, you know, you have to pass because this got to be a walking city and we're all going to use our bicycles and no more -- andl was remembering two years ago -- I think it was fuller than this when this Commission was accepting the recommendation of the Administration to change the zoning with the argument that it will be great for healthcare in the City ofMiami, and that was the Mercy Hospital; that everything that was discussed was about healthcare and not about just a simple zoning change. And it was done -- and somebody said it was horrible done by 11000. No, it was horrible done by the Administration and by the people that voted and by the Mayor that didn't veto, although a Commissioner of the area requested it and -- so it's about the human thing. It's not about the theory. And l just -- you know, the most -- the thing that most impress me -- there were two statement. One, a resident, District 4, that said become a resident, not a Commissioner, when you vote. And the other, when Bob Powers says common sense. I think that that is, for me, the most important statement tonight here what Bob said, common sense. I just hope -- number one, I think that Miami 21 is a great thing and even if it's not approved today or in three month because the Manager told me don't worry about it. It won't be back before you guys for month because it has to go to Tallahassee and to DCA, so it's only first reading. Regardless of when City ofMiami Page 113 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Miami 21 is approved, today or next year, it will all be -- it will always be a -- one of the initiative ofMayor Diaz. You know, he won't be here in the mayor's seat, but people would recognize whether Miami 21 is passed in -- six months from now or a year from now or whatever, that was one of the things -- so not to hurry. It's not going to be the next mayor project. It's going to be Diaz project forever. So I just hope that in order to avoid more litigation, in order to stop the war against the residents -- because none of -- a reporter said -- somebody said that everyone that is in favor were attorneys that have their clients with big buildings. Andl was telling this reporter that probably don't know too much about Miami 21, not even the attorneys know, I said, no. You know what the most difficult thing to explain to the people ofMiami, the people that are -- lives in my district that are hurting and that are trying to pay the taxes and the insurance on their homes in Flagami, the most important thing about Miami 21 to explain is how do you explain to the people that if you are a developer that have a lot of money, you can buy more stories in your building? So this is not about protecting the resident. I just hope that my colleagues would create a panel that even the Commissioners' office could give staff support and not impose on the consultant more time to be spent or even the Administration not expend money to have a consultant with the residents, Miami Neighborhoods United, the different residents, all these attorneys. The consultants -- so you bring probably in one month or two month before Mayor Diaz leave office, so it will be his legacy, a new product that is not so confusing. Could 11000 run with Miami 21? Could it sunset? Could -- all these questions that had been posed here and you just want to just approve this today and just to get a headline tomorrow morning? If we don't -- about the headline, if we don't hurry, the deadline for the Herald is about an hour, so I guess it wouldn't be a headline. It'll just be on the Internet, Miami 21 approved. So I'm asking you -- this is not about politics. This is not about being negative. This is not -- it's just about having a better product. We don't even know if we can vote for two codes. We don't -- I mean, I cannot support this with so many questions. I will support it when they come back and say, okay, the 27th Avenue corridor is what the residents and the PAB recommended; okay, the Coral Way corridor is what -- the Flagler West corridor, 8th Street corridor is what they wanted. And -- but no. It's -- they fought with me in the office on Monday andl wonder why. And they say that now we have to legislate here to change. Thatl don't understand, so I just want to thank you to the consultants because you did what you had to do. I mean, nobody understood it, at least in my district, but you did what you needed to do. I hope that my colleagues will at least defer this for one month, 45 days. It's not such in a hurry. And try to understand -- to bring more understanding to all these questions that had not been answered yet and so -- if not, well, majority rules until the courts come in. Thank you. Thank you, Mr. Chairman. Commissioner Sarnoff Miami is certainly a young city. Some people -- I like to think of it as an adolescent city. It's a city that has pimples and it doesn't really know exactly how fast it wants to run. It's a city that doesn't regulate itself very well. It's a city that has two speeds, on and off. And that's what youth is about. Youth is about running very hard and then suddenly crashing, and running very hard and suddenly crashing. And that's part of what I've always described Miami to my friends in New Orleans, having come here from New Orleans; by the way, a city that has maybe some of the worst zoning laws. For those of you that know Airline Highway, you could live right next to a used car lot and have a million -dollar house very close to it. So there are worse places than Miami in terms of zoning laws. But this is a chance for this city to start growing up, and this is a chance for this city to start regulating itself. I've always believed in the free market system. I am a voracious, absolute believer in capitalism. As a matter offact, what see of the government of late absolutely concerns me because I think we're becoming a little too socialistic. My point is not about criticizing the government, but my point is about two features of what don't think the marketplace is capable of regulating itself. I don't believe, given the choice, the free market system would regulate itself for the environment. Andl don't believe environmentally you could get people to do the right thing. I think that government intervention is necessary to regulate the environment. The second thing that I've seen coming from New York and having moved to the south is the south's inability to have proper zoning laws. 'Cause in New York, it was very structured and it was very well thought out. Maybe not so much on Long City ofMiami Page 114 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Island City, for those of you that know it, but when you lived in a residential neighborhood, you lived in a residential neighborhood. And the commercial district was a good distance away from you and it was very well structured. But as you come south, things got a little more laissez-faire and in place were not good zoning laws. This city grew up very fast under this Administration and only history will judge, this Mayor or this Administration, in 30 years whether it's a good or bad thing. I happen to think it's an exciting thing. I think it's an exciting time to be a Miamian. I think it's also a good time for us, as Miamians, to start regulating ourselves and saying the switch isn't always on and the switch isn't always off. Sometimes it's in between. Sometimes we regulate ourselves a little bit. You know, and) had intended on having a nice slide presentation to show you what we've done right and to show you what we've done wrong. Certainly, Biscayne Boulevard, right by Bicentennial Park, four of the most beautiful condominiums, I would suggest to you, probably anywhere in any city in America. IfI go on the opposite side of that -- those four condominiums, I guess it's 2nd Avenue or 2nd Street and you look at them, who wants to walk right there? Luckily, there's the Metromover right there, so we can always say, oh, you're really not going to walk there. You're going to walk to the Metromover. Somebody said 11000 created what is found on -- by Setai (phonetic). Yeah. Arguably, it was under 11000, probably with this Administration's hooks deeply sunk into them saying but it's got to look like Miami 21. Because, really, it was a Miami 21 concept that brought about that Biscayne Boulevard change. You know, Sam Poole said this is a watershed moment, and that's a profound statement, that this is a watershed moment for Miami, and it is a watershed moment, whether it's right now, 30 days from now. We're at a watershed moment in Miami, just like I think this country's at a watershed moment. There's something called the new normal out there. I don't believe this economy's going to return back to 2007. For those of you that do, I think you're going to be waiting probably your lifetime. This whole society of ours is probably going to go back to a lot closer to 2002 or 2001, in terms of our output and productivity because it was a bubble created that was probably imaginary and not very real. And for those of you who think that real estate is going to bring you out of this next tragedy, you're wrong. Miami needs its own economy, and it's not always going to be based on real estate. Many of the people you saw come up here and complain and say this is wrong are speculators, and what they're doing is they're speculating on what will happen to Miami. You've heard me many times say, Miami has far too many absentee owners and absentee landlords, and it does 'cause we're a speculator city. For those of us that live in the City, though, it really is harsh at times to live next door to a speculator 'cause they don't tend to take care of their property. They don't tend to care like you care or I care what my property looks like. So I do think we're at a watershed moment. Now, somebody else said something) thought was great. Adam Mizrahi said we're an autocentric lifestyle. Autocentric. I love that expression. I don't think I've ever heard of it before. We're really autocentric because we get into our automobiles, interact with no one, and we have no time for any kind of public space. To the extent that Miami 21 creates any kind of public space, that's a good thing. To the extent that we get out of these suits and maybe change our dress code and lifestyle a little bit in July, August, and maybe even September to allow us to wear the straw hat again, to put on a Guayabera, or just manufacture a means and manner of walking around in Miami would be a good thing 'cause we certainly don't wear the clothing commensurate with the ability to walk around, but our parents did. They knew better than we do. The straw hat came out. That short -sleeved shirt came out. Even the court had what was called "summertime rules," and that would have afforded us the opportunity to walk around outside in Miami, certainly into July and certainly into August, and possibly becoming more and more of a walking city. You know, I'm going to support this with some changes that were not given to me, but I think I've fought with Elizabeth Plater-Zyber [sic] from probably day one, probably fought with the Mayor from day one. And they probably have been fighting with me from day one on whether I'm right, whether I'm wrong, but the one thing) tend to be is I tend to be a man of my word. Andl gave my word to a community when I ran in 2006, and that was that, for instance, in the MiMo District, I was going to impose a height restriction very similar to what was done in Neisen Kasdin's Miami Beach. And in return for the height restriction, I would create what's called a TDR, transfer development right, that would have afforded that particular piece of property the ability to sell the distance from the self-imposed height limit to what Elizabeth Plater-Zyber [sic], who is the City of Miami Page 115 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 expert, decided that property should have been labeled, if you will. So the way I'm going to amend my motion is the following: I'm going to amend the motion that the MiMo district have a 35-foot height limit, and that district, I believe, is from 50th to 77th Street. That would alleviate a number of the comments that you've heard with regard to Eileen Bottari and Bob Powers, with regard to having heights right up against them in their respective neighborhoods. And the TDRs would be found in Chapter 23, andl think Plater-Zyber [sic] is well aware of my comments on that. I would also amend my motion to accept the PAB recommendation found on the August 6, 2009 analysis. I would make the change to Lucia Dougherty that she asked for for the D-2 at 1600 and 1750 North Miami Avenue. I believe the view shed corridor is in there, but if it is not, I would include the view shed corridor. I believe the T6-24 for Omni West is in there. I would accept all the recommendations by Barbara Bisno submitted in writing today. I'm going to strenuously urge -- although this will not be part of my motion. I'm very concerned that there are going to be lawyers out there that are going to sue the City -- Chair Sanchez: Oh, yeah. Commissioner Sarnoff. -- without a parallel code. And I'm very concerned that -- I know lawyers. I know the condition of the legal system right now. I really think we need to run a parallel code if, for no other reason, to take a Bert Harris argument away from them. So I'm not going to make it a part of my motion for right now, but I would like to see, from the City Attorney, an express reason why you cannot run parallel codes. I need to see in writing Florida Chapter 112 point something -something that says the City ofMiami cannot run a parallel code. Or I need to see in writing from some department -level cabinet person that says the City of Miami cannot run a parallel code. Because I'm not absolutely confident and sure that I could vote for this without some sort of parallel code to take away a Bert Harris argument. But my motion is as I stated before, and I'm going to ask the seconder if he will accept it? Thank you. Chair Sanchez: Do you accept the amendments he made? Commissioner Regalado: Could you include in your motion -- Commissioner Sarnoff. Yes. Commissioner Regalado: -- the PAB recommendation of Coral Way -- Commissioner Sarnoff. I thought I did. Chair Sanchez: He already did. Commissioner Regalado: --from T6-8 to T5 0 [sic] and --? Commissioner Sarnoff. It's in here, right? Commissioner Regalado: This -- Commissioner Sarnoff. Yeah. I've asked -- Commissioner Regalado: -- this -- Commissioner Sarnoff. Correct. Commissioner Regalado: -- and this, and the 27th Avenue corridor. Commissioner Sarnoff. What I've done, Commissioner, is ask that this August 6, 2009, all PAB recommendations be included. City ofMiami Page 116 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Commissioner Regalado: Thank you. Chair Sanchez: All right. There's been a motion with several friendly amendments. The second of the motion has accepted those amendments. All right. Let's have a roll call. Vice Chair Spence -Jones: No. I have comments. Chair Sanchez: Okay, I'm sorry. I apologize. Vice Chair Spence -Jones: Are you finished? Chair Sanchez: Discussion on the item? Vice Chair Spence -Jones: Yes. Discussion on the item. I'm going to keep mine constructive. Most -- a lot of the stuff Commissioner Sarnoff has already said, but I just want to reiterate some of them, and also, there's a couple that I would like to add. One, I definitely want to make sure -- andl'm in agreement with Commissioner Sarnoff on Lucia's comment. I would like to definitely see something in writing that this cannot run hand -in -hand. I think that it's extremely important for us to have a transitional period, andl think that the recommendation that was made by Ms. Dougherty should be definitely looked at. So I want to agree with Commissioner Sarnoff on it 'cause too many times we've been told while we're sitting up here that something can't be done only to find out a few months later that it can. So I would like for us to get it in writing. Also, there was a suggestion made from the audience and from our CFO (Chief Financial Officer). I just want to make sure that put it on the record, that we do get something in writing from the property appraisers [sic] saying that this will not affect our taxes in any way. I know my CFO said that that was not going to be a problem, but again, I would like to have it in writing before we vote on it the next time. Also, there was a comment made by Dean -- where's Dean? And if you look in his package that he passed out, it was one, in particular, thing that I think is extremely important. I know that the Planning director -- andl know at least within my district there were a lot of concerns with the Planning director having so much control. While Ana is a sweet, lovely person, Ana may decide she want to retire tomorrow and move on, and you know, do other things in life, and we get the Wicked Witch of the East in that position, which means it could be a whole nother thing. So I would definitely like for us to reconsider because we don't want to do something based upon Ana being in the position 'cause it may be somebody else. So I don't know if I'm all that comfortable with having that much power in one person's hand, so I would like to definitely look at whether or not, you know, deem -- having the Planning director deem if something has to come in front of the UDRB board. I would definitely want to do that. And overall, I think that, you know, this is -- was one of the questions thatl asked in my briefing, not necessarily about the taxes, but just in general, about the fiscal impact that this will have on us making these changes, and I know that I was told by staff in the briefing that there should not be any impacts made -- physical -- fiscal impacts made on this because, quite frankly, we're just switching things over. But there has to be some changes, some costs associated with doing anything new. So I would like to also get that in writing, andl would like to have at least some sort of analysis on that as well. As far as Barbara's -- again, agreeing with Commissioner Sarnoff -- I definitely think the notice issue -- that was something that my district fought for very hard. I know with Buena Vista East, West, and Heights, they pushed very hard for that. And I want to make sure the interpretation issues included, along with the general notice portion of it 'cause it was two pieces of that. I want to make sure that that definitely is included and not changed. And in closing on these additional things that I'm asking for -- and then I'm going to just give you my overall thoughts -- is that the comments surrounding feet and stories, while I do know that Liz got up and tried to explain it to all of us to make sure that we understood it, I still think it's going to be very confusing to a layperson, you know, feets [sic] and stories. Andl would really like for our consultants and staff to really look at whether or not the feet and the stories things actually have to be used because one of the comments that was made tonight by City of Miami Page 117 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Wendy, which is absolutely true, andl happen to see one of the buildings that actually -- in the Buena Vista area that was said it was one particular height, but when you went to go see it, it was extremely big, and it was based upon the stories and not upon the feet. So I really would like to have a greater understanding -- or I would really like for us to look at that language when we start talking about stories and feet. I think it should be simple enough for even a layman to understand, not a lobbyist or an attorney or a builder or -- I think it needs to be very simple for everybody to understand it. And Buena Vista East, I'd like to make sure -- even though I was told by staff that it was already included, butt see that it was not, but want to make sure that it makes it into this draft. I believe it was Northeast 42nd Street, off of -- between North Miami Avenue and Northeast 2ndAvenue, that particular block, the T3 L was to go all the way down to the middle portion of the block. I want to make sure that that does not change. That's what was agreed upon, but that's not what I got in my final notes. And in closing, I've been -- I guess Commissioner Sarnoffs district andl have had the opportunity to have several meetings regarding Miami 21 because it started within our districts, so I am Miami 21 out. We have had a million and one meetings, a million and one discussions about this overall issue, andl have, myself, became very active involved -- and involved in this issue. So we have drilled down this whole issue in Miami 21. So whether or not it be in Liberty City, where the Liberty City Trust was involved with their own set of meetings, whether or not it be Overtown and the Overtown Community Oversight Board was involved or Buena Vista Neighborhood Association -- my associations, the folks in my district have worked through Miami 21, so I feel pretty confident about the things that have been added and deleted, with the exceptions of the new changes. So I just want to be clear. The things that I requested based upon what my constituents say they wanted to have happen has happened. The cultural districts, one. One being the cultural districts, which will stimulate economic development has been included in the Liberty City area, in the Overtown area, in the Little Haiti/Historic Lemon City area, and of course, in the Wynwood area they have been included. Preserving my industrial sites in the areas to attract different industries to my districts to create more jobs and to sustain jobs, it has been included, so I'm happy that has happened. I feel in my community, based upon what we -- of course, you're going to have some people that disagree with -- you're not going to have everybody that agrees with everything, but for the most of the part, when you look at our district map for District 5, we are comfortable with what we see happening throughout the area map. Now there might be some suggestions of change, but for the most part, every single street, every area that we could, you know, drill down on, we have, andl feel pretty confident about that. And if there are any suggestions that need to happen before the next meeting, then of course, by all means, those people that are watching it at home could definitely provide their input. But for the most part, I feel happy with that. The notice on provisions, which is what we already talked about, the community participation as a part of it, all of that happened, as we suggested it. As a matter of fact, the consultants, we even asked for 'em [sic] to do it in Creole, and to make sure the African American communities understood exactly what was going on. They went above and beyond the call of duty to make sure people understood that Miami 21 was there. Again, one of the issues I had, I was told that it was not going to be a problem in regards to the fiscal impact, so I'm hoping that I get that in writing, but for the most part, I've been told that's not an issue. My biggest concern on all of it is when we start talking about, you know, $2 million that, you know, we spent on a plan like this, you know. I'm just concerned with the fact that there's a feeling that we would want to just throw it all away. I mean, to me, I think that would be irresponsible. I mean, how do you spend taxpayers' dollars, and in the end -- andl don't want to get involved in any politics on any -- guess what? I'm running too. It's not about that. It's about my constituents have, you know, entrusted me to help them in their particular communities make the best decisions for our community, so it's not about politics for me. It's about being responsible. And if we have spent -- and all of us sitting up here have agreed to this happening, you know, we don't want to come all the way down to the finish line and then say, wait. There's a problem. I don't want to have this happen. We spent $2 million on it. Let's pull back from it. I mean, quite frankly, I could -- if that's the case, then we should have stopped a long time ago 'cause my district could use the money doing something else. But we're here now, so we have to work through it so that it makes the most sense for everybody that we represent. So with that City of Miami Page 118 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 being said, as long as my changes that I've talked about tonight are included, all of the additional things that I've asked over the last two and a half, three years on this whole issue have been addressed, D5 (District 5) is very comfortable with what decisions are being made tonight. And we all know -- I mean, we look at our President now. He has one of the biggest challenges right now, which is this whole health issue. There are a lot of people that are for and there are a lot of people that are against it. That's just what it is. And we always have -- we have to make the decisions that make the most sense for the people that elect us. So, you know, for me, I feel pretty confident in my decision, and as far as I'm concerned, I voted andl don't know what else more we need to do, Mr. Chairman, on this issue. Chair Sanchez: Just -- if you're done -- Commissioner Sarnoff. Mr. Chair, before you go, can I just say something? 'Cause I've been asked by the Administration -- and I'm going to ask my seconder if she'll accept. I want to include my motion and amend it to including Ana and staffs recommendations presented here today. Vice Chair Spence -Jones: Oh. Chair Sanchez: Wait. That's a little confusing here for me. Mr. Hernandez: Well, Mr. Chair, Commissioners -- Chair Sanchez: What is it exactly that we're doing? Mr. Hernandez: -- the recommendations that were made by Ana in her presentation that do not conflict with PAB's recommendations. Commissioner Sarnoff. Correct, that are not in conflict with the PAB. She made a couple of recommendations early in the presentation today that were not part of the PAB. Where she conflicts with the PAB, I'm asking to adopt the PAB recommendations. Vice Chair Spence -Jones: Are you okay with that? Commissioner Sarnoff. Well, I'm -- Vice Chair Spence -Jones: No. I'm saying is he okay with -- I mean, he's -- Commissioner Sarnoff. We'll find out. You're the seconder. You have to be -- Vice Chair Spence -Jones: I know, but he's acting like -- Chair Sanchez: Well, listen, there's no disputing that we need to overhaul our complex zoning code. Eleven thousand has been a Frankenstein for many, many years. If you drive throughout the City, you'll see what 11000 has done to this city, but it's been the law. And since I've been here, there has been always concern about residents as to how our Zoning Code allowed some of these buildings to be built, but it was the code. It was amended and amended and amended to benefit developers and not the residents. And if you drive through the entire City and every district, you're going to see what 11000 created. So there is no doubt in our minds that if the City is truly going to define itself and its future, we needed to address the issues that were affecting us in every district. Now, there are certain things that have some concern with that have been made as amendments, andl think that we need to be very careful here. And you know, Madam Attorney, I think that you that represent the City needs to put forth the concerns that may put this City in great risk of millions of dollars in liability. Are we prepared to challenge 'em [sic]? Maybe we are, maybe we aren't. We should look at these properties on a case -by -case to City of Miami Page 119 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 see exactly what height restrictions we could place. If you take an area, such as the Upper Eastside, from 55th all the way up, and you implement a 35-feet height restrictions, believe me, we are going to be in litigation for quite some time under Bert J. Harris Act. And this is a question to the City Attorney, do these properties meet all the requirements of the act, Madam Attorney? Ms. Bru: Okay. Mr. Chairman, when we speak about Bert Harris claims, obviously, we're talking about a state law that guarantees to property owners the right to be able to enjoy their reasonable investment back expectation on their properties. And so long as your regulations don't inordinately burden their property rights or you don't ask them to share disproportionately the burden of joining in a community that has regulations for the public good, what you do is defendable. Now I understand from the Administration that great efforts have been made to calculate the development capacity that individual properties had throughout the City. It has been an intensive effort. So what has been recommended to you was based on that analysis. To the extent that changes are being suggested now, I would suspect that between first and second you will hear from your Administration and there would be something put on the record as to whether or not they recommend it. Obviously, the more thought, the more analysis, the more inquiry that was done to estimate what the applicable height of buildings should be throughout the City, the more defensible it is. Chair Sanchez: Okay. We just celebrated our 113th birthday. We are a young city, a city that has great potential. We are truly creating the path of creating a true urban city with Miami 21. But it has a lot of elements, and we need to be very careful how we address all these elements because sometimes you may want to do good and that good could turn into bad. I'm here because I believe that Miami 21 focuses on neighborhoods. It focuses on green space. It would focus on making the City more pedestrian friendly. It will truly make us a much better city than what we are and we have been in the past. But my concern is that we must be very careful because some of these actions on some of these amendments that have been made are going to put this City in risk and liability for millions and millions of dollars that our taxpayers may have to end up paying, and that's the only concern that I have here. I'm all for sustainability and livability, smart growth. This is by far a much better plan than 11000, but based on some of the unintended consequences are the things that concern me here and has not been clearly addressed by the Administration as to how many properties. Now anybody could file a lawsuit against anybody. We all know that. And I'm not here to protect those property owners. I'm here to protect the residents of the City ofMiami. But we need to take into consideration right now there are two lawsuits under Bert Harris in the City, and this will open up the floodgates for many, and that's the only concern that I have, Commissioner, and you being an attorney, I think that we need to be very prudent on how we handle that situation. That's all thatl have to say on first reading. You know, maybe I -- I support it, I don't support it on first reading. We'll deal with it on second reading. Butl think it's important that we look at the legalities of this, which could have a significant impact to the taxpayers of the City ofMiami. So having said that, roll call. Ms. Burns: Mr. Chair, for some clarification, there were some amendments proffered by the Chair. I was wondering if the maker of the motion accepted those amendments? Commissioner Sarnoff. I do. Andl wonder if the maker -- I wonder if the seconder would accept my request that you -- if accept the amendment supporting Ana Haliburton's [sic] recommendations and staff? Chair Sanchez: All right. So before we vote, can we find out exactly what are all the amendments that are on the record? Mr. Hernandez: Mr. Chairman, Commissioners, at the beginning of the meeting, the -- City ofMiami Page 120 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Vice Chair Spence -Jones: Yeah. The things he went through. Mr. Hernandez: -- staff went over amendments to the text and amendments to the mapping -- Chair Sanchez: All right. Mr. Hernandez: -- and those are the ones that I'm making reference to. However, they must not conflict with the PAB recommendations. If any of ours are in conflict, PAB recommendations govern. But it's the other changes that she went through at the beginning. Chair Sanchez: So all of the PAB recommendations are being -- Mr. Hernandez: That's -- Chair Sanchez: -- presented as a friendly amendment. Mr. Hernandez: -- per the motion, and then -- Chair Sanchez: And the 35-feet height restriction along Biscayne Boulevard in the MiMo district. Mr. Hernandez: It's part of the motion. Chair Sanchez: All right. Vice Chair Spence -Jones: Andl accept your motion. I just wanted to know, as well, do you accept mine? Commissioner Sarnoff. Yes. Chair Sanchez: Roll call. Vice Chair Spence -Jones: Okay. Ms. Burns: Roll call on SP.1. Ms. Bru: I don't think we've read the ordinance into the record. Chair Sanchez: Oh, I do apologize. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call, as amended. Ms. Burns: Roll call. Commissioner Regalado? Commissioner Regalado: The City Manager promised Miami Neighborhoods United and many residents that they will have at least two weeks -- I remember that -- to study, and that was not the case at this time. I think Miami 21 is a good idea, but done at the wrong time, done without any direct input of the new regulations and modifications that were imposed during this month and month without any movement. And the fact that the residents were not consulted or informed properly, to me, it's just something that would bring about not legal cases because land and property rights, but a more cynicism from the residents towards the Administration and the government. So because of that, not because Miami 21 is not good, I vote no. City of Miami Page 121 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Ms. Burns: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes, with amendments. Ms. Burns: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Burns: Chair Sanchez? Chair Sanchez: No. Ms. Burns: The motion to approve SP.1 on first reading has failed, 2-2. Chair Sanchez: All right. Okay. I would pass -- Well, can we get another motion? Can we get another motion? All right, what -- the motion as to the -- the motion as to what's presented by the staff? Ms. Bru: The next item really was to make it consistent with this new Zoning Code, and since you're not -- Chair Sanchez: It didn't pass. So -- Ms. Bru: There's -- Chair Sanchez: Okay. Commissioner Regalado: So the meeting is over. Vice Chair Spence -Jones: Meeting's over. Chair Sanchez: All right. Vice Chair Spence -Jones: Do you want to officially adjourn the meeting? Officially adjourn the meeting? Chair Sanchez: Yeah. Commissioner Regalado: Yeah. Vice Chair Spence -Jones: Well, you didn't say it. Chair Sanchez: All right. Motion to adjourn. Ms. Burns: Excuse me. Is the meeting adjourned? Commissioner Regalado: Yes. Ms. Burns: Thank you. Commissioner Regalado: Motion to adjourn. Chair Sanchez: Motion to adjourn is accepted. Commissioner Regalado: Second. City of Miami Page 122 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. SP.2 08-01315ct ORDINANCE 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 MODIFYING, ADDING AND DELETING LAND USE DESIGNATIONS WITHIN THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP SECTION OF THE FUTURE LAND USE ELEMENT; AND CHANGING THE 2020 FUTURE LAND USE MAP DESIGNATIONS OF SPECIFIC PROPERTIES OF THE CITY OF MIAMI TO IMPLEMENT APPROPRIATE LAND DEVELOPMENT REGULATIONS AND ELEMENTS IN ACCORDANCE WITH THE MIAMI 21 ATLAS; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 08-01315ct Analysis.pdf 08-01315ct Miami -Dade County Public School Concurrency.pdf 08-01315ct PAB 01-07-09 Reso.pdf 08-01315ct CC FR Legislation (Version 3).pdf 08-01315ct Exhibit A (Miami 21 Land Use Map).pdf 08-01315ct CC FR 08-06-09 Fact Sheet.pdf 08-01315ct-Submittal-Santiago Echemendia.pdf 08-01315ct-Submittal-Miami River Commission.pdf 08-01315ct-Submittal-Carter McDowell 1. pdf 08-01315ct-Submittal-Peter Thomas.pdf 08-01315ct-Submittal-Letter of Endorsement -Dr. Charles C. Bohl.pdf 08-01315ct-Submittal-Ben Fernandez.pdf 08-1315ct-Submittal-Lucia Dougherty.pdf 08-01315ct-Submittal-Steven Wernick.pdf 08-01315ct-Submittal-Grace Solares 1.pdf 08-01315ct-Submittal-Grace Solares 2.pdf 08-01315ct-Submittal-Bennett Pumo 1.pdf 08-01315ct-Submittal-Bennet Pumo 2.pdf 08-01315ct-Submittal-Barry Sharp. pdf 08-01315ct-Submittal-Dean Lewis. pdf 08-01315ct-Submittal-Emails-Dean Lewis. pdf 08-01315ct-Submittal-Downtown Development Authority. pdf 08-01315ct-Submittal-Andrew Dickman. pdf 08-01315ct-Submittal-Miami 21 Document.pdf 08-01315ct-Submittal-Steve Hagen. pdf 08-01315ct-Submittal-CNU Florida.pdf 08-01315ct-Submittal-Barbara Bisno.pdf LOCATION: Citywide First Reading APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami City of Miami Page 123 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 7, 2009 by a vote of 5-4. PURPOSE: This will modify, add and delete Land Use designations within the interpretation of the 2020 Future Land Use Map section of the Future Land Use Element; and change the 2020 Future Land Use Map designations of specific properties in accordance with the Miami 21 Atlas. NO ACTION TAKEN SP.3 08-01407zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION" TO REFLECT THE PROVISIONS AND LANGUAGE OF THE MIAMI 21 CODE; TO CREATE A PROCESS FOR THE TRANSFER OF DEVELOPMENT RIGHTS FOR HISTORIC RESOURCES THROUGH THE PUBLIC BENEFITS PROGRAM; TO CREATE ADDITIONAL DEFINITIONS; AND TO ESTABLISH PROVISIONS FOR THE GRANTING OF EXCEPTIONS, WHEN THE RESULT LEADS TO THE PRESERVATION OF A SIGNIFICANT HISTORIC STRUCTURE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-01417zt CC Legislation (Version 1).pdf 08-01417zt CC FR 08-06-09 Fact Sheet.pdf 08-01407zt-Submittal-Santiago Echemendia.pdf 08-01407zt-Submittal-Miami River Commission.pdf 08-01407zt-Submittal-Carter McDowell 1.pdf 08-01407zt-Submittal-Carter McDowell 2.pdf 08-01407zt-Submittal-Carter McDowell 3.pdf 08-01407zt-Submittal-Peter Thomas.pdf 08-01407zt-Submittal-Peter Thomas.pdf 08-01407zt-Submittal-Letter of Endorsement -Dr. Charles C. Bohl.pdf 08-01407zt-Submittal-Ben Fernandez.pdf 08-01407zt-Submittal-Lucia Dougherty.pdf 08-01407zt-Submittal-Steven Wernick.pdf 08-01407zt-Submittal-Grace Solares 1.pdf 08-01407zt-Submittal-Grace Solares 2.pdf 08-01407zt-Submittal-Bennett Pumo 1.pdf 08-01407zt-Submittal-Bennet Pumo 2.pdf 08-01407zt-Submittal-Barry Sharp.pdf 08-01407zt-Submittal-Dean Lewis.pdf 08-01407zt-Submittal-Emails-Dean Lewis.pdf 08-01407zt-Submittal-Downtown Development Authority.pdf 08-01407zt-Submittal-Andrew Dickman.pdf 08-01407zt-Submittal-Miami 21 Document.pdf 08-01407zt-Submittal-Steve Hagen.pdf 08-01407zt-Submittal-CNU Florida.pdf 08-01407zt-Submittal-Barbara Bisno.pdf City of Miami Page 124 Printed on 8/24/2009 City Commission Meeting Minutes August 6, 2009 LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: 1) On June 26, 2008, the Miami City Commission adopted Ordinance No. 13008, codified as § 23-6 of the Miami City Code concerning transfers of development rights for historic resources, thereby instituting the provisions for the Transfer of Development Rights for Historic Resources and establishing provisions for the sale of unused base development rights in the MiMo/Biscayne Boulevard Historic District; 2) This amendment would further the intent of the Transfer of Development Rights provisions establishing a market for the sale of Unused Base Development Rights through the Miami 21 Public Benefits Program. NO ACTION TAKEN END OF ORDINANCES City of Miami Page 125 Printed on 8/24/2009