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HomeMy WebLinkAboutCC 2009-12-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com '., IMCORP GROTED IL E y. • Meeting Minutes Thursday, December 10, 2009 10:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Commissioner District One Francis Suarez, Commissioner District Four Commissioner District Five Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes December 10, 2009 Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. Present: Vice Chairman Carollo, Chair Sarnoff and Commissioner Suarez On the loth day of December 2009, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Marc David Sarnoff at 9:03 a.m., recessed at 11:45 a.m., reconvened at 3:02 p.m., recessed at 5:43 p.m., reconvened at 6:09 p.m., and adjourned at 8:12 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk City ofMiami Page 2 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Order of the Day Chair Sarnoff All right. Madam City Attorney, I think you want to go to the PZ (Planning & Zoning) and you want to read something into the record. Julie O. Bru (City Attorney): Okay. So we're going to begin the Planning and Zoning items now. We're going to proceed as follows. Before the P&Z agenda is heard, all those who wish to speak will be sworn by the City Clerk. The staff will briefly describe the request, whether an appeal, a special exception, vacation, text amendment, zoning change, land use change, or a MUSP (Major Use Special Permit), and make its recommendation. The appellant or petitioner will then present the request. The appellee, if applicable, will present its position. Members of the public will be permitted to speak on certain petitions. Petitioner may ask questions of staff, and appellant or petitioner will be permitted to make final comments. Madam City Clerk Priscilla A. Thompson (City Clerk): Ladies and gentlemen, if you are here and you will be testifying on any item on the PZ agenda, I need you to please stand and raise your right hand so that I can swear you in. If you are going to be speaking or testifying on any PZ items, I need you to please stand and raise your right hand so I can swear you in. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Sarnoff All right. PZ.1. Pedro G. Hernandez (City Manager): Mr. Chairman, ifI may, before we start. PZ. 13, we are continuing to January 28. Chair Sarnoff That's it? Mr. Hernandez: Yes. Chair Sarnoff If you give me two more, I'll buy you dinner. Thank you. PLANNING AND ZONING ITEMS PZ.1 09-01019xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES OF "PR" PARKS, RECREATION AND OPEN SPACE (2), TO ALLOW SUPPORTING SOCIAL AND ENTERTAINMENT SERVICES FOR THE MUSEUM PARK MIAMI (SUCH AS RESTAURANTS, CAFES AND RETAIL), WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA. City ofMiami Page 3 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Votes: 09-01 019xc Analysis.pdf 09-01 019xc Zoning Map.pdf 09-01 019xc Aerial Map.pdf 09-01 019xc Application & Supporting Docs.pdf 09-01 019xc Plans.pdf 09-01019xc ZB Reso.pdf 09-01 019xc CC Legislation (Version 2).pdf 09-01 019xc Exhibit A.pdf 09-01 019xc CC 11-19-09 Fact Sheet.pdf LOCATION: Approximately 1075 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. ZONING BOARD: Recommended approval with a condition* to City Commission on October 19, 2009 by a vote of 6-3. *See supporting documentation. PURPOSE: This will allow restaurants, cafes and retail for the proposed Museum Park Miami. Motion by Commissioner Suarez, seconded by Chair Sarnoff, that this matter be DEFERRED PASSED by the following vote. Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Item PZ.1 was deferred to the Commission meeting currently scheduled for January 28, 2010. Chair Sarnoff All right, PZ.1. Roberto Lavernia (Chief of Land Development): Good afternoon, Commissioners. For the record, Roberto Lavernia with the Planning Department. PZ.1 is a special exception with City Commission approval in order to add some restaurant, cafe, and retail at the Museum Park of Miami. The Commission approved a master plan back on 2008 and this proposal is matching exactly what was approved on the master plan, and the use is going to be compatible and beneficial for the area providing uses to be enjoyed by the public, like restaurant, et cetera. They are proposing 222 off-street parking, more than required. The Planning Department recommend approval, and the Zoning Board recommended approval with the same condition that the Planning Department request, which is provide revised plan detailing all signage and lighting for the project. Chair Sarnoff All right. You want to do this with a motion? Commissioner Suarez: I'll make the motion. Chair Sarnoff Is there a second? All right, I'll second the item. Vice Chair Carollo: Seconded by Commissioner -- by Chairman Sarnoff. For discussion. City ofMiami Page 4 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff We need to open up a public hearing. Vice Chair Carollo: And I will open up the public hearing. Anyone from the public wishes to speak on this item? Anyone from the public wishes to speak on this item? No one from the public wants to speak on this item? Public hearing is closed; back to the Commission. I would like to discuss this item. Question: Is it too late to defer this item until the next meeting? And I'll tell you, I'm leaning to vote no, and I would like some additional time. Commissioner Suarez: I'll withdraw my motion. You know, like I said, we're -- I've only been a Commissioner for two weeks and two days, so I completely understand Commissioner Carollo's desire, you know, to want to be fully informed and feel comfortable with an issue before voting on it, so I will withdraw my motion and then I will make a motion to defer this item to the next meeting or -- what meeting would you like it deferred to? Chair Sarnoff Next P&Z (Planning & Zoning) meeting. Commissioner Suarez: Next PZ (UNINTELLIGIBLE) next week, so I -- Chair Sarnoff Next Planning and -- Vice Chair Carollo: Next PZ meeting will be December 17 -- January? Commissioner Suarez: What do you feel comfortable with? Pedro G. Hernandez (City Manager): Will be January. Commissioner Suarez: That is fine. Vice Chair Carollo: January. Chair Sarnoff The second meeting in January, Madam Clerk. Commissioner Suarez: Yeah. I think -- Priscilla A. Thompson (City Clerk): January 28. Chair Sarnoff Twenty-eighth. Commissioner Suarez: I'm comfortable with that. Chair Sarnoff I'll second the motion. Commissioner Suarez: Okay. Vice Chair Carollo: Motion by Commissioner Suarez, second by Chairman Sarnoff. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Any opposition, have the same right, say "nay." Motion passes. However, now we need to -- you withdrew your -- Ms. Thompson: He did. City ofMiami Page 5 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Vice Chair Carollo: Okay. Chair Sarnoff All right. Vice Chair Carollo: By the way, thank you, Commissioner Suarez. Thank you, Chairman Sarnoff. PZ.2 09-00950zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 9 OF ZONING ORDINANCE 11000, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS"; MORE PARTICULARLY BY AMENDING SECTION 936, ENTITLED CHILD DAY CARE CENTERS; INCLUDING REGULATIONS FOR URBAN CHILD CARE FACILITIES WITHIN CBD (CENTRAL BUSINESS DISTRICT), SD-5 (BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT), AND SD-7 (CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL- RESIDENTIAL DISTRICTS) TO BE APPROVED BY A CLASS II SPECIAL PERMIT IN ORDER TO MEET THE REGULATIONS ESTABLISHED BY FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00950zt PAB Reso.pdf 09-00950zt CC Legislation (Version 2).pdf 09-00950zt CC FR 11-19-09 Fact Sheet.pdf LOCATION: CBD (Central Business District), SD-5 (Brickell Avenue Area Residential -Office District), and SD-7 (Central Brickell Rapid Transit Commercial -Residential Districts) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. PURPOSE: This will allow for urban child care facilities within the CBD, SD-5 and SD-7 to be approved by Class II Special Permit to meet regulations established by Florida Statutes. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez 13121 Chair Sarnoff PZ.2. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.2 is an amendment to ordinance 11000 in order to allow -- to include regulations for Urban Day [sic] Care Facilities within the CBD (Central Business District). This is a second reading. This will allow City ofMiami Page 6 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Urban Child Care Facilities within the CBD SD-5 and SD-7 -- Chair Sarnoff All right. Mr. Lavernia: -- to be approved by Class II Special Permit with limitations set forth. Planning Department recommend approval, and the City Commission passed first reading on October 22. Chair Sarnoff All right. Do we have a motion? Vice Chair Carollo: Move it. Commissioner Suarez: I'll second the motion. Chair Sarnoff Second. Public hearing is opened. Anybody from the public wishing to speak on PZ.2? Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right, PZ.2 passes. PZ.3. Priscilla A. Thompson (City Clerk): No, no, no, no. I'm sorry. PZ.2 is an ordinance. Julie O. Bru (City Attorney): It's an ordinance. Chair Sarnoff Oh, I'm sorry. Ms. Bru: I need to -- Chair Sarnoff Well, we knew that. We were just seeing if you were listening. Ms. Thompson: Didlpass? Chair Sarnoff Well, you're a little slow on the trigger, but -- Ms. Bru: Mr. Chair. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. PZ.3 09-00752zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 620, "SD-20" EDGEWATER OVERLAY DISTRICT; "SD-20.1" BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT, IN ORDER TO MODIFY USE REGULATIONS TO ALLOW FOR ACCESSORY PARKING ON "R-4" DESIGNATED PROPERTIES, ABUTTING "C-1" DESIGNATED PROPERTIES FRONTING BISCAYNE BOULEVARD BY SPECIAL EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN City ofMiami Page 7 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 EFFECTIVE DATE. 09-00752zt Zoning Map.pdf 09-00752zt Aerial Map.pdf 09-00752zt PAB Reso.pdf 09-00752zt CC Legislation (Version 2).pdf 09-00752zt CC FR 11-19-09 Fact Sheet.pdf LOCATION: "SD-20" Edgewater Overlay District; "SD-20.1" Biscayne Boulevard Edgewater Overlay District [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 15, 2009 by a vote of 7-0. PURPOSE: This will allow for accessory parking on "R-4" designated properties abutting "C-1" designated properties fronting Biscayne Boulevard by Special Exception. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff All right, PZ.3. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.3 is also an amendment to 11000 to allow for accessory parking on R-4-designated property that are abutting designated properties designated C-1 and that are fronting Biscayne Boulevard. This will be by a special exception. The Planning Department recommend approval and the Planning Advisory Board recommend approval, 7-0. Chair Sarnoff All right. Commissioner Suarez: I'll make the motion. Chair Sarnoff Is it -- is there a second? Vice Chair Carollo: I second the motion. Chair Sarnoff All right. Public hearing is opened. Anybody from the public wishing to be heard on PZ.3, please step up. Hearing none, seeing none, the public hearing is closed; comes back to the Commission, and it is an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 8 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Ms. Thompson: The ordinance has been passed on first reading, 3-0. PZ.4 09-00753zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTIONS 602.3, "CLASS II SPECIAL PERMIT" AND 602.5 ENTITLED "PERMITTED ACCESSORY USES AND STRUCTURES," TO ALLOW OPEN AIR GREEN MARKETS IN THE "SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00753zt Zoning Map.pdf 09-00753zt Aerial Map.pdf 09-00753zt PAB Reso.pdf 09-00753zt CC Legislation (Version 2).pdf 09-00753zt CC FR 11-19-09 Fact Sheet.pdf LOCATION: "SD-2" Coconut Grove Central Commercial District [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval with modifications to add the colors of yellow and orange to Section 602.5.1, Item 9 of the legislation, to City Commission on July 15, 2009 by a vote of 7-0. PURPOSE: This will allow open air green markets in the "SD-2" Coconut Grove Central Commercial District by Class II Special Permit. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff All right, PZ.4. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.4 is an amendment to ordinance 11000 in order to allow open air green markets in the SD-2 Coconut Grove Central Commercial District. We did an amendment like this for SD-10 that has been very successful in the Jackson area, so we're trying the same use to Coconut Grove too. When we present that to the PAB (Planning Advisory Board), the amendment to SD-10, they asked for an additional condition, that the Planning Department said each vendor shall conduct business within a 10 by 10 white or green moveable canopy. PAB wants to add the possibility for other two colors, yellow and orange. That was an SD-10, and they -- Chair Sarnoff Are they -- what are they, UM (University ofMiami) -- are they UMfans or something? Mr. Lavernia: They did the same condition when they approve it 7-0 to include those two colors, so you have two options. The Planning Department is white and green and the Planning Advisory Board is white, green, yellow and orange. We tried to have some uniformity in the look City ofMiami Page 9 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 of the green market. That's why we put only two colors. Chair Sarnoff If you wanted to move it with the yellow -- what was the first two colors? Mr. Lavernia: White and green -- Chair Sarnoff White and green. Mr. Lavernia: -- was the Planning Department. Chair Sarnoff Right. Mr. Lavernia: The Planning Advisory Board, white, green, yellow and orange. Chair Sarnoff I think somebody got their UM issues caught up. Unidentified Speaker: Nothing wrong with that. Chair Sarnoff Well I don't mean to offend you UM guys, and I didn't go to UM, so don't worry. I was a Tampa boy. Can I get a motion on -- based on the Planning Department's recommendations? Commissioner Suarez: Planning was white and green? Chair Sarnoff Yes. Commissioner Suarez: I'll make a motion for it to be white and green. Chair Sarnoff Thank you. Vice Chair Carollo: I second the motion. Chair Sarnoff All right. We have a motion and we have a second. Oh, I'm sorry, public hearing. Would anybody like to tell me how they like orange and -- what was it? Commissioner Suarez: Orange and green. Mr. Lavernia: Yellow and orange. Chair Sarnoff Yellow and orange. Commissioner Suarez: White and green. Was it yellow and orange? Chair Sarnoff Is there any -- I'm sorry. Is there anybody who would like to -- I'm opening the public hearing for PZ.4 even if you don't like yellow and orange or green or whatever. All right, I'm going to close the public hearing, coming back to the Commission. It is an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. City ofMiami Page 10 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 PZ.5 09-00872zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "HISTORIC PRESERVATION", BY AMENDING SECTION 23-2, ENTITLED "DEFINITIONS", BY ADDING A DEFINITION OF DEMOLITION BY NEGLECT; FURTHER ENACTING A NEW SECTION 23-9.1, ENTITLED "DEMOLITION BY NEGLECT", WHICH WILL PROHIBIT DEMOLITION BY NEGLECT OF DESIGNATED HISTORIC PROPERTIES; REQUIRE AFFIRMATIVE MAINTENANCE OF THESE PROPERTIES; PROVIDE MINIMUM MAINTENANCE STANDARDS; PROVIDE FOR RELIEF DUE TO ECONOMIC HARDSHIP; PROVIDE FOR CODE ENFORCEMENT REMEDIES; PROVIDE FOR CIVIL PENALTIES AND INFRACTIONS INCLUDING LIENS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00872zt HEPB Reso.pdf 09-00872zt CC Legislation (Version 1).pdf 09-00872zt CC FR 11-19-09 Fact Sheet.pdf Votes: LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board recommendation. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval to City Commission on August 4, 2009 by a vote of 6-0. PURPOSE: This will prohibit demolition by neglect of designated historic properties; require affirmative maintenance; provide minimum maintenance standards; provide for relief due to economic hardship; provide for code enforcement remedies; and provide for civil penalties and infractions including liens. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff All right. Now we're up to PZ.5. Ellen Uguccioni (Planning): Good afternoon, Mr. Chairman, members of the Commission. My name is Ellen Uguccioni. I'm the preservation officer. This is an amendment to Chapter 23, our historic preservation ordinance, to include a demolition by neglect provision. The ordinance has been amended a few times before, but this is a real initiative by the Historic and Environmental Board that states absolutely, unequivocally that if you let a structure fall into ruin, that it is in fact an action that we can pursue through Code Enforcement and, then, if necessary, through civil action. So we are adding this. There is -- there are provisions for undue hardship, and it is something we think is necessary because it's not in our ordinance, and we don't want anyone to be mistaken about the standards for preservation. Chair Sarnoff And this would only be in regards to historically designated properties in the City ofMiami Page 11 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 City ofMiami? Ms. Uguccioni: That's correct, sir. Chair Sarnoff All right. Is there a motion? Commissioner Suarez: Yes. I'll make a motion. I just have a question after -- if it's been seconded. Chair Sarnoff Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff All right. Let me open up the public hearing. Is there anybody wishing to be heard on PZ.5? Hearing no one and seeing no one, I am going to bring it back to Commissioner -- to the Commission, and Commissioner Suarez is recognized for the record. Commissioner Suarez: My only question is on this ordinance, you're saying that this only affects historically preserved pieces of property? Ms. Uguccioni: Historically designated. Commissioner Suarez: Pieces of property. What about historically designated neighborhoods? 'Cause I know, for example, that Coral Gate home -- you know, Coral Gate is a -- Ms. Uguccioni: Right. Commissioner Suarez: -- historically preservated [sic] -- preserved neighborhood. Ms. Uguccioni: The Historic Preservation Board -- Commissioner Suarez: Right. Ms. Uguccioni: -- actually has to designate through an ordinance -- Commissioner Suarez: Right. Ms. Uguccioni: -- that a property meets conditions. Coral Gate, for example, has not yet been designated officially as an historic district, so only the properties, the individual sites, Vizcaya -- Commissioner Suarez: Right. Ms. Uguccioni: -- and so forth, and the historic districts, Palm Grove, Morningside, all of those would be included in this provision. Commissioner Suarez: Thank you. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Commissioner. Vice Chair Carollo: My question is just for more understanding. And correct me if I'm wrong, it's my understanding that properties, homes that are designated -- are historically designated need to be upkept [sic]. If they are not, then the person is fined. Is that correct? Is that --? City ofMiami Page 12 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Ms. Uguccioni: The person is cited, sir, by the Code Enforcement Department. Vice Chair Carollo: Is cited. Now, is that presently already in our books that state that Code Enforcement can already cite? Ms. Uguccioni: Yes. Vice Chair Carollo: So what does this ordinance do? Ms. Uguccioni: I think, first of all, this is an affirmative initiative. It's in the ordinance now, and it clearly states that you need to maintain the property, as well as every citizen in the City of Miami. We have had some instances, and not that many, I'm happy to say, that I'm aware of where people have neglected properties and they have had to be demolished 'cause it became public hazards, actually. East Coast Fisheries was one; the Cola Nip building in Overtown was one. So we want people to be aware that in historic properties, particularly they're very special and they need to be upkept [sic]. What's different about this ordinance and what it goes beyond in terms of Code enforcement is that it allows for civil action by the Law Department to lien the property and go -- it has to go through Code Enforcement Board and so forth. All that process stays the same, but we've never had the ability to lien a property before. Vice Chair Carollo: And I'm not an attorney, so I'm -- I would ask the City Attorney -- and I believe I know the answer -- so if you put a lien on the property, yes, you have a lien should they sell or so forth. However, you cannot take the residents out of their property; is that correct? Julie O. Bru (City Attorney): We're not authorized to foreclose on homestead property. Vice Chair Carollo: Exactly. And the only difference here would be that you now, through the Law Department, could actually put a lien on the property? Ms. Uguccioni: Yes, sir, and we hope that it never has to happen. Vice Chair Carollo: Well, I do also, but at the same time, I'm seeing, you know, people that could -- I'm looking for someone that really cannot do the upkeep because they can't pay for it -- Ms. Uguccioni: I understand. Vice Chair Carollo: -- and the last thing I would want is for you to actually pull them out of that home -- Ms. Uguccioni: I understand. Vice Chair Carollo: -- 'cause I don't know where they would go, so -- Ms. Uguccioni: Yes, sir. Can I call your attention to paragraph B, which is on the second page of the ordinance? It's unreasonable or undo economic hardship. The board may grant an owner an extension of time to comply or limit the scope of the corrective work, so this provision is intended to take into account a person's financial ability to pay for those repairs. Vice Chair Carollo: And that's what I wanted to establish, so thank you. Ms. Uguccioni: You're welcome. Commissioner Suarez: I just want to ask one more question. My question is -- and maybe I'm not understanding the ordinance myself. This is not going to in any way -- because, as Commissioner Carollo said, in a historically designated property, we want it to be upkept [sic], City ofMiami Page 13 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 we want it to -- that's the purpose. This is not going to if any way give people an incentive to abandon a property in a sense because then it can be demolished. Is that -- am I understanding it correctly or am I misunderstanding it? Ms. Uguccioni: Well, sir, I'm not sure ifI can answer it well enough for you, but as I see it, this is the same provisions that now exist for all properties -- Commissioner Suarez: Right. Ms. Uguccioni: -- within the City ofMiami in terms of the Code enforcement process that will continue. Commissioner Suarez: Okay. Ms. Uguccioni: What happened, let's say at the Cola Nip building, is the Historic Board did not have the authority to pursue this, you know, through the Law Department and so forth. So if we have an instance where it really goes to pot and it's -- there's no hope or -- and there's no hope that it can be restored, we don't want that to happen again. We want to have an ability to move a little faster and more effectively. Commissioner Suarez: I see. Thank you. Ms. Uguccioni: Thank you. Chair Sarnoff All right. So we have a motion and a second. Madam City Attorney, it's an ordinance. Ms. Bru: Yes, Mr. Chair. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. PZ.6 09-01071 ORDINANCE First Reading NOTE: This item will be heard as the last item on this agenda. AN ORDINANCE OF THE MIAMI CITY COMMISSION DESIGNATING THE PUBLIC RIGHT-OF-WAY ALONG BISCAYNE BOULEVARD FROM APPROXIMATELY THE MIAMI RIVER NORTH TO NORTHEAST 36TH STREET, THE RIGHT-OF-WAY WIDTH IS AS FOLLOWS: FROM SOUTHEAST 4TH STREET TO SOUTHEAST 2ND STREET (100'), FROM SOUTHEAST 2ND STREET TO NORTHEAST 6TH STREET (230'), FROM NORTHEAST 6TH STREET TO NORTHEAST 8 STREET (168'), FROM NORTHEAST 8 STREET TO NORTHEAST 9TH STREET (150'), FROM NORTHEAST 9TH STREET TO NORTHEAST 12TH STREET (220'), AND NORTHEAST 12TH STREET TO NORTHEAST 36TH STREET (100'), MIAMI, FLORIDA, AS A SCENIC TRANSPORTATION CORRIDOR PURSUANT TO CHAPTER 17, SECTION 17-31 (B) (3), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ENVIRONMENTAL City ofMiami Page 14 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 PRESERVATION DISTRICTS"; AMENDING THE OFFICIAL HISTORIC AND ENVIRONMENTAL PRESERVATION ATLAS OF THE CITY OF MIAMI; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01071 Land Use Map.pdf 09-01071 Zoning Map.pdf 09-01071 Aerial Map.pdf 09-01071 Designation Report.pdf 09-01071 HEPB Reso.pdf 09-01071 PAB Reso.pdf 09-01071 CC Legislation (Version 2).pdf 09-01071 CC FR 11-19-09 Fact Sheet.pdf LOCATION: Approximately the Public Right -of -Way along Biscayne Boulevard from Approximately the Miami River North to NE 36th Street, the Right -of -Way Width is as Follows: From SE 4th Street to SE 2nd Street (100'), from SE 2nd Street to NE 6th Street (230'), from NE 6th Street to NE 8th Street (168'), from NE 8th Street to NE 9th Street (150'), from NE 9th Street to NE 12th Street (220'), and NE 12th Street to NE 36th Street (100') [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board recommendation. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval to City Commission on September 1, 2009 by a vote of 8-0. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 7, 2009 by a vote of 9-0. PURPOSE: This will designate sections of Biscayne Boulevard as a scenic transportation corridor and amend the Official Historic and Environmental Preservation Atlas to reflect this designation. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff All right, PZ.6. Priscilla A. Thompson (City Clerk): That's supposed to be the last item discussed on the agenda. You have a note on your agenda that says this item will be heard as the last item on the agenda. Chair Sarnoff I think everybody's here, right? Commissioner Suarez: Yeah. Chair Sarnoff Let me just -- I think it's okay. We're just going to continue on. Elvis Cruz: Commissioner, ifI may? We still have a state representative and some FDOT City ofMiami Page 15 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 (Florida Department of Transportation) officials that I've been told are en route, so if you could take one more item first. Chair Sarnoff Then we will pass you and move to PZ.7. Mr. Cruz: Okay. If we could go after that, it'll probably be good. Chair Sarnoff You just let me know. We're here to serve. [Later..] Chair Sarnoff PZ.6. Ellen Uguccioni (Preservation Officer): Good afternoon, again, Mr. Chairman, members of the Commission. Ellen Uguccioni, preservation officer. The item before you is whether or not Biscayne Boulevard from the river to Northeast 36th Sfreet is significant enough, is distinctive enough to call it a scenic transportation corridor. Andl wanted to just give you a little moment of context as I learned this myself. The scenic fransportation corridors and environmental preservation districts in the City ofMiami were created in 1974 before there was an Historic and Environmental Preservation Board. There are not that many scenic fransportation corridors in the City. We have South Bayshore Drive, Coral Way, and others. But what we are doing in recognizing them as scenic fransportation corridors is acknowledging their importance to the city. We begin by talking about the early '20s and how the Boulevard was such a major arterial and center for commerce and for meetings and people gatherings, and it continued. During the Depression, the Biscayne Boulevard moved forward. It was really the only -- the biggest project in town. It has always been, again, a place where people from the north came to Miami, the tourists, that was their route. It's also significant as a Blue Star Highway commemorating veterans of the wars. And we even talked about something very recent, the Burle Marx patterns in front ofAmerican Airlines Arena. So the scenic transportation corridor is important, we believe, because not only because of its landscaping, its medians in some places, but also some of the more recent improvements, and we're asking your approval. Chair Sarnoff All right. I'm going to open up this for -- I'm going to do something a little different. I'll open it up for a public hearing. Anyone from the public wishing to address this particular item, please step forward. Mr. Cruz: Mr. Chairman, Elvis Cruz, 631 Northeast 57th Sfreet, vice president of the Morningside Civic Association. And we're actually the applicant on this item and, as such, I'd like to make a presentation. Going to have Sean -Paul Melito give you a short PowerPoint, and then I'm going to have some other comments, and bring up some other speakers. I also want to recognize some officials from the Florida Department of Transportation that are here. If you could raise your hands, please. There they are, the good men of it -- and ladies of FDOT. Chair Sarnoff I recognize Alice; I recognize Gus. Who else is back there? I see, okay. Mr. Cruz: They're very good people; let's treat them well, and hopefully, they'll freat us well. Ms. Thompson: Excuse me, chair. Are you going to establish a time limit for your speakers? I just -- Chair Sarnoff Elvis, can you get this done, in total, with your presentation in ten minutes? Mr. Cruz: I believe so. Chair Sarnoff Okay. City ofMiami Page 16 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Mr. Cruz: Well -- Chair Sarnoff Let's give him ten minutes. Mr. Cruz: -- as far as us two, then there's the other members of the public that's -- Chair Sarnoff Right. I'm only holding you to your -- Mr. Cruz: Sure. Chair Sarnoff Sure. Mr. Cruz: Also, is State Representative Bush here? He said he was going to come. He may not have been able to make it. And there may have been a representative from Senator Dan Gelber's office. He was coming down from Tallahassee, but we'll have a letter that we'll read from Senator Gelber. So Sean Melito. Sean -Paul Melito: Good evening, Mr. Chairman, members of the City Commission. I'm Sean -Paul Melito, and I reside at 600 Northeast 36th Street, in Miami. Commissioners, we're here tonight because we love our great City ofMiami, and tonight you have a chance to honor our young history by correcting a glaring omission, something that should have been done years ago, namely the designation of our beautiful historic gateway, Biscayne Boulevard, as a scenic transportation corridor, and to preserve this veterans' memorial. How historic is Biscayne Boulevard? As enlightened Miamians, I'm sure you're all familiar with the devastating Category 4 hurricane that destroyed much ofMiami on September 18, 1926. With 372 lives lost, it remains the loth deadliest hurricane in US (United States) history. Yet, only seven weeks after this devastation, in an effort to boost the City's morale, an elaborate ceremony was held on Armistice Day November 11, 1926. As the nation watched, Miami Mayor Ed Romjh presided over a celebration of eight years of peace since the Great War alongside Miami's newly proclaimed Arbor Day. It was at this ceremony that Mayor Romfh dedicated the new beautifully landscaped Biscayne Boulevard as a living memorial to veterans of all wars, past and future. Shortly after World War II, Biscayne Boulevard was again dedicated. This time as a Blue Star Memorial Highway by the State Road Department of Florida; today's FDOT. Blue Star Memorial Highways are roadways in the United States that pay tribute to the US Armed Forces. Biscayne Boulevard's original landscape design, including its tight linear flanking rows of royal palms and grassy wales are excellent examples of the "City Beautiful" concept and street design that was very popular in the 1920s. As you see here, its beautiful tropical gateway landscaping has been maintained for the past 83 years, until today. Please know that there is much urgency to this proposed protective designation of Biscayne Boulevard. FDOT has begun a project that calls for the removal of approximately one-third of these royal palms, effectively changing this beautiful historic landscape forever. FDOT has shown in the past that it does not always preserve historic landscaping when rebuilding a street, in particular Miami's premier show street, Biscayne Boulevard. When FDOT first proposed renovating Biscayne Boulevard in 2000, here's a brochure they published. Aptly named the Gateway Gazette, you can see that the concept of royal palms lining the boulevard was conveyed. Here's a picture of upper Biscayne Boulevard before that project. Notice the tight line of full-grown royals and the grassy Swale. Here's a picture after construction. No more full-grown royals, no grassy Swale; only hot reflective concrete, which is neither historic nor pedestrian friendly, and a handful of saplings. I'm hopeful that you all feel our historic boulevard deserves more than this. Royal palms are not only native to the Caribbean islands and to the southern coasts of Florida, but the royal palm is also the official free of this great city, as we all see here in this hall tonight on the City seal on the wall behind you. Oddly enough, Biscayne Boulevard's royal palm and grassy Swale landscape is ten years older than that of Coral Way, yet Coral Way was declared as historic and protected as a scenic transportation corridor decades ago. Biscayne Boulevard has yet to City ofMiami Page 17 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 receive the same protection, even though it's placed in Miami history is as significant, if not more so, than Coral Way. In fact, not only is it our world-famous show street, it's also a veteran -- excuse me -- a memorial to our veterans. Please, protect this important Miami -- part of Miami history dedicated and celebrated time and again as a living memorial to our veterans, for even today as we speak and sit here tonight, our young men and women are still fighting and dying overseas. Thank you. Applause. Mr. Cruz: Thank you, Sean. Commissioner Suarez: Thank you. Mr. Cruz: Ladies and gentlemen, the effort to preserve this historic veterans' memorial is stuck between two different agencies. As you saw, the story begins with the dedication of Biscayne Boulevard as a veterans' memorial in 1926. From there, let's jump forward to the year 2000 when FDOT was planning to rebuild upper Biscayne north of 38th Street. There were many public hearings on the project, and at the very first one this brochure was given out by FDOT. Notice the picture of the completed project with the royal palm standing. We thought it was wonderful that the historic palm frees were going to be preserved. But to make a long story short, the royal palms were not only removed before construction began, but also before the landscaping plan was even finalized. FDOT told us royal palms could return if they were part of the landscaping plan, but when the landscaping plan was presented, it was a done deal, a completed document with only a sprinkling of token royals in a few medians. FDOT said the City ofMiami had told them they wanted the royals removed and replaced with shade frees. And I need the video up on the PowerPoint, please, the control room. Okay, here we go. Okay, let me continue. In October of 2005 -- oh, yeah -- FDOT said the City ofMiami had told them they wanted the royals removed and replaced with shade frees, but in October of 2005, the City had written to FDOT, "We reiterate that the existing royal palms are to remain unless their condition warrants their removal." In January of 2006, the City again wrote to FDOT saying, "The City would like to see as many of the existing royal palms retained as healthy and those deemed unhealthy replaced." Meanwhile, Sean -Paul Melito spent many hours doing research and found all the amazing history he just showed you. And here's the bizarre part. You've heard of institutional memory. This is an extreme case of institutional amnesia. Here we had a veterans' memorial which had been dedicated by our city and state governments; yet, years later, these same city and state governments no longer remembered their own memorial. On January 26, 2007 FDOT wrote, "FDOT has conducted and will continue to conduct public involvement for all Biscayne Boulevard projects." In that same letter FDOT wrote, "An evaluation of the historical significance of the boulevard concluded that the corridor no longer retained sufficient integrity to convey its significance." How could this be? How could this report from the City find so much history while the State found none? We eventually got a copy of the State's evaluation, and here it is. And the mystery was soon solved. The State only studied the historic value of the properties abutting the street and not the historic value of the street itself. Seeing what was happening, the Morningside Civic Association did research and found that Biscayne Boulevard had never been declared a scenic transportation corridor, unlike Coral Way, Main Highway, or South Bayshore. So we sent our application letter in January of 2007 and nothing happened from the City, so we sent the letter again, this time by certified mail, in June of 2007, and again, we heard nothing from the City. We made phone calls and asked questions, but nothing happened till the summer of 2009 when the City finally began the designation process. But then, without having had any public hearings to show the proposed plans and get feedback from the public, FDOT announced that they would begin reconstructing lower Biscayne in August 2009 even though FDOT had promised continuing public involvement back in January 2007. They now admit, "The public involvement meeting occurred in September 2006 and no other public meetings occurred after this date." The public never had a chance to come before you or FDOT and bring forth the evidence that you've seen here today. So here we are frying to City ofMiami Page 18 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 get scenic transportation corridor status to protect royal palms which the contractor has already begun removing. Members of the City Commission, officials of the FDOT, please do everything in your power to preserve this veterans' memorial as it was intended to be when it was first dedicated by Mayor Edward Romfh. Mayor Romfh is no longer with us. He passed away in 1952. His daughter-in-law Emily Romfh, still lives in the City, but she's 83 years young and has some health issues and was not able to attend tonight, so we certainly wish her all the best. Over the years, as some of the palms became weak or died off they were not replaced. Ironically, just a few minutes ago on today's agenda, the City passed an ordinance to prevent demolition by neglect, even as this veterans' memorial has suffered from years of neglect and that neglect is being used as a rationale to remove them. You saw this slide earlier, which shows the State of Florida designating a Blue Star Memorial Highway, but what exactly does "Blue Star" mean? It refers to the Blue Stars which were placed on service flags, like this one, which were displayed on the homes of families, beginning in World War II -- excuse me -- World War I and throughout World War H. I'm going to go ahead and take a pause because you're supposed to be seeing some video. I'm apparently having a computer issue. I'm going to have some other speakers come up now. I'd like to continue, with your permission. Thank you. So next I'd like to ask a letter be read into the record. This letter is from State Senator Dan Gelber, who, unfortunately, was not able to be here today. He was in Tallahassee for the special session. Kathleen O'Neil: Good evening, Chairman and Commissioners. My name is Kathleen O'Neil. I live at 3301 Northeast 5th avenue. And this is a letter from Senator Dan Gelber to Secretary of Transportation Kopelousos. Secretary Kopelousos: "The full-grown royal palms along Miami Beach Boulevard were first planted in the 1920s and ceremonially dedicated on Armistice Day November 11, 1926 as a living memorial to America's veterans of all wars, past and future by then Miami Mayor Edward Romfh. Some of my constituents are very concerned that the reconstruction project plans take out approximately 100 full-grown royal palms along the designated historic and scenic corridor. The constituents in my district are concerned that the Department is not aware of this living veteran's war memorial. I understand the project has been in existence for many years and there had been extensive coordination to retain as many existing royal palms as possible. However, keeping the royal palms in place as a designated veterans' memorial is of the utmost importance. I appreciate your cooperation on this matter. Sincerely, Senator Dan Gelber." Mr. Cruz: Mr. Chair, if you could go ahead and open the public hearing, and then I'll see ifI can get this going. Chair Sarnoff Anyone from the public wishing to be heard, please step up to the microphone now. Yes, sir. Can you state your name for the record? Ralph Ashley: Hello, folks. My name is Ralph Ashley. I'm the commander of VFW (Veterans of Foreign Wars) Post 1608 here in Miami, 2750 Southwest 16th Street. I was born and raised here in Miami, the early '30s. I've seen it grow from a small beautiful, safe town to what it is now, whatever that might be. Biscayne Boulevard has always been part of my life, especially being it is a memorial to our veterans. I think it would be a shame and a disgrace to ruin this beautiful thing and ruin our beautiful city. Thank you. Chair Sarnoff Thank you, sir. Applause. Mauricio Rafael Montejo (phonetic): Excuse me. My name is Mauricio Rafael Montejo (phonetic), Navy retired, and I'm here to say something. I want to make a package deal. We're notgoing to win. I can tell we're notgoing to win. But can we do something to get those plants - - palms relocated to a different area? City ofMiami Page 19 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff Well -- Mr. Montejo (phonetic): And I know they're huge. And if they're too big, can we get smaller ones, memorial places for the veterans? Can we do something? Can we make a deal? Chair Sarnoff The palms -- you're here for something different, but the palms that have been removed so far have been placed in parks. Mr. Montejo (phonetic): Yeah, but there's going to be more palms removed. Chair Sarnoff If you're unsuccessful. But I can tell you that my office has been successful in putting all the palms pretty much up and down the boulevard and pretty much right where, what is it, 395, right around -- Mr. Montejo (phonetic): I don't know; you tell me. Chair Sarnoff Well, they're being -- the palms that have come down have been placed up around the blue -- what is it, blue marine -- Marina Blue and around that area right there. I'm just telling you -- Mr. Montejo (phonetic): We want -- Chair Sarnoff -- I understand what you're saying. I'm not -- Mr. Montejo (phonetic): -- the palms -- Chair Sarnoff -- advocating the palms come down, but those that have come down have been replaced -- have been replanted. Mr. Montejo (phonetic): Where? Chair Sarnoff You're asking -- it's right by the dog -- we call it the dog park by Marina Blue. Do you want to say whether, Alice? Mr. Montejo (phonetic): Well, we want to know -- Chair Sarnoff Can you step up, please? Just take the other side of the podium. And just state your name for the record, Alice. Alice Bravo: Good evening. Alice Bravo, Florida Department of Transportation. Yes, the relocated palms have been moved to three locations, Stearns Park, Albert Pallot Park, and Northeast 38 Street near the 195 facility. Mr. Montejo (phonetic): Can I ask you a question? Are those just public parks or they're military? Ms. Bravo: I'm not aware. Chair Sarnoff They're public parks. Mr. Montejo (phonetic): Well, we want those palms in military parks, military graveyards, anything with the military. Chair Sarnoff Okay. City ofMiami Page 20 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Mr. Montejo (phonetic): Because those the people that deserve it. Chair Sarnoff Okay. Mr. Montejo (phonetic): That's all we're asking. Chair Sarnoff Okay. Mr. Montejo (phonetic): It's not much. Chair Sarnoff I understand. Mr. Montejo (phonetic): Okay. Thank you very much. Chair Sarnoff You're welcome. Michael Hiscano: Commissioner. Chair Sarnoff How are you? Mr. Hiscano: My name is Michael Hiscano. I was born in here in Miami, a Miami native of 2020 Northwest 97th Street. I'm also a United States Navy veteran. I'm a local historian and a history buff and an officer of the Miami Memorabilia Collector's Club as well. I've grown up here all my life. Biscayne Boulevard has always been the signature of the City ofMiami. It's been on every postcard, every picture that you've ever seen. It was the site of our Orange Bowl parade, which is sadly gone. It is a trademark of the City. Since it is also a veterans' memorial, to me that constitutes hallowed ground. This is -- be akin to going to Arlington National Cemetery and pulling up trees just because you wanted to redecorate. Okay, that wouldn't be done. There would be an outcry that would be heard around the world, andl think Miami should stand up and be proud to say we honor our veterans and not tamper with these memorials, which we have so few of. Okay. Thank you for your time. Chair Sarnoff Thank you for coming. Jack Fender: My name is Jack Fender. I'm a veteran of the U.S. Army. I'm here to respectfully request that you consider preserving this memorial to veterans. I'm not an eloquent speaker, but I appreciate your listening, and I do hope that you will take affirmative action toward preserving this. As a child, when we visited Miami, the most vivid thing many my mind is driving down Biscayne Boulevard and the beautiful palm trees, and I look there to see the palm trees. Thank you. Chair Sarnoff Thank you, sir. Applause. Arva Parks: My name is Arva Parks. I live at 1601 South Miami Avenue, and I'm a historian. And I'm here tonight in support of the scenic transportation corridor ordinance before you, but think it's more to it than meets the eye, which is this ordinance, and it has to do with what everyone else has said; I won't need to repeat it, about the importance of Biscayne Boulevard, but I'm quite perplexed, I have to tell you, since I have had dealings with the Department of Transportation some years ago over Venetian Causeway, and they were required after they -- we mentioned it to them to do under the federal law, Section 106 of the federal historic preservation law of 1966. I served on the Federal Advisory Council for nine years, so I'm very familiar with Section 106. Now, I'm assuming that this report that Elvis held up was their attempt to comply with Section 106. However, they studied the wrong thing. They studied the sides of the road. City ofMiami Page 21 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Now, I don't know -- I'd like to think they didn't do that intentionally, but whether they did it intentionally or not, it didn't address the real 106 issue, which is the highway itself. I could, in a very brief period of time, justify that it's national register eligible, the road itself. You've heard all the things mentioned when it was built. Incidentally, it was built by the City ofMiami. It's the finest street ever built. Brickell Avenue was built by the Brickell family. This is a City of Miami street. You've heard all the information. The sfreet itself could certainly meet the criteria, which means they needed to do a more careful 106 review and not talk about -- so the whole situation is very distressing. I think the first step is to pass this scenic corridor, but I think the second step is to ask these very serious questions, and ask why a 106 review was not done on the sfreet itself. Just recently, I learned that the landscape architect November then was Warren Manning. Warren Manning is a nationally famous architect, kind of in the league of olmestead. He designed our park and designed the original Biscayne Boulevard. I just learned this myself but -- so I hope you'll ask those questions. And it's a travesty to have the palms leave, and I hope that we get the scenic transportation corridor. At least that's step one for the future. Thank you. Chair Sarnoff Thank you. Mr. Cruz: Mr. Chairman, I think I'm ready to -- I think I got it figured out. Okay. You saw this slide earlier, which shows the State of Florida designating a Blue Star Memorial Highway, but what exactly does "Blue Star" mean? It refers to the Blue Stars which were placed on service flags, like this one, which were displayed on the homes of families, beginning in World War I and throughout World War II. There was one star for every family member serving in the military. And if one of those family members were killed while serving, the Blue Star would be replaced with a gold star. This film clip from "Saving Private Ryan" shows what it was like to be the mother of a soldier fighting in World War II hoping the day would never come when you would see an official U.S. Army staff car coming up your driveway because you would immediately know why it was coming. Scenes like this have been repeated 650,000 times in the history of our country, for that is the number ofAmericans who have given their lives on the field of battle for our freedom. It is to honor those 650,000 Americans and the millions of veterans who were fortunate enough to have survived military service, some with visible wounds, some with invisible wounds, that the royal palms of Biscayne were dedicated by both this City and this state. Are all the sacrifices made by our veterans living and dead any less important today than they were on November 11, 1926 or December 7, 1941 or June 6, 1944 or everyday since September 11, 2001? Does everyone here fully understand the bizarreness of this issue? A small group of private citizens has had to work long and hard for several years and have been ignored in order to get their own city and state to recognize and protect a veterans' memorial that was dedicated by that same city and state and then forgotten. City ofMiami, please designate Biscayne Boulevard a scenic transportation corridor. More importantly, State of Florida Department of Transportation, please do the right thing. Please spend the money to make the changes to preserve this historic, living memorial to our veterans as it was first designed. At this time, I'd like to ask everyone here in support of preserving the royal palms at Biscayne Boulevard to please stand and be recognized. I want to thank all of you for coming, especially the veterans that are here. It has been our pleasure to fight this good fight, to preserve your memorial. I salute you, but more importantly, I thank you for your service to our country. Thank you. Chair Sarnoff Elvis, I think Representative Bush has come in. Do you want --? Mr. Cruz: Is he here? Chair Sarnoff Yes. He's -- would you like to speak, representative? Come on up. James Bush: Thank you, Mr. Chairman. Let me first say that I'm here because, first of all, I represent the area that this project is targeted. And I'm here because I received calls from my constituents in this district. And also I'm here because the Department of Transportation is a part of this process, and I need to make sure that we preserve and do what is right to make sure City ofMiami Page 22 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 that the veterans who have given their lives and served this country and the freedom that we are now enjoying is, for the most part, for their service. However, I know there's issues on both sides of the aisle, and I certainly want to -- I would hope that whatever we do in the vote that will be taken based on the revitalizing the Biscayne Boulevard area to make it more pedestrian friendly, that we would take under consideration those that have actually fought for this country. In saying that, I have talked very extensively with the Department of Transportation, carrying out my fiduciary responsibilities as the representative of the district, and I would like to propose tonight a meeting that would like to conduct and convene with all of the groups involved, which is the citizens of that area, the Civic Association, as well as the Department of Transportation, and ifI can get the City to work along with me so we can have a meeting to talk about how we can begin to discuss possibly a revised version of what has already been presented and how we can prevent the timelines that has already been established to carry out this project. So there's several things that was going to mention, but think that I'm -- would just eliminate some of the suggestions that I've put on paper and just say that if you would consider allowing me to convene a meeting with all of the parties and hopefully that y'all can provide the space basically on Biscayne if you have any spaces available in that area so that we can allow the citizenry of the area -- the targeted area as well as both parties that's involved so that we can come up with a resolve so we can move forward to make the area a beautiful place that we can be proud of. And certainly, we want to respect the veterans who in, I think, 1932 this was presented for so that we can keep moving in the right direction with this city. So that would be my remarks and that would be my suggestion to this group and this project. If you have any questions, I'll be glad to answer any questions. Chair Sarnoff Thank you, representative. Appreciate it very much. We will -- I think we'll try to take you up on your offer. Mr. Bush: Okay. Thank you. Chair Sarnoff Go ahead, sir. Juan Carlos Garrido: My name is Juan Carlos Garrido, J.C. Garrido. My residence address is 2324 Southwest 26th Sfreet, Silver Bluff. I just want to mention one thing, very simple. I was going to give my two minutes worth to Elvis Cruz. What Mr. Cruz has done is incredible. He has worked diligently and for everybody here in the City, as everybody knows. In any event, just to take you back to 1962, I was only four years old, but remember going to the Freedom Tower with my mom and the rest of our family to pick up a pack of ham and a pack of cheese, and there were other kids there. And we traveled down Biscayne Boulevard, all the way down to 79th Sfreet, believe it or not. We had to spend eight hours sometimes there. And I remember those trees. Mr. Commissioners, Mr. Chairman, if you look behind you, there's a seal where there's a royal palm, and that seal was designed by the first Afro-American chief of police. And if you go into history, like Ms. Parks mentioned, you got to preserve history. History is the essence of our beginning. Like my children are born and your children are born, things happen for some reason. Preserve those frees. I understand the veterans. I understand their feelings, but preserve those trees and make it a Memorial Highway. It's called Biscayne Boulevard, and a boulevard, if you go into the dictionary, you're going to get a lot of different definitions, a lot of different definitions. I know very well the City ofMiami -- Commissioner Suarez knows me very well and I've done a lot of work here in the City ofMiami ever since I started architecture. Do something for this boulevard. Leave those frees alone. Leave them alone and do something around them. Preserve that. In Cuba there is a place called El Valle De Vinales, and when you look at it -- and I'm waiting to go back to my -- where I was born to look at my country. Never been there. Butl went to Dominican Republican and I, more or less, see the climate and the atmosphere that's there. Preserve those trees. It's a main thoroughfare ofMiami. In fact, what is the gateway from Broward County to Miami? Biscayne Boulevard. That's a main gateway. Preserve those frees. May God bless you all. City ofMiami Page 23 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff Thank you. Applause. Chair Sarnoff State your name, Becky. Becky Matkov: Good evening. I'm Becky Matkov, executive director of Dade Heritage Trust, Miami's largest nonprofit historic preservation organization, and we are here to support the scenic corridor and savings the frees. And I just wanted to make a little announcement. March 4, this coming spring, we are in the midst of planning a conference, a national conference on Miami Modern architecture from the Marine Stadium to the MiMo district and the Bacardi building, and we will be having it right along this very scenic, very important historically significant corridor, and we will be having tours go all up and down there. And in a city where we have far too much concrete and far too few places where we have treasured the memories of Miami, I hope that you will do everything in your power to make sure that this very special gateway to Miami is preserved. Thank you. Applause. Chair Sarnoff Thank you. Elisabeth Gazay: Good evening. I am Elizabeth Gazay, and I represent Bay Point Homeowner Association, the board of Bay Point. Of course, we support the designation for all the reasons that we have heard. I just wanted to add that in Miami, we don't have so much history. We don't have so much boulevard. We don't have so much landscape. This is very unique. We are going to have -- we have the opera. We are going to have the Museum Park. This is going to be the royal alley to this new area, and I think it's important to think today that it has to remain because we may regret that tomorrow when we will have all this new area finished. And I have also a request if the vote is not done today, we have -- is it possible to stop the removal of the palm tree? Because we are -- even if we continue discussing everyday -- and I tell you, we see that every morning, and it's very painful, new palm frees are torn down. So I don't know if it's possible, but that's very important because if we wait too much, it's going to be too late. Thank you. Chair Sarnoff Thank you very much for coming. Applause. Chair Sarnoff Carol, put your name on the record. Carol Garvin: My name is Carol Garvin, 1815 Tigertail, Coconut Grove. That's a picture of my dad in front of Richmond Naval Air Station with his company. I think he was in the Navy. He went in the Navy 'cause he liked boats and he didn't like to fly and he ended up in blimps, so -- and he ended up down here, which was great. This is not only about palm trees. It is about people, and people always think Florida has no history, but unfortunately, it gets swept away very easily here. I would like to ask you to save our royal palms because I think that people don't recognize how unique this town really is. By cutting down our palms and (UNINTELLIGIBLE) off our bay with buildings and planting shade trees, we will become as ordinary as Oklahoma City or Davenport, Iowa. It's the tropical aspect of this city that makes it unique, and I'm asking you not to disgrace yourselves by ruining our veterans' memorial. It would be unpatriotic and a slap in the face to all the men who have fought for you and me in this country. Please do the right thing, save the palms, save their memorial. Thank you. Chair Sarnoff Thank you. Applause. City ofMiami Page 24 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff Okay. Where's FDOT? You want to say anything? Ms. Bravo: Good evening. Alice Bravo again, Florida Department of Transportation. First and foremost, I'm grateful to be here tonight and to have a chance to address everyone here. There's a lot of passion regarding this issue, and I certainly appreciate that. And basically, this portion of Biscayne is one of the final segments of Biscayne Boulevard on which we are undertaking reconstruction. The original limits were 5th Street to 123rd Street and over probably more than ten years, we've coordinated these reconstruction projects with the community, with the City, and with everyone that wanted to be involved. As this reconsfruction was undertaken because of the importance of the boulevard, aesthetics was very important, and that's why you see so much landscaping on the corridor. Now, as you undertake a reconsfruction project, it's important to bring the corridor up to safety standards, so a lot of safety standards involve sight distance at intersections to avoid vehicular crashes at driveways, at side streets. So as we move forward, we have to address safety. That's our number -one objective whenever we do any type of project. So as we reconstructed the boulevard, it's presented opportunities for enhancing the corridor, such as the addition of the Burle Marx sidewalks in various locations. As part of our evaluation process, we did coordinate with the State Historic Preservation Officer and conduct a Section 106 analysis. And basically, as of today, we got an e-mail (electronic) from the SHPO (State Historic Preservation Officer) confirming what we had done. And of concern to the SHPO is original material, and in their feeling there -- many of the frees, the royal palms have been replaced over the year, so since -- because they were not that original material, the landscaping itself didn't have that historic quality that they would look to preserve. And that being said, we've still fried to preserve every royal palm we can. And originally, of the 324 that are out there, we were going to keep 175 in the corridor. At the request of Mr. Cruz, we've taken a closer look at the project and identified 13 additional royal palms that could be maintained there. Now, the ones who were being removed, of those roughly 34 are either dead, almost missing; there's just the stump, or they would not survive transportation to another location, so with those there's no option. And then the 108 that are still viable, we've relocated to the other locations that we've discussed. So at the end, we're going to plant the royal palms, 52 additional royal palms and live oaks. When we're done, there'll be 240 royal palms still lining the corridor, still providing the aesthetic view that people are used to of the corridor. In addition to that, at the request of the City Planning and Zoning and request that be received from the public, the live oaks are being interspersed. Similar to the driveway that you have as you come into this property, you have those same royal palms lining the corridor with larger shade frees interspersed between them. So I think this is an enhancement that, as public involvement took place, there was a desire for incorporation of shade elements, and so we -- as we undertake a project, we look to the municipality or the local government that we're working with to really represent the views of the city and of the residents, and at the end of the day, our projects have to be compatible with local plans, and the plan for this corridor was always the incorporation of shade frees. So we've done everything we can to maintain royal palms on the corridor and because of viability or because of safety, we've impacted the least number that we possibly could. So -- Chair Sarnoff Can I justgo through some ofyour numbers? Ms. Bravo: Sure. Chair Sarnoff There are -- there were before you started 324 oak trees -- sorry. Ms. Bravo: Royal palms. Chair Sarnoff -- royal palms. And 175 will remain in place? Ms. Bravo: Correct. City ofMiami Page 25 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff Thirteen are going to be added? Ms. Bravo: Of the ones we were going to relocate, 13 we're going to keep on the corridor, so instead of keeping 175 on the corridor, we're keeping 188. Chair Sarnoff Hundred eighty-eight, right. Thirty-four presently are dead. Ms. Bravo: Yes. Well, 28 are dead and there were 6 that we couldn't relocate, so from when we did our original studies ten years ago, they're no longer there. Chair Sarnoff So -- all right. So 34 are essentially dead. Ms. Bravo: Right. Chair Sarnoff All right. Ms. Bravo: And 52 new ones will be planted. Chair Sarnoff So 52 new ones will bring you to -- Ms. Bravo: Two hundred and forty. Chair Sarnoff Two hundred and forty. And they'll be interspersed with oak frees? Ms. Bravo: And it's not throughout; it's in various locations. In some locations the landscape design was to add additional royal palms within the existing ones, and within that there'll be hedges that are planted in between the oaks and the palms. And there'll be a high level of aesthetic value to the landscaping when the project is finished. And there'll be roughly 25 percent more trees when the project is finished than there are today. And the new royal palms we're planting will be 26 feet in height and the live oaks will be 20 feet high. Chair Sarnoff Okay. And how many of the palms are coming down as a result of what you describe and FDOT as site lines, site line issues? Ms. Bravo: Well, some are site line issues. Some are that there are utility relocation's taking place. Some are that we're introducing new mast arms at signalized intersections. I don't have that breakdown. Do you have that? Ms. Thompson: I'm sorry, Chair. We're not recording any of this. Chair Sarnoff Can you come up? Ms. Bravo: Okay. I'll say what she's saying. We don't have the breakdown, but there are new drainage structures being implemented, new mast arms; there's utility relocation work occurring in the corridor, all the things that normally happen when you reconstruct a major roadway such as this. This is the opportunity for the utility companies to upgrade their facilities and -- intersections, we'll put in new mast arms that will meet today's wind code requirements -- Chair Sarnoff So essentially -- Ms. Bravo: -- for when there's a hurricane. Chair Sarnoff -- 80 trees are lost as a result of modernizing the boulevard for various different issues, including drainage, mast arms, site lines. Is that -- City ofMiami Page 26 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Ms. Bravo: Correct. Chair Sarnoff -- about right? Ms. Bravo: Seventy-six. Chair Sarnoff You're right, 76 is the actual number. Ms. Bravo: Oh, no, I'm sorry; 84. Chair Sarnoff We're in the 80s. That's close enough. But my point -- and yet, one way or another, you're able to get, you said, 25 percent more frees. Ms. Bravo: With the inclusion of the additional royal palms -- Chair Sarnoff Right. Ms. Bravo: -- and the live oaks. Chair Sarnoff How much live oaks are you putting in? Ms. Bravo: Around 56. Chair Sarnoff My math doesn't work the same way yours does. Ms. Bravo: Okay. But there's additional shrubberies and plantings. Chair Sarnoff Oh, so the shrubbery counts as your 25 percent more trees? Ms. Bravo: We'll get the numbers. Chair Sarnoff One man's bush is another man's free, okay. Ms. Bravo: We do have some boards and renderings of what the -- Chair Sarnoff All right. Ms. Bravo: -- landscape plan'll look like. Chair Sarnoff And at some point in time, did you take some direction by this City as to what it wanted? Ms. Bravo: Yes. We do have correspondence from the City where they request that we maintain as many royal palms as we can and where possible intersperse oaks or shade frees. Chair Sarnoff And you saw Elvis's presentation. Was it pretty accurate on the City's request? Ms. Bravo: Well, the City's request -- pretty much. Maintain as many oaks -- I mean, as many royal palms and add oaks. Chair Sarnoff Okay. Thank you. Ms. Bravo: And their letter cites the trees shall be of specimen type that will ensure sufficient continuous canopy of shade for the comfort of the pedestrian. City ofMiami Page 27 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff What -- how much money are you spending just from this segment of the repair or of the upgrade just toward landscape? Ms. Bravo: I think the value the entire stretch of Biscayne up to 123rd is $80 million. How much landscaping is going to this is probably several million maybe, two to four. Chair Sarnoff Well, I think State Rep Bush can do some magic here maybe. All right. Mr. Cruz: Rebuttal, Mr. Chairman. Chair Sarnoff Rebuttal. Sure, Elvis. Mr. Cruz: With your permission. Chair Sarnoff Go ahead. Mr. Cruz: Thank you. I'd like to -- Chair Sarnoff I'll give you two minutes. Mr. Cruz: -- cover a few points that were brought up, and first let me say that there's two separate issues here tonight. One is the scenic transportation corridor, which, judging from the reaction from the Commission, you seem to be inclined to pass, and that's wonderful. However, the greater issue, of course, is preserving the royal palms. Towards that end, I'd like to direct my comments primarily to Representative Bush because, unlike the City when it comes to FDOT matters, there is no body of appointed or elected officials representing the citizenry that we can address our grievances to -- our administrative grievances to. With FDOT, they pretty much run the show, and unless we're able to corral our representative down from Tallahassee, it's a very difficult thing to do. It's unlikely that we're going to be able to fly to the Legislature and get the entire Florida Legislature to vote on whether or not to keep the royals of Biscayne Boulevard. Having said that, she mentioned safety. Those royal palms were there -- or have been there for 83 years. I am a paramedic with the City of Miami Fire -Rescue. There is no great incidence of traffic accidents along Biscayne Boulevard because of royals any more so than any other part of this city. Variances can be had for historic landscaping. Another issue, as an example, the banyan trees along Coral Way. At one time FDOT wanted to remove all the banyan frees down the middle of Coral Way, saying the same thing, safety, site lines, et cetera. There was a huge uproar and they were preserved. The FDOT people are wonderful people, but they're traffic engineers. They often don't really get the concept of aesthetics, the concept of history. She mentioned the SHPO. I have that letter from -- SHPO is the State Historic Preservation Office. I have that letter. At no point in the letter do they mention the veterans' memorial at all. The study that was done that showed you earlier did not look at the sfreet, did not look at the historic aspects of Biscayne Boulevard as we've addressed today. It only looked at historic properties abutting the sfreet. It was mentioned that the original royal -- some of the original royals are lost. We don't have the originals, and therefore, it's no longer historically valid. That's like saying that the Declaration of Independence is no longer valid because the original signers are all dead. The concept lives on. Chair Sarnoff That was good. I got to write that down. Applause. Mr. Cruz: Thank you. Commissioner Suarez: That was good, huh. City ofMiami Page 28 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff I got to use that in a closing, Elvis. Mr. Cruz: Any time. Not copyrighted. The correspondence from the City does mention oaks, but it mentions keeping all the royals and interspersing oaks in between existing royals, not removing royals and putting in oaks. Chair Sarnoff Let me -- stop right there for a second. Is this group opposed to the introduction of the oaks? Mr. Cruz: Yes, because that's not the original design from that very prominent landscape architect thatArva Parks mentioned. Chair Sarnoff Okay. Mr. Cruz: It defiles the original intent and design. Most importantly -- and this speaks to due process and public process -- FDOT never had a public meeting after they designed the landscaping. We never had the opportunity to say, hey, look at what you guys are doing. We told FDOT about this veterans' memorial three years ago. They've known about it the whole time. They never had the public hearing. This moment that myself and Sean -Paul Melito had been fantasizing about for three years to finally sit before our elected officials and tell them, hey, what the heck is going on here? This is insanity. This is a veterans' memorial for these guys that have fought and seen their friends die in battle and you're going to monkey with it? This is crazy. We never had that opportunity until today, two months after they've already started construction and are taking out the trees. FDOT dropped the ball on that. They did not protect the public process by having a public hearing about this before construction began. That's not right. Please remember that, Representative Bush. Lastly, the project could have and should have been designed around the existing royals. They've known where the royals were. They could have moved the drain a few feet. They could have moved signage a few feet. The royal should have been given the priority first and then design the project around it. Thank you. Chair Sarnoff Thank you. Applause. Chair Sarnoff Anyone else from the public wishing to be heard? Gus. Does this guy not look like Jimmy Cefalo? Gus Pego: He says that all the time. Chair Sarnoff Is this not the spitting image of Jimmy Cefalo? Mr. Pego: Thank you, Chairman, Commissioners. Gus Pego. I'm the district secretary for the Florida Department of Transportation here in Miami. There is a lot of passion when you talk about landscaping, when you talk about community, when you talk about history; but even more passion when you talk about veterans, especially under today's situation. As Alice mentioned, this has been a journey of many years, many years; and in partnership with the City, the Department has created a vision of what this portion of the boulevard was to look like. I could say, in my opinion, that we are enhancing the corridor to make it more pedestrian friendly so that there's shade, we promote pedestrians walking along the sidewalk to enjoy the royal palms that exist in honor of our veterans. I certainly can say that, and I believe it. That was the vision we asked the City to present; the City asked us to implement, and that's what we're building today. Sure, Elvis is correct, design could have been changed in order to minimize disruption to palms, but now, you know, the water's over the dam, as Elvis says. The public process has been often and many. The design landscaping plans were changed north of this project at the request City ofMiami Page 29 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 of the citizens in this city. Certainly, what Representative Bush has offered tonight is to host a meeting with Elvis, the City, and ourselves so that we can, once again, look at the remaining plans. Some trees have been already relocated, you know, and -- as our review -- and I committed to Elvis when he met with us that we were going to look through every sheet of the plan and at every free, and those that could absolutely stay without being touched would stay. Thirteen additional trees were added to the list that we -- could be worked around, a way to keep them there. believe me, as a taxpayer, all of us, when we pump the gas into our tank, we're trying to minimize the cost to all of us when we do projects, and redo is very costly, as you know, any time you're under construction. We have to now take that into the equation. I recommend to this board this passage of the scenic designation and wholeheartedly support it for our community because with the loss of canopies since Hurricane Andrew, we have to do far more if we're going to help this planet and all of us who live here, so I certainly endorse that scenic designation. But I do ask this board to consider the impact of changing now. I think that there is a compromise. And, sure, we can revise the plans to add additional royals where oaks are proposed, but there's going to be a cost, okay, because a royal is a lot more costly than the shade tree. So if you want additional royals to the best of our budget -- our ability within our budget, we will fry to accommodate that. But I think the vision laid out by the City to us before of creating this pedestrian environment where people want to get out of their cars and walk along the boulevard, a majestic boulevard is coming back after many, many years of neglect, as Elvis pointed out. And as you can see the restaurants flourishing and people finally getting out of their cars, I think you, this body, has created a great vision for the City and we were frying to help you implement that vision. It's an enhancement; it's scenic, but more than that, in my view, I'll repeat it, I think it complements the memorial that was placed many, many years ago that this boulevard and the royal palms honor the veterans, and I think we're complementing and not detracting. So I certainly will participate in the meeting, along with City and the representative to see what we can do, but certainly we have to understand the real impacts here and we're trying to complement what's there and not detract. And I stand ready to answer any questions, if there are any. Chair Sarnoff Does anybody have any questions of --? Are you going to be nice? Mr. Cruz: Gus -- and by the way, let me say, this is one of the nicest public servants I've ever dealt with. He's a prince. Mr. Pego: Thank you. Mr. Cruz: Gus, why wasn't there a public hearing after the plans were drawn up before construction began? Why didn't we get the opportunity? Mr. Pego: Elvis, maybe Alice has the answer. I -- Mr. Cruz: Thank you. Mr. Pego: -- obviously don't have all the answers. Please forgive me. Ms. Bravo: Well, I think a public hearing per se is a meeting that we carry out in combination with a NEPA (National Environmental Policy Act) action, and this entire project was deemed to be catagorically excluded from NEPA. So we have designed meetings, public involvement meetings, but not a public hearing per se. And this project did have a public workshop at the early design phases where we get community feedback. Mr. Cruz: Correct. No, I understand that. Again, this is FDOT's letter of January 27, 2007, where it states FDOT has conducted and will continue to conduct public involvement for all Biscayne Boulevard projects. Now, we got this letter and we knew that you were thinking about finishing the project and going all the way down, and so we waited and we filed with the City for City ofMiami Page 30 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 scenic fransporation corridor status and nothing -- by the way, we've had problems with both agencies, just -- I'm not trying to beat up on FDOT. I guess I'm trying to beat up on both at the same time. But this public hearing today should have happened two years ago, and had this happened two years ago and pretending that the City would have voted in favor of keeping the royals, you guys would have been fine with it. Am I right? You would have said hey, if that's what the City wants to do. We're in traffic business. We're not in landscaping business. If you guys want to keep all your royals -- Ms. Bravo: And I think your -- if you heard what our district secretary said is that that's something that's still an option, but where we have site lines for intersections -- you know, when I say safety, I'm talking about vehicles being able to drive in and out of side streets and have visibility, and a royal palm may have been there for many years. I didn't mean that somebody had crashed into one, but there are certain visibility standards that, over the years, have changed. And when we undertake full reconstruction, one of the conditions are bringing the corridor up to standards. So, you know, the issue of what additional trees are planted, I think is one issue, but that we have minimized what must be impacted with our project that's a separate issue. Mr. Cruz: Yeah, I understand what you're saying; I don't necessarily agree with it. But just to finish the point that I was on is that we were promised that there would be future public involvement and it never happened, and so we never got our day in court -- Chair Sarnoff All right. Mr. Cruz: -- and that's the point I want to make. And -- Mr. Pego: Elvis, your point is well taken, and I'm -- Chair Sarnoff I understand. Mr. Pego: Excuse me for the elloquy [sic] here, you know, whatever -- Chair Sarnoff I don't mind colloquy, so it's okay. Mr. Pego -- the right word is. Yeah. It's -- the point of the fact is that you're right, we're here today, okay. And the reality of the request would have been the City's vision for the corridor, not necessarily our implementation because we would have followed the respect of the City to the best we can. Now, as Alice pointed out, some of the trees have to be relocated because they're in conflict with utilities, okay, and the improvements that they have to make, so the right-of-way is for the public benefit and those trees are certainly there for the public benefit and enjoyment, so let it -- you know, we're all here for the same reason, so without debating point by point, I think the Representative's suggestion of getting the key players together to see how we can turn this silk purse from a cow's ear, you know, would be better spent than debating each point tonight. Certainly, as Elvis pointed out and as you know, Chairman, that our business is, you know, to try to get the improvement and minimize the impact to the community. Certainly, the royal palms and the majestic status of it along the corridor is not something we want to downplay, but at the same time, you know, we were just following the marching orders. And we're here to again see what the request is from the City and work with the City and the Representative and Elvis and his team to see how we can modify this the best we can. Chair Sarnoff All right. We presently have an ordinance that's before the Commission, and is there a motion? Vice Chair Carollo: Yes, Mr. Chairman. Hearing all parties, it seems like all parties want to be able -- or try to work together, and I'm going to make a motion to defer. And, Madam City City ofMiami Page 31 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Clerk, should it be a deferral or a continuance? Ms. Thompson: It's according to what meeting you want to have it on. Commissioner Suarez: Commissioner Carollo, can I just say something? Vice Chair Carollo: Sure. Commissioner Suarez: Is there anyone here in opposition to this ordinance? Chair Sarnoff That's why I -- Commissioner Suarez: There's no one in opposition to it. Chair Sarnoff Right. I -- you could make your motion. I don't know if it'll be -- Commissioner Suarez: Yeah, I know. Yeah. I mean, he can make his motion, but I'm just saying Chair Sarnoff Right. Commissioner Suarez: -- I don't think there's anyone -- Chair Sarnoff I actually heard the -- Commissioner Suarez: (UNINTELLIGIBLE), yeah. Chair Sarnoff -- director suggest that pass the ordinance -- Commissioner Suarez: Yeah. Chair Sarnoff -- and then they would then have a workshop. I think we should declare Biscayne Boulevard a historic corridor or a scenic environ -- what is it? Julie O. Bru (City Attorney): Environmental preservation district. Chair Sarnoff -- environmental preservation district. Vice Chair Carollo: With that mentioned, I will withdraw my motion to the deferral, and I will move to pass this ordinance. Commissioner Suarez: I will second Commissioner Carollo's motion, and I'd like to add some discussion, please. Chair Sarnoff Please, sir. Ms. Thompson: Can we close the public hearing first? Chair Sarnoff I apologize. Public hearing, anybody wishing to be heard? I think it has been heard. Would you like to say something more? Ms. O'Neil: I grew up in Bay Point. In our front yard we had a magnificent oak tree, but I also remember what the veins did to the front yard. My concern is, number one, doing away with the royal palms. I live right in that neighborhood now, and I'm suffering the DOT's current renovation, which we're looking forward to, but a) a friend of ours, who's a botanist, who could City ofMiami Page 32 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 not be here this evening, explains that a palm tree will weather a hurricane significantly better than an oak tree will. How long is it going to take these oak trees to become shade frees? Hey, I get skin cancer; I love shade. But to be tearing down oak trees and then to spend more money to replace with live oaks seems to be futile to me, Chairman. I just don't understand their sight, and I'd love to see maybe a rendition because, quite honestly, the idea of interspersing oak frees amongst the royal palms could be Anytown, USA. Thank you very much. Chair Sarnoff Thank you. Applause. Chair Sarnoff All right. I'm going to close the public hearing. Mr. Melito: May I have just one minute, please? Do you mind? Just one quick -- I'm not going to preach on it or anything. Chair Sarnoff Sean -Paul, what more would be said -- Mr. Melito: Well, when I -- Chair Sarnoff -- that's not already been said? Mr. Melito: -- from hearing Mr. Pego speak, I would just like to mention one -- Chair Sarnoff I'm going to give you 30 seconds. Mr. Melito: I live on 35th -- 36th Street and Biscayne; my exit is on 35th Street and Biscayne. I come out on that street everyday, and I have to go out forward pass a complete block of royal palms. I'm able to make that journey everyday without getting into an accident and seeing it. And I think that opening discussion, having more meetings on giving public opinion as to whether or not we're going to combine shade frees and palm frees is going to defeat the purpose of a scenic transportation corridor for Biscayne Boulevard, similar to Coral Way. That street is a near disaster. If you're trying to make a left turn, but people manage to get through there for the historical value of that street. Thank you. Chair Sarnoff All right. I was going to say something in response. I'm going to say it anyways. Do you all ever wonder for one moment how we're the number -one traffic fatality city in the United States? Could it be --? We're number one, not number two, not number three; number one. So I -- I'm not here to argue for or against the free right now. I'm just suggesting could it be that we're an old city with old frees and maybe there are not some proper sited places? I mean, how is it that we are the worst drivers in America? Is it simply because -- highway? Well, I'm not saying it's Biscayne Boulevard. I'm just saying if you take the City of Miami in total, you have the number -one traffic homicide fatality city in the United States, and all I'm saying is you got that way somehow. Could be our driving habits, could be our behavior, could be our site lines, could be a combination of everything. But right now you have the title: You kill more people than anywhere else. Don't get up; you're not going to say a word. You microphone is off. All right, we have a motion -- Commissioner Suarez: And a second and -- Chair Sarnoff -- and a second. Ms. Thompson: Okay. No, no. First of all, have we closed your public hearing? Chair Sarnoff I just closed it. City ofMiami Page 33 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Ms. Thompson: Okay. We have a motion, but we do not have a second. Commissioner Suarez: Yes, I believe I second it. Or I either second -- Ms. Thompson: The mover was Vice Chair Carollo. Commissioner Suarez: I second it, and I'd -- Ms. Thompson: Okay. Commissioner Suarez: -- like to discuss it for -- Chair Sarnoff Please. Commissioner Suarez: -- one or two -- Ms. Thompson: Thank you. Commissioner Suarez: -- minutes. I understand the reason why you all came here today, and I don't think the primary reason was for the passage of this ordinance. I think the primary -- it took me a little while to figure out what was going on. But you know, I'm a little surprised at -- because I'm a board member from my homeowners association and I had a need to discuss a traffic issue with FDOT. I don't know if you remember, Secretary Pego. And I want to thank, in a special way, State Representative Bush for being here on behalf of his constituents of the City. And we also had a state representative -- the state representative for my area, State Representative Julio Robaina, who was there, and we had a -- you know, we had kind of a hearing on it, and the Department of Transportation adopted essentially all of our concerns and moved on it extremely quickly, so you know, I'd like to commend you for that and I appreciate that. Having said that, I understand why sometimes it's necessary to do this to bring the parties together, and it is a little strange that it's taken this long for it to happen and it -- you know, I think that's something -- so I think, Representative, you know, we look for your leadership and your help in addressing the concerns of our residents. And, you know, I think that's all I want to say about that. Chair Sarnoff And I don't think it could be said any better than Commissioner Suarez just said. I still think there's something to be worked out here, but I'm an eternal optimist when it comes to trees. I just also experienced the Upper Eastside free issue, and I know Mary Conway, who was the former director of Public Work -- of CIP (Capital Improvement Programs), was able to make a significant amount of headway with them, but be that as it may, you guys deserve to have that corridor designated. And let's let the City Attorney now read the ordinance into the record. Ms. Bru: Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Ms. Bru: And there are some specific measurements in the ordinance that are set forth herein. Chair Sarnoff More than those? Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The measure has been passed on first reading, 3-0. City ofMiami Page 34 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff Thank you. PZ.7 09-00955zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 610.3.2 ENTITLED "CONSIDERATIONS IN MAKING CLASS II SPECIAL PERMIT DETERMINATION," TO ALLOW CANTILEVER COMPONENTS PROMOTING ENERGY EFFICIENCY, TO PROJECT INTO YARDS ADJACENT TO STREETS; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00955zt PAB Reso.pdf 09-00955zt CC Legislation (Version 2).pdf 09-00955zt CC FR 11-19-09 Fact Sheet.pdf LOCATION: SD-10 Medical Health Care, Hospital and Research Park Overlay District [Commissioner - District 1 and Commissioner - District 5] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. PURPOSE: This will allow for cantilever components promoting energy efficiency to project into yards adjacent to streets, subject Class II Special Permit approval, in SD-10. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Roberto Lavernia (Chief of Land Development, Planning Department): PZ.7 is also amendment to ordinance 11000, in order to allow an SD-10 Medical Health Care, Hospital and Research Park Overlay District for cantilever components promoting energy efficiency, to project into yards adjacent to street, and that would be subject to Class II Special Permit approval. Chair Sarnoff Can you give a little -- I mean, I don't know that I understand that -- more information? Mr. Lavernia: Yes, sir. On yards adjacent to street, cantilever components promoting an energy efficiency, such as shading or screening device, project up to eight feet into the yard along the facade of the building. That's the purpose of the ordinance. That was -- what's added to the special district. Chair Sarnoff Sorry. There's the person who's going to explain it. Ms. Garcia -Toledo. Vicky Garcia -Toledo: Well, Ms. Slazyk can also explain. Chair Sarnoff Anybody's welcome to go. City ofMiami Page 35 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo, on behalf of Wexford LLC (Limited Liability Company). Commissioner and members of the Commission, this issue came up in relations to the University ofMiami Life Science Park and it -- and I apologize. I should have brought at least a rendering of the project since we have new members that have not seen that project. But basically, there is a setback along the frontage on 7th Avenue, and we wanted -- thatfrontage is all commercial bays. We hoped there'd be some cafes and cafeterias. And what we wanted to do was rather than just leave that grassy space as grass is to be able to have some type of awning that encroaches into that setback so that we can create sidewalk sitting and cafe -type environment and reactivate the pedestrian realm in that -- in the whole district, in the health district. Chair Sarnoff Okay. I didn't understand it. Mr. Lavernia: The setback is three feet. We're extending that to eight feet in order to provide the shading -- Chair Sarnoff Okay. Mr. Lavernia: -- encroaching. Chair Sarnoff And Planning is recommending this? Mr. Lavernia: Yes, sir. Chair Sarnoff Okay. Do we have a motion? Commissioner Suarez: I will move the item. Chair Sarnoff Is there a second? Vice Chair Carollo: Second. Chair Sarnoff All right. Public hearing. Anybody wishing to be heard on PZ.7 is welcomed to speak. Hearing none and seeing none other than the beautiful Ms. Garcia -Toledo -- where's Ralph, by the way? Ms. Garcia -Toledo: He got tired and went home. Chair Sarnoff We will have the City Attorney read the ordinance into the record. Julie O. Bru (City Attorney): This is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. Chair Sarnoff All right. Ms. Garcia -Toledo: Thank you. And Commissioners, I'll make myself available to bring the plans to your offices when you have time so you can review the project. City ofMiami Page 36 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Commissioner Suarez: That'd be great. Thank you. Ms. Garcia -Toledo: Thank you. PZ.8 09-01051zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 9, SECTION 916, ENTITLED "INTERIM PARKING", LIMITING THE LOCATION OF SHORT-TERM EVENT PARKING, CREATING AN INTERIM TEMPORARY PARKING PILOT PROGRAM, PROVIDING FOR NEW CRITERIA AND SPECIAL PERMIT REQUIREMENTS, AND ALLOWING FOR TIME EXTENSIONS WITH REFERRALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01051zt PAB Resos.pdf 09-01051zt CC Legislation (Version 2).pdf 09-01051zt CC FR 11-19-09 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD (PAB): Recommended approval to City Commission on October 7, 2009 by a vote of 9-0. The PAB also recommended that the City Commission direct the Planning Department to conduct a longer term parking study also on Biscayne Boulevard corridor so that temporary measure wouldn't be necessary, on October 7, 2009 by a vote of 8-0. PURPOSE: This will limit the location of the short-term event parking, create an interim temporary parking pilot program, provide for new criteria and special permit requirements, and allow for time extensions with referrals. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff PZ.8. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.8 is also amendment to ordinance 11000 entitled "Interim Parking." This will allow limiting the location for short-term event parking, creating an interim temporary parking pilot program, providing for new criteria and special permit requirements, and allowing for time extensions with referral. This is in order to use some empty lots that have been in Coconut Grove, use it as a temporary parking with a criteria described for -- in order to approve the special permit. Chair Sarnoff In the criteria, does it have anything to --? Sorry. Let me be more clear. In the criteria, is there any lighting component? Mr. Lavernia: No. It's not required, the lighting. This is only interim parking, and that will be - City ofMiami Page 37 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 - no, but the answer is in the criteria, it is the lighting. No, it is not. It could be as part of the Class II. It could -- Chair Sarnoff I mean -- I think everybody knows what's going on in the Grove, and I think everybody knows that in certain parking areas what happened, and I don't want to create -- I don't want to be the cause of someone parking and some opportunistic person doing something when I could have simply put a lighting requirement that may have prevented that from happening, so I may not have thought of this before, but unfortunately, I'm thinking of it now, and it's not a good time in the Grove for that. Is there a way that we could put a lighting requirement on second reading? Mr. Lavernia: Yes. Chair Sarnoff Okay. Mr. Lavernia: For second reading. That will be reviewed as part of the Class II Special Permit. Chair Sarnoff All right. Do I have a motion? Commissioner Suarez: Yes, I'll move the item. Chair Sarnoff Is there a second? Vice Chair Carollo: I second for discussion. Chair Sarnoff Go ahead for discussion. Vice Chair Carollo: I just want to ask a question. First reading, so second reading we'll address as far as the light? Mr. Lavernia: Yes. Vice Chair Carollo: Okay. Chair Sarnoff I didn't open up the public hearing, andI apologize. Public hearing is opened. Anybody wishing to speak on PZ.8? Hearing and seeing no one, I close the public hearing; comes back to the Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. Chair Sarnoff I would like to see on second reading some lighting component. Okay. PZ.9 09-01131ct ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE GOALS, OBJECTIVES AND POLICIES OF THE NATURAL GROUND WATER, POTABLE WATER, NATURAL RESOURCE CONSERVATION, CAPITAL IMPROVEMENTS AND City ofMiami Page 38 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 INTERGOVERNMENTAL COORDINATION ELEMENTS; INCORPORATING A 20-YEAR WATER SUPPLY FACILITIES WORK PLAN; AS REQUIRED BY FLORIDA STATUTE, CHAPTER 163, AND CHAPTER 9J-5, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-01131ct PAB Reso.pdf 09-01131ct CC Legislation (Version 2).pdf 09-01131 ct Exhibit A.pdf 09-01131ct CC FR 11-19-09 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Pedro Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 4, 2009 by a vote of 9-0. PURPOSE: This will amend the goals, objectives and policies of the Natural Ground Water, Potable Water, Natural Resource Conservation, Capital Improvements and Intergovernmental Coordination Elements and incorporate the City's 20-Year Water Supply Facilities Work Plan into the City's Comprehensive Plan as required by Chapter 163, Part II, F.S. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff PZ.9. I'm sorry. Mr. Cruz, you ready to go? Let me get to PZ.9, then I'll bring you up right next. Elvis Cruz: Yes. Harold Ruck (Planner II): Good evening. Harold Ruck, with the Planning Department. PZ.9 is an ordinance on first reading, amending the Miami Comprehensive Neighborhood Plan by amending the goals, objectives, and policies of the natural groundwater, potable water, natural resource conservation, capital improvements, and intergovernmental coordination elements, and incorporating a 20-year water supply facilities work plan as required by Florida Statutes, Chapter 163 and Chapters [sic] 9J-5 Florida Administrative Code. Planning Advisory Board recommend approval to the City Commission on November 4. It voted 9-0. The Planning Department also recommend approval. This recognizes that the City is a retail jurisdiction and therefore obtains water from the County. These amendments reflect a coordination and consistency with the State and County and their water supply plants, and as stated required by Florida Statutes. Of note, the work plants must be updated at a minimum of every five years and eighteen months after an updated lower east coast water supply plant is approved by South Florida Water Management District, so thank you. Any questions? Chair Sarnoff All right. Do we have a motion? Vice Chair Carollo: I move it. City ofMiami Page 39 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Commissioner Suarez: I second the motion. Chair Sarnoff We have a motion. We have a second. I'm going to open up the public hearing. Is there anybody wishing to be heard on PZ.9? All right, hearing no one and seeing no one, we're going to bring it back to the Commission. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. PZ.10 08-00680Iu ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO § 163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1421 NORTHWEST 61ST STREET, MIAMI, FLORIDA, FROM PARKS AND RECREATION TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-006801u Analysis.pdf 08-006801u Land Use Map.pdf 08-006801u & 08-00680zc Aerial Map.pdf 08-006801u School Board Concurrency.pdf 08-006801u PAB Reso.pdf 08-006801u CC Legislation (Version 2).pdf 08-006801u & 08-00680zc Exhibit A.pdf 08-006801u CC FR 12-17-09 Fact Sheet.pdf First Reading LOCATION: Approximately 1421 NW 61st Street [Commissioner - District 5] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 16, 2009 by a vote of 7-0. See companion File ID 08-00680zc. PURPOSE: This will change the above property to Medium Density Multifamily Residential. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez City ofMiami Page 40 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Note for the Record: Item PZ.10 was continued to the Commission meeting currently scheduled for December 17, 2009 at 11 a.m. Chair Sarnoff PZ.6. All right, wait a minute. Sorry about that, PZ.6. Hang on a second. I was just asked to do 10 and 11 very quickly. Roberto Lavernia (Chief of Land Development, Planning): PZ.10 and 11 are companion items. PZ.10 is a request to change the land use plan designation and 11 is to change the zoning atlas of ordinance 11000. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead. Vice Chair Carollo: It was my understanding from the City Manager that this was going to be deferred. Pedro G. Hernandez (City Manager): I had a meeting with the -- it's not really -- well, it's the developer of the project. The applicant on this case is basically the Administration because it's a land use item. And when I reviewed it, it's something that would consider to be housecleaning from my perspective. However, if you feel that the item may require more attention and more briefing with each one of you, I would be willing to proffer or to ask you to defer to the 17th. And when I say that it's simple, it's because this is as a result of an RFP (Request for Proposals) that is Community Development Department went forward where they invited proposals for residential development in a strip of land, and there is a small section of that whole parcel that has a parks designation, which, in my opinion at this point in time, is like a mapping error and needs to be corrected. And it doesn't deal with the project itself. However, if you feel that we need additional time for briefings, I also am comfortable with doing a deferral to the 17th. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: As a principle, I would not vote on this item now because I made sure every time the Administration tell me this will be deferred, I made sure -- will it be deferred? Are you sure it's going to be deferred? And I was told yes. Now, as a principle, I cannot hear this item or at least will not vote on this item because the truth of the matter is, I haven't read up on it because -- you know, I guess I took it for granted when the management tells me the item will be deferred, it's going to be deferred, there's a continuance, then Igo by what management tells me, especially when I made it so clear; are you sure? I think we even discussed the date it will be deferred. With that said, as a point of principle, I'm sorry; I feel it needs to be deferred. Commissioner Suarez: Can I just say something, Mr. Chairman? Chair Sarnoff Yes, sir. You're recognized. Commissioner Suarez: Is there any specific -- I mean, we're going to have a meeting in seven days. I mean, is there any -- Mr. Hernandez: Yes. Commissioner Suarez: -- specific -- Mr. Hernandez: Andl did explain -- City ofMiami Page 41 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Commissioner Suarez: -- and I can ask the applicant, as well. Mr. Hernandez: -- this to the developer, Carrfour, that -- Commissioner Suarez: Would you feel more comfortable having seven more days to look into this issue? Vice Chair Carollo: Like I said -- yes. And as a point of principle, I don't feel that should listen to this now, and I apologize to you all -- Commissioner Suarez: Yes. Vice Chair Carollo: -- 'cause it's not your fault. But when management tells me this item will be deferred, right away I don't think -- it's pointless for me to really start going into the details and so forth, and that's why I make it such a point to make sure that it will be deferred. I think I mentioned it two, three, four or five times. And with -- Mr. Hernandez: Commissioner, ifI may. The only reason that brought this up at this time -- and I wanted to have this explanation on the record -- was because they themselves expressed an urgency for the item to be considered. I said, look, I'll bring it up. However, I have the out and the recommendation to go to the 17th, so I was doing this also on their behalf. Vice Chair Carollo: I understand, but did this just happen? I mean, was it -- did it happen within the last five minutes? 'Cause we've been here all day, and this is the first I've heard that it will not be deferred. I mean, when did you know that it was not going to be deferred? Mr. Hernandez: They came to me, I don't know, around noon or so. Vice Chair Carollo: So there was some time there to at least notify us. I mean, I feel -- I apologize for being so strict about it, but the truth of the matter is -- I mean -- Mr. Hernandez: Commissioner, I wanted to -- Vice Chair Carollo: -- if at that time you would have come to me, I think it would have been different, but now in the last minute where I think it's only one more PZ (Planning & Zoning) item and you -- you know, you say no, no, we're going to hear this now -- Commissioner Suarez: Let me just say also. There are deferrals and then there are deferrals. I generally am not in favor of deferring things, and usually, when you defer a Planning and Zoning item, from what know, it's a month deferral. In this particular case, it is a one week deferral. I think the Commissioner has a very legitimate reason why he wants it deferred. I would ask -- and I apologize that you've had to basically be here all day long to get this answer, and that's, I think, the part where, you know -- Vice Chair Carollo: Again -- Commissioner Suarez: Yeah. Vice Chair Carollo: -- if it was expressed -- Commissioner Suarez: That's the frustrating part for me. Vice Chair Carollo: -- to me at noon or at one or at two, then, you know, we could have made adjustments there, or we could have, you know, voiced our opinion there, but this is the first we hear about it. City ofMiami Page 42 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Estrella Sibila: Commissioners, don't worry about it. We'll be back on the 17th. What -- you know, we've been in this process since June of 2008 was when the City initiated this process, so what we didn't want was a continuous delay till January, then maybe to February, then maybe to whenever it is that there is a new sitting Commissioner. This is a citywide issue. It was -- it's a City -owned parcel, and it's on -- you know, it's initiated by the City themselves to be able to carry forth a very important project for -- on behalf of the Community Development Department. We just want to make sure that it moves expeditiously. We do have tax credit financing dollars that have been awarded to this that may be in jeopardy if this continues to be delayed. That was the reason why we expressed to the City Manager the exigency of this item. Priscilla A. Thompson (City Clerk): Excuse me, Chair. May we have a name for the record, please? Ms. Sibila: Estrella Sibila, with law offices at 2525 Ponce De Leon Boulevard, on behalf of Carrfour Supportive Housing. Ms. Thompson: Thank you. Commissioner Suarez: And I'm glad -- ifI may, Chairman? -- that you, Ms. Sibila, expressed the time sensitivity of this issue because whenever a funding component of one of these items is important, it's important that you express it and I appreciate you expressing it. And again, I sincerely apologize that you had to -- and to you, sir, as well. I don't think it's the normal course of this Commission or doesn't seem to be that it's going to be the normal course of this Commission -- Chair Sarnoff Right. Commissioner Suarez: -- to make people wait unnecessarily, and I don't think that's what Commissioner Carollo is doing here. This is simply a -- Sibila: No. And we fruly appreciate that. Vice Chair Carollo: And as a matter offact, that's why wish we were told that they wanted to move on, you know, at noon or so forth, so we could adjust accordingly, maybe, you know, at lunch time, even though I went to the senior center event. I could have read up on it and been ready for it, and you all wouldn't have had to wait or if you waited, it would have been heard, so I apologize. And it's only a week. Ms. Sibila: Absolutely. And could we be at the beginning of that P&Z agenda next week or is this a time certain that --? Vice Chair Carollo: That's up to the Chairman. Chair Sarnoff Would you like an exact time? Ms. Sibila: Excuse me? Chair Sarnoff Would you like an exact time? Ms. Sibila: If you can. The reason being that we've had at, you know, five -- several occasions - - five different occasions that we've come to this Commission. Chair Sarnoff Wait, wait, wait. I under -- and I understand you're providing your -- City ofMiami Page 43 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Ms. Sibila: -- and we've had to bring out our community supporters as well and at this point, it's going to be -- Chair Sarnoff What time would you like? Unidentified Speaker: At your pleasure. Chair Sarnoff No, no, no. I'm serious. Commissioner Suarez: No, no, no. At your pleasure. Chair Sarnoff Come on, I -- you want 11 o'clock -- Unidentified Speaker: Oh, at the be -- Chair Sarnoff -- you want 12, you want -- what do you want, morning, afternoon? Ms. Sibila: 11 o'clock. Chair Sarnoff 11 o'clock. You got it. Unidentified Speaker: Thank you. Chair Sarnoff Madam City -- Ms. Sibila: Thank you. Chair Sarnoff -- Clerk -- excuse me -- would you make sure we have an 11 o'clock to that issue? Ms. Thompson: We have it recorded. Commissioner Suarez: Chairman, I'd like to move that it be deferred till -- Chair Sarnoff Do we have a second? Vice Chair Carollo: Second. Ms. Thompson: So it is being deferred to time -- Chair Sarnoff To December 17. Commissioner Suarez: To December 17 at 11 a.m. Chair Sarnoff At 11 o'clock. And if they don'tgo at 11, they don'tgo. Ms. Sibila: We'll be here. Thank you. Vice Chair Carollo: Thank you. And I apologize to you; you had to stay here all this time. Chair Sarnoff All right. We have a motion -- Commissioner Suarez: I apologize. Chair Sarnoff -- and a second. All in favor, please say "aye." City ofMiami Page 44 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 The Commission (Collectively): Aye. Chair Sarnoff Okay. PZ.6. Mr. Lavernia: They have to continue item 11 too. Chair Sarnoff Okay. Do we have a motion to defer PZ.11? Ms. Thompson: Chair, we actually -- because you discussed them together, they were companions; we just went ahead and had one vote for them. Chair Sarnoff Thank you, Madam Clerk. PZ.11 08-00680zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 12, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM PR PARKS AND RECREATION TO SD-1.1 KINGS HEIGHTS ORCHARD VILLA SPECIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1421 NORTHWEST 61ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00680zc Analyisis.pdf 08-00680zc Zoning Map.pdf 08-006801u & 08-00680zc Aerial Map.pdf 08-00680zc PAB Resos.pdf 08-00680zc CC Legislation (Version 2).pdf 08-006801u & 08-00680zc Exhibit A.pdf 08-00680zc CC FR 12-17-09 Fact Sheet.pdf LOCATION: Approximately 1421 NW 61st Street [Commissioner - District 5] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD (PAB): Recommended denial to City Commission on September 16, 2009 by a vote of 7-0. Also on September 16, 2009, the PAB recommended to the City Commission to consider increasing the size of the existing "Parks and Recreation" zoning in this area and direct the Planning Department to re-examine the existing "R-3" zoning on this block and surrounding blocks, by a vote of 7-0. See companion File ID 08-006801u. PURPOSE: This will change the above property to SD-1.1 King Heights Orchard Villa Special District. The applicant will proffer a covenant for this property. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. City ofMiami Page 45 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Item PZ.11 was continued to the Commission meeting currently scheduled for December 17, 2009 at 11 a.m. Note for the Record: Please refer to item PZ.10. for minutes referencing item PZ.11. PZ.12 08-00169xt RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING OR GRANTING AN EXTENSION OF TIME FOR VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19, SECTION 1901, ARTICLE 4, SECTION 401, TO ALLOW AN INTERIOR SIDE SETBACK (NORTH) OF 0'0" (15'0" REQUIRED); A STREET SIDE SETBACK (SOUTH) OF 4'6" (15'0" REQUIRED); AND A REAR SETBACK (WEST) OF 2'10" (7'6" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 888 BRICKELL AVENUE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 08-00169xt Extension Request Letter & Supporting Docs.pdf 08-00169x Appeal Letter.pdf 08-00169xt Analysis.pdf 08-00169xt Zoning Map.pdf 08-00169xt Aerial Map.pdf 08-00169xt Letter of Intent.pdf 08-00169xt Application & Supporting Docs.pdf 08-00169xt Plans.pdf 08-00169xt ZB Reso.pdf 08-00169xt Appeal Letter.pdf 08-00169xt CC Legislation (Version 3).pdf 08-00169xt CC Legislation (Version 4).pdf 08-00169xt Exhibit A.pdf 08-00169xt CC 11-19-09 Fact Sheet.pdf LOCATION: Approximately 888 Brickell Avenue [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Carlos J. Gimenez, Esquire, on behalf of 1000 Brickell Avenue APPLICANT(S): Santiago D. Echemendia, Esquire and Bob de la Fuente, Esquire, on behalf of Alphatur, NV FINDING(S): PLANNING DEPARTMENT: No objection to the extension of time request. ZONING BOARD: Granted the Extension of Time for Variances on September 14, 2009 by a vote of 4-2. PURPOSE: The approval of this appeal will not allow an extension of time to allow fewer setbacks than required. City ofMiami Page 46 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 NOTE(S): The Zoning Board originally granted the Variances on March 24, 2008 by a vote of 3-2, but an adjacent property owner appealed that decision. The City Commission then denied the appeal, affirmed the decision of the Zoning Board, and granted the Variances on July 24, 2008. WITHDRAWN Pedro G. Hernandez (City Manager): And Mr. Chairman, also, Mr. Gimenez is telling me that PZ.12, that he's also withdrawing it. He's withdrawing the appeal on PZ.12. Chair Sarnoff Is there any action we need to take? Just -- sure, please do. Carlos Gimenez: Chairman Sarnoff, Commissioners Suarez and Carollo. Carlos Gimenez, for the record, 121 Alhambra Plaza, here on behalf of 1000 Brickell Avenue Condominium Association, Inc. We have entered into a settlement agreement with the applicant for the variances in this matter. As such, we will at this point withdraw our appeal with prejudice. Just quickly wanted to place one item on the record. The extent of this settlement agreement would extend to the expiration date of the variances that were applied for and three years, whichever comes first, so with that -- Chair Sarnoff Any --I was going to ask the City Attorney, anything this board needs to do? Julie O. Bru (City Attorney): Well, the lower board already had granted the extension of time, so it was an appeal filed by Mr. Gimenez, so you don't have -- no. Chair Sarnoff Thank you, Mr. Gimenez. I'm sorry for keeping you waiting all day. Mr. Gimenez: No problem. Chair Sarnoff But I know you found this fascinating. Mr. Gimenez: Every single moment. Chair Sarnoff Okay. PZ.13 09-00616za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY AMANDA L. QUIRKE, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED MAY 20, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR AN OUTDOOR ADVERTISING SIGN IN LUMMUS PARK, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. 09-00616za ZB Reso.pdf 09-00616za ZB 09-14-09 Backup Documentation.pdf 09-00616za ZB Appeal Letter & Supporting Documents.pdf 09-00616za CC Legislation (Version 3).pdf 09-00616za CC Legislation (Version 4).pdf 09-00616za CC 11-19-09 Fact Sheet.pdf City ofMiami Page 47 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 LOCATION: Approximately 350 NW 2nd Street [Commissioner - District 5] APPELLANT(S): Amanda L. Quirke, Esquire, on behalf of Outlook Media of South Florida, LLC FINDING(S): OFFICE OF ZONING: Recommended denial of the appeal and uphold the zoning administrator's interpretation. ZONING BOARD: Denied the appeal on September 14, 2009 by a vote of 4-2. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Item PZ.13 was deferred to the Commission meeting currently scheduled for January 28, 2010. Priscilla A. Thompson (City Clerk): Mr. Chair, ifI may, do we need an -- Vice Chair Carollo: Second time it's been appealed in -- Ms. Thompson: -- a vote on the continuance for PZ.13? Pedro G. Hernandez (City Manager): PZ.13 is the one thatl asked that it be continued to January 28. Chair Sarnoff Do we need a motion? Commissioner Suarez: Yeah. Chair Sarnoff We do. Commissioner Suarez: I'll make the motion to continue it. Chair Sarnoff We have a second? Vice Chair Carollo: I second. Chair Sarnoff All right. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. END OF PLANNING AND ZONING ITEMS City ofMiami Page 48 Printed on 12/29/2009