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HomeMy WebLinkAboutCC 2009-12-17 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 INCUR:1J 9I#iTi IY0 Meeting Minutes Thursday, December 17, 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 17, 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 17th 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 7: 39 p.m and adjourned at 8: 44 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk PLANNING AND ZONING ITEMS Chair Sarnoff All right. We can now close the regular agenda, and now we open up the Planning and Zoning agenda. Maria J. Chiaro (Deputy City Attorney): You're not closing anything. You recess -- Chair Sarnoff Oh, that's right, recessing. You're right. Ms. Chiaro: -- the meeting. You're now going to open a new meeting. It's the second meeting -- the second December meeting, which is the P&Z (Planning & Zoning) meeting for your P&Z items. Priscilla A. Thompson (City Clerk): Chair, when we opened up earlier, we did administer the oath. I don't know if you want to do it again because some people might have come in later. Ladies and gentlemen, if you are here to testify on any of the P&Z items that are on the P&Z agenda, I need you to please stand, raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. PZ.1 06-00415mm RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE VILLAGE CARVER PROJECT, TO BE LOCATED AT APPROXIMATELY 401 NORTHWEST 71ST STREET, A/K/A 485 NORTHWEST 71ST STREET, MIAMI, FLORIDA, TO MODIFY RESOLUTION NO. 08-0458, ADOPTED JULY 24, 2008, AS FOLLOWS: 1) TO INCREASE THE TOTAL NUMBER OF UNITS OF THE UNIFIED MULTIFAMILY -RESIDENTIAL DEVELOPMENT FROM 309 TO 310 UNITS; 2) TO INCREASE THE TOTAL NUMBER OF PROVIDED OFF-STREET PARKING SPACES FROM 391 TO 443 SPACES (386 WITHIN A PARKING GARAGE STRUCTURE AND 57 SPACES ON A SURFACE PARKING LOT); City ofMiami Page 2 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 AND 3) TO RELOCATE THE FOOTPRINT OF ALL PHASES (I, II AND III) MORE THAN 10 FEET IN A HORIZONTAL DIRECTION DUE TO HISTORIC PRESERVATION SITE REQUIREMENTS; PROVIDING FOR CERTAIN FLOOR AREA RATIO; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00415mm MUSP Analysis.pdf 06-00415mm Zoning Map.pdf 06-00415mm Aerial Map.pdf 06-00415x3 ZB Special Exception Reso.pdf 06-00415x3 ZB Special Exception Fact Sheet.pdf 06-00415x3 ZB Special Exception Analysis.pdf 06-00415mm PAB MUSP Reso.pdf 06-00415mm HEPB Letter & Reso.pdf 06-00415mm School Board Concurrency.pdf 06-00415mm CC Legislation (Version 2).pdf 06-00415mm ExhibitA.pdf 06-00415mm Exhibit B.pdf 06-00415mm CC 12-17-09 Fact Sheet.pdf 06-00415mm Binder Cover.pdf 06-00415mm Applicant Letter & Inside Cover.pdf 06-00415mm Table of Contents.pdf 06-00415mm I. Project Information.pdf 06-00415mm I.A. Letter of Intent.pdf 06-00415mm I.B. Major Use Special Permit Application & Special Exception Applications.pdf 06-00415mm I.C. Approved Major Use Special Permit Reoslution No. 08-0458.pdf 06-00415mm I.D. Zoning Write Up.pdf 06-00415mm I.E. Zoning Atlas.pdf 06-00415mm I.F. Project Data Sheet.pdf 06-00415mm I.G. Warranty Deed.pdf 06-00415mm I.H. School Concurrency Application.pdf 06-00415mm I.I. State of Florida Documents.pdf 06-00415mm I.J. Directory of Project Principals.pdf 06-00415mm II. Project Description.pdf 06-00415mm III. Supporting Documents.pdf 06-00415mm 111.1. Minority Construction Employment Plan.pdf 06-00415mm 111.2. Traffic Impact Analysis & Sufficiency Letter.pdf 06-00415mm 111.3. Site Utility Study.pdf 06-00415mm 111.4. Economic Impact Study & Envionrmental Study.pdf 06-00415mm 111.5. Survey of Property.pdf 06-00415mm 111.6. Architectural Plans.pdf LOCATION: Approximately 401 NW 71 st Street, A/K/A 485 NW 71 st Street [Commissioner - District 5] APPLICANT(S): Lucia Dougherty, Esquire, on behalf of 401 NW LLC, Village Carver Phase I, LLC, Village Carver Phase II, LLC and Village Carver Phase III, LLC, as Applicant/Developer and YMCA of Greater Miami, Inc., as Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. City of Miami Page 3 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 ZONING BOARD: Recommended approval with conditions* of the Special Exceptions to City Commission on November 9, 2009 by a vote of 7-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* of the Substantial Modification to City Commission on November 18, 2009 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the substantial modification of the Village Carver project. 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 R-09-0588 Chair Sarnoff PZ 1. Roberto Lavernia (Chief of Land Development): For the record, Roberto Lavernia, with the Planning Department. PZ.1 is a substantial modification to the previous -approved Major Use Permit for the Village Carver. This substantial modification is to increase the total number of units of the unified multifamily residential development from 309 to 310 units, to increase the total number provided off-street parking spaces from 391 to 443 spaces, and to relocate the footprint of all phases, I, II, and HI, more than 10 feet in a horizontal direction due to historic preservation site requirements. This is the place where the cemetery was found and they are -- that area was designated historic. They are moving the towers in order to respect that site. The Planning Department is recommending approval with conditions, and the conditions I'm going to read it on the records [sic]. Pursuant to design -related comments received by the Planning director, the applicant shall meet the following condition: (1) Expand the sidewalk areas at building entrance to allow for direct access from the public sidewalk to the entrance and to provide space for public gathering, (2) Consider a grass pave or other permeable pavement system for the loading area in Phase I to better integrate the facility with the surrounding green space, (3) The pedestrian sidewalk shall remain at a consistent height throughout. Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; (4) Provide a material sample or precedent photograph of the material proposed to screen the parking garage opening. It is essential that all view of cars, light, and mechanical equipment area screened from all street front and neighbor properties, (5) Provide additional elevation of the courtyard areas for the committee's review, (6) Screen the top level of the parking garage with landscaping or an architectural treatment, (7) Consider providing a covered path of the residential tower to the parking garage to provide refuge for residents during inclement weather, and (8) Submit a landscape plan that specifies the species and proposed location of all plant materials. Thank you. Chair Sarnoff All right. This is a public hearing. I'm going to open up to the general public. Anybody from the public wishing to be heard on PZ.1? You're recognized for the record, Mr. Range. Patrick Range: Mr. Chair, Commissioners, thank you so very much. For the record, Patrick Range, with offices at 5727 Northwest 17th Avenue, in the City ofMiami. Here with me tonight is my cocounsel, Lucia Dougherty, along with Michael Cox of the Biscayne Housing Group, Oscar Sol of Carlisle Development Group, our architect, Albert Cordovez. This project is a collaboration between the Biscayne Housing Group and the Carlisle Development Group. Also with us, but he had to leave, unfortunately, was the owner of the land, representing the -- or representing the owner of the land, the YMCA (YoungMen's Christian Association), Alfred City ofMiami Page 4 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Sanchez, but he ask me to make sure that you're aware that he was here and in support and he had to leave unfortunately due to the time. Also along with us this evening -- and she also had to leave, unfortunately, is Mrs. Enid Pinkney of the Lemon City Cemetery Community Corporation, who we have worked with over the past eight months since we made this discovery. And so she was here with us, but unfortunately, had to leave. And what I'd like to do, perhaps, would be to just give you a brief synopsis of where we are with this. And we're prepared to put on a full presentation. I know it's been a long day for you and you still have items ahead. And if you have questions, we'd be happy to address those, or we could put on the full presentation. So I'll just give you a brief synopsis. As we were going -- this project was actually approved by this Commission back in 2008. And we actually did go on and receive a building permit for the construction of this project. It is an entirely affordable housing development, which would service both the elderly as well as families. And the needs in this particular area are quite great. And during the building permit -- after we received our building permit, during the foundation -- construction of the foundation of the project, we identified what came to be known as the Lemon City Cemetery and we actually identified fragments of human remains there on site. And we immediately halted construction, contacted the appropriate authorities, including the Miami -Dade County medical examiner, as well as the Miami -Dade County archaeologist, and have worked through the hiring of our own archaeologist, Mr. Bob Carr, who's well -renowned here, particularly locally, to do a number of studies to help us identify what actually was located here on this site. As I mentioned, we did discover it was in fact the Lemon City Cemetery, which existed back in the early 1900s. We went through a full MUSP (Major Use Special Permit) process, as well as a platting process during the original approvals for this project and there was no listing of a cemetery -- an official designation of a cemetery here in any of the records in the state. So we all were very naturally surprised to make this discovery. The community was very interested. A number of the persons buried here were believed to be of Bahamian descent. If you're aware of the history of the City, Bahamians were some of the first settlers here and helped to develop various portions of the City, including the Lemon City area. And so again, we're here before you tonight basically to tout what we believe is a win -win for all parties involved. We think this is an example of the true type of public private partnership, you know, that we would be looking for here in the City. And we hope that this would be an example to others as they go along. And so what we're proposing here before you tonight is essentially something that will allow us to preserve and memorialize those who were buried here and their importance to this community, as well as to allow us to go forward with the very important and needed affordable housing for this particular community. And ifI may. Very quickly, the project -- originally approved is what you see here before you. You can see it consisted of three phases, okay. We actually made the discovery during the first phase, which is located here. And what we have brought to you this evening is essentially a plan, as I mentioned, that would create a passive park, which would not disturb any graves that are located and have been found on the site. So we'll actually be preserving all of the areas where graves were located and that is primarily where you see the green space here. And this will be a passive park that will be maintained by us. We will also be -- at my client's expense -- building a monument which, again, will memorialize those persons that were buried there and then still shifting the other buildings from that area to other areas of the site, you know, which would not impact graves that are there located. It took us quite a while to come to an agreement with the community on making this something that it would be feasible for them, but do have resolutions that I'd like to submit for the record from both the Lemon City Cemetery Community Corporation, which Ms. Enid Pinkney is the chair. As I mentioned, she wasn't able to remain with us this evening. And I'd also like to submit for the record a copy of a resolution from the Historic and Environmental Preservation Board of the City ofMiami, which approved this modification unanimously, along with the preservation of the areas where the graves were located. So I'd like to go ahead and submit these, ifI may. We did, as I mentioned, receive unanimous approval from the Historic and Environmental Preservation Board of the City, as well as from the Planning Advisory Board and the Zoning Board. And we do have, again, full support from the community, and again, we're very proud of what we've been able to accomplish in not only preserving what we feel is very important history for the City, but also bringing forth what we know is much needed City ofMiami Page 5 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 affordable housing for this community. So again, we are prepared to put on a full presentation. Our architect is here present. But again, due to the lateness of the hour, we'd be happy to take any questions that you may have if you did not desire to have us put on a full presentation. Chair Sarnoff Commissioners, have any questions? All right. I'm going to open the -- public hearing's been opened. Going to close the public hearing, coming back to this Commission. Is there a motion? Vice Chair Carollo: I move to approve with conditions. Chair Sarnoff All right. There's a motion to approve with the conditions by the -- both Planning Advisory Board and the Zoning Board. Vice Chair Carollo: That's correct. Chair Sarnoff All right. Is there a second? Commissioner Suarez: Second. Chair Sarnoff All right. Motion and a second. Any further discussion, gentlemen? Hearing -- Vice Chair Carollo: And the Planning Department. The PAB (Planning Advisory Board), the Zoning, and the Planning Department. Chair Sarnoff Okay, with all three conditions. Vice Chair Carollo: Yes. Commissioner Suarez: Seconder understand that? Commissioner Suarez: Yes. Chair Sarnoff All right. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Passes unanimously. Mr. Range: Thank you very much. PZ•2 06-01242mm RESOLUTION 1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A PREVIOUSLY APPROVED SUBSTANTIAL MODIFICATION FOR THE CIVICA TOWER MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000,THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE CIVICA TOWER PROJECT, TO BE LOCATED AT APPROXIMATELY 1050 NORTHWEST 14TH STREET, MIAMI, FLORIDA, TO MODIFY THE PREVIOUSLY APPROVED SUBSTANTIAL MODIFICATION OF THE MAJOR USE SPECIAL PERMIT PURSUANT TO RESOLUTION NO. 09-0266, ADOPTED MAY 28, 2009, AS FOLLOWS: 1) TO DECREASE THE RETAIL SPACE FROM 16,988 SQUARE FEET TO 14,809 SQUARE FEET; 2) TO INCREASE THE GENERAL OFFICE SPACE FROM 551,452 SQUARE City of Miami Page 6 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 FEET TO 553,631 SQUARE FEET; 3) TO INCREASE THE OPEN SPACE FROM 16,895 SQUARE FEET TO 22,675 SQUARE FEET; 4) TO DECREASE THE FOOTPRINT FROM 62,220 SQUARE FEET TO 56,440 SQUARE FEET; 5) TO DECREASE THE NUMBER OF PARKING SPACES FROM 1,457 TO 1,150; AND 6) TO INCREASE THE OVERALL HEIGHT BY ONE (1) INCH; PROVIDING FOR CERTAIN FLOOR AREA RATIO; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01242mm1 Analysis.pdf 06-01242mm1 Zoning Map.pdf 06-01242mm1 Aerial Map.pdf 06-01242mm1 PAB Reso.pdf 06-01242mm1 School Board Concurrency.pdf 06-01242mm1 CC Legislation (Version 2).pdf 06-01242mm1 Exhibit A.pdf 06-01242mm1 Exhibit B.pdf 06-01242mm1 CC 12-17-09 Fact Sheet.pdf 06-01242mm1 Binder Cover.pdf 06-01242mm1 Inside Cover & Table of Contents.pdf 06-01242mm1 I.A. Major Use Special Permit Application, Addendum, Zoning Write Up.pdf 06-01242mm1 I.B. Disclosure of Ownership.pdf 06-01242mm1 I.C. Owership Affidavit.pdf 06-01242mm1 I.D. Miscellaneous Documents.pdf 06-01242mm1 I.E. Directory of Project Principals.pdf 06-01242mm1 I.F. Ownership List & Mailing Labels.pdf 06-01242mm1 I.G. Project Data Sheet - Zoning Write Up.pdf 06-01242mm1 I.H. City of Miami Zoning Atlas Map & Future Land Use Map.pdf 06-01242mm1 I.I. Prior Approved Resolutions.pdf 06-01242mm1 II. Project Description.pdf 06-01242mm1 III. Supporting Documents.pdf 06-01242mm1 111.1. Minority Construction Employment Plan.pdf 06-01242mm1 111.2. Traff Impact Analysis.pdf 06-01242mm1 111.3. Site Utility Study.pdf 06-01242mm1 111.4. Economic Impact Study.pdf 06-01242mm1 111.5. Environmental Impact Study.pdf 06-01242mm1 111.6. Survey of Property & Drawings Submitted.pdf LOCATION: Approximately 1050 NW 14th Street [Commissioner - District 1] APPLICANT(S): Vicky Garcia -Toledo, Esquire, on behalf of Swerdlow Development Company, LLC, as Contract Purchaser and Miami Hotel Investments, Ltd., Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* (excluding Condition "C") to City Commission on November 18, 2009 by a vote of 8-0. *See supporting documentation. City of Miami Page 7 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 PURPOSE: This will allow a substantial modification to a previously approved substantial modification of the Civica Tower project. 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 R-09-0589 Chair Sarnoff PZ.3 -- oh, 2, excuse me. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.2 is also a substantial modification to an approved Major Use for the Civica Tower. The Civica Tower is requesting this time to decrease the retail space from 16,988 square feet to 14,809 square feet, to increase the general office space from 551,452 square feet to 553,631 square feet, to increase the open space from 16,895 square feet to 22,675 square feet, to decrease the footprint from 62,220 square feet to 56,440 square feet, and to decrease the number of parking spaces from 1,457 to 1,150; to increase the overall height by one inch. The Planning Department recommendation was for approval. The Planning Advisory Board recommended approval of the Condition "C" that was originally at the presentation, but that condition was already deleted by the Planning Department. There was an agreement that was included in number one, so that condition dies and the condition that we're putting here are number [sic] (a) Provide details of methods and materials that will screen the parking area from view facing Northwest 14th Street. Detail shall include type of glass and method of lighting (internal and external), (b) Provide additional treatment that enhance the articulation of the facade, (c) Provide street -side elevation integrating visually the facade of the parking garage and the office tower, using similar articulation or treatment concealing the separation for the parking structure and tower above, and (d) Prior to TCO (Temporary Certificate of Use), with condition of sufficiency letter prepared by the City traffic consultant on sufficiency letter review number 001 of December 31, 2008 and ratified by Miami Transportation Administration in October 29, 2009. Thank you. Chair Sarnoff Thank you. Public hearing is opened. Ms. Toledo, you're heard for the record. Sony. Mariano Cruz: I'm going to be brief. Mariano Cruz, 1227 Northwest 26 Street, and you could see 26 Street to 14 Street, 12 --11 blocks. Well, I am glad to see this building there, first retail space. And also in the Civic Center, we get so many institution [sic] that don't pay any taxes in the City ofMiami. This building's going to be paying taxes, right? Probably, yeah. It is a retail space (UNINTELLIGIBLE). Chair Sarnoff Don't you love the way lawyers talk? Mr. Cruz: Well, I am glad to see at least retail space. I'll be able to go there and buy -- you know, within walking distance. I go there to the VA (Veterans Administration), which is close by too, and it's a nice -- going to be a nice building, okay. If Vicky behind that, I think it's going to be nice because I'll be watching them. Chair Sarnoff So it's got the Cruz stamp of approval. Vicky Garcia -Toledo: He always watches. Chair Sarnoff All right. Vicky -- Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo, with the law firm ofBilzin Sumberg, and I'm here on behalf of Michael Swerdlow, who is the developer of this project known as City ofMiami Page 8 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Civica Tower. This project was -- this MUSP was originally developed or designed as a residential project in 2006. At the end of 2008, we came -- we started the process and changed it to an office building. We were approved in May of this year. At that time, the developer did not have a specific tenant. After that date, communications and conversations had resulted in a letter of intent being issued by Jackson Memorial Hospital and the Public Health Trust to be the tenant in this building. They will occupy the entire building. And as a result, they had specific needs that they needed. And so we are back before you because those changes were not great in volume, but they did move the footprint of the building more than ten feet in one direction which, according to your Zoning Code, then requires a substantial modification and that's why we're here. I'm glad to say that we are here with approvals from all the lower boards which are recommending approval and your staff is also doing that. The one good thing that happened in reducing and moving the footprint is that we got a fabulous public plaza, which is really needed in this area. The architect is here. All the team development members are here if you should require that information. I do need to address the conditions from staff. There are two conditions. One is they wanted to ask us for the samples to make sure that the curtain wall -- the glass curtain wall that you see occupying the lower floors, which are the garage, are in fact opaque. If we could have the architect show you that material so that you can see that it's totally and completely opaque and reflective. So it will create day and night the type of reflections that you are seeing here. And -- but because of the opaqueness -- and he can bring it to you up to the dais -- there will not be able to, when you're on the street, look into the garage and see any of the lights or the vehicles. It's called spandrel glass. And then the other glass is the one that you see in the pictures. When the building is lit at night, you will be able to see -- this is the glass that will occupy the upper floors. We also did the detailed renderings because we wanted you to see the level of the detail and articulation in the building. We would really like to have the Commission approve this without Condition A and B, since we feel we have satisfied Condition A and B. Now the other issue -- Mr. Architect, you cannot speak off the record. Hello. You got to -- all conversation has to be on the record. There is one other thing that we have been working with staff. During our -- the internal design review, Lilia Medina from your Traffic office, told us that the trolley for this area of the Health District is now a reality. It is coming probably within a year or so. We're the first project that is being built, and they asked us to see if we could have a drop-off somewhere accommodated on our property 'cause this is a kind of narrow street. So if we were to have a drop-off for the trolley, instead of stopping right on the street to come onto our property, that would facilitate the traffic. We have been working with staff. We are committed to continuing to working with staff. Chair Sarnoff Mr. Manager, where are the trolleys? That's the only thing I ever got out of us for the MPO (Metropolitan Planning Organization). I thought they were coming in November. Pedro G. Hernandez (City Manager): I know that that process is underway. I think -- Ms. Garcia -Toledo: There's Jose. Mr. Hernandez: -- that Jose Gonzalez may be here today. Ms. Garcia -Toledo: He's right there next to you. Jose Gonzalez (Assistant Transportation Coordinator): Right here. Mr. Hernandez: Oh. Chair Sarnoff I'm just curious. Where are the trolleys? Mr. Gonzalez: Mr. Chair, Commissioners, the request for proposal for the Health District Trolley was issued earlier this month and it will close around mid -January. So we're still within the cone of silence, but the procurement process is underway. City of Miami Page 9 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Any everybody else has trolleys? Mr. Gonzalez: The first loop that we're proposing to be implemented is the Health District Trolley, where this project -- the area where this project lies. Soon to follow will be the Biscayne/Brickell loop, yes. Chair Sarnoff I thought the MPO money had to be spent or it was lost if it wasn't allocated on a trolley by January of this year. Mr. Gonzalez: The ARRA (American Recovery and Reinvestment Act) funds or the --? Chair Sarnoff I was at the M -- Mr. Gonzalez: When you refer to the MPO, you're -- Chair Sarnoff Right. Mr. Gonzalez: -- it was -- Chair Sarnoff They -- that was part of the stimulus dollars -- Mr. Gonzalez: Yes, yes. Chair Sarnoff -- that if it was not spent this fiscal year, we lost them. Mr. Gonzalez: That is actually not the case. We're working with Miami -Dade Transit and the drop -dead deadline is March of not next year, but the year following, 2011. By then, all the -- 100 percent of the ARRA funds must be obligated by the County and by the municipalities which received a portion of those funds. Chair Sarnoff What -- I mean, I'm just curious. The funding is there. What is the holdup? Mr. Gonzalez: Well, we're moving forward with the Health District circulator as a turnkey operation, meaning the vendor would provide the vehicles, the drivers, the fuel, the storage, and the maintenance. The ARRA monies will be used to purchase the trolley buses -- Chair Sarnoff Right. Mr. Gonzalez: -- for the additional routes, for the Coral Way, for the Allapattah, for the Overtown and the Biscayne/Brickell. Chair Sarnoff So we have decided -- andl apologize, Vicky -- but we've decided to purchase the vehicles, right? 'Cause I know there was an issue whether we're going to lease them -- Mr. Gonzalez: Yeah. Chair Sarnoff -- purchase them. We've decided to purchase them? Mr. Gonzalez: For the Health District loop, we're beginning -- Chair Sarnoff No. Mr. Gonzalez: -- that loop under a full turnkey, meaning we will not purchase the vehicles. City of Miami Page 10 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff I got you. Mr. Gonzalez: The vendor will provide the vehicles. Chair Sarnoff But you've decided for the other Commissioners' loops -- Mr. Gonzalez: But for the other loops, yes. The City has the option to provide the vehicles to the vendors. Chair Sarnoff Would -- can I ask you to brief the Commissioners? I think they'd be very interested in learning about the trolleys and maybe -- Mr. Gonzalez: Absolutely. Chair Sarnoff I mean, I wasn't even aware that you had -- I was under the impression we were buying them, andl thought you had made some sort of analysis as to why we were buying them versus leasing them and why we were going to have turnkeys and not turnkeys. Andl -- Mr. Hernandez: Commissioner, I think that also aren't we purchasing them through Miami -Dade Transit? Mr. Gonzalez: Through the County, yes. Mr. Hernandez: Through their contract. Mr. Gonzalez: Yes. Mr. Hernandez: But I think it will be worthwhile, the same way that we have scheduled meetings with Commissioner Suarez and Carollo on issues like community development and so forth, we need to do, you know, the trolleys, as well as Miami 21, et cetera. Chair Sarnoff Okay. I just -- Mr. Hernandez: And we'll be doing that with all of you. Chair Sarnoff I apologize. Ms. Garcia -Toledo: That's quite all right. Chair Sarnoff I heard trolleys. I know I got trolleys. It was the only thing, Commissioner Suarez, I was able to bring back -from the MPO, that and three bridges. Mr. Gonzalez: Andfor the record, Jose Gonzalez, with the Office of Transportation. Ms. Garcia -Toledo: So we will continue to work -- I think the trolley stop in front or near that public plaza will be a great gathering place. We will continue to work with staff. We're not ready to make it a condition at this time because we still have to get approval for the actual specs of the site and so forth. And just as a point of information, our required parking is 712 spaces, and we are providing 1,150. Any questions? Chair Sarnoff I know some affordable housing projects would like to park in your garage. Ms. Garcia -Toledo: So that basically will be my presentation. Any questions you may have -- and of course, we would respectfully request that you remove Conditions A and B, as we believe we have satisfied them. City of Miami Page 11 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff All right. Is there --? Public hearing is open. Anybody wishing to be heard? Public hearing is now closed, coming back to the Commission. Is there a motion? Vice Chair Carollo: I would like to make a motion. However, before I do, I would like to hear from staff as far as removing Conditions A and B. Mr. Lavernia: We haven't seen this material as part of the Internal Design Review Committee or the Planning Department. Tonight is the first time that we see it. Vice Chair Carollo: Does that mean you need more time? Does that mean that you like it, that you don't? What --? I mean -- Mr. Lavernia: That condition -- Vice Chair Carollo: In other words, I'm looking for guidance. Mr. Lavernia: That [sic] conditions were the consensus of the committee. It's not ifI like it or if I don't like it. The committee have [sic] to see the material and see if they like it or (UNINTELLIGIBLE) if they want to substitute it, so -- Ms. Garcia -Toledo: Commissioner, the problem is that if the members of the committee, which are the members of the staff of the Planning Department, don't like the material, then they start negotiating with us, and at that point in time, I don't have the Commission to come back to. So I'd rather you approve the project the way you're seeing it and that it's not subject to changes that may not be seen. Ana Gelabert-Sanchez (Director, Planning Department): IfI may, just to clarify. Chair Sarnoff Just state your name for the record. Ms. Gelabert-Sanchez: Ana Gelabert. I'm the Planning director. Usually the process is -- what the internal design review is it comes through the Department and we look at the design of the project through criteria in 1305. And this particular condition -- and usually this -- you know, in the few years, we haven't seen this -- a design condition really come over to this board. Ms. Garcia -Toledo: Oh, sure. Ms. Gelabert-Sanchez: But what happens is on this -- Ms. Garcia -Toledo: They do it all the time. Ms. Gelabert-Sanchez: -- condition, it comes back to the Department. It doesn't have to come back to you. Pretty much what we would like to make sure is in fact if the condition said to -- that we are not going to see the garage or the cars, what we are looking for is not a style, but actually to make sure that in fact it happens. Usually, we sit around, we look at the project, we look at what it was with detail because a rendering -- they all do look beautiful, but we just need to make sure that in fact it's doing what we had asked. And that is the norm and it has done like that and frankly, it's not our purpose -- as you saw this one, we're recommending approval -- to delay this project. It's just a matter that that's what we do with every project. We look and we just want to assure that in fact it's doing what we had asked. That's all. Vice Chair Carollo: With that said, I make a motion to move with all conditions. Ms. Gelabert-Sanchez: Thank you. City of Miami Page 12 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Do I have a second? Commissioner Suarez: Second. Chair Sarnoff All right. We have a motion. We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. PZ.3 09-00817zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 500 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00817zc Analysis.pdf 09-00817zc Zoning Map.pdf 09-008171u & 09-00817zc Aerial Map.pdf 09-00817zc PAB Reso.pdf 09-00817zc CC Legislation (Version 2).pdf 09-008171u & 09-00817zc Exhibit A.pdf 09-00817zc CC SR 12-17-09 Fact Sheet.pdf LOCATION: Approximately 500 NW South River Drive [Commissioner Frank Carollo - District 3] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of 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 change the above property to C-1 Restricted Commercial. NOTE(S): On October 22, 2009, the City Commission also passed on First Reading the companion Land Use Change; however, that item is no longer required because it has been resolved by land use changes presented and approved by the City Commission, as part of Miami 21. 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 13122 City of Miami Page 13 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Vicky Garcia -Toledo: Thank you. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.3 is the one that already start -- I'm going to continue -- by mistake. There's a little piece of triangular property - - that you can see it in the aerial that you have -- that is surrounded by a street all around. When the Comprehensive Plan map and the Zoning map was in place on 1989, there was a scrivener's error considered this like a traffic device because at the scale that we prepared those maps, there was a very tiny point in the middle of the street. What is happening in there is there is a commercial building existing on that little piece of land that you have in there since the 1930s. And there was no problem 'til now because they have a tenant, a commercial tenant using the building. But there's a new tenant coming to the building. They tried to get a certificate of use. Zoning cannot grant them the certificate of use because the designation is residential. So what we're doing here, the Planning Department is trying to correct a scrivener's error that is in the -- representation of the applicant is here. They are trying to get the certificate of use for their business in an existing building that has been there since the 1930s. So the recommendation of the Planning Department was for approval. The Planning Advisory Board -- this one has two applications, land use and zoning. We took out the land use application because that problem was corrected in Miami 21 map. But they need to change the zoning atlas in order to get the certificate of use, and that's the item that you have in front of you tonight. Chair Sarnoff All right. PZ.3 is a public hearing. Anybody from the public wishing to be heard, please step up to the podium now. Hearing none, seeing none, the public hearing is closed; comes back to the Commissioner -- to the Commission. Commissioner Carollo. Vice Chair Carollo: I've actually been by that property many times. Actually, I was by there last night. What's there right now? I noticed a building -- it seems like a business. I -- like I said, I've been there. But what business is it? What type of business? What --? 'Cause I've been there many times. I know the building. Louis LaFontisee: My name is Louis LaFontisee, 3121 Commodore Plaza. I'm here for Anchor Marine. That's a small, little company that's owned by Mike Bowman and his wife Mary. They bought the building three years ago and haven't been able to use it because of this. When he called, you call and you get, it's okay, it's C-1. And that's typically been the use. Your question was, how has it been used. It was used for many years by Philips Hardware, which was later known as United Marine. And the last tenant there was Seacoast Fire. It's a small building. There's a sign on top. It would be used for typical commercial purposes, mostly associated with the marine industry. Anchor Marine is about three blocks away, and Mike may move in there when he retires from his larger operation down the river. Vice Chair Carollo: Now, there's a sign on top, but the sign on top is actually one of those billboards, correct? Mr. LaFontisee: It's a billboard, and there's a permit for it. The permit was granted in -- back in 1959. I've got a certificate of use for the last tenant there. The County shows this property on their tax rolls as C-1. This was an aberration when -- that we're trying to correct. We're not the petitioner here; the Planning Department is. Vice Chair Carollo: I understand that. Mr. LaFontisee: Just to correct things because -- in fact, when Mr. Bowman went to buy the property, he called to check the zoning and he was told C-1. I've been to the Planning Department to try to get a certificate of use and was told at one point C-1. Came back and they say no, it's not single family, it's multifamily residential, but that's -- you can't build on it. I mean, you've got -- City of Miami Page 14 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Vice Chair Carollo: I understand. Mr. LaFontisee: It's a tiny, little piece of property that can't be used, and we can't get a certificate of use without your correcting the zoning to where it should be. Vice Chair Carollo: Like I said, I've been there many times and I'm looking to approve this. But at the same time, I want to know a little, you know, bit more about the property. So right now is it open during the day? I mean -- Mr. LaFontisee: It's vacant right now. We have a -- Vice Chair Carollo: It's vacant, right? Mr. LaFontisee: -- tenant that -- This passed on first reading. We have a tenant waiting to go in, and it'll be a small commercial operation in there using boat parts and things like that. It's consistent with C-1 uses. Vice Chair Carollo: I move to approve. Commissioner Suarez: I second the motion. Maria J. Chiaro (Deputy City Attorney): The public hearing has been opened, andl guess you need to close -- Vice Chair Carollo: It's been closed. Chair Sarnoff I'm sorry. I apologize. Ms. Chiaro: It was moved to approve item number 3, an ordinance. Chair Sarnoff All right. We have a motion. Do we have a second? All right. We have a motion and a second. Any further discussion? Public hearing is now opened. Public hearing is closed. All in favor, please say "aye." Priscilla A. Thompson (City Clerk): No. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordnance has been adopted on second reading, 3-0. PZ.4 07-01024Iu1 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO § 163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF REAL PROPERTIES LOCATED AT APPROXIMATELY 61 NORTHWEST 37TH AVENUE, 3667 NORTHWEST FLAGLER TERRACE, AND 58 NORTHWEST 36TH COURT, MIAMI, FLORIDA, FROM DUPLEX RESIDENTIAL TO RESTRICTED City of Miami Page 15 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-010241u1 Analysis.pdf 07-010241u1 CC Land Use Map.pdf 07-010241u1 Aerial Map.pdf 07-010241u1 School Board Concurrency.pdf 07-010241u1 PAB Resos.pdf 07-010241u1 Application & Supporting Documents.pdf 07-010241u1 CC Legislation (Version 2).pdf 07-010241u1 & 07-01024zc1 Exhibit A.pdf 07-010241u1 CC FR 12-17-09 Fact Sheet.pdf 07-010241u1-Submittal-Lucia Dougherty.pdf 07-010241u1-Submittal-Lucia Dougherty 2.pdf LOCATION: Approximately 61 NW 37th Avenue, 3667 NW Flagler Terrace, and 58 NW 36th Court, Miami, Florida [Commissioner Francis Suarez - District 4] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Hasred, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval for Lots 9 and 12 and denial for Lots 13 through 16. PLANNING ADVISORY BOARD (PAB): Recommended approval for specifically Lots 9 and 12 on Block 9, "Twelfth Street Manors;" on September 16, 2009 by a vote of 7-0. The PAB also recommended denial (as presented) for specifically Lots 13 through 16 on Block 9, "Twelfth Street Manors;" on September 16, 2009 by a vote of 7-0. The PAB also recommended to the City Commission on September 16, 2009, that if the City Commission is inclined to accept the applicant's voluntary proffer of the plans as presented or any other documentation binding this applicant to the set of plans presented, and approves the Land Use Change to "Restricted Commercial" for Lots 13 through 16 on Block 9, "Twelfth Street Manors," the Board has no objection, by a vote of 7-0. See companion File ID 07-01024zc1. PURPOSE: This will change the above properties to Restricted Commercial. 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.4. Louis LaFontisee: Thank you very much. Chair Sarnoff Thank you. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.4 andPZ.5 are companion items. Do you want me to present it together? Chair Sarnoff Please do, sir. City of Miami Page 16 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Mr. Lavernia: It's the request to change the Miami Comprehensive Neighborhood Plan map and the zoning atlas for the property that is approximately 61 Northwest 37th Avenue, 3667 Northwest Flagler Terrace and 58 Northwest 36th Court from duplex residential to restricted commercial. There's a situation here that I want to explain in the map. This is the property. Here is Los Marinos Restaurant, and it's a restaurant that has been existing -- now it's closed, as far as I understand, but they want to reopen again. The Lots 9 and 12, which is the vertical lot that you see in here, there is an existing part of the building within those lots. So the Planning Department recommends approval of Lots 9 and 12 to be changed because the building is already in there. For the other three lot -- four lots, 13, 14, 15, and 16, the Planning Department is recommending denial, thinking that it's an intrusion of commercial uses into a residential area that they have in front and around. The Planning Advisory Board recommend the same, approval of specifically Lots 9 and 12 and denial of Lots 13 to 16. The PAB (Planning Advisory Board) also recommend to the City Commission that if the City Commission is inclined to accept the applicant's voluntary proffer covenant that was mentioned at the hearing, with the plans presented or any other documentation binding this applicant to the set of plans present and approve the land -use change to restricted commercial, the PAB has no objection. The Planning Department is in the same position. If there is a covenant tying themselves to a specific use with the set of plans that they have, we have no objection. The recommendation of the zoning change, item PZ.5, was the same, and the Zoning Board recommended also approval of Lot 9 and 12 and denial of the other four lots. Thank you. Lucia Dougherty: Good evening, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today with Joaquin Avino -- Javier Avino, sorry. I'm here on behalf of the owner and the applicant. I'd just like to take a minute to congratulate you, Mr. Chairman, and the two new Commissioners and the Mayor on their elevation. I want you to know from people from this side of the dais, we do appreciate your service. We know it's a difficult service and a difficult position you have many times and very often it's a thankless position, but we do appreciate your service. Again, Stuart Harris is with us this afternoon -- or this evening. This is a request to permit a renovation of a restaurant that has been at this location for 30 years. And I've shown you some photographs -- or I've passed out some photographs. I know that probably all of you know this place. But I wanted to specifically call your attention to the second photograph, which is on Flagler Terrace. It's -- the first photograph is looking over the building onto Douglas, 'cause the location is at Flagler Terrace and Douglas, 37th Avenue. The second photograph is actually the current parking lot on Flagler Terrace. You can see that these parking spaces actually back out into the street. And so we have purchased the property -- Stuart Harris did -- and he's about -- he's actually in permit as we speak to renovate the property and also the parking lot as you see it there. But he bought the -- he purchased the property immediately behind the property on 36th Avenue in order to expand the parking lot. We are requesting this rezoning in order to put an additional 29 parking spaces on the parking lot behind it and to landscape the area, which is currently back -out parking, probably the worst condition you can have in Miami in terms of parking. So in order to address the parking condition, the staff has also said to you and the Planning Board said, if you propose a covenant tying yourself to this site plan, we don't have an objection to the rezoning. So I'd like to just read you the covenant. It says that the property will be improved in accordance with the attached site plan prepared by the architect and should the existing property be redeveloped for a use other than the surface parking lots on 13, 14, 15, and 16, which are these four lots, that we will adhere to the R-4 designation of the Miami 21. Because Miami 21 is showing this lot as T6-8, these lots as T6-8, but these lots as T4. So our covenant basically ties this to T6 -- well, our covenant will tie this to T6-4 so we would develop either this parking lot or in accordance with -- Chair Sarnoff Isn't it just T4? Unidentified Speaker: Yes. City of Miami Page 17 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Not T6-4? Ms. Dougherty: I'm an idiot. I'm sorry. You're right. T4. Unidentified Speaker: It's T4 L. Chair Sarnoff Don't berate yourself. It's -- Ms. Dougherty: No. I don't mind doing that. Chair Sarnoff Okay. Ms. Dougherty: So anyway, this is T6-8, T4, and this, again, would be the T6-8. So if you would be inclined to favor us with your vote tonight, we would ask that you would also direct the staff to show this on the map as T4 and this as T6-8, and we would tie ourselves to this covenant. Chair Sarnoff All right. We have a public hearing. Anybody wishing -from the public to be heard? Yes. Mr. Lavernia: I just want to put on the records [sic] that we received the visit of the gentleman and his wife to the Planning Department requesting the plans for the project. What we had was an application for a land -use and zoning change. This plan was offered at the PAB (Planning Advisory Board) time, so we couldn't provide information to the gentleman and now he will have the opportunity to see the plans, but Planning Department cannot recommend land -use and zoning changes with a set of plans. Chair Sarnoff Well, you can't -- Mr. Lavernia: Thank you. Chair Sarnoff -- recommend -- 'cause you don't get covenants. Mr. Lavernia: No. Chair Sarnoff Right. Mr. Lavernia: That's right. Chair Sarnoff And just so these Commissioners know that only at this board will they make a covenant. Mr. Lavernia: Yes, sir. Chair Sarnoff Right. Mr. Lavernia: And the plans are part of the covenant. Chair Sarnoff No, I understand. I understand. Peter Pick: Hello. My name's Peter Pick, P.O. Box 350143. My wife owns this property that's going to be abated [sic] by this parking on two sides of it. We've asked several times to see plans on this property. Nobody's ever gotten back to us. Right now she's taking care of our daughter in Atlanta. We've made them aware of this. We've given them our telephone numbers. I wish you would defer this for another six months -- not six months, 60 days so that my wife and City of Miami Page 18 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 these people could get back together and work out a mutual agreement with them. If you approve this, you're kind of like letting the horse out of the corral, and we don't know of any way to then bring it back into -- that we could subject this into a Commission hearing. I'm sorry if I'm not a hundred percent up to your standards, but I'm no lawyer. We're just taxpayers, and it just happens to be next door to us. Thank you for your time. Chair Sarnoff Have you had -- Mr. Pick, have you had the opportunity to look at the plans right now? Mr. Pick: Not really. Chair Sarnoff Would you -- could you take a moment and look? Mr. Pick: Yeah, but it's my wife's, you know, and -- Chair Sarnoff I know women. Actually, no man knows women, but that's okay. Mr. Pick: I'd rather not. Chair Sarnoff Understood. Ms. Dougherty: I would like -- for the record that prior to my client purchasing the property, his site was a subject of a request for a rezoning to the same category that we're requesting today. It was not -- it was withdrawn prior to the time it got to the Commission meeting 'cause they had no recommendations of approval, but they wanted to put a medical office building on this site over ten stories tall, so I just want you to know that his wife's property was a subject of a request for a rezoning at an earlier time. Chair Sarnoff Mr. Pick, do you live there? Mr. Pick: No, I don't. Chair Sarnoff Okay. Mr. Pick: At that time, they were going to purchase her property. Chair Sarnoff Okay. Well, let me -- I think this is in Commissioner Suarez -- Let me open the public hearing, which I think did. Let me close the public hearing, coming back to Commissioner Suarez. Commissioner Suarez: I'm going to move the item for dis -- and discuss it as well. I think this is a first reading, if I'm not mistaken. Ms. Dougherty: Yes. Commissioner Suarez: So, sir, what that means is that this will come back to the Commission again, which will give you an opportunity to discuss some of the issues with them that may concern you. So I'm going to make the motion for this and then 171 -- you know, I'd like it to come back to me for discussion. Vice Chair Carollo: With covenant? Commissioner Suarez: Oh, yes, with the covenants that have been proffered that have made it palatable to the Planning Advisory Board and the Planning Department. City of Miami Page 19 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Would you do me a favor and just make Mr. Pick a copy so he can take it home to his wife -- Ms. Dougherty: Absolutely. Chair Sarnoff -- before the second -- Ms. Dougherty: Sure. Chair Sarnoff -- reading? All right. So we have a motion, and we have a second. It's an ordinance. Vice Chair Carollo: No. Commissioner Suarez: I'd like to dis -- Chair Sarnoff Oh, I'm sorry. I thought you -- Commissioner Suarez: -- just discuss it one second. Chair Sarnoff -- discussed it. Priscilla A. Thompson (City Clerk): We don't have the second yet. Vice Chair Carollo: Second. Chair Sarnoff I thought I heard a second. Sorry. Commissioner Suarez: Okay. I just wanted to put on the record that I spoke to the Mayor about this particular issue because this obviously was the Mayor's district for 13 years. He -- and we also had members of our staff actually go out physically and knock on the doors of all of the residents in the surrounding area to see -- to make sure that they were aware this was going to happen, to get their opinion on it. We also spoke with -- I presume it's his tenants. I guess I thought it was him -- the owners of the two houses. And they did not have any issues with the change in zoning, nor did any of the homeowners in the -- directly in front of the project. So Mayor suggested that I support this. He says this is a property -- and I know that this is a property that has been in a state of disrepair for a long, long time and this would, in essence, beautin, the neighborhood. It's -- you know, I know that one of the issues that these restaurants have is a lack of parking generally. So I'm going to move the item along, you know, and you guys have an opportunity now to settle whatever kind of issues you may have. Chair Sarnoff All right. So we have a motion, and we have a second. This is an ordnance? Maria 1 Chiaro (Deputy City Attorney): Yes. And the proffered covenants will come -- Chair Sarnoff On PZ.5? Ms. Chiaro: -- on PZ.5 when it is enacted on second reading -- if it is enacted on second reading. But we are now on PZ.4. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. City of Miami Page 20 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Ms. Thompson: The ordnance has been passed on first reading, 3-0. PZ.5 07-01024zc1 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 61 NORTHWEST 37TH AVENUE, 3667 NORTHWEST FLAGLER TERRACE AND 58 NORTHWEST 36TH COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-01024zc1 Analysis.pdf 07-01024zc1 Zoning Map.pdf 07-01024zc1 Aerial Map.pdf 07-01024zc1 Application & Supporting Docs.pdf 07-01024zc1 Survey.pdf 07-01024zc1 ZB Resos.pdf 07-01024zc1 CC Legislation (Version 2).pdf 07-010241u1 & 07-01024zc1 Exhibit A.pdf 07-01024zc1 CC FR 12-17-09 Fact Sheet.pdf 07-01024zc1-Submittal-Lucia Dougherty.pdf 07-010241u1-Submittal-Lucia Dougherty 2.pdf LOCATION: Approximately 61 NW 37th Avenue, 3667 NW Flagler Terrace and 58 NW 36th Court [Commissioner Francis Suarez - District 4] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Hasred, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval for Lots 9 and 12 and denial for Lots 13 through 16. ZONING BOARD: Recommended approval to City Commission on October 19, 2009 by a vote of 6-3; more specifically, Lots 9 through 12, Block 9 and recommended denial of Lots 13 through 16, Block 9. Also recommended to the City Commission to request the city manager and/or Planning Department to conduct a study of the impact of zoning changes in the area of NW 37th Avenue from Flagler Street to the 836 Highway in regards to the economic impact and the preservation of neighborhoods, by a vote of 7-1. See companion File ID 07-010241u1. PURPOSE: This will change the above properties to "C-1" Restricted Commercial. The applicant will proffer a covenant for these properties. 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 City of Miami Page 21 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff PZ.5. Maria 1 Chiaro (Deputy City Attorney): We need a motion. Chair Sarnoff Oh, I'm sorry. You're right. You submitted -- Is there a motion for PZ.5? Commissioner Suarez: I move PZ.5. Chair Sarnoff Is there a second? Vice Chair Carollo: Second. Chair Sarnoff All right. We have a motion and a second. Any further discussion, gentlemen? All right, Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. Vice Chair Carollo? Vice Chair Carollo: Yes. Roberto Lavernia (Chief of Land Development, Planning Department): Mr. Chairman, in your motion, you include the covenant? Commissioner Suarez: Yes. Chair Sarnoff Well -- Commissioner Suarez: Yes. Chair Sarnoff -- the covenant incurs on the second reading. Ms. Chiaro: The covenants come on the second reading. Chair Sarnoff Second reading. Commissioner Suarez: It's fine. Ms. Thompson: Okay. Chair Sarnoff Continue. Ms. Thompson: Yes. Continuing with your roll call, Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: And then Chair Sarnoff? Chair Sarnoff Yes. Ms. Thompson: The ordnance has been passed on first reading, 3-0. PZ.6 09-01007Iu ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE LAND First Reading City of Miami Page 22 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS AMENDED, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF REAL PROPERTIES LOCATED AT APPROXIMATELY 755 NORTHWEST 67TH STREET AND 890 NORTHWEST 69TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "HIGH -DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-010071u Analysis.pdf 09-010071u Land Use Map.pdf 09-010071u Aerial Map.pdf 09-010071u School Board Concurrency.pdf 09-010071u PAB Reso.pdf 09-010071u Application & Supporting Documents.pdf 09-010071u CC Legislation (Version 2).pdf 09-010071u & 09-01007zc Exhibit A.pdf 09-010071u CC FR 12-17-09 Fact Sheet.pdf 09-010071u-Submittal-Carol Garvin.pdf 09-010071u-Submittal-PowerPoint Presentation -Sean -Paul Melito.pdf 09-010071u-Submittal-Commissioner Sarnoff.pdf 09-010071u-Submittal-Ron Book.pdf LOCATION: Approximately 755 NW 67th Street and 890 NW 69th Street [Commissioner - District 5] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of The Village Miami, Ltd FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 7, 2009 by a vote of 7-2. See companion File ID 09-01007zc. PURPOSE: This will change the above properties to "High -Density Multifamily Residential". 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 6. Lucia Dougherty: 6 and 7 are also companion. Chair Sarnoff We'll take PZ. 6 and PZ.7 as a joint -- as a public hearing for both. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.6 and PZ.7 are companion item, also the amendment of the future land use map of the Comprehensive Plan and the zoning atlas for the properties at 755 Northwest 67 Street and 890 Northwest 69th Street, from medium density residential to high -density multifamily residential. The Planning Department is recommending denial, finding that there's no other R-4 in the area and the area is City of Miami Page 23 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 designated R-3. And we took it to the Planning Advisory Board and the recommendation was for approval, and the Zoning Board recommended for approval too. Chair Sarnoff All right. Public hearing is open on PZ.5 and -- Priscilla A. Thompson (City Clerk): 6 and 7. Chair Sarnoff I'm sorry, 6 andPZ.7. Anybody wishing to be heard, please step up. Ms. Dougherty, you are recognized for the record. Ms. Dougherty: Thankyou very much. Lucia Dougherty and Iris Escarra, with offices at 1221 Brickell Avenue, here today on behalf of the owners and the applicants. And with me this evening is -- and this -- the owners are actually a joint venture between the Urban League and Peninsula Developers who, between them, have actually built about 2,000 affordable housing units in the state of Florida, 1,000 in Dade County alone. Oliver Gross is here from the Urban League and Otoria Pitts and Otis Pitts are here from the Peninsula Developers. The property's about 9.3 acres between 69th and 67th Streets and between 10th and 7th Avenue. I'm just going to show you on this map. Again, here's the subject property. It is zoned R-3 currently. We are asking for an R-4 designation, which is just one designation higher. We are not asking for it because we want an increased density. In other words, we are going to keep our number of units actually less than is permitted in the R-3. Again, adjacent to it is the WASA (Water and Sewer Authority) water treatment plant and Northwestern Senior High School directly to the west. The zoning atlas shows it under Miami 21 as T6-8. Everything that we are asking for today -- and we are filing a Major Use Special Permit -- is permitted under Miami 21. Everything; density, height, FAR (Floor Area Ratio), setbacks, all of it. The reason, though, that we have asked for this rezoning is our financing actually requires us to request the rezoning and to move forward at this point. And we are filing a Major Use Special Permit in January. Again, this is the site plan that we are proposing. And these are the elevations that we are proposing. We have actually been in the discussions -- because, as you know, with affordable housing, you have to go through a lottery sort of system, and we have actually been under plan with this for over two and a half years, but never have had financing. We are currently now about to undergo and get the financing that are necessary. But almost ten years ago, the Urban League purchased this property and they took down what we would really consider a slum. It had overcrowding, crime, no maintenance, functionally obsolete buildings, and now want to build something that is for families. In other words, it's going to be larger units, not smaller units, and primarily the Urban League -- its constituents are single women heads of household. Eighty percent of the people that they serve are single women heads of household And their mission is to build a community, not to build buildings. Their mission is to actually -- as you know, the only long-term solution to poverty is education, and you can't be educated if you're in a crowded house with a television running and every -- and three people in a one -room house. So that's their mission, and they've done it well throughout the years. Otis Pitts is with us this evening. I'd like him to come forward and give a little bit of history about his involvement in this community and particularly in this particular community. The project will have a clubhouse, computer room, social hall, fitness, pool, children's playgrounds, classes on homeownership, job training, parental training, and tutoring for children. It is an ideal place for a residential site because it is close to five different schools and lots of transportation. Otis, would you like to come forward just a sec? Otis Pitts: Thankyou very much. This neighborhood is the neighborhood) grew up in. My family still lives on the next street over, three of my brothers and one sister. Being a former City ofMiami police officer, I used to walk the beat in this area as well, so I know the area very well. We have built 320 units in the Edison Center Business District. I did the first midrise at 58th Street and 7th Avenue. Those properties are still well -maintained with families in there and they've been very stable in the area. We wanted to take addition to housing commercial development in the area as well, so this will be a great addition -- this particular site had a lot of crime and problems as we grew up over the years. And so the Urban League to acquire it and City ofMiami Page 24 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 asked us to jointly come in and to replace it with some decent affordable housing. We welcome the opportunity to do it. Chair Sarnoff Can I ask a question? Ms. Bru: And just for your information, Mr. Pitts also built this -- this is a commercial center. And in order to support commercial so that the folks don't have to go -- some leave their neighborhood to go and buy a, you know, pair of athletic shoes. You need to have the residents to support it. Chair Sarnoff What -- are you going to be seeking a parking reduction? Ms. Dougherty: Well, I don't believe so, but we have a Major Use Special Permit coming before you next -- Chair Sarnoff January. Ms. Dougherty: -- couple of months. Chair Sarnoff So you'd know, and that's my question. Are you going to seek a parking reduction? Ms. Dougherty: I don't know. I tell you that because I've heard your message. Chair Sarnoff This is exactly, I think, the problem -- well, this could be the poster child for a problem is all I'm saying. Okay. All right, so public hearing is open. Anybody from the public wishing to be heard? Michael Cox: Mr. Chairman, Commissioners, Michael Cox of Biscayne Housing Group. I live in the district, 828 Northwest 9th Avenue. Probably for the first time in history, one affordable housing developer is going to support another affordable housing developer. This is a very important site in the City ofMiami, andl think it's perfect for affordable housing for families. Andl wanted to correct -- or at least comment on a few things heard earlier. My company, since October 1, has rented over 300 units of affordable housing in the City, and the -- we are seeing the demand is greatly increased since the economic downturn. This site, because of its location and proximity to schools, I think is very important and it's also on a transportation corridor coming right down towards my neighborhood, which is over near Jackson Hospital, and so I just wanted to give my support. Thank you. Chair Sarnoff Thank you. Anyone else in the public wishing to be heard on PZ. 6 and PZ.7? Hearing none, seeing none, it comes back to the Commission. Gentlemen, can we get a motion? Commissioner Suarez: I'll make the motion. Chair Sarnoff All right. Is there a second? Vice Chair Carollo: Second, with discussion. Chair Sarnoff Go ahead with discussion. Vice Chair Carollo: I see the Planning Department denial. They're recommending to denial [sic]. I just want to hear a little bit more on why denial. Mr. Lavernia: What is happening is the request is for high -density residential, so we have to do the analysis for the potential uses of that category. In reality, what they are offering is low, very City ofMiami Page 25 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 low from the potential uses. But again, we cannot accept a set of plans or a covenant. That's up to the Commission to do it. We have to analyze the worst potential uses. And certainly, there's a huge difference between the height of R-3 and the height of R-4, which is unlimited. Vice Chair Carollo: Understood. Thank you. Commissioner Suarez: My question is, has such a covenant been proffered or --? Ms. Dougherty: No. We're going to do a Major Use Special Permit. Commissioner Suarez: Okay. Ms. Dougherty: So you'll get to see the whole plans. Chair Sarnoff So -- Commissioner Suarez: We'll get the specifics at that moment. Ms. Dougherty: Correct. Chair Sarnoff -- we'll see everything on the second readings of everything. Commissioner Suarez: Perfect. Chair Sarnoff Okay. Commissioner Suarez: Perfect. Thank you. Chair Sarnoff All right. So we have an ordinance. We have a -- Any further discussion, gentlemen? All right, an ordinance, Madam City Attorney. Maria J. Chiaro (Deputy City Attorney): Yes. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The item has been passed on first reading, 3-0. Ms. Dougherty: Mr. Chair, I just want to make one thing clear. We're going to be filing in January. We have -- you won't see it at your second reading, but you'll see it January. You'll see -- we will have filed it by then. Let's put it that way. I just -- that's the reason I didn't -- I couldn't answer you straight from whether or not we had a parking reduction 'cause we haven't actually filed it. Chair Sarnoff Here's what I know, Ms. Dougherty. Ms. Dougherty: Yes, sir. I know. Chair Sarnoff We'll see this on second reading, so that there'll be a covenant. Ms. Dougherty: Okay. We can do the covenant. That's not a problem. City of Miami Page 26 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff And whenever -- Ms. Dougherty: No, that's fine. Chair Sarnoff -- you do the second reading, we'll see the plan. Ms. Dougherty: Well, I can do the covenant preceding the Major Use Special Permit. That's fine. Chair Sarnoff Or you could do the covenant post or at the same time. Ms. Dougherty: Well, I'm -- what I'm saying to you is won't be filing it 'til January, so it has to go to the Planning Advisory Board first so -- Chair Sarnoff Right. I wasn't the one that said that you'd see it in January; you did. PZ.7 09-01007zc 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 "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 6886 NORTHWEST 7TH AVENUE A/K/A 755 NORTHWEST 67TH STREET AND 890 NORTHWEST 69TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-01007zc Analysis.pdf 09-01007zc Zoning Map.pdf 09-01007zc Aerial Map.pdf 09-01007zc Application & Supporting Docs.pdf 09-01007zc Survey.pdf 09-01007zc ZB Reso.pdf 09-01007zc Additional Warranty Deed.pdf 09-01007zc CC Legislation (Version 2).pdf 09-010071u & 09-01007zc Exhibit A. pdf 09-01007zc CC FR 12-17-09 Fact Sheet.pdf LOCATION: Approximately 6886 NW 7th Avenue A/K/A 755 NW 67th Street and 890 NW 69th Street [Commissioner - District 5] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of The Village Miami, Ltd FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on November 9, 2009 by a vote of 8-0. See companion File ID 09-010071u. PURPOSE: This will change the above properties to "R-4" Multifamily High -Density Residential. The applicant will proffer a covenant for these properties. City of Miami Page 27 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 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.7. Maria 1 Chiaro (Deputy City Attorney): They're -- Vice Chair Carollo: Companion. Ms. Chiaro: Yes. We need the companion ordinance. Chair Sarnoff All right. Is there a motion? Commissioner Suarez: I make the motion. Chair Sarnoff Is there a second? Vice Chair Carollo: So -- second. Chair Sarnoff Any discussion, gentlemen? Hearing none, it's an ordinance. You have a first and a second. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Lucia Dougherty: Thanks very much. Ms. Thompson: The ordinance has been passed on first reading, 3-0. PZ.8 09-00873zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE VII, ENTITLED "HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD", AND SPECIFICALLY SECTION 62-189, ENTITLED "PROCEEDINGS", BY CHANGING THE NUMBER OF VOTES REQUIRED FOR ALL DECISIONS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD (WITH THE EXCEPTION OF DESIGNATION ACTIONS) SO THAT PASSAGE OF A MOTION REQUIRES A SIMPLE MAJORITY RATHER THAN A CONCURRING VOTE OF FIVE MEMBERS OF THE BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00873zt HEPB Reso.pdf 09-00873zt CC Legislation (Version 1).pdf 09-00873zt CC FR 12-17-09 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of City of Miami Page 28 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 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 eliminate the requirement of obtaining five affirmative votes for the passage of certain decisions of the Historic and Environmental Preservation Board. 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.8. Ellen Uguccioni (Planning Department): Thank you, Mr. Chairman, members of the Commission. Ellen Uguccioni, Preservation Officer. This is a minor change to Chapter 62, which establishes the Historic and Environmental Preservation Board. Currently, the board is required to have five concurring votes for both historic designations and for certificates of appropriateness and the board has asked to change that language so that there are still five affirmative votes required for designation, but that there's a simple majority, just for the certificates of appropriateness process. And that is our request. Chair Sarnoff Plain English, go one more time. You want to go -- you don't want -- you want your quorum to be smaller, right? Ms. Uguccioni: The quorum is four, sir, and that was done in 2005 by the Commission. The problem is that during the certificates of appropriateness hearings, often there are different views and the votes will be like 3-2 or, you know -- and they want the ability to be able to pass on a simple majority. Chair Sarnoff By simple majority. Ms. Uguccioni: Yes, sir. Chair Sarnoff Okay. All right. Is there any -- PZ.8, I'm going to open up a public hearing. Anyone from the public wishing to be heard on PZ.8? Hearing none and seeing very few, I would like to bring this back to the Commission. There's a comedian back there. All right. Is there a motion, gentlemen? Commissioner Suarez: I make the motion. Chair Sarnoff There's a motion to approve on PZ.8 by Commissioner Suarez. Is it seconded? Vice Chair Carollo: Second. Chair Sarnoff Seconded by Commissioner Carollo. Any discussion, gentlemen? Hearing no discussion, it is an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. City of Miami Page 29 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Ms. Thompson: Roll call. Vice Chair Carollo? Vice Chair Carollo: Yes. Ms. Thompson: Chair Suarez -- I'm sorry, Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff Don't elevate him too quickly. Commissioner Suarez: Not to the chair part. Chair Sarnoff He's -- Commissioner Suarez: To the vote part, okay. Chair Sarnoff -- waiting on that, but just give him a couple more years. Ms. Thompson: I beg your pardon. Commissioner Suarez: No comment. Chair Sarnoff Yes, ma'am. Ms. Thompson: Okay, then the ordinance has been passed on first reading, 3-0. PZ.9 09-01337zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4, ARTICLE I, SECTION 4-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY, BY ADDING A NEW SECTION ENTITLED "CITY COMMISSION APPROVAL FOR USE AND EXTENDED HOURS", RELATED TO ALCOHOLIC BEVERAGE SALES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-01337zt CC Legislation (Version 1).pdf 09-01337zt CC FR 12-17-09 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow for all bars (including taverns, pubs and lounges as principal uses), and all nightclubs and supper clubs to be permitted upon approval by the City Commission, except in Downtown Miami. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. City of Miami Page 30 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: PZ.9 - PZ.15 were deferred to the City Commission meeting currently scheduled for March 25, 2010. Chair Sarnoff All right, PZ.9. Vice Chair Carollo: Mr. Chair. Chair Sarnoff Yes, sir. Vice Chair Carollo: PZ.9 through PZ.15 relate to Miami 21. That's why I have mentioned various times if we could defer that to -- Chair Sarnoff Do we have a motion? Vice Chair Carollo: I make a motion to defer PZ.9 through PZ.15 to the March meeting. Commissioner Suarez: I second the motion for -- Chair Sarnoff All right. Commissioner Suarez: -- our sanity's sake. Chair Sarnoff Motion for -- motion and a second. All in favor, please say "aye. " The Commission (Collectively): Aye. PZ.10 09-01342zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 62, ENTITLED "ZONING AND PLANNING" TO CREATE NEW DIVISIONS 1, 2, AND 3 IN ARTICLE XIII, ENTITLED "ARTICLE XIII ZONING APPROVALS FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED" AND RENAMING SAID SECTION TO "APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED"; TO ALLOW THE CITY MANAGER TO CREATE A TEMPORARY EVENT PERMIT PROCESS, A TEMPORARY PERMIT PROCESS, AND AN INTERIM PARKING PROGRAM TO AUTHORIZE CERTAIN TEMPORARY USES, INTERIM PARKING USES AND EVENTS, AND SET FORTH PROVISIONS FOR SAID PERMITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-01342zt CC Legislation (Version 1).pdf 09-01342zt CC FR 12-17-09 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. City of Miami Page 31 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 PURPOSE: This will create a temporary event permit process, a temporary permit process, and an interim parking program to authorize certain temporary uses, interim parking use and events in Chapter 62, Article XIII. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: PZ.9 - PZ.15 were deferred to the City Commission meeting currently scheduled for March 25, 2010. Note for the Record: For minutes related to Items PZ.10 - PZ.15, see Item PZ.9. PZ.11 09-01344zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ENVIRONMENTAL PRESERVATION" WHICH ESTABLISHES PROCEDURES FOR THE REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; AND REPEALING ARTICLE 8.1 OF ZONING ORDINANCE 11000, THE ZONING CODE OF THE CITY OF MIAMI, ENTITLED "TREE PROTECTION" IN ITS ENTIRETY, AND INCORPORATING ITS PROVISIONS INTO A NEW ARTICLE I IN CHAPTER 17 OF THE CITY CODE, TO CREATE A NEW ARTICLE I ENTITLED "TREE PROTECTION IN GENERAL"; ALSO ADDING AND CLARIFYING CERTAIN SECTIONS IN ARTICLE I; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01344zt CC Legislation (Version 1).pdf 09-01344zt CC FR 12-17-09 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Chapter 17 to establish procedures for the removal of trees in environmental preservation districts, repeal Article 8.1 of Zoning Ordinance 11000 and incorporate those sections into a new article of Chapter 17 entitled "Environmental Protection." Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: PZ.9 - PZ. 15 were deferred to the City Commission meeting currently scheduled for March 25, 2010. Note for the Record: For minutes related to Items PZ.10 - PZ.15, see Item PZ. 9. PZ.12 09-01345zt ORDINANCE First Reading City of Miami Page 32 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING," TO CONFORM THE PROVISIONS RELATED TO THE CREATION OF A PLANNING AND ZONING APPEALS BOARD TO THE MIAMI 21 ZONING ORDINANCE, BY AMENDING BY AMENDING ARTICLES I THROUGH IV AND REPEALING ARTICLE V; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-01345zt CC Legislation (Version 1).pdf 09-01345zt CC FR 12-17-09 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Chapter 62 to create the Planning Zoning and Appeals Board as established in the Miami 21 Zoning Ordinance. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: PZ.9 - PZ.15 were deferred to the City Commission meeting currently scheduled for March 25, 2010. Note for the Record: For minutes related to Items PZ.10 - PZ.15, see Item PZ.9. PZ.13 09-01346zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING FEES", MORE PARTICULARLY, BY AMENDING SECTIONS 62-156 THROUGH 62-159, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO CONFORM TERMINOLOGY FOR FEES WITH THE MIAMI 21 ZONING ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-01346zt CC Legislation (Version 1).pdf 09-01346zt CC FR 12-17-09 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Article VI of the City Code to conform terminology for fees with the Miami 21 Zoning Ordinance. City of Miami Page 33 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: PZ.9 - PZ. 15 were deferred to the City Commission meeting currently scheduled for March 25, 2010. Note for the Record: For minutes related to Items PZ.10 - PZ.15, see Item PZ. 9. PZ.14 09-01347zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENFORCE EQUIVALENT PROVISIONS IN ZONING ORDINANCE NO. 11000 UNDER CORRESPONDING PROVISIONS IN THE MIAMI 21 CODE, AS INTERPRETED BY THE PLANNING DIRECTOR; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-01347zt CC Legislation (Version 1).pdf 09-01347zt CC FR 12-17-09 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will authorize the City Manager to enforce provisions in the Miami 21 Ordinance that correspond to similar provisions currently existing under Zoning Ordinance 11000. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: PZ.9 - PZ.15 were deferred to the City Commission meeting currently scheduled for March 25, 2010. Note for the Record: For minutes related to Items PZ.10 - PZ.15, see Item PZ.9. PZ.15 09-01406zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING," TO CONFORM WITH THE PROCEDURAL PROVISIONS RELATED TO THE MIAMI 21 ZONING ORDINANCE, BY AMENDING ARTICLES IX THROUGH XII; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-01406zt CC Legislation (Version 1).pdf 09-01406zt CC FR 12-17-09 Fact Sheet.pdf City of Miami Page 34 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Chapter 62 of the City Code to conform with the procedural provisions related to the Miami 21 Zoning Ordinance. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: PZ.9 - PZ.15 were deferred to the City Commission meeting currently scheduled for March 25, 2010. Note for the Record: For minutes related to Items PZ.10 - PZ.15, see Item PZ.9. PZ.16 08-00400Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2744 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-004001u Analysis.pdf 08-004001u Land Use Map.pdf 08-004001u Aerial Map.pdf 08-004001u School Board Impact Analysis.pdf 08-004001u Application & Supporting Documentation.pdf 08-004001u PAB Reso.pdf 08-004001u & 08-00400zc Exhibit A.pdf 08-004001u CC Legislation (Version 4).pdf 08-004001u CC SR 12-17-09 Fact Sheet.pdf LOCATION: Approximately 2744 SW 7th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Rodolfo Lleonart, President, on behalf of Rollert Investments, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. City of Miami Page 35 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 21, 2008 by a vote of 5-3. See companion File ID 08-00400zc. PURPOSE: This will change the above property to Restricted Commercial. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff All right. PZ.16. Hearing none, seeing none -- Pedro G. Hernandez (City Manager): Mr. Chairman, I think it's -- these are the land use change for 2744 Southwest 7th Street. My understanding in talking to Commissioner Suarez is that he desired to defer those two items, 16 and 17. Chair Sarnoff 16 and 17. Has there been a motion -- Mr. Hernandez: Right. Chair Sarnoff -- to defer? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff All right, motion and a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff PZ.18 -- Priscilla A. Thompson (City Clerk): Do we have a meeting date, please, Chair? Chair Sarnoff When would you like that returned? Commissioner Suarez: Infinity. Mr. Hernandez: Second meeting -- well, it's the second meeting -- Chair Sarnoff No, no. Let's -- wait, wait, wait. Everybody wants to do second, first meetings. You guys are piling up an agen -- this is never getting better, guys. Mr. Hernandez: No. Chair Sarnoff You -- if you just look at what we're doing, we are deferring 20 to 25 percent of agendas. This is going to pile up on us and this meeting is never going to get better. So if you want to start -- you're going to start deferring things, look at March and April now. Mr. Hernandez: Mr. Chairman, this is a case where Mr. Toledo is going to be meeting with the applicant and the applicant may have no desire of pursuing the item anymore, so -- Chair Sarnoff So it's deferred indefinitely, correct, until you put it back on the agenda? Commissioner Suarez: That's -- City of Miami Page 36 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Mr. Hernandez: Yes. Commissioner Suarez: -- basically it, yeah. Chair Sarnoff Okay. Moving on to PZ.18. Mr. Hernandez: It's just that we had the -- the other choice that we had was to actually deny it -- Chair Sarnoff PZ.18, Mr. Hernandez: -- and we were going to give them -- Vice Chair Carollo: It's been deferred. Mr. Hernandez: That was deferred already. Chair Sarnoff PZ.19. Mr. Hernandez: It was deferred -- Vice Chair Carollo: It's been deferred. Mr. Hernandez: -- already. Chair Sarnoff We're done, gentlemen. Vice Chair Carollo: We're done. Chair Sarnoff What a way to fly an airline. Mr. Hernandez: Mr. Chairman, if you allow me, I would like to wish all of you happy holidays and I know --- Chair Sarnoff Well, no. You're coming back on the 22nd. Vice Chair Carollo: Remember that special -- Mr. Hernandez: Mr. Chairman, if you allow me -- Chair Sarnoff Don't tell me you're going away. Mr. Hernandez: No, no, no, no. Chair Sarnoff Okay. Mr. Hernandez: It's just that we -- Mr. Spring told Brian May that if they were able to communicate with Turkey and if the news was negative, to let us know, because we don't want to have a meeting here on the 22nd at 9 a.m. for nothing. Chair Sarnoff Well, would we then not resolve --? Vice Chair Carollo: Right. We have to have a meeting. Mr. Hernandez: You have to have a meeting in order to vote -- City of Miami Page 37 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Commissioner Suarez: Right. Mr. Hernandez: -- on the item. Chair Sarnoff Right. It would simply be a vote. Vice Chair Carollo: Exactly. Mr. Hernandez: Okay. Chair Sarnoff Unless you gentlemen don't want to do that. Vice Chair Carollo: But it -- Mr. Hernandez: No, that's -- Vice Chair Carollo: -- it's my understanding we have to have a meeting anyways because there's an item that hasn't been resolved. Chair Sarnoff Right. Vice Chair Carollo: I mean, there's still a resolution there. Mr. Hernandez: Okay, so it's -- Chair Sarnoff So we actually -- Mr. Hernandez: -- it was recessed, okay. Chair Sarnoff Right. We actually said it was -- Vice Chair Carollo: It was recessed. Chair Sarnoff -- recessed. We're not going to -- Mr. Hernandez: Right. Chair Sarnoff -- adjourn this meeting. Mr. Hernandez: But anyway, we'll try to reach out to him to know where they stand anyway. But I -- Chair Sarnoff Madam -- Mr. Hernandez: -- understand that from the City Attorney that the meeting has to happen anyway. It was recessed to that date. Chair Sarnoff Ms. Eisenberg is mad at you now. Mr. Hernandez: Maybe I have a couple of lunches to give up. Chair Sarnoff You might have to give her one. Mr. Hernandez: Yes. City of Miami Page 38 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Let her get it off her chest before she bursts. Maria J. Chiaro (Deputy City Attorney): You may move to adjourn this PZ (Planning & Zoning) meeting that you just finished right now. Chair Sarnoff I think that's what she was -- Ms. Chiaro: You recessed your -- Chair Sarnoff -- saying. Ms. Chiaro: -- previous meeting -- Chair Sarnoff All right, so -- Ms. Chiaro: -- until Tuesday. Chair Sarnoff -- gentlemen, motion to adjourn. We need one. Commissioner Suarez: I move to adjourn this PZ meeting. Vice Chair Carollo: Second. Chair Sarnoff All in favor, "aye." The Commission (Collectively): Aye. Chair Sarnoff We just didn't recess on the regular meeting. Anybody not coming on the 22nd, Merry Christmas, Happy Hanukkah, which is ongoing, Happy Kwanzaa. PZ.17 08-00400zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2744 SOUTHWEST 7TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00400zc Zoning Map.pdf 08-00400zc Aerial Map.pdf 08-00400zc Application & Supporting Documentation.pdf 08-00400zc ZB Reso.PDF 08-004001u & 08-00400zc Exhibit A.pdf 08-00400zc Analysis - NEW.pdf 08-00400zc CC Legislation (Version 3).pdf 08-00400zc CC SR 12-17-09 Fact Sheet.pdf LOCATION: Approximately 2744 SW 7th Street [Commissioner Francis Suarez - District 4] City of Miami Page 39 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 APPLICANT(S): Rodolfo Lleonart, President, on behalf of Rollert Investments, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 9, 2008 by a vote of 5-0. See companion File ID 08-004001u. PURPOSE: This will change the above property to C-1 Restricted Commercial. The applicant will proffer a covenant for this property. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: For minutes related to Item PZ.17, see Item PZ.16. PZ.18 08-010841u ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4103-037-0430 AND 01-4103-037-0431, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-010841u Analysis.pdf 08-010841u Land Use Map - NEW.pdf 08-010841u Aerial Map - NEW.pdf 08-010841u PAB Reso.pdf 08-010841u Miami -Dade County Public School Concurrency.pdf 08-010841u Letter of Intent - Revised.pdf 08-010841u Letter of Intent - Original Request.pdf 08-010841u Application & Supporting Documentation - NEW.pdf 08-010841u CC Legislation (Version 3).pdf 08-010841u Exhibit A.pdf 08-010841u CC FR 12-17-09 Fact Sheet.pdf LOCATION: Approximately Two Unassigned Addresses, Having Folio Numbers 01-4103-037-0430 and 01-4103-037-0431 [Commissioner Frank Carollo - District 3] APPLICANT(S): Gilberto Pastoriza, Esquire, and Estrellita Sibila, Esquire, on behalf of The District Board of Trustees of Miami Dade Community College, Florida City of Miami Page 40 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval of the original request, which included all properties, to City Commission on March 18, 2009, except for the North 25 feet parallel to SW 5th Street, which is to remain with the "Single -Family Residential" Land Use designation, by a vote of 7-0. See companion File ID 08-01084zc. PURPOSE: This will change the above properties to "Major Institutional, Public Facilities, Transportation and Utilities". NOTE(S): The City Commission indefinitely deferred the original request, which included all properties, on June 25, 2009. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Before we start PZ.4, ifI may, I would like to make a motion to defer PZ.18 and 19. I see people here in the audience that are from my district, andl wish that they don't stay here and then it gets deferred later on, so I would like, if possible, defer those two items. Chair Sarnoff So we have a motion to defer PZ.18 and 19 until when? Vice Chair Carollo: January meeting, January 28. Chair Sarnoff January -- so the second meeting in January. Is there a second? Commissioner Suarez: Has this been deferred before? Pedro G. Hernandez (City Manager): This is an item, Commissioners, that had been originally to the City Commission. There was some opposition to it. There were meetings with the neighbors. The applicant then modified the proposal. It went back to, I think, Planning Advisory Board, and now it's coming before you again with the modified plan. Gilberto Pastoriza: Mr. Chairman, ifI could be recognized? Chair Sarnoff Is this on the PZ -- Mr. Pastoriza: Yes. Chair Sarnoff -- we're discussing? Mr. Pastoriza: It may be -- Chair Sarnoff You're recognized for the record. Please state your name for the record. Mr. Pastoriza: Gil Pastoriza, 2525 Ponce. I represent the College. As a courtesy to the Commissioner, we will agree to defer this matter to January, so we don't have an issue with that. City of Miami Page 41 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff So without objection is what you're saying? Mr. Pastoriza: I -- we don't have any objections to the deferral -- Chair Sarnoff Okay. Mr. Pastoriza: -- as a courtesy to the Commissioner. Chair Sarnoff Thank you, Mr. Pastoriza. Commissioner Suarez: I agree. Chair Sarnoff All right. We have a motion. I'll take the agreement as a second. Commissioner Suarez: At -- this is -- yours is the -- that's right. I second the motion, yes. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. Maria J. Chiaro (Deputy City Attorney): And that's a deferral of PZ.18 and 19? Mr. Pastoriza: Yes. Vice Chair Carollo: That's correct. Ms. Chiaro: Until January 28. Mr. Pastoriza: Okay. Ms. Chiaro: Thank you. Chair Sarnoff All right. Mr. Pastoriza: Thank you. Happy holidays. Chair Sarnoff Happy holiday to you, Mr. Pastoriza. PZ.19 08-01084zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 34, 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 OF "PARCEL A" FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "R-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2508, 2524, 2534, 2538, 2590, 2600, 2610 AND 2620 SOUTHWEST 5TH STREET AND ONE UNASSIGNED ADDRESS, HAVING FOLIO NUMBER 01-4103-037-0280; AND "PARCEL B" FROM "R-2" TWO-FAMILY RESIDENTIAL TO "G/I" GOVERNMENT AND INSTITUTIONAL, FOR TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4103-037-0430 AND 01-4103-037-0431, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 42 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 08-01084zc CC Analysis - NEW.pdf 08-01084zc Zoning Map - NEW.pdf 08-01084zc Aerial Map - NEW.pdf 08-01084zc Letter of Intent - Revised.pdf 08-01084zc Letter of Intent - Original Request.pdf 08-01084zc Application & Supporting Docs - NEW.pdf 08-01084zc Surveys.pdf 08-01084zc ZB 04-13-09 Resos.pdf 08-01084zc ZB 09-21-09 Resos.pdf 08-01084zc CC Legislation (Version 4).pdf 08-01084zc Exhi bit A.pdf 08-01084zc CC FR 12-17-09 Fact Sheet.pdf LOCATION: "Parcel A": Approximately 2508, 2524, 2534, 2538, 2590, 2600, 2610 and 2620 SW 5th Street and One Unassigned Address, Having Folio Number 01-4103-037-0280; and "Parcel B": Two Unassigned Addresses, Having Folio Numbers 01-4103-037-0430 and 01-4103-037-0431 [Commissioner Frank Carollo - District 3] APPLICANT(S): Gilberto Pastoriza, Esquire, and Estrellita Sibila, Esquire, on behalf of The District Board of Trustees of Miami -Dade Community College, Florida FINDING(S): PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval, which failed, constituting a recommendation of denial, to City Commission on September 21, 2009 by a vote of 3-5. The board also recommended to the City Commission that the board will not object to an "SD-12" Overlay for all parcels included on the application, to achieve the parking needs of Miami -Dade College, by a vote of 5-3. See companion File ID 08-010841u. PURPOSE: This will change "Parcel A" to "R-1" Single -Family Residential with an "SD-12" Buffer Overlay District and "Parcel B" to "G/I" Government and Institutional. NOTE(S): The Zoning Board recommended denial to City Commission on April 13, 2009 by a vote of 3-2 of the original request to "Gil" Government and Institutional for all of the properties. They also recommended to the City Commission that the board will not object to an "SD-12" Overlay to achieve the parking needs of the Miami -Dade College, by a vote of 4-1. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: For minutes related to Item PZ.19, see Item PZ.18. PZ.20 09-00800x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE City of Miami Page 43 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 DECISION OF THE ZONING BOARD AND THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 924.11, TO ALLOW EXTENSIONS OF DOCKS AND PIERS INTO WATERWAYS EXTENDING MORE THAN 35 FEET IN LENGTH, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3300 SOUTH MOORINGS WAY, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE, CONDITIONS SET FORTH, AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 09-00800x Analysis.pdf 09-00800x Zoning Map.pdf 09-00800x Aerial Map.pdf 09-00800x Application & Supporting Docs.pdf 09-00800x Plans.pdf 09-00800x ZB Reso.pdf 09-00800x Appeal Letter.pdf 09-00800x CC Legislation (Version 3).pdf 09-00800x CC Legislation (Version 4).pdf 09-00800x Exhibit A.pdf 09-00800x CC 12-17-09 Fact Sheet.pdf LOCATION: Approximately 3300 S Moorings Way [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Bruce G. Hermelee, Esquire, on behalf of The Moorings Property Owners Association, Inc., Lawrence D. Tornek and Gerald Keifer, Residents APPLICANT(S): Richard A. Brunnell, President, on behalf of SkyScrapper, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval of the original request. ZONING BOARD: Granted the Special Exception with conditions* on October 19, 2009 by a vote of 9-0. *See supporting documentation. PURPOSE: The approval of this appeal will not allow extensions of docks and piers with more than 35 feet into waterways. 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 Chair Sarnoff All right, PZ.1. Mr. Manager, are you ready? Commissioner Suarez: Mr. Chairman. Chair Sarnoff I just wanted to see if you'd turn around fast. Commissioner Suarez: Mr. Chairman, just to save a little bit of time -- City of Miami Page 44 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Yes. Commissioner Suarez: -- it's been brought to my attention that one of the PZ (Planning & Zoning) items needs to be -- wants to be deferred. Chair Sarnoff Which one is that? Commissioner Suarez: Is it PZ. 20? Chair Sarnoff PZ.20. So let's -- Vice Chair Carollo: So move. Chair Sarnoff All right, PZ.20 then. Is there a motion to defer to the -- do you have a date you want to come back? Estrellita Sibila: The January meeting would be -- Chair Sarnoff The second meeting -- Ms. Sibila: -- perfect for us. Chair Sarnoff -- in January? Ms. Sibila: Yes. Chair Sarnoff All right. Is there a motion to defer to the second meeting in January? Commissioner Suarez: I move -- I so move. Vice Chair Carollo: So move. Commissioner Suarez: Sorry. Chair Sarnoff All right. We have a motion by Commissioner Suarez, seconded by Commissioner Carollo. Any discussion on the item? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. So, PZ.20 is now deferred. Ms. Sibila: Thank you. END OF PLANNING AND ZONING ITEMS ADJOURNMENT A motion was made by Commissioner Suarez, seconded by Vice Chair Carollo, and was passed unanimously, to adjourn today's Planning & Zoning meeting. City of Miami Page 45 Printed on 1/8/2010