Loading...
HomeMy WebLinkAboutCC 2011-12-15 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 r V d1C1Re 4RATtI V. 4r r3 i'e � �.2- Meeting Minutes Thursday, December 15, 2011 2:00 PM PLANNING AND ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes December 15, 2011 INVOCATION AND PLEDGE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo and Commissioner Suarez Absent: Commissioner Spence -Jones On the 15th day of December 2011, 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 Planning and Zoning Commission Meeting was called to order by Chair Gort at 7:56p.m., and adjourned at 10:40 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Priscilla A. Thompson, City Clerk ORDER OF THE DAY Chair Gort: Welcome to the Planning & Zoning Board [sic] meeting. At this time, Madam Clerk. Priscilla A. Thompson (City Clerk): If I'm not mistaken, the City Clerk [sic] has a prepared statement to read for the P&Z (Planning & Zoning). Maria J. Chiaro (Deputy City Attorney): The PZ item shall proceed according to Section 7.1.4 of the Miami 21 zoning code. Before any PZ item is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe each item as it is heard. The members of the City Commission shall disclose any ex parte communications. The appellant or petitioner will then present the request or may waive the right to an evidentiary hearing. The order of presentation shall be as determined in the City code. Members of the public may be permitted to speak on certain petitions. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing on that item anything provided to anyone for agreement to support or withhold objection to a requested action. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record only at the City Commission discretion. Chair Gort: Thank you, ma'am. Madam -- Ms. Thompson: Ladies and gentlemen, if you are here in the audience and you are going to be testing on the P&Z items, I need you to please stand so that can swear you in, and also need to make sure that you have completed our speaker sheet so we have your name and address for our record. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Gort: Thank you. Yes, ma'am. Ms. Chiaro: Mr. Chair, you need a motion to continue officially the first three items on your agenda as you previously announced. Commissioner Suarez: Move to continue them. City ofMiami Page 2 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez -- Francisco Garcia (Director, Planning): IfI may add. Chair Gort: -- second by Commissioner Sarnoff -- Mr. Garcia: IfI may add, please. Can we make -- Chair Gort: -- this -- for continue 1, 2, 3, and 4. Mr. Garcia: Yes, sir. And -- Ms. Thompson: No, 1, 2, 3. Mr. Garcia: -- ifI may add also to a date certain and specify what the date is so that we can forego having to renotice? Chair Gort: Yes. Mr. Garcia: Thank you, sir. What I would like to propose is that item PZ.1 be continued to a date certain of January 26, that item PZ.2 be continued to a date certain of January 12, and item PZ.3 be continued to a date certain of January 12. Commissioner Suarez: So moved. Commissioner Sarnoff. I'd like to -- Vice Chair Carollo: Second. Commissioner Sarnoff. -- modify PZ.1 to be brought back to us in the first meeting in June. Mr. Garcia: I'm sorry, first meeting in June? Commissioner Sarnoff. June. Mr. Garcia: Very well. Chair Gort: Okay. Vice Chair Carollo: June? Commissioner Sarnoff. As you would say, Frank, give them time. Let them know that they work Vice Chair Carollo: You're learning. Commissioner Sarnoff. -- their own -- I'm learning. Vice Chair Carollo: You're learning, Commissioner. Ms. Thompson: So that -- we want to make sure -- City ofMiami Page 3 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: I modin, my motion. Ms. Thompson: -- PZ.1 will be heard at the June 14, 2012 meeting. That's what I'm hearing. Chair Gort: That's correct. Vice Chair Carollo: I modin, my second. Commissioner Suarez: There you go. Ms. Thompson: And -- Commissioner Suarez: It's a gold star. Chair Gort: You have it? Ms. Thompson: Yes, sir. I'm sorry. Chair Gort: Okay. All in favor, state it by saying aye." The Commission (Collectively): Aye. City ofMiami Page 4 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 PLANNING AND ZONING ITEMS Chair Gort: At this time, at 3 o'clock, we have -- let me ask you a question. I understand there's quite a few Planning & Zoning that would like to ask for a deferral. Can we do it at this time? Ms. Thompson: It's after 2 o'clock, so you can -- Chair Gort: Okay. Ms. Thompson: But we would have to -- I'm sorry, Chair. I'll have to sign off and flip over to our P&Z (Planning & Zoning). Chair Gort: We have to sign off and flip off again? Ms. Thompson: Yes. Just give me one second and we'll do that -- Chair Gort: Okay. Ms. Thompson: -- for you, okay. Ms. Bru: Madam City Clerk, you can announce -- if you want to continue items, you can announce them now and then take official action when you finish the regular meeting and open up the P&Z meeting, if that's what you want to do 'cause we still have regular items left. Ms. Thompson: That's fine. It's just I have -- just as long as I get that full record done. Chair Gort: Okay. Ms. Thompson: Thank you. Chair Gort: I understand there's some items from PZ that like to be continued. Yes, ma'am. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 333 Avenue of the Americas. I'm looking for Iris because this is her item. But I'm here with Joe Milton, and he would like a continuance of item number 3. Chair Gort: Okay. Commissioner Sarnoff.. PZ.3? Chair Gort: PZ.3, right? Commissioner Suarez: So move. Chair Gort: No. We don't make any motions yet. Commissioner Suarez: Oh, I'm sorry. Chair Gort: We -- Commissioner Suarez: I apologize. Chair Gort: Yes. It's being considered. PZ.3 will be continued. City ofMiami Page 5 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 PZ.1 10-01096cm Iris Escarra: Thank you. Chair Gort: Anyone else? Commissioner Sarnoff.. Well, just do -- for the people, I know I anticipate -- Ms. Thompson: Your mike is -- Commissioner Sarnoff.. Not on. Now it is. Thank you. I anticipate PZ.1 as being continued. Chair Gort: PZ.1 -- Commissioner Sarnoff.. Yes, sir. Chair Gort: -- is being also -- Commissioner Sarnoff.. Continued. Chair Gort: -- continued. So mainly we're doing this for information that anyone in the public that present for any one of those two items, they will know they will not be heard today and they will be continued. Ms. Thompson: And Chair, ifI might, if I'm not mistaken, on the PZ agenda, Administration was to continue PZ.2? Johnny Martinez (City Manager): Yes, PZ.1 and PZ.2. Chair Gort: PZ.1, PZ.2 and PZ.3 will be continued. So anyone here for any one of those items, please note they will not be heard today. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANTS DATED MARCH 31, 1997 AND RECORDED IN OFFICIAL RECORDS BOOK 17604, PAGES 3735-3770, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1900 BRICKELLAVENUE, MIAMI, FLORIDA. 10-01096cm CC 12-15-11 Fact Sheet.pdf 10-01096cm Maps & PZAB Reso.pdf 10-01096cm Application & Supporting Documents.pdf 10-01096cm CC Legislation (Version 3) & Exhibits.pdf LOCATION: Approximately 1900 Brickell Avenue [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Carlos J. Gimenez, Esquire, on behalf of Dr. Jorge Suarez -Menendez, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with City ofMiami Page 6 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 PZ.2 11-00910ww conditions on January 19, 2011 by a vote of 9-0. *See Exhibit "1". PURPOSE: This proposed modification will amend certain restrictions to the existing covenant. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item PZ.1 was deferred to the June 14, 2012, Miami City Commission Meeting. RESOLUTION TO BE CONTINUED BY THE ADMINISTRATION. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A WAIVER OF THE WATERFRONT CHARTER REQUIREMENT AS SET FORTH IN SECTION A 3(mm)(ii) (A) AND (B), ALLOWING A REDUCTION OF THE WATERFRONT SETBACK OF TWENTY-TWO FEET (22') BY TWELVE FEET (12'), RESULTING IN A TEN FOOT (10') WATERFRONT SETBACK, FURTHER ALLOWING A REDUCTION OF THE REQUIRED SIDE -YARD SETBACK OF FIFTY-SIX FEET (56') BY THIRTY-SIX FEET (36'), RESULTING IN A TWENTY FOOT (20') SIDE YARD SETBACK, FOR THE CRIMSON TOWER PROJECT, LOCATED AT APPROXIMATELY 527, 535 and 623 NORTHEAST 27TH STREET, MIAMI, FLORIDA. 11-00910ww CC 01-12-12 Fact Sheet.pdf 11-00910wwAnalysis, Maps & Sch. Concurrency.pdf 11-00910wwApplication & Supporting Documents.pdf 11-00910ww Zoning Write Up & Plans.pdf 11-00910ww CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 527, 535 and 623 NE 27th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of Mckafka Development Group, LLC, Contract Purchaser and Biscayne Bay of Miami, LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. *See supporting documentation. PURPOSE: This will allow the construction of a new waterfront -residential building along Biscayne Bay for the Crimson Tower project. City ofMiami Page 7 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones Note for the Record: Item PZ.2 was deferred to the January 12, 2012, Miami City Commission Meeting. PZ.3 RESOLUTION 11-01050ww A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING WITH CONDITIONS A REDUCTION OF THE WATERFRONT SETBACK REQUIREMENTS PURSUANT TO SECTION A3(mm)(i) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ARTICLE 3.11 WATERFRONT STANDARDS OF THE MIAMI 21 ZONING ORDINANCE, ALLOWING A REDUCTION OF THE REQUIRED FIFTY FOOT (50') WATERFRONT SETBACK BY TWENTY-ONE FEET SEVEN INCHES, (21'7") RESULTING INATWENTY-EIGHT FOOT FIVE -INCH (28' 5") WATERFRONT SETBACK; FURTHER ALLOWING A REDUCTION OF THE REQUIRED SIDE -YARD SETBACK OF FIFTY-FOUR FEET, (54'), BY THIRTY-THREE FEET EIGHT INCHES, (33'8"), RESULTING IN A TWENTY -FOOT FOUR -INCH (20'4") SIDE -YARD SETBACK, FOR THE MIAMI RIVER APARTMENTS PROJECT, LOCATED AT APPROXIMATELY 2601/2621 NORTHWEST 16TH ROAD, MIAMI, FLORIDA. 11-01050ww CC 01-12-12 Fact Sheet.pdf 11-01050wwAnalysis, Maps & Sch. Concurrency.pdf 11-01050wwApplication & Supporting Documents - NEW pdf 11-01050ww Zoning Write Up & Plans.pdf 11-01050ww CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 2601/2621 NW 16th Street Road [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of 27 Riverfront LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. *See supporting documentation. PURPOSE: This will allow the construction of a new waterfront building along the Miami River for the Miami River Apartments project. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones City ofMiami Page 8 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Note for the Record: Item PZ.3 was deferred to the January 12, 2012, Miami City Commission Meeting. PZ.4 ORDINANCE Second Reading 08-00166zc1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN, "T4-R" GENERAL URBAN, "T5-0" URBAN CENTER, AND "CS" CIVIC SPACE TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIAL AND "0" OFFICE WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT, "SD-12" SPECIAL BUFFER OVERLAY DISTRICT, AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000), TO "T6-8-0" URBAN CORE TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("C-1" RESTRICTED COMMERCIAL WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3400, 3428, 3440, 3432, 3456, AND 3396 GRAND AVENUE; 3241, 3401, 3435, 3441 AND 3445 HIBISCUS STREET; 3441, 3439, 3407, AND 3454 THOMAS AVENUE; AND 3420 ELIZABETH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00166zc1 CC 12-15-11 SR Fact Sheet.pdf 08-00166zc1 Analysis.pdf 08-00166zc1 PZAB Reso.pdf 08-00166zc1 Application & Supporting Documents.pdf 08-00166zc1 CC Legislation (Version 5).pdf 08-00166zc1 Exhibits A-D (Legal & Graphics).pdf LOCATION: Approximately 3400, 3428, 3440, 3432, 3456, 3396 and Grand Avenue; 3241, 3401, 3435, 3441 and 3445 Hibiscus Street; 3441, 3439, 3407, and 3454 Thomas Avenue; and 3420 Elizabeth Street (Paradise Island Block - Front) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Paradise Island, LLC, Paradise Island Development Corp., City of Miami, George and Dazelle Simpson, Evelyn Roberts, Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions to City Commission on November 2, 2011 by a vote of 7-0. See companion File IDs 08-00166zc1a, 08-00166zc2, 08-00166zc3, 08-00166zc4 City ofMiami Page 9 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 and 08-00166zc5. *See supporting documentation. PURPOSE: This will change the above properties to "T6-8-O" Urban Core Transect Zone with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones 13297 Francisco Garcia (Director, Planning): The next items -- Chair Gort: PZ.5. Mr. Garcia: -- before you are items PZ.4 through PZ.10. We are suggesting that they all be heard concurrently as they are companion items. PZs.4, 5, 6, 7, 8 and 9 are before you as second reading for a proposal for zoning changes and PZ.10 is the Major Use Special Permit component to this application before you as a resolution on first reading and -- first and only reading, I should say. The -- I will make two brief comments as I know the presentation will be thorough and you've listened to this item before. The Major Use Special Permit component, which is actually the design project that is to sit on the land, if approved and as approved, will ensure that this is exactly how this land is developed, any other zoning considerations notwithstanding. And in addition to that, I want to bring to your attention once again that the end result of the rezoning will take this project from zoning ordinance 11000, under which it has been applied, and over to Miami 21, and it is the zoning designation under Miami 21 that will be the end result in terms of zoning for the project. The reason I mention that -- the reason I think that is relevant is the resulting zoning change will be to a situation of much less density and intensity of what the zoning presently would allow and so that gives the developer every incentive to actually build what the MUSP (Major Use Special Permit) shows because that is the highest and best value of the land. Having said that, I would like to add that we are recommending approval with conditions for all of the items. The conditions are on your record and if you want me to go over any of them, I'm happy to do so. And the Planning, Zoning and Appeals Board, as well as all the other boards that they've been through, and there have been a number, have all recommended approval with conditions in one form or another. I'll close by saying that all the conditions or all the comments received from all the lower boards have been subsumed and incorporated into our conditions, and if you were to approve with the conditions as proposed by staff all of those would be captioned. And that's what I have by way of presentation. I'll yield to the applicant and answer any questions you may have. Lucia Dougherty: Thank you. Mr. Chairman, members of the Commission, Lucia Dougherty and Iris Escarra, with offices at 333 Avenue of the Americas, here today on behalf of the Pointe Group Developers, and joining us this evening is Peter Gardner and Margaret Nee. At the last hearing you were very generous and very patient with your time. Today we're prepared again to make a full presentation, if that's something you'd like, or we can incorporate all of the testimony and the application, staff reports, and the unanimous recommendation of the Planning Advisory City ofMiami Page 10 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Board into this record and relieve you of having to listen to the entire application again, if that's what your desire is. You can ask us questions. And also, with regard to the community benefits that we proffered at the last time, which we would like to again tell you what we've done subsequent to the time you had your last hearing, but again, we have community benefits as -- including affordable housing projects, and we told you we were setting aside 52 units of affordable housing. If we cannot get subsidies for these affordable housing, we will put them in the Dade County voucher program, which is another affordable housing project -- another affordable housing program with Dade County. We also agreed to have construction and permanent job creation and training, minority business recruitment, and additional efforts we've made sense the last meeting that we'd like Patrick Range to just tell you about. These are things that are new that you hadn't heard before and I'd like Patrick to come up, and then we'd like to reserve some time for Tucker Gibbs to round up, if that's -- if you would like us to have that abbreviated -- yes? Okay. Commissioner Sarnoff.. I think everybody's -- Chair Gort: Yes. Commissioner Sarno:I -- in favor of that. Ms. Dougherty: Very good. Patrick Range: Good evening, Mr. Chair, members of the board, andl'll be very brief also. Chair Gort: Let me ask you a question. Mr. Range: Yes. Chair Gort: I think we all seen this. Why don't you put them over here and face it that way so the public can see it. And the IT (Information Technology), if you can focus on this and -- bring it closer to us here, over here. That's it. Thank you. Unidentified Speaker: Could you put it in a way where we could see y'all faces too? Chair Gort: I'm seeing you very well. Unidentified Speaker: Well, I can't see y'all very well. Chair Gort: Oh, okay. I'll tell you what, I'll stand up. Mr. Range: We can put them down. Unidentified Speaker: Much better. Thankyou. Ms. Dougherty: And just so the public understands, what you're looking at is Grand Avenue on the north side of the three blocks and on the south side of the three blocks. Chair Gort: Patrick. Mr. Range: Thankyou very much, Mr. Chairman. Again, for the record, Patrick Range, with offices at 5727 Northwest 17th Avenue, in Miami. Again, very happy to be here before you tonight and just want to very briefly talk about the couple of steps that we've taken, you know, since our last hearing. We have met with additional community folks -- I believe some of them are here -- in an attempt to reach persons who we understood may not have had an inkling as to what was going on with this project despite our efforts over the last four years. So we again City ofMiami Page 11 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 have reached out and hopefully have reached folks that perhaps we hadn't before in making sure that folks that were directly affected by this development, folks who live within the blocks that we would be redeveloping had an opportunity to come out and to share their concerns which were primarily regarding relocation. I don't really want to use that word, but in the case that they may have to move and find other residences, as we reported to you at the last hearing, we have taken every effort to reach out to those in the community who feel that they're either being forced out or would have to leave residences or where they would like to stay and try to provide opportunities for them to remain in the West Grove if they'd like or if they have other situations like jobs or other things that they might like to live elsewhere to provide those opportunities to them as well. And so with this last meeting that we've had, again, we had an opportunity to reach a segment that we may not have reached before and, again, extend these opportunities to them. We have the names of three persons in particular from the community, all of whom are actually are mothers with children, who have reached out to us for assistance. We'll be continuing to communicate with them and help them even before we get started in terms of understanding what the process is and helping them find a location that's suitable for them and their families; in some cases, even better than the accommodations that they actually have now. In addition to that, we've also been fortunate enough to come under management of four affordable housing units in the West Grove. This is in addition to the 19 that we spoke with you about at the last hearing. And so as Lucia alluded to in addition to these now 23 affordable housing units that we currently manage now, we will also be going forward with seeking subsidy for an additional 34 units within our project. If we're unable to obtain that subsidy, then we are going to put 34 units of ours into the Miami -Dade Section 8 Housing Voucher program so that there would -- you know, be sure that there would be opportunities for those residents who are here now to participate and live in this project as well. And that's actually just over 20 percent of the project that would be dedicated to affordable units, okay. In addition to that, all of other items that we mentioned to you, we still hold to. Our minority contractors, our retail vendors will be required to seek minority contractors who will also be required to utilize the youth coop in South Florida Workforce programs, job training programs that we have been in contact with. They will be required to register with those programs and to seek applicants for jobs from those programs first. So again, all of those things remain in place. We will continue to support the access center. Right in the West Grove at the Shady Grove Baptist Church, we will continue to support their efforts and including adding the resources of the youth co-op program, the closest offices of which is located now on 27th Avenue and 8th Street. We'll be bringing them hopefully into the Grove and have them there available at Shady Grove for direct access right in the West Grove where residents can come. They don't even need vehicle to get to, whereas they might have to, you know, going over to the office on 27th Avenue and 8th Street. I also -- since the time we've been here before you, we've also arranged for those same groups, the youth co-op and South Florida Workforce, to come out to the human resource center on January 23, andl want to make sure that the public is aware of this as well. On this coming January 23, at 6 o'clock, which I believe is the currently scheduled homeowner and tenants association meeting, we've been fortunate through the president to have the opportunity to have the youth co-op and South Florida Workforce make a presentation at that HOTA (Homeowners and Tenants Association) meeting, again January 23, at 6 o'clock. For those persons who may be interested in job training or in need ofjobs, they'll have the opportunity to come out and to hear directly from the directors of these center as to what the requirements are for enrollment in the training program and have the opportunity to go ahead and apply and again to pass that information along to their neighbors. So we want to make sure that the community's informed and aware of this meeting on January 23. We've also been working with business owners in the West Grove, also with Reverend Hodge, I believe who is present from, Saint Paul A.M.E. (African Methodist Episcopal) Church, and he's offered to assist in having -- including his membership in the efforts to get the word out as far as what's available right here in the West Grove at the Shady Grove Baptist Church and also promoting our efforts at the meeting on January 23 at 6 o'clock. Again, we're here to -- available to answer questions for you. But we are committed to hold to each of these items and have been happy to work with the Grove and the residents and constituents, you know, as we move through this process and we -- you know, we'll continue to do so. City ofMiami Page 12 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Thank you, sir. Mr. Range: Thank you. Chair Gort: We'll now open to the public. Anyone in the public would like to address this issue? Williams Armbrister: Good evening, gentlemen. Williams Armbrister, at 3260 Thomas Avenue is my residence. One of the main concerns with this development -- one of the major concerns is that we're losing 38 -- what's going to be used for this development on the adjacent properties are 38 homes, 5 apartment buildings, and 6 duplexes on -- that's on Florida and on Thomas. That's not even talking about what's going to be lost on Grand Avenue. Now the developer said that they would not -- in a previous meeting, that they would not cross over Thomas Avenue, but what they do have they have their development going down -- in the PZ.5, it's moving down Hibiscus Street from Grand Avenue, south on Hibiscus Street. On the east side, they have 3445, 3449 and 3475 which is part of their application to change the zoning for those properties which is adjacent to their Grand Avenue project. And then again on Thomas Avenue, the lots at Christ Church and then the lot adjacent to the Hibiscus lot, and they have two lots on Elizabeth, those are 3454 and 3456. If they are not going to use Christ Church parking lot or the adjacent properties, I would ask on behalf of maintaining as much of the residential character of the community as is possible by not allowing the zoning changes on those properties, 3445, 3449 and 3475 Hibiscus Street, and then on Thomas would be the church parking lot and one lot west of the church property, which is 3460 Thomas Avenue, and on Elizabeth Street, they have 3454 and 3464. I would ask that you not only consider but make it a condition that they do not change the zoning on those properties, and if anything, build a single-family home at whatever cost that would allow them to recapture their expenses. The only thing we can do now as it is apparent that you may be seriously considering approval of this is try and maintain as much of the residential character of the community that is left and allow it not to be touched. And these properties on Hibiscus Street, they -- from the plan view, they exceed the north side of Thomas, and they said that their development would not go to the south side of Thomas. So if you would at least consider that much, even though the trees and another part -- the trees that are on -- and the lot at Margaret and Grand Avenue, they're talking about the relocation of those trees. In order to relocate those trees -- that's where the Farmer's Market is on Saturday. In order to relocate those beautiful trees, they will have to cut at least 30 to 50 years of growth to have those trees moved and then -- and even then there is no guarantee that those trees will survive the transition. So what I'm asking for for this community sake is that you at least consider those things that would be appropriate in maintaining the residential community as much as possible, even though the -- the buildings on Grand Avenue exceeding three stories is awful, you know. Gentrification is a reality and it's happening all over the United States, but we should preserve our neighborhoods here in South Florida where most of the people that live here have relocated from up north because they like the environment, they like what they had to offer, and they were trying to escape the concrete jungle in their own neighborhoods where they have departed from. So if you would consider seriously on not including these zoning changes for this property and let -- if they want to build homes on their properties -- on these properties, that would be good as long as they're single -story -- Chair Gort: Okay. Mr. Armbrister: -- detached homes that would keep up the character of this community, we'd appreciate at least that much for consideration to follow through with. Chair Gort: Thank you, sir. Mr. Armbrister: Thank you. City ofMiami Page 13 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Next. Mr. Armbrister: And have a great evening. Chair Gort: Thank you. Next speak -- anyone else? Andy Parrish: Good evening, Commissioners. Andy Parrish. My offices are at 103 Grand Avenue. I'm also the manager of the properties at the southwest and northwest corners of Grand and Douglas, where the Grand Island building is and where we 're -- you've probably seen there's a renovated liquor store that we're changing to offices as well. That's going on as we speak. I am in favor of this project. I'm not going to go over the same reasons I gave you before, but I think it might be interesting because I know how hard this is, ifI was in your shoes, to decide exactly what to do 'cause this is an old historic neighborhood in Miami. I came in -- I'm a late -comer. I came to the West Grove in 1994. There are a lot of people in this audience who I have known very well who have been here a lot longer than that, but maybe a little bit of history that maybe you haven't heard in all these hearings, and then I just glean because I've been real estate business and talked to a lot of folks, a lot of houses, and I'm certainly people here -- Neil Shiver, Miles, others can correct me ifI get any of this wrong. But this is really the land that time forgot. For many, many years it -- everything you're talking about practically on Grand Avenue for sure and a lot of the properties on Thomas and Florida were owned by one family, the Blumenthal family, who were probably the most idealistic and caring landlords that Miami has ever seen and they owned it for 50 years. In fact, David Blumenthal told me that it was his grandfather or great uncle who actually paid to bring the sewer up Grand Avenue way back in the '20s. So they owned this property all the way until about the turn of the century, 2000. And then for their own reasons, family reasons, family trust reasons, they put it -- they first offered it to the community, and a lot of these properties were bought by Greater St. Paul Church. They were under community control at that time, the ones on Grand Avenue, andl don't know exactly how many, but I think the majority of them at one point were under the control of Greater St. Paul. And then Greater St. Paul was unable to -- they had a mortgage on them. They couldn't keep them. So then they sold them, and the Marrero Group bought most of them, and now it's -- fortunately the Marrero Group who came to you as plans for not buildings like this, but 14 stories -- 11- to 14-story buildings, some 7. So that was during that period of time that they changed ownership. And as we know -- and I'll try to wrap this up, Commissioner. I know you got other people who want to go. But in the meantime, the taxes and the carrying cost and the labor -- the -- everything associated with a development project got more and more expensive. So my little building -- I mean, if you asked me what I'd like to see, which I bought -- built ten years ago is the Grand Island building. It's a two-story building, Caribbean style. We thought we'd lead the way. But we already -- we bought the land -- we were grandfathered in for parking. The lots on Grand Avenue are only 90 feet deep so I didn't -- I dealt with that by just not supplying any parking for the Grand Island building and it looks beautiful, I think. But because of the increasing cost of development and the increasing cost of parking, you can't do that anymore. So I'm looking at now what Pointe Group has come to bring to it. Yes, it's a lot. It's a lot of massing, but the economics of the situation are you can't start peeling off the parcels that have already gone through all of your review procedures and then say, oh, we'll amputate this little part and this little part and this little part. As much as I agree with Mr. Armbrister, I wish they'd never gone on Thomas or Florida. But the fact is that right now today you're looking at a development that has to be considered as a whole, you can't amputate little parts of it, and we need to go ahead with this. The land that time forgot is going to be obliterated if we don't start something going in that neighborhood. So that's what I had to say. And thank you for giving me extra time. I appreciate it very much. Chair Gort: Thank you. Mr. Parrish: Good evening. City ofMiami Page 14 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: I want you all to know, I'm being very lenient. Okay, next. Anyone else? Bennie Chapman: Good evening, everybody. My name is Bennie Chapman. I live at 3360 Florida Avenue. I'm just confused, that's all, because I've retired. I'm old now. I have no place to go. Andl was looking at last time when she showed me this thing. I went home andl studied this darn thing and I've been looking at it. You know what it shows me? It shows me that they're going to squeeze me up and build around me, take away the value of my house. I don't have money to buy a house no place else. Where I'm going? What you going to do? What's going to happen to me? 'Cause on that map it shows where my house is sitting here, they bought all the land over here and over there, then they going to come in and build up around me -- I've seen this happen in other areas -- and now I'm going to be sitting in this little valley which is going to take away all the value of my home and all these different things going to be all up around me, and who can I sell it to? Nobody. Where I'm going to buy a home at? No place, 'cause I don't have the money to settle no place else. And we've been coming here for about four years now, and we've been going on and on and on about this place. And every time we leave and when they come back, everything goes on behalf of the developers. And everybody say they understand us -- when you all say, well, we see what you talking about; we understand you, but when you come back, you always side with the developers. Help us. We beg of you. Do something for me. Don't let me lose out. I have no place to go. I have no money to buy another house. And they're not giving us nothing for our house. So what I'm going to do? Not nothing. So please, don't build those tall, big buildings. IfI have to stay there, don't build those tall buildings and look down in my bedroom. I don't want them looking in my bedroom, in my house. Make the buildings shorter, no more than about three-story high. But if everybody side for you, what can one man do? And I thank each and every one of you for giving me time to express my thoughts. Thank you. Chair Gort: Thank you, ma'am. Next. Laurie Cook: Good evening. Laurie Cook, 3840 Charles Terrace, in Coconut Grove. I want to start by saying that we appreciate Pointe Group making the efforts to have many meetings with our community throughout this planning. We appreciate the job training that they are bringing in. We appreciate the assistance that's been -- that they have offered and that they have said that they will offer in the future. But while we appreciate these things, those things don't negate the obvious concerns of the residents in our community. I think you all know that this isn't just about this particular development project really. It's part of a much bigger plan that's going on for our community. This is one piece in the heart of development that's pressing in on our community on all sides. We've watched large townhomes replace our quaint village homes and even these are out of place, casting shadows over our homes. We've watched long-time residents sell their homes, not because they really want to but because their taxes have gone up, and they can't resist in that case when the hard financial times to sell and buy a bigger home in Georgia and so we've watched those residents leave. We also have heard -- we've heard talk with all of these things going on, even amongst us as residents, saying, you know, our community's going to be gone in five years. That's just what it looks like to us. I'm just sharing from our viewpoint what it looks like with all this development coming in. And so I just ask you to really listen as we raise our voices and as we speak tonight and other times that you've heard us because our voices are all that we have. We don't have the money power. We don't have the power of lawyers. We don't have the power of political position. All we have is our voices. And so I'm asking you, as our elected representatives, to really, really listen to our voices. Vice Chair Carollo: Thank you, ma'am. Ms. Cook: Are you saying I'm done? Vice Chair Carollo: Well, it's the two minutes. The Chairman has been lenient, so you know, 171 be lenient, but would like, you know -- City ofMiami Page 15 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Ms. Cook: I will wrap up right now. Vice Chair Carollo: Thank you. Ms. Cook: Thank you. And l just want to point particularly to what just took place with the PZ.3 situation. I was listening very closely to that. Those people's main concern was not the noise. You all did not listen to them, with all due respect. That was not their concern. They had concerns of prostitufion. They had concerns of drunken driving. I didn't hear their main concern being noise. And so that's why I'm really asking you to please really listen to us as residents with our concerns, knowing that you all have the power to change the whole future of a community with your yes or no, and you'll be held accountable for that yes or no, whether the outcome is good or bad. Thank you. Vice Chair Carollo: Thank you, ma'am. Anyone else? Thank you. Name and address for the record, ma'am. Hattie Armbrister: My name is Hattie Armbrister. I reside at 3350 Charles Avenue. I have one question for Pointe Group. Would you like to look out your door and see that in your community, Coconut Grove looking like Collins Avenue on Miami Beach? No. Would you ever live in a community like that? No. Vice Chair Carollo: Ma'am, speak into the mike. Ms. Armbrister: But what you're doing is destroying the community that I grew up in. I spent the majority -- I was born and raised in the Grove. This is not Coconut Grove. That's Collins Avenue on Miami Beach or some other community. That is not Coconut Grove. We need to preserve our community. That is not Bahamian. Bahamian is what was here when I grew up as a child, when they came over here and they built Coconut Grove. That is not what they intended for this neighborhood to have. We need to have -- Mr. Gibbs, would you want to wake up and see that in front of your house every day? Vice Chair Carollo: Ma'am, address the questions to this board, please. Address the questions to the board. Ms. Armbrister: I just want to know if you all would like to wake up -- and you say Miami is a family friendly city. That's not family -oriented or family friendly. We have enough problems in the Grove without that kind of stuff being built in our community. And as everyone else has said, I'd like you to take a look at this and tell them no for once. My mother's not down here, thank God, to tell you how she feels so I'm speaking in her behalf too. We don't need that in Coconut Grove. We need our community back to what it used to be, family -oriented, when the kids could play outside in the yards and they could go to the little corner stores. We don't need that. And I'm totally against it. Thank you. Chair Gort: Thank you. Next. Edythe Nessecroth: Can say something? Chair Gort: Just a minute. Unidentified Speaker: Go right ahead. Chair Gort: Go ahead. Ms. Nessecroth: This is very difficult for me. My name is Edythe Nessecroth. I know you very City ofMiami Page 16 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 well. I've been here 45 years. When I came here, it was a wonderful, small little town. I worked in a barber shop and then I got another little barber shop on Angle building. They threw me out because they built big buildings. I got thrown out of there. I went where CocoWalk is. They threw me out of there; they built big buildings. Please, give these people a chance to have their homes and build some of these buildings around it. Thank you for listening. Chair Gort: Thank you, ma'am. Next. Edwin Gaitor: Good evening, Commissioners. My name is Mr. Gaitor, and I'm here on behalf of Pointe Group and the developers. Chair Gort: Your address, please, sir. Mr. Gaitor: Can you hear me? Chair Gort: Your address. Address. Mr. Gaitor: Oh, mine? Chair Gort: Yes. Mr. Gaitor: Oh, it's 220 Northeast 123rd Street. I'm a business owner. I'm president of Fathers to the Rescue here in Coconut Grove as well. I was born here in Coconut Grove. I know as well what they speaking in terms of this community. I was -- I've lived here pretty much all of my life as well. Here's what I want we to understand. If we had a plan -- and when I say that if we had a plan, I probably wouldn't be standing here today in regarding to what see, but we don't have no plan. Andl say that because coming up in that community, raised up in that community, there wasn't no plans. We still ain't got no plans. We still don't have a plan. There is an opportunity in that community that's well under developed and as much as I love Coconut Grove y'all want to call it the West Grove -- there are some changes that need to be made in that community. Now I understand the haves and the have-nots. We all in the same situation. But there is something have to be done in that community and it need to be done right away. There's no need for us to hold progress in America today 'cause we got more issues beyond where we at and where we living and that goes for every household, and thank God that you still got a household. Andl just wanted to clam that there and say that for tonight. Chair Gort: Thank you, sir. Next. Anyone else? Pierre Sands: How y'all doing? Chair Gort: Pretty good. Mr. Sands: My name is Pierre Sands, president of the Homeowners and Tenants Association and life-long resident of Coconut Grove. And I'm here to really appeal to each and every one of y'all's sense of justice. This has been a five year -long process. Andl am happy to hear that Pointe Group is trying to do better in the project. I hear what you're saying. You're saying you're going to put 54 units in. Is that what you said? Chair Gort: Address the Commission. The questions will be answered. Mr. Sands: Well, I don't know if you can answer what -- Chair Gort: They'll answer -- Mr. Sands: -- they're going to do. City ofMiami Page 17 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Sir, you make your presentation. When they get through, they'll answer your question, please. Mr. Sands: Okay. Chair Gort: They'll be taking note of all the questions and I'll ask them to answer. Mr. Sands: Okay. Well, there again, okay. I just want that what they say they're going to do that they will do and pursue better benefit packages in that project, okay. Now I did go to a -- the crime watch committee last night andl heard a gentleman -- it was a judge who said that it takes all facets of the community to attain humane goals. Homeowners and Tenants Association has always and still want serious affordable housing. The word, the anathema that is not used in y'all's verbiage is not low-income housing. We want to be able to take care of everybody in Coconut Grove that is being pushed out. I want to remind you again that all those apartment buildings are gone -- will be gone. Pointe Group talked to some of those people Saturday. I want to remind you that we had an NCD (Neighborhood Conservation District) that protected the integrity of this community and for whatever reason, over this five-year period, it was eviscerated. It was supposed to keep us from having to deal with intrusive and inappropriate construction. Had height limits on it. Last time out, November 17, y'all approved a portion of Pointe Group's project to be eight stories. We have been steadfast against that because everywhere in the spirit of Coconut Grove, we have fought it. The other side of it is we definitely want to see jobs come, but jobs can't precede affordable housing. Now one of the things that I want to draw on tonight again is that the two young men that are on -- Commissioners. I'm -- draw to mind of a guy asking a question last night. He said didl vote, because I complained about our representation in Village West. And he said didl vote. Andl said to him Goodman, Chaney, and Schwerner. Now that may not mean anything to any of you young people, but I think that some of the folks that grew up in the '60s as I grew -- andl was ten years old when those three boys -- college boys were missing in Mississippi, andl set every night worrying and wondering did they find those boys. Twenty-one was the youngest and twenty-five was the oldest; one black from the South, two whites from the north. And they did find those boys in an earthen dam in Mississippi. Andl was ten years old. I'll never forget that as long as I live. And every time we have an election, I come to vote because I think of them. I'm 58 years old and those men -- boys might be grandfathers today. So the thing that they had the courage to die for -- and please don't ever forget that the Civil Rights Movement was youth generated, a young minister, a young president, young students giving it up on the line every day. So I'm looking to you young guys because I think that you're ambitious. I hope that you have the courage to stand up for the principles that are right and just. If housing wasn't just, it wouldn't be in our federal government's interest, okay. So I'm looking to you guys. Now the old guys, y'all -- anyone over 50, old guys. Y'all in my department. But you guys have the courage. Read. Tonight, Mr. Sarnoff -- Commissioner Sarnoff asked you to take the lead on an issue in his area. Now, for whatever reason, now I understand that Spence -Jones can't be here tonight, but I'm asking you, young Suarez, young Carollo -- I worked with your dad in your brother's yard so I know what work is about andl think you do too -- take the initiative. Hear this community because you have folks in your community, just like these folks here, facing some of the same issues and you need to have the courage. That's what I mentioned when I said profiles in courage. A young politician, John Kennedy, wrote that book to folks who had the courage to stand up for what was right and what was not expedient. Show the old guys that you have courage, and I'm hoping the old guys will have courage. I remember last meeting, Commissioner Gort, I overheard you singing Oye Como Va, andl don't know if that was the Tito Fuentes [sic] or the Santana version, but for this community thus far, the Santana song is 1'Ain't Got Nobody I Can Depend On, 'ho tengo a nadie, and we'd like to be able to depend on you to also help these young guys really pick up the mantle. Your brow is furrowed. Yours is furrowed. So is mine. They're babies right now. City ofMiami Page 18 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Okay. Mr. Sands: But show them the way, okay. And so -- Chair Gort: Yes, sir. Mr. Sands: -- with that Marc, I want to say, in your district -- you said to us last term that you were proud of the Village West; that you have walked in this community. Now, if you've walked in this community where you say you walked in this community, I would have seen you, okay. Chair Gort: In con -- Mr. Sand: But you also spoke -- and I'm going to finish. Chair Gort: Okay, please. Yes. Mr. Sands: I see you. Chair Gort: Yes. Mr. Sands: I hear you. Chair Gort: Thank you. Mr. Sands: But I am going to speak on one other matter that you mentioned, and you mentioned about spiritual matters and spiritual matters for those who -- of us who really study it -- and I'm not trying to lean on anyone, but it says that before God was able to heal anyone, he had compassion. Hitherto, I think you all are doing a good job now; you can do better. But your project lacks compassion. You're getting there. Stand up and be the good neighbor, the one you say do unto others -- I know you said it the other time, Lucia, andl know that's spiritual because I came in after you said it and God touched my heart to say the same thing. Do unto others as you would have them do unto you. And until you do that, there is the highest of all Commissioners, the highest, that whether you and any of you know it or not, you are here only because he has allowed you to be here, and you will be held responsible. You don't have to believe in it, but it is true. And so in closing, I encourage you to do everything you can to honor the memory of Chaney, Goodman, and Schwerner, who died for rights that so many of us take for granted to just to be able to go to a decent school, to have decent housing, to be able to work where you want to work, and you cannot turn your backs on that, you know, and that is spiritual. So I thank you andl hope that you will really work with us in earnest. And in closing, the final -- Chair Gort: Yes. Mr. Sands: -- thing, this is the objective of the City and it says -- and I'll complete it. It says housing. Based on the findings of the housing needs assessment and housing market analysis in the year 2009-2013 consolidated plan, a top priority for the City ofMiami will be to preserve affordable housing. The City will seek to accomplish this in its CDBG (Community Development Block Grant) funds by providing single-family rehab residential code compliance assistance, supporting fair housing activities, funding affordable housing developments. Below is a description of the strategies and the outcomes related to these activities as outlined. Andl thank you very much. Chair Gort: Thank you, sir. Mr. Sands: I'm done. City ofMiami Page 19 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Okay. Mr. Sands: God bless you. Chair Gort: Thank you. God bless you too. Next. Alan Lester: Mr. Chairman, Commissioners. My name is Alan Lester, with properties at 3660 and 3666 William Avenue. I will be building single-family, one-story homes on these properties and obtainable. I don't know ifI can reach the affordable, butt will try market. I don't know about this scale of this project. I've done many large projects, as you've known me from here. I'm used to being on the other side. I'm hearing -from the neighborhood -- I'm talking to some of the neighbors. Their priorities are simple: affordable housing, jobs and schools. I ask you -- that you direct your City Manager to use the impact fees in this neighborhood toward those uses. You have an opportunity with the Barnyard think it is. It sits on parkland so park impact fee money could be used. And I'm sure there's other things that working with the neighbors and I'm sure Pointe Group would be glad to do so to help CIP (Capital Improvements Program) use the funds appropriately throughout the community. Thank you. Chair Gort: Thank you, sir. Next. Yes, ma'am. Kate Callahan: Yes. Good evening. My name is Kate Callahan. I live at 2111 Tigertail, in the Grove. I think the question that needs to be asked today is do we as a city really care about the Bahamian community. If this project was going up in Little Havana, we would have scores and scores and scores of people coming down saying hey, what about our little community. This project is really out of scale. You know, in the Upper East Side, Mr. -- Commissioner Sarnoff, you know, we have people like Elvis Cruz saying hey, we want a 35-foot limit and you honored that. And so these folks are coming in asking for that and no one 's even listening. In other big cities, Philadelphia, Chicago, when big projects like this would come in to encroach a well -established, older community, the communities would come together and be creative. People like the Pointe Group would buy acres of land and, in fact, leased that land back to families at a lower rent, keeping the neighborhoods intact. I don't see anything like this going on. The Bahamian community here has been here a long time. I don't see anyone here trying to preserve that community. As this grows, that community will close, and that's not whatl want. I live in Coconut Grove. I've been here 20 years. West Grove Village, we're all one Grove, so we say, and yet -- I'm on the Cocoanut Grove Village Council for years. People have been coming to us as the Cocoanut Grove Village Council and been saying can you please help us. Well, I'm only speaking for myself tonight not a Village Council member because that would be out of place. But I live in the Grove. This is way out of scale for that wonderful, quaint community that needs a lot of work and a lot of help. So I think, yeah, we should definitely do something, but maybe a 35-foot limit, maybe more affordable housing. Take some of those houses, buy some of those acres, make those houses whole. We have a lot of older people who live in that area who will have nowhere to go, nowhere to go, except for out of the community and they were born and raised there. So, you know, I really hope you will listen to me and to this whole community. I've heard a couple of people speaking for it, but I've heard more people who live in this community against it. So please, you know, use your heart, your mind and your real intelligence to think of a more creative way to scale down this project and to help the small, quaint community that exists there now. Thank you very much. Chair Gort: Thank you. Next. Grace Solares: Good evening. Grace Solares, 60 Southwest 30th Road. I am here today not to speak on behalf of MNU (Miami Neighborhoods United) and I'll tell you why. Mr. Sands came to MNU about six or seven months ago and because of his not being able to come back to MNU, we did not hear from him again until about a week ago with respect to this second reading that was coming up. I arranged for an emergency meeting at my home, which took place the day City ofMiami Page 20 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 before yesterday. Unfortunately, we did not have quorum so we therefore could not get a vote and a position on the issue. However, all of those who were there were very sympathetic to the issues that Mr. Sands brought up, particularly the issue of affordable housing or low-income housing and also with respect to the T6-8 on, I believe, one block of the project. We believe -- I was encourage tonight when I heard Mr. Patrick Range say that he was going to be meeting with the Homeowners and Tenants Associations in January. That is a good sign because I believe what they've been asking for is to be able to be -- to get an answer, to be able to participate from the standpoint of the concern of the huge gentrification that this project is going to have. One of the first things that Mr. Sands said to us is we're not against the project, but we have certain things that concerns us about the project. I am here today to please ask you to listen to the people that are being impacted, impacted, not the ones that work or going to be benefited financially with respect to the project, but the ones that are going to be impacted negatively by gentrification or otherwise and see what you can do for them. I ask you, Commissioner Sarnoff specifically, who happens to be our, my Commissioner, to see whether you can influence on the developer and see that they hear these people and they're able to provide some affordable, some low-income housing in the project, Patrick. Thank you so much. Chair Gort: Thank you. Next. Franchel Gaitor: How you doing? I'm Franchel Gaitor. I reside at 3600, apartment number 102. I speak up for Pointe Group because I've been employed for Pointe Group for almost over three years now. Andl hear everyone speak about the older generation, butt haven't heard anyone speak about the younger generation. Why wouldn't this project be a better influence for the younger generation to do better than what's going on right now in the community. Why leave them with dry land when we can have beautiful buildings that this is, right, as we see in front of us. I speak for the younger generation because it's the older generation that's here today speaking on what they had before. What about the younger generation, about them coming up and what they have to do to have jobs and go about doing what they have to do in life. I speak up for the younger generation because it's only 10 percent that's here, andl seen through the community they was passing out notices on everybody door and it's only 10 percent that's here. That is almost 70 percent or 80 percent of Grand Avenue that got notices on their door and only show up 10 percent, people that's part homeowners and some just residents of Grand Avenue, and a couple of them really don't even live on Grand Avenue so it don't impact them, the project don't impact them, but I understand because I come from the community that is a close knit community and we do care about each other. I speak for this project because I want the younger generation to grow up to a better situation. And that's all have to say for tonight. Chair Gort: Thank you, sir. Yes. Twyman Bentley: Good evening. My name is Twyman Bentley, andl reside at 3340 Florida Avenue. My property abuts the planned project on the Grand Bahama block, andl have concerns about the vastness of this development. I do not oppose development on Grand Avenue, but it's just to the extent and the vastness of this. In the very early stages of this, I had private conversations with Peter in my house, along with my neighbors, andl said to him, the key to this project would be affordable housing and what opportunities that you can give for the residents of the Grove in terms of expanding their business opportunities along with this project. I feel this Commission needs to take into concern and also put certain conditions and caveats to allay the concerns that we have, particularly with the vastness of this project that will be abutting those residences that want to stay on Florida and Thomas Avenue. I mean, these are legitimate concerns to look out of your house or walk in your backyard and you see a structure there that is not there that you used to. When my parents built our house 48 years ago, we knew that there were apartments behind us. And when I asked Peter -- for a couple of years ago, he said what you would like? I said, I'd like to see a better quality of housing back there. I'd like to see small businesses that are black -owned on Grand Avenue that grew up with. I applaud the efforts that Pointe Group is taking to try to bring some of those assurances. But since this City ofMiami Page 21 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 project is going to affect all of the City ofMiami, I'm asking all of you Commissioners, not just you, Mr. Sarnoff, but all of you to make sure that the concerns that we have to preserve the African -American residences [sic] that have lived there, that we can continue to still live there and participate in this project and even do so at a bigger scale than what we've had in the past. So please take those concerns under your consideration. It goes hand in hand. The zoning change goes hand in hand with that. Thank you very much. Chair Gort: Thank you, sir. Next. Richard Hickox: Richard Hickox, 7750 Southwest 114th Street, Pinecrest. Although I live in Pinecrest, I do feel a kindred spirit with Coconut Grove andl have for many, many years. I was a firefighter at times stationed in Coconut Grove. Over the years, my kids have gone to school at Carver Middle; have many, many friends throughout the Grove, and ultimately I may reside in the Grove. We -- my wife andl own several investment properties in the Grove so we do have an economic interest. And like Andy Parrish mentioned earlier, I too feel that it'd be nice to have two-, three-story buildings, quaint, but you know, the cost of today's development and the feasibility of such is not there. And what you have before you and what's being proposed, I think is certainly a beautiful project and it'll do nothing but I think better the environment and the overall infrastructure of the Grove. You know, I can't tell you how many times we've lost prospective tenants due to safety issues and their negative feedback from driving down Grand Avenue or some of these streets that are close in proximity to Grand Avenue. We've lost tenants in the middle of contracts because of them being robbed at gunpoint and various other issues. But I'm totally in favor of it. I believe that they're honorable people. I believe what they're doing with affordable housing is tangible. Any time you do any project, even projects of much smaller magnitude, certainly a few people are going to be adversely affected. It's most unfortunate. I really regret -- I wish that no one could be adversely affected. But hopefully the overall outcome for the good of the people will prevail. Andl appreciate your time. Thank you very much. Chair Gort: Thank you, sir. Mr. Hickox: I would like to add one other thing. I do strongly urge you to use the impact fees, as Mr. Lester suggested, for the total benefit of the Grove -- West Grove community. It's direly needed. Thanks so very much. Chair Gort: Thank you. Yes, ma'am. Nina West: My name is Nina West. I live at 3690 Avocado Avenue, and I'm here to ask some questions. Andl also have -- I'm here to speak on behalf of the property owner of 3508 Hibiscus Street, with your permission. I have a power of attorney from that homeowner so -- Chair Gort: Ask any question and they'll be answered afterwards. Ms. West: Okay. The questions that have are from [sic] the Planning Department. I understand this is under the older Major Use Special Permit and -- under the Major Use Special Permit under the old zoning code. We also have an NCD and the NCD gave a height limit. So are we taking like one from column A and one from column B and how does that --? I mean, can we do that? You just pick and choose which zoning you would prefer to have? I see the Zoning manager [sic] says -- Chair Gort: Ma'am, please put all the questions on the record and they'll be answered by the individuals that can answer them. Ms. West: Okay. Chair Gort: Thank you. City ofMiami Page 22 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Ms. West: Now then on behalf of the property owner that's over there and myself as well, I live a couple of blocks behind this project. And certainly, the eight -story buildingl will be able to see from my front door. And this part of the Grove is all two- and three-story houses. And the property on Hibiscus Street is even closer. It's within the 500 feet. And these are single-family homes. And we would like very much to see a scaling down ofjust that one building. I think everybody supports this project. Everybody wants better things. And we certainly want to see the preservation of what you're calling West Grove here, but it is also on the east side of Grand Avenue. Andl think we're all one community here. And whether it's the NCD-3 or 11000 or whatever zoning code, all of our -- we are all in the master plan. We talked about affordable and low-income housing. And we talk about preservation of the neighborhoods, and we talk about community input. And it would be most helpful if we could see that here. It's a massive project. It's going to change West Coconut Grove and East Coconut Grove. And it will affect North Coconut Grove and Center Grove forever. And we would like the people who built this community to begin with, who planted all those trees that we so much love, who have kept a stake in this community, and sometimes hanging on by their fingernails, who have owned their own houses for two and three generations and sometimes four generations in the same home, who are and have been our most stable, untransient, unwavering taxpaying neighbors, that there be room for them in this community, that they not be gentrified out; that we are able to maintain what is left of this part of the community. That part of the community invited public housing in here, so we have plenty of low-income housing. But there should be some respect for the middle-class people who go to work every day, who pay their taxes just like we do, who pay their real estate taxes, and who support this community and volunteer in this community and do a lot for all of us. So I am hoping, even though you have not had a lot of time to hear this, maybe Commissioner Suarez, that you will support these people in their requests and put in writing covenants, restrictions and those kinds of things in writing that will help them. We can only ask the developer, but as our Commissioners, we can support our community. Thank you. Chair Gort: Thank you. Next. Miles Jennings: Good evening, Chair, fellow Commissioners. My name is Miles Jennings. I reside at 3471 Oak Avenue. Previously some of the speakers indicated so-called West Grove was occupied by that Bahamian guard. I'm here to tell you I'm part of that Bahamian guard. I'm not first or second generation. I'm sixth generation. A number of my relatives actually signed the Charter. Our family contributed a lot of firsts in Coconut Grove. I thank God that I've lived long enough to see a renaissance in West Grove. Not too long ago the problems that we face, East Grove faced. It was just a few years ago that across the street from City Hall you had shotgun shacks. You had more shotgun housing on Bird Road than what you had in West Grove . All of the commerce actually came to West Grove and not to East Grove. Many perhaps forgot, but I didn't forget. When IHOP (International House of Pancakes) came, they came to West Grove. When (UNINTELLIGIBLE) 9: 28: 00 came, it came to West Grove. When Ali won the championship, the restaurants -- not one, but two -- were built in West Grove. When the major shopping facility food store, Grand Union, when it came, it came to West Grove. All of Douglas Road was high-rises. How soon we forget. It's now our time. It's time for a resurgence. It's time for -- to rebuild. As I said, I'm part of the old guard. I just don't walk the walk, I talk the talk. Many years ago, I advocated to some of the youth in the community, let's buy and build. My family has major stakes in West Grove. I too, as a young person, invested my hard-earned dollars in the West Grove because I believed in West Grove. I'm part of the GUTS (Grovites United to Survive) group. We have tried, but we failed. Now we have someone, a proponent who comes in with the wherewithal and the ability to develop West Grove. If we don't do things presently, we're going to fail. We're going to fail. I can tell you, many folks say what they believe. Come out of your pocket and you step up to the forefront and then you'll see how difficult it is. It's very, very difficult. I've been fighting this battle not one year, almost 40 years. I ask you, can you withstand 40 years of deprivation. Many people can't. So I ask and plead with you to pass this resolution, pass the changes. Thank you. City ofMiami Page 23 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Thank you. Next. JB Diederich: Gentlemen, my name is JB Diederich. I have two properties, 3475 Hibiscus and 3758 Frow. And I've owned them for about a decade now. I bought them very excited. These are the frame houses, the duplexes. I bought them very excited from Blumenthal and inherited two old-time tenants. With a lot of excitement, I have renovated them as best I can. I have painted them. You've probably seen one. It will abut right next to the project on Hibiscus. It's the yellow and white one. Quite pretty actually. I have three units empty. You could consider these low-income housing because I'm not asking for a lot in rent, but I can't find a tenant for them, a proper tenant. This week called Margaret and offered them the units as low-income units because I cannot rent them. I cannot find a tenant. Every time I find a tenant that passes muster, I have the issue that I have to run them out because they're selling drugs or they get busted by the police or something happens that I have to deal with. One of my units, the one in Frow, is across the street from a couple of units that have been taken over because they haven't paid their taxes. The County owns them now. Well, they were squatted upon about two years ago. Well, guess what? My long-time tenant of 30 years has moved away. He's moved somewhere else on his own accord because he cannot live there. And who's living in my place? Who just took over it? Squatters. So I have to deal with it. I say that we have to do something. I think that this project is a good thing. I think that the place is falling apart. In ten years, my excitement has been dwindling. I welcome you guys to come over, have a cup of coffee. I can't even approach my own unit. The people that have squatted it have dogs in them and have big pit bulls or whatever outside their door. I can't get near it. So now I have to go and spend my hard-earned dollars after spending what I've spent in taxes over the last decade to try to run people out of my own property so that can maybe find a tenant who wants to live across the street from squatters. So I tell you guys, low-income housing, you guys have my three units, my four units. You're welcome to them. Anything thatl can do to help. Thankyou. Chair Gort: Thank you. Next. Stafford Cummings: Good evening, Commissioners. Good evening, everybody. My name is Stafford Cummings. I reside at 3337 Thomas Avenue. I work for Pointe Group. And everybody is talking about low-income housing. I'm a builder. And I'm telling you, I just renovated 14 apartment for Pointe Group. They're ready for rent. I have two tenants, two tenants, two. Who in the world can at this stage of the game of development wherever in the world spend $280, 000 to renovate a 14-apartment building and then rent it for less than $600 a unit? Work the math out and tell me how is that feasible. Even at 600, you'll break even in 40 years, so it's kind of ridiculous. I'm saying to people around here, please understand this. The project goes through, you'll get employment, you'll get money so you can afford to live in affordable housing. Without the project, the units are going to be staying there as they are empty, vacant for the next ten years and they will fall back right where we brought them from. Please understand this. Nobody's trying to (UNINTELLIGIBLE) 9: 33: 30 you and push you out. What we're saying is this is a time for a development to do something for the people in the Grove. Be quiet and let it go ahead, please. It will help you. You'll see in the end. You will all see. The young people in the Grove are suffering. They need work. We can provide a lot of work. I personally can train a lot of them. I have two I'm training right now and they're doing extremely well. I'm begging you please. I know you're discomforted and you're used to your old ways and your old system. I'm old. I'm 59 years of age. I'm used to my old ways too. But let me tell you something, it's not time for us. It's time for the young people. Please, give them a chance. This little project -- you say it's a big project. It's a small project. This is small. Honestly, it is because the income that it will generate in the Grove, it's not going to last for a long time. It isn't going to be (UNINTELLIGIBLE) 9: 34: 23, but it will help. Please, give them a chance. As I said again, I have 14 units right now vacant, $600 a month andl have no takers. Thankyou. Chair Gort: Thank you. Next. Anyone else? City ofMiami Page 24 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Kitty Harring: Good evening. My name's Kitty Harring, andl live at 3645 Loquat Avenue. I'm just a block offDouglas and a few blocks or one block from the cemetery. And the most interesting thing I've heard tonight is the young gentleman speak about what we need to do for the youth. All the talk about affordable housing and low-income housing, I really want mixed -income housing. We will teach the youth all kinds of things if we had mixed -income housing. So that we do have the jobs, people that are working don't have time to quite party quite as much or drug as much or if at all. And people that are living mixed income -wise can help change the area but yet still keep the old guard. It's the old guard that want to keep the stability and the values that their family taught them, but that's not what's happening the majority of Grand Avenue. And who knows what the majority is in the West Grove. But I'm not far from that area. I wouldn't mind having a business down below. I wouldn't mind working with another woman to have a woman's business down below. But I think we need to think more about the youth and mix it all up so that we can train and help, and that's what I'd like you to consider tonight. Chair Gort: Thank you, ma'am. Anyone else? George Simpson: My name is Dr. George Simpson, andl live at 3619 Percival Avenue, in Coconut Grove. I've lived there since 1953 when my wife andl built our house. We were both physicians and we could have lived probably anywhere that we wanted to in Dade County, on Miami Beach, which was beginning to be integrated at that time, Broward County, Point -- what is it, Counter Point down on Biscayne Boulevard. We decided to build our house in Coconut Grove because we said we're going to live here among the people whom her grandfather has been living with all these years. E. W.F. (Ebenezer Woodbury Franklin) Stirrup, Senior was her grandfather and he was the inventor of affordable housing in Coconut Grove, when he and his wife, holding a candle over his head, built low-income houses for the Bahamian immigrants who at that time were populating and building Dade County and Coconut Grove. When I first spoke with the Pointe Group, Peter Gardner, I think he'll remember, the first thingl said any development that goes on in Coconut Grove West is going to have to focus on affordable housing. But affordable housing is best served when it is interspersed, when it is a mixed income group and not -- One of the great things that I remember, I was in Chicago setting up a clinic there many years ago. The Mother Cabrini houses, a large apartment complex about 20, 25 stories high, low income and also many of the people who were low-income people were housed there. And shortly before I came to Chicago, they had to tear it down because concentration of low-income people seems not to work. But the interspersion of low income and other income levels does seem to work. I don't think that my family, which I have joined and taken part in their aspirations, can take second to anybody in concern for this community. We, my wife and myself, have also built low-income housing. We're still managing them. But I'm thinking of these people who want to preserve the tenor, the atmosphere, the history and the income level of housing. I think of what Longfellow said when he said art is long and time is fleeting, but their hearts though stout and brave still like muffled drums are beating funeral marches to the grave. And if we hang on to those old sentiments without the realities of the present, that's what we're doing. We're muffling drums to the grave and this corridor of Grand Avenue will die and we'll just have to stand at their funeral and cry. We need to take the time now. So like they say time is fleeting and time is our enemy. We've been doing this for what, four or five years. I think the time is to let us get on with it. Let us stop this. Everybody wants to -- like I said once before, everybody wants to go to heaven, but nobody wants to die. A few people have to take some changes in their attitudes in order to progress -- in order for progress to take place. So the time has come now to let us go on. Let us not waste any more time. Let us not lose the opportunity in these economic times to do this project which no doubt is going to benefit the Grove and all of the people who live here. Thank you. Chair Gort: Thank you. Anyone else? Okay. You got a few minutes to answer a lot of the questions that were asked. And Francisco, you had that other question was asked of you. Okay, City ofMiami Page 25 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 thank you. Go ahead. W. Tucker Gibbs: Mr. Chair, after Dr. Simpson's presentation, I really don't have anything to say. I think he said it all and he said it eloquently. If you all have any questions, we're happy to answer them. Chair Gort: I think there was some questions that were asked during the presentation. Mr. Gibbs: I can respond to them very quickly. Chair Gort: Yes. Mr. Gibbs: Dealing with affordable housing, we have 57 affordable housing units, 23 off -site, 34 on -site. One of the people talked about a mix of income. I want you all to think about this. I don't know of any other project in the City ofMiami of this magnitude that includes within its project affordable housing and market rate housing, and that's what we're doing. That is something I've never seen in the City ofMiami. I know it's been aspirational, but we're doing it. In addition, Ms. Chapman talked about her property again, and we'll say again the property is zoned behind her for five stories. That's all we're going to be building is five stories. Somebody -- Ms. Callahan spoke about the size of the buildings, the tall building. Under Miami 21, Miami 21 allows 81 feet on Grand Avenue. We're only doing that in one place. We're not going above what Miami 21 allows. So on that one portion, we are going to be 81 feet, and that is within Miami 21, which is approved, even though we're coming in under 11000. Mr. Bentley talked about the Florida Avenue buffer. This shows -- Mr. Range is going to show you. This shows you that over here you have a buffer all along Florida Avenue. Your Planning Department -- and we worked together on this. You either have 45 feet with single-family homes or you have a full 25-foot buffer going all of the way across. In addition to those green areas which are a lot deeper than 25 feet, we have provided that buffer and we provided it working with your Planning Department. In addition, I'd like to reiterate we have 400 letters of support that are in your files that we presented at the last meeting. Andl think those were the main questions that came up, at least that remember. Chair Gort: Thank you, sir. Francisco. Mr. Garcia: I will take a moment to answer briefly the question posed by Ms. Nina West. IfI understood the question correctly, it dealt with two items, the fact that this application is coming in as a Major Use Special Permit -- or part of the application is under the old code, zoning ordinance 11000, which had an NCD, a neighborhood conservation district in place. And the end result of the rezoning as requested ends with Miami 21. I believe the way she posed it was are they sort of picking the best of both codes to benefit the project. So I will answer this way. This project, until fairly late in the process, roughly five months ago, was designed such that under 11000 and under the neighborhood conservation district, it would have obtained basically the sort of density and intensity that you see today. However, part of the project, part of the proposal was actually crossing to the south Thomas Avenue to obtain a change to commercial zoning for an area that was previously residential. That was, at that point in time, thought to be a fairly controversial component to the project and it met with a significant amount of community resistance. In reaction to that resistance and infrequent conversations with the neighbors, it was agreed in an attempt to achieve consensus behind the project, that it would be better to respect the zoning boundary that existed previously and continues to exist today, the zoning boundary of Thomas Avenue to differentiate the higher density mixed -use area from the residential area. As a result, Thomas Avenue continues to be the zoning boundary between mixed use to the north and residential to the south. And as I have explained to some of you individually, after the approval of this project, should it be approved, all property south of Thomas Avenue will remain single-family residential. However, in order to offset that loss of square footage for mixed use, what they did in one particular block is they moved that program north to front Grand Avenue. City ofMiami Page 26 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 And as a result of that, they have asked that instead of the five stories that would be customary, that they are able to build eight stories fronting Grand on one block, on one side. However, those eight stories are being compressed to the 81 foot height limit that is proposed by Miami 21. We reviewed this proposal. We are recommending approval of this proposal because we think that it obtains the best of both worlds. It actually accomplishes a program that is sustainable long-term and viable for the developer and it also respects the single-family residential nature of the properties south of Thomas Avenue. And I'll close by saying that in the end, should the project not be built as is, the ultimate zoning designation for the properties all along Grand will continue to be T5 O. And any new proposal that is different than this would have to respect the five -story, 81 foot height limit that comes with Miami 21. So in this particular case, yes, both 11000 and Miami 21 have been used, but it is our feeling and our recommendation to you that it has been used to both the final intent of the neighborhood conservation district, which is the preservation of the residential area and also a viable project to the benefit of a developer. Chair Gort: Thank you, sir. Now close the public hearing. Comments of board members. Commissioner Sarnoff. Mr. Chair, I gave every Commissioner a book today for Christmas. It's called -- it's written by Thomas Friedman and Michael Mandelbaum. It says, That Used to Be Us. It is a book on how America has lost its way. It's a book I'd advise every elected official and anybody that cares about government or anybody that cares about this country to consider reading this Christmas season and demonstrate just how America has lost its way. We could simply brush this aside and do nothing and allow Grand Avenue to continue to do what? Exactly what it's been doing, decaying just like America has been decaying because people don't have the courage, the fortitude, or the insight to effectuate change. Now, it used to be really dangerous for an elected official to use the word change until Barack Obama made it okay. As a matter of fact, Teddy Kennedy once said in 1974, people hate change. They like progress. And progress was the word they used to use. But I guess change is a word that's pretty good to use. You know, I became convinced of this project, the efficacy of it, probably through this election cycle. Very surprised to see one of my opponents come up here when she favored this during the election cycle and now she's changed it in one of the debates, but that's politics for you. The thing that really convinced me was a meeting had with Pierre Sands, Miles Jennings, Dr. Holton, when they were kind of debating and fighting amongst each other in a very good spirited way. Apparently, they all went to grammar school together. And Dr. Holton and Miles said, you know, Pierre, we're about the only three left. We're about the only three left. And Miles said, I thought about leaving many, many times. And Holton said, I'm leaving if this project doesn't happen. Now, the Village West is an interesting place. Probably spent more time there than anywhere else because it's a place I feel like I can help. It's a place I feel like I can lead and demonstrate a good path. But in doing that path, I have to go with one premise. It's a premise I was brought up with since I was a little boy in Brooklyn, grew up on Long Island and had a chance to work in Manhattan for a period of time. And that is that you get a job before you get a house. Andl heard somebody say jobs can't precede affordable housing. Yes, they do. You get a job before you do anything so that job helps to pay for that house. That job helps to pay for that car. That job helps to pay for that significant other that hopefully you form a family with, however you choose to do so. So all my life has been about creating fishing hooks and not handing out fish. And America, in about the past 30 years, has become an entitlement society, a society that simply wants fish, doesn't care who gives it to them or how it gets it, and it lost its way. And this is a little bit of a microcosm of its lost way. If we can't create an environment in the Village West that is job centric, then turn the page, as I have said before. Who's the next developer to come in here and do what? What's the next page? Is it another ten years? Is it another 15 years? Do we allow it just to further decay? Or do we stabilize the neighborhood, this great pioneer neighborhood? And yes, Miles, I did learn the word pioneer. I know what it means now. This community is not ultimately concerned with simply putting African Americans in affordable housing. This community is concerned about Bahamian Americans stabilizing their neighborhood so their neighborhood becomes a stable place for people to raise their children. You have one entire lost generation in the Village West. That generation was lost to Atlanta, that City ofMiami Page 27 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 generation was equally lost to drugs. That generation was lost to a great deal of crime, a lot of felony convictions there. I'm not even going to get into whose fault it is or is not. It is where we find ourselves today. You can't put rose-colored glasses on and not see the decay of that neighborhood. However, it is a great neighborhood. You go down parts of Florida, you see Ms. McCray (phonetic), you see Ms. Smith. These are -- these were educators of our youth many, many years ago that have retired to beautiful streets. But then you walk another block and you will see abject decay. As a matter of fact, Vernon Clark took me to a place where they call it the tree people, and there is a place in Village West called the tree people. There you will see 30 or 40 people hanging out and those 30 or 40 people are more or less doing whatever it is you do during the day, which is probably and most likely drinking and whatnot. I'll tell you something very, very interesting. Right after the election, it was Thanksgiving and a lot of people were very good to me with turkeys. We gave out 375 turkeys. But you've got to admit, for a district Commissioner, that's a lot of turkeys to give out. We gave out 250 turkeys in the Village West. And one day we gave out a little over 150 and we had a huge line of people all around me and we were waiting for the turkeys to be delivered. Andl looked around and there were about 50 people around me and I just asked everybody who here is working. Of the 50 people, 2 people raised their hands. Two people raised their hands. Now, everybody had a reason why they weren't working but -- I know Vernon was with me -- two people raised their hands. You can't have that kind of tipping point in that village. So when I sat down with Miles andl sat down with Dr. Holton, and to some degree with Pierre, you know, I asked Peter Gardner what can we do to get jobs here. And Peter said this is what I'm prepared to do. You know, I gave numbers, hard numbers of 50 jobs. I could ask him to do a hundred jobs. He's not going to be able to do 100 jobs. I said 50 opportunities. You give 50 opportunities to people to learn how to build something and create a life for themselves. Well, he did more than that and he did better than that. Andl think when you hear what the community benefits agreement is, you'll see that there's real opportunity. But America is not the land of the guarantee. It's the land of opportunity. So I suggest to anybody who's going to go over there -- and hopefully the Commissioners will follow me -- and they go to work two or three days, show up on time, but the fifth, sixth and seventh day they don't show up because they had something else to do, that's not going to be a job you're going to keep. So it is about opportunity. It's not about guarantee. A word about affordable housing because very few people know this. I don't even know if Commissioner Suarez knows this. I've been meeting with the older, more esteemed Commissioner Suarez -- Commissioner Suarez: I do know this. Commissioner Sarnoff. -- and we've been talking about the Frank Rolle Center. Commissioner Suarez: You're stealing my thunder, but that's okay. Commissioner Sarnoff. Am I stealing your thunder? I apologize. Commissioner Suarez: No, it's all right. Go ahead. Go for it. Commissioner Sarnoff. And that has always been a place that is uniquely situated for -- I don't believe -- look, I'm not your affordable housing guy, but I do believe in mixed housing. I believe you should have an affordable component, a workforce component and a market rate component. I could tell you why, but only in Miami does anybody still build an all -affordable -housing project. It's been stopped in Chicago, it's been stopped in Atlanta, it's been stopped in Maryland, it's been stopped every far -thinking city in America, with the exception ofMiami. So ifI have the opportunity, and think may, to get the affordable housing trust dollars -- which District 2 and, candidly, District 4 has never had in the history of this Commission -- I will put that towards a mixed -use facility on the FrankB. Rolle Center, which again, is uniquely situated. Why? Because there's the bridgeway over to US 1 that puts you right over to the downtown by use of the Metrorail and, equally, we're talking about bringing the Helen Bentley -- City ofMiami Page 28 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: Transit -oriented development. Commissioner Sarnoff. There you go, TOD (Transit -Oriented Development), exactly. -- over from the west side to the east side and creating -- You know what you really need in the Village West? You need some senior housing because that's the community you're trying to preserve, and that's the community we should be trying to preserve. But I will tell you right now, I will not put my dollars towards that if it doesn't have mixed opportunities. It's got to have an affordable component, a workforce component and a market rate component because, folks, only in Miami do you warehouse the poor. And that is not good stewardship. That is not far thinking. Used to be -- andl have an aunt that lived in an affordable housing project in Brooklyn, New York. And for the next eight blocks, all it was was straight up tenement housing and that does not work. And you know what they've been doing in New York? Tearing down that housing and dispersing people throughout communities. That is how you do it. You don't create a community solely dedicated to one type of housing. So with that said, I became absolutely convinced -- andl think I made my Jennings disclosure -- when I met with Miles Jennings, when I met with Dr. Holton, andl met with Pierre Sands. I hope this Commission will follow my lead in my district and give this great community an opportunity to heal a very sad wound that has been inflicted for many, many years through neglect, through no thought, through no future planning. You could put whatever kind of tree you want on Grand Avenue; it doesn't change the composure, the complexity or the dire need for jobs in that community. And any Commissioner that did that in the past was simply putting -- or putting a salve on a wound that I think, as the doctor would say, was never going to heal that wound but was just good politics at the moment. So I'm going to move to approve PZ.4, as modified, with the recommendations on behalf of District 2. Commissioner Suarez: Second for discussion. Chair Gort: It's motion and second. Discussion. Commissioner Suarez: Thank you, Mr. Chairman. You know, up here, I mean, obviously I was struck by a lot of the different people that came up and spoke and the testimony that was given. We do listen to what you say. We listen probably a lot more than what -- and we speak far less than what, you know, other people have an opportunity to speak. But we also apply our knowledge and our experience, you know. We've been here sitting here -- this is not the first application that comes before us. We've seen many, many different applications of this kind. And so I thought to myself -- one of the things I thought to myself -- and I wrote down a lot of notes so I'll try to be as concise as possible. One of the things I thought to myself and it was one of the things that was elicited by the people who testified is wouldl want this in my backyard. That was the question. And the answer is very simple and there's a reason why. The answer is resoundingly yes, and I'll explain to you why. My backyard is Coral Way. Coral Way had, during the building boom, got into the habit at sporadic places of building 16-story, 15-story developments abutting single-family residences. That was extremely, extremely hurtful and destructive to those single-family residents that abutted those buildings. And we're still dealing with the repercussions of that. I would have loved back then for Coral Way to have been developed in this fashion, in a multi -block, you know, comprehensive low fashion. When Miami 21 was implemented, MNU requested -- one of their recommendations was that we down zone Coral Way. Coral Way, like I said, had 16-story buildings, you know, and it was zoned T6-8, which means that you could build a building up to eight stories. So we had already cut the height in half from 16 stories, which is what we had seen there, to 8 stories. They asked that it be reduced even further to five stories, which is precisely what we have here today in terms of height. Andl listened to them. I thought their arguments had merit and proposed it and the Commission supported my reduction of Coral Way to five stories. So I wish Coral Way would have been able to be developed in this fashion. It would have been, I think, much more beautiful, much more functional, much better product for our neighborhoods had it been developed in this manner. I drive through Grand Avenue every single day when I come here, every single morning. I drive through 37th Avenue andl take Grand all the way in. Andl have to tell you City ofMiami Page 29 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 that it is anything but grand. I mean, it's -- the name of the avenue is Grand Avenue. You know, it's not grand. And it's very easy -- andl want to talk to the members of the community specifically because it's very easy to oppose things. It is very easy to oppose something. You're uncertain, how's it going to impact us? I'm not sure. But you know, one of the things that struck me is what someone else said, which was I don't hear any alternative plan. There's no alternative, you know, development idea. There's no one else that's coming here with some other kind of a plan that may be more compatible with the neighborhoods. What I'm afraid of is if we were to do nothing or if we were to deny this application, Grand Avenue would be in its current state in the next 10 years, in the next 15 years, and the next 20 years, and that to me is unacceptable. It's unacceptable for the Grove, to be completely honest with you. You know, Commissioner Sarnoff was talking about my father who also happens to represent that area and I'm glad he mentioned it andl wanted to kind of give some -- shed some more light. And this goes to what Pierre's concern was about affordable housing, which I think -- I personally think is a very valid concern and it's one that I've stressed every single reading of this and beforehand when there were some other changes that were being requested. Andl can tell you that not only is this project delivering the 57 units, but there are a couple of other projects that are contemplated in the very, very close vicinity, I'm talking about within a few blocks radius, that should deliver to the community another 200 percent of affordable units, so we're talking potentially another hundred units. And you know, I don't want to get into a whole huge discussion about affordable housing. I'm obviously very passionate about it and it's something thatl spent a lot of time legislating. I think transit -oriented developments are essential to the key of our transit system and to affordable housing. You know, I agree with Commissioner Sarnoff's point, andl remember when I advocated for the affordable housing legislation. I told him that I would continue to seek ways to have mixed use, which was his concern at the time. I kind of der with him a little bit on, you know, the kind of affordable housing that we're building today. It's not like tenement housing in New York. It's not even like the affordable housing -- HUD (Department of Housing and Urban Development) housing, housing that's owned and operated by the government. It's the kind of housing that, you know, basically you could live in Brickell for the kind of rent that you pay if you were a college student in Gainesville. So it's a high -end, high-class affordable housing andl think it gives low-income people a tremendous sense of pride and a tremendous desire to better themselves and be able to move beyond that and hopefully to purchase a home in the future. I do believe another thing that Pierre said, which is that this is a very -- that we're here because the Lord wants us to be here. I believe that, Pierre. I do believe that. Andl do believe he'll hold us responsible for -- and we will be accountable for the decisions that we make, and I'm comfortable with that, you know, andl understand that. In terms of CDBG (Community Development Block Grant), which is another issue that you brought up in your presentation, my understanding is that there is a lot of homes in the Grove, in the West Grove in particular, that cannot be fixed through the CDBG program -- andl don't know if we have our CDBG director here -- partially because a lot of them, the construction of those homes is wood frame. So you cannot rehab a wood frame house. It doesn't conform with the code. You would have to tear it down and rebuild it. I could be wrong. You're shaking your head, but I'm pretty certain. I've looked into it because one of our CDBG programs that I have -- that I've allocated already a $100, 000 to andl think Commissioner Sarnoff has also allocated some money to is a rehab program, and it's very, very difficult. And I've even told them, listen, if you want to do it in District 2 and there's more need in District 2 or District 5 or any other district, I'm willing to share the funds with those districts, which leads me to my point on the HOME (Home Investment Partnership Program) funds, which is what Commissioner Sarnoff was saying. You know, District 4 and District 2 are the last two districts that are eligible for a program that Commissioner Teele many years ago instituted, where each district would have a dedicated fund of one and a half million dollars a year for five years to promote affordable housing in their district. Andl -- and let me tell you, you know, as an affordable housing advocate, you would think that I'd be the one fighting for that next allocation, but I feel so passionate about the projects that are being contemplated in District 2 and in the Grove that am more than willing to share and to subordinate, you know, the interest. 'Cause at the end of the day, it's not about whether it gets built in District 4 or District 2. It's about the need that's out there and the need City ofMiami Page 30 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 that's out there is awesome. It's beyond anyone's comprehension. And when I did the affordable housing legislation, I talked a lot about it. I gave statistics. I had the director of what they call Little HUD, County HUD, give facts and figures about the real need for affordable housing in this community. So, you know, those were the thoughts that came to mind as I listened to the testimony of all the different parties. I just feel at the end of the day that Grand Avenue should be grand. It should be grand not only for people who don't live in the Grove, but mostly for people who do live in the Grove. I know, for example, people that live in my neighborhood walk from my neighborhood to the different commercial centers and frequent those commercial centers, andl don't see why that model shouldn't be used in the Grove. Chair Gort: Thank you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Thank you. I keep hearing that if we don't approve this, there's no other option. And actually when Commissioner Sarnoff was mentioning that you met with Pierre Sands -- andl don't remember all the names, but there was three of them. Commissioner Sarnoff. Miles Jennings and Dr. Holton, Rick Holton. Vice Chair Carollo: Miles Jennings and Dr. Rick Holtz [sic]. And these were the last three. Well, I went to school at Carver junior high, before it was a magnet school. I grew up with a lot of -- at that time it was the kids, the children that lived in the West Grove. And I can tell you that I don't know of one that still lives there. A lot moved. Some, unfortunately, were killed in the streets, but I could tell you that right now I don't know of one that still lives there, so it makes me think of yeah, progress. How can we make that area better? As Commissioner Suarez knows, my mom also lives by Coral Way. And those 16- and 18-story buildings actually -- that abut single-family residence, she sees them to the left of her. She sees them to the right of her, and she was a victim of that. This project by no mean does that. However, at the same time, you know, I did listen to some concerns that, I have to admit, I shut a kind ear to. And at the same time, I heard Mr. Range was saying as far as you will be meeting with a lot of these residents in January. So I wanted to see if there was something that could be done for the lady thatl see there that mentioned that she will be looking at, you know, high stories all around her. I don't know what can be done. I don't know if it's even feasible but, you know, I would like to see if there could be some type of compromise or there could be some type of help, you know, and that's what I would like to see. At the same time, I am backing this project. I think it's, you know, a good project to move forward with, but I would like to see if there could be some compassion -- which is a word that was used -- towards some of the residents. Thank you. Chair Gort: Let me tell you. I disagree with all of you. I was a member of the Gibson Foundation back in the '80s. We did have plans. We did came out with ways of how we can improve Coconut Grove. There was a plan at one time that we going to create some kind of a shopping center on 37th Avenue and Grand Avenue. There was a park that the City bought the property in order to expand there and create some facility in there. But what happened? We plan it, we worked, we worked with the community, no one will buy it. And what happens is we have some beautiful homes and some beautiful residence east and west, north and south of Grand Avenue. What happens is the deterioration of Grand Avenue is being taking place. We don't take place on Grand Avenue, you know what's going to happen? The deterioration is going to continue, and that's what going to really kill them. So that's the reason why I'm for this project. 'Cause I've been in the Grove for many, many years. We came up with a lot of plans with the Gibson Foundation. We worked with the neighborhood and we worked with the people, and we had plans, but unfortunately, there was not there anyone willing to develop there. And that's why we didn't have any growth there. So I'm all in favor of it. There's a motion. It's a City ofMiami Page 31 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 ordinance. Read it. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Roll call. This is a roll call on your second reading modified ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. PZ.5 ORDINANCE 08-00166zc1a Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN AND "T4-R" GENERAL URBAN TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIAL WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT, "SD-12" SPECIAL BUFFER OVERLAY DISTRICT, AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS AMENDED) TO "T5-O" URBAN CENTER TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS AMENDED, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3449 HIBISCUS STREET; 3460, 3452, 3440, AND 3430 THOMAS AVENUE; AND 3454 AND 3456 ELIZABETH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00166zc1a CC 12-15-11 SR Fact Sheet.pdf 08-00166zc1 a Analysis. pdf 08-00166zc1 a PZAB Reso.pdf 08-00166zclaApplication & Supporting Documents.pdf 08-00166zc1a CC Legislation (Version 5).pdf 08-00166zc1a Exhibits A-D (Legal & Graphics). pdf LOCATION: Approximately 3449 Hibiscus Street; 3460, 3452, 3440 and 3430 Thomas Avenue; and 3454 and 3456 Elizabeth Street (Paradise Island Block - Rear) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Paradise Island, LLC, Christ Episcopal Church, Inc., and Christ Protestant Episcopal Church, Inc., Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with City ofMiami Page 32 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions to City Commission on November 2, 2011 by a vote of 7-0. See companion File Ds 08-00166zc1, 08-00166zc2, 08-00166zc3, 08-00166zc4 and 08-00166zc5. *See supporting documentation. PURPOSE: This will change the above properties to "T5-O" Urban Center Transect Zone with a "Village West Island and Charles Avenue NCD2" (Neighborhood Conservation District) Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones 13298 Commissioner Sarnoff. Move PZ.5, as modified Commissioner Suarez: Second. Chair Gort: PZ.5 has been moved by Commissioner Sarnoff, second by Commissioner Suarez. Read it. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Your roll call on your modified second reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. PZ.6 ORDINANCE 08-00166zc2 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN AND "T5-0" URBAN CENTER TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIALAND "0" OFFICE WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000) TO "T5-O" URBAN CENTER TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", City ofMiami Page 33 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 ("SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3380, 3370 AND 3340 FLORIDAAVENUE; AND 3301, 3355, 3375 AND 3395 GRAND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00166zc2 CC 12-15-11 SR Fact Sheet.pdf 08-00166zc2 Analysis.pdf 08-00166zc2 PZAB Reso.pdf 08-00166zc2 Application & Supporting Documents.pdf 08-00166zc2 CC Legislation (Version 5).pdf 08-00166zc2 Exhibits A-D (Legal & Graphics). pdf LOCATION: Approximately 3380, 3370 and 3340 Florida Avenue; and 3301, 3355, 3375 and 3395 Grand Avenue (Grand Bahama Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Grand Bahama, LLC, Twyman E. Bentley, Jr., Jarrette Bay Investments Corp., Grand Bahamas Dev of Village West Corp., Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions to City Commission on November 2, 2011 by a vote of 7-0. See companion File IDs 08-00166zc1, 08-00166zc1 a, 08-00166zc3, 08-00166zc4 and 08-00166zc5. *See supporting documentation. PURPOSE: This will change the above properties to "T5-O" Urban Center with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones 13299 Commissioner Sarnoff. Move PZ.6, as modified Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Suarez. Read City ofMiami Page 34 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 it. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Roll call, second reading modified ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. PZ.7 ORDINANCE 08-00166zc3 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN AND "T5-0" URBAN CENTER TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIAL AND "0" OFFICE WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000) TO "T5-0" URBAN CENTER TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3361 HIBISCUS STREET; 3440, 3422, 3400, 3412 AND 3472 FLORIDAAVENUE; 3415, 3441, 3461, 3485, 3495, 3475, 3401 AND 3471 GRAND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00166zc3 CC 12-15-11 SR Fact Sheet.pdf 08-00166zc3 Analysis.pdf 08-00166zc3 PZAB Reso.pdf 08-00166zc3 Application & Supporting Documents.pdf 08-00166zc3 CC Legislation (Version 5).pdf 08-00166zc3 Exhibits A-D (Legal & Graphics). pdf LOCATION: Approximately 3361 Hibiscus Street; 3440, 3422, 3400, 3412 and 3472 Florida Avenue; 3415, 3441, 3461, 3485, 3495, 3475, 3401 and 3471 Grand Avenue (Nassau Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GC Nassau, LLC, Stirrup Properties, Inc., George A. & Dazelle Simpson, Paradise Island Dev. Corp., Nassau Development of Village West Corp. and Andros Development Corp., Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with City ofMiami Page 35 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions to City Commission on November 2, 2011 by a vote of 7-0. See companion File IDs 08-00166zc1, 08-00166zc1 a, 08-00166zc2, 08-00166zc4 and 08-00166zc5. *See supporting documentation. PURPOSE: This will change the above properties to "T5-O" Urban Center Transect Zone with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones 13300 Commissioner Sarnoff. PZ.7, as amended. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Suarez. Read it. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Roll call on your second reading modified ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. PZ.8 ORDINANCE 08-00166zc4 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN AND "T5-0" URBAN CENTER TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIALAND "0" OFFICE WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000) TO "T6-8-O" URBAN CORE TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", City ofMiami Page 36 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 ("C-1" RESTRICTED COMMERCIAL WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3363, 3353, 3341, 3335, 3325 AND 3315 THOMAS AVENUE; AND 3384, 3364, 3354, 3340, 3330, 3324, 3320 AND 3310 GRAND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00166zc4 CC 12-15-11 SR Fact Sheet.pdf 08-00166zc4 Analysis. pdf 08-00166zc4 PZAB Reso.pdf 08-00166zc4 Application & Supporting Documents.pdf 08-00166zc4 CC Legislation (Version 5).pdf 08-00166zc4 Exhibits A-D (Legal & Graphics). pdf LOCATION: Approximately 3363, 3353, 3341, 3335, 3325 and 3315 Thomas Avenue; and 3384, 3364, 3354, 3340, 3330, 3324, 3320 and 3310 Grand Avenue (Abaco Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Abaco, LLC, Grand Abaco Development of Village West Corp., 3354 Grand Inc., High Hopes, Inc., Grand Abaco Development II, Corp., George and Dazelle Simpson, Sheila Bullard and Stirrup Properties, Inc., Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions to City Commission on November 2, 2011 by a vote of 7-0. See companion File IDs 08-00166zc1, 08-00166zc1 a, 08-00166zc2, 08-00166zc3 and 08-00166zc5. *See supporting documentation. PURPOSE: This will change the above properties to "T6-8-O" Urban Core Transect Zone with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones 13301 Commissioner Sarnoff. Move PZ.8, as amend -- Commissioner Suarez: Second. City ofMiami Page 37 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff.. -- as modified. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Suarez. Read it. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Your roll call, second reading modified ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. PZ.9 ORDINANCE 08-00166zc5 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIAL WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000) TO "T5-O" URBAN CENTER TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3558 FLORIDAAVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00166zc5 CC 12-15-11 SR Fact Sheet.pdf 08-00166zc5 Analysis.pdf 08-00166zc5 PZAB Reso.pdf 08-00166zc5 Application & Supporting Documents.pdf 08-00166zc5 CC Legislation (Version 5).pdf 08-00166zc5 Exhibits A-D (Legal & Graphics). pdf LOCATION: Approximately 3558 Florida Avenue (Freeport Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village LLC, Applicant/Developer, GV Freeport LLC, Contract Purchaser and Edna and Thomas Dermeritte, Owners FINDING(S): City ofMiami Page 38 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions to City Commission on November 2, 2011 by a vote of 7-0. See companion File IDs 08-00166zc1, 08-00166zc1 a, 08-00166zc2, 08-00166zc3 and 08-00166zc4. *See supporting documentation. PURPOSE: This will change the above properties to "T5-O" Urban Center Transect Zone with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On July 24, 2008, the City Commission adopted the companion Land Use Change application. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Sarnoff and Suarez Absent: 1 - Commissioner(s) Spence -Jones 13302 Commissioner Sarnoff.. Move PZ.9, as modified Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Sarnoff, second by Commissioner Suarez. Read it. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Your roll call, second reading modified ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. PZ.10 RESOLUTION 08-00166mu A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE GROVE VILLAGE PROJECT, TO DEVELOP A MIXED USE PROJECT ENCOMPASSING SIX CITY BLOCKS IN COCONUT GROVE NET AREA IDENTIFIED AS: GRAND BAHAMA, ABACO, PARADISE ISLAND, BIMINI, FREEPORT, AND NASSAU WHICH ARE FRONTING ON GRAND AVENUE BETWEEN PLAZA AND MARGARET STREETS, MORE SPECIFICALLY IDENTIFY HEREIN AS EXHIBIT "A", FORA MAXIMUM OF 349 DWELLING UNITS, A MAXIMUM OF 750,924 SQUARE FEET FLOOR AREA RATIO FOR RETAIL, OFFICES AND RESIDENTIAL COMPONENTS, A MINIMUM OF 1,566 PARKING SPACES, City ofMiami Page 39 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 AND A MINIMUM OF 74,319 SQUARE FEET FOR OPEN SPACES BASED ON THE PROPOSED PROGRAM OPTIONS DESCRIBED HEREIN AND IN COMPLIANCE WITH THE PROPOSED ZONING DESIGNATION FOR THE PROJECT; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00166mu Book Vol. 1 Table of Contents, MUSP Appl. & Supporting Docs.pdf 08-00166mu Book Vol. 1 Rezoning Appls., Zoning Write Up & Corporate Docs.pdf 08-00166mu Book Vol. 2 Project Desc. & Supporting Docs Pt. 1.pdf 08-00166mu Book Vol. 2 Supporting Docs Pt. 2.pdf 08-00166mu CC 12-15-11 Fact Sheet.pdf 08-00166mu Analysis; Agency & Brd. Recs; Sch. Conc. & PZAB Reso.pdf 08-00166mu Legislation (Version 3) & Exhibits (Including Map).pdf LOCATION: Encompassing Six City Blocks in Coconut Grove NET Area Identified as: Grand Bahama, Abaco, Paradise Island, Bimini, Freeport and Nassau, which are Fronting on Grand Avenue between Plaza and Margaret Streets [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of the Applicant/Developer Grove Village, LLC, Jarrette Bay Investments Corp., Grand Bahamas Development of Village W Corp., Twyman E. Bentley, Jr., George and Dazelle Simpson, Sheila Bullard, Centermidl0, LLC, Nassau Development of Village W Corp., Stirrup Properties Inc., West Grove Development Corp., GV Freeport, LLC, GV Nassau, LLC, GV Abaco, LLC, GV Paradise Island, LLC, GV Grand Bahama, LLC, Freeport Development of Village West Corp., Edna and Thomas Demeritte, GV Bimini, LLC, Andros Development Corp., Bimini Development of Village W Corp., Paradise Island Development Corp., City of Miami Dept of P & D, Christ Episcopal Church Inc., Christ Protestant Episcopal Church, Inc., Grand Abbaco Development Village W Corp., 3354 Grand Inc., High Hopes, Inc., Grand Abbaco Development II Corp., Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with conditions* to City Commission on November 2, 2011 by a vote of 7-0. See companion File IDs 08-00166zc1, 08-00166zc1 a, 08-00166zc2, 08-00166zc3, 08-00166zc4 and 08-00166zc5. *See supporting documentation. PURPOSE: This will allow the development of the Grove Village project. Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Sarnoff and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-11-0538 Commissioner Sarnoff. At this time I would like to listen to the applicant's voluntary tender of City ofMiami Page 40 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 what it'd like to do on PZ.10, of course being voluntary. Lucia Dougherty: I gave those conditions to the Planning director andl have to get another -- Commissioner Sarnoff. So they would include a minority construction employment plan. It would include retail opportunities. Ms. Dougherty: Yes, sir. We have a minority construction and subcontractor plan. We have recruiting of retail businesses to locate within Coconut Grove. We have affordable housing which we described to you in detail. We have a job training commitment, both job training for not only construction workers but also job training for people who work in the retail industry and office component of our project. Commissioner Sarnoff. Didl equally hear you say that you would have a job program which would give opportunities to people with felony convictions? Ms. Dougherty: We have done that in the past, but I don't -- Commissioner Sarnoff. I'm sorry. I didn't hear you. Ms. Dougherty: We have done that in the past. Commissioner Sarnoff. I still didn't hear you. Ms. Dougherty: We will continue to do it. Commissioner Sarnoff. That's what I thought I heard. That was voluntary, was it not? Ms. Dougherty: Yes. Chair Gort: Yes. Commissioner Sarnoff. Okay. Ms. Dougherty: Yes. Commissioner Sarnoff. I'd move PZ.10 subject to the statement now that the -- Commissioner Suarez: Second. Commissioner Sarnoff. -- Planning director will put into the record. Commissioner Suarez: Second. Francisco Garcia (Director, Planning): Thank you, sir. I'd like to read into the record briefly three additional conditions. These are to dispense with some pending Code Enforcement Board matters. They are these. One, the fines for violation number CE 2010-012675 and CE 2010-0012404 shall be paid within 30 days of the order of mitigation, which is scheduled on January 5, 2012. Two, the lien for 3355 Grand Avenue will be paid within 30 days of the order once it is scheduled for mitigation. Three, the tree mitigation fine for 3585 Grand Avenue number -- violation number CE 2006-002922 shall be paid at closing or building permit, whichever comes first. The mitigation fine or lien shall be paid within 30 days of the order of mitigation. Thank you. Commissioner Sarnoff. Maker understood that; sure seconder did too. City ofMiami Page 41 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Priscilla A. Thompson (City Clerk): So what -- I'm sorry. Commissioner Sarnoff. As modified, as amended. Ms. Thompson: Thank you. It's a resolution. Ms. Dougherty: Did you want to make that -- modify your other condition? Mr. Garcia: My apologies. Yes, there is one other condition that I would like to mod. It was actually a scrivener's error, so it is to clam. Andl will read then the slightly modified version of condition number 12. It would say, any future modifications to this Major Use Special Permit which are considered substantial shall be processed pursuant to Article 7.1.3.5(d), 2(c) and so far it remains the same. We would like to add the modification shall meet applicable transect regulations. The only word we are inserting is the modification and that is to clarify a sentence that otherwise would not make sense. Commissioner Sarnoff. So interpret what you just said. Mr. Garcia: I'm sorry? Commissioner Sarnoff. Interpret what you just said. Mr. Garcia: Any modification to the Major Use Special Permit shall be made in compliance with the transect regulations that will result as a result of the changes of zoning which I will remind this board are more restrictive than the zoning presently in place. Commissioner Sarnoff. Okay. Chair Gort: Okay. You want to read it? Commissioner Sarnoff. No. It's all in favor. It's a reso. Ms. Thompson: Reso. Commissioner Sarnoff. It's a resolution. Chair Gort: A resolution, okay. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Dougherty: Thank you very much. Chair Gort: Thank you. PZ.11 ORDINANCE 10-00667Iu 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 City ofMiami Page 42 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 HEREIN FOR THE REAL PROPERTY LOCATED AT APPROXIMATELY 212 NORTHWEST 25TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-006671u CC 12-15-11 FR Fact Sheet.pdf 10-00667Iu Analysis, Maps, PZAB Reso & School Concurrency.pdf 10-00667Iu Application & Supporting Documents.pdf 10-006671u CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 212 NW 25th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Matthew Plonys, Vice President, on behalf of Boston Investors Group, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on October 5, 2011 by a vote of 7-0. See companion File ID 10-00667zc. PURPOSE: This will change the above property to "Duplex Residential'. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Sarnoff and Suarez Absent: 1 - Commissioner(s) Spence -Jones Chair Gort: PC.11 [sic]. PZ.11. Francisco Garcia (Director, Planning): Items PZ -- Chair Gort: Go ahead. Mr. Garcia: Thank you, sir. Items PZ11 and PZ.12 are companion items. These are a land use change and a zoning change for properties at -- or actually a property at 212 Northwest 25th Avenue. The zoning change request and the land use change request are essentially from single-family residential to duplex residential. The Planning, Zoning and Appeals Board recommended denial. The Planning and Zoning Department also recommends denial. Chair Gort: Okay. Is the applicant here? No applicant? Mr. Garcia: If the applicant is not present today, that may be because I have had numerous conversations with the applicant and they are under the understanding that we are recommending denial and that we, the Planning and Zoning Department, will actually conduct a survey of the area and attempt to determine whether, in fact, the nature or the condition in most of those properties is duplex. If it, in fact, is duplex we have agreed that the Planning and Zoning Department, on behalf of the City, may initiate a zoning change. Otherwise, to single out this property and conduct a zoning change solely for this property makes no sense and the City would oppose it. City ofMiami Page 43 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: With that saying, I recommend denial. I make a motion to deny. Chair Gort: Okay, there's a motion to deny. Commissioner Sarnoff. Second. Commissioner Suarez: Second. Chair Gort: Do you need to read it if it's a motion to deny? Victoria Mendez (Assistant City Attorney): We -- I mean, it's a -- Commissioner Suarez: No, no, no. Ms. Mendez: -- motion to deny the ordinance. We should just read what we're denying just for -- Chair Gort: Okay. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Chair Gort: Roll call. Do you need a roll call or no? Ms. Thompson: No. You just need -- Chair Gort: Okay. All in favor, state it by saying "aye. " The Commission (Collectively): Aye. Ms. Mendez: It was a motion to deny the change. Commissioner Suarez: Correct. Commissioner Sarnoff. Right. Chair Gort: Right. Commissioner Sarnoff. So it's not an ordinance. Commissioner Suarez: Right, so we vote in favor of the motion to deny. Commissioner Sarnoff. Right. Vice Chair Carollo: Right. Ms. Mendez: Right. Commissioner Sarnoff. Just a resolution. Chair Gort: Yeah. City ofMiami Page 44 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Suarez: Right. Chair Gort: Okay. Vice Chair Carollo: Actually -- Chair Gort: PZ (Planning & Zoning) -- Vice Chair Carollo: -- PZ.11 is an ordinance. Commissioner Sarnoff. No, but we're moving -- you're making a motion to deny it so -- Vice Chair Carollo: Gotcha. Commissioner Sarnoff. -- it's by resolution this Commission -- Chair Gort: Deny. Commissioner Sarnoff. Forget it. PZ.12 ORDINANCE 10-00667zc First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL (IN ORDINANCE 11000) TO "T3-O" SUB -URBAN ZONE (IN MIAMI 21), FOR THE PROPERTY LOCATED AT APPROXIMATELY 212 NORTHWEST 25TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00667zc CC 12-15-11 FR Fact Sheet.pdf 10-00667zcAnalysis, Maps & PZAB Reso.pdf 10-00667zc Application & Supporting Documents. pdf 10-00667zc CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 212 NW 25th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Matthew Plonys, Vice President, on behalf of Boston Investors Group, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on October 5, 2011 by a vote of 7-0. See companion File ID 10-006671u. PURPOSE: This will change the above property to "T3-O" Sub -Urban Zone -Open. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DENIED PASSED by the following vote. City ofMiami Page 45 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Sarnoff and Suarez Absent: 1 - Commissioner(s) Spence -Jones Direction by Vice Chair Carollo to the Administration to have the Planning and Zoning Director reach out to the applicant and advise that the City ofMiami will take action on the land use change based on the results of the survey conducted. Vice Chair Carollo: PZ.12, motion to deny. Commissioner Suarez: Second. Chair Gort: It's been moved and second. Moved by Vice Chairman Carollo, second by Commissioner Suarez. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Chair Gort: Thank you. All in favor of the denial? The Commission (Collectively): Aye. Chair Gort: Thank you. Vice Chair Carollo: Mr. Chairman, ifI may real quick. Chair Gort: Yes. Vice Chair Carollo: And I'd like to direct our director of Planning. Commissioner Suarez: Planning and Zoning. Francisco Garcia (Director, Planning): Yes, sir. Vice Chair Carollo: Okay. I don't know if it's Planning and Zoning. I'll just say Planning. Mr. Garcia: Planning and Zoning. Vice Chair Carollo: Director of Planning to reach out to the applicant like you said you have with regards to -- as you've shown me that the whole block -- like if it's good for one -- I don't know what's the technical word -- Commissioner Suarez: It's good for -- Vice Chair Carollo: -- one parcel -- if it's good for one parcel, then it's good for the whole block. So if you could do that study and reach out to them. Mr. Garcia: We certainly will, sir. Thankyou. Vice Chair Carollo: Thankyou. PZ.13 ORDINANCE 11-00699Iu 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 City ofMiami Page 46 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 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 FOR THE REAL PROPERTY LOCATED AT APPROXIMATELY 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-006991u CC 12-15-11 FR Fact Sheet.pdf 11-006991u Analysis, Maps, School Concurrency & PZAB Reso.pdf 11-006991u Application & Supporting Documents.pdf 11-006991u CC Legislation (Version 2) & Exhibit.pdf LOCATION: Approximately 230 SW 3rd Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of 230 SW 3rd St LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-0. See companion File ID 11-00699zc. PURPOSE: This will change the above property to "Restricted Commercial'. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Sarnoff and Suarez Absent: 1 - Commissioner(s) Spence -Jones Chair Gort: PZ.14. Vice Chair Carollo: 13. Francisco Garcia (Director, Planning): Items PZ.13 and PZ.14 -- Chair Gort: 13. Mr. Garcia: -- are companion items. Item PZ.13 is a land use change proposal. Item PZ.14 is a zoning change proposal, both for the property at 230 Southwest 3rd Street. For your reference, this happens to be the parcel just north of the Miami Riverside Center -- Commissioner Suarez: Move it. Mr. Garcia: -- your administrative center. Commissioner Sarnoff. Wait, wait, wait. Chair Gort: Wait, wait. City ofMiami Page 47 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff. The Commissioner is not here. Vice Chair Carollo: Yeah. Mr. Garcia: That is correct. The Commissioner has -- Commissioner Sarnoff. Has anybody been requested -- you've been requested by her to move this item? Mr. Garcia: It's certainly with that office's blessing that we move forward on this item and they are fully aware. Yes, sir. Commissioner Sarnoff.. So I'm going to ask the question as clear as I can. Have you been requested by her to move this item? Mr. Garcia: Yes, sir. Commissioner Sarnoff.. Okay. That's an answer. Commissioner Suarez: You want to second it now? Commissioner Sarnoff.. I'll second. Commissioner Suarez: Okay, thank you. Lucia Dougherty: Lucia Dougherty -- Commissioner Sarnoff.. Just trying to look out for another Commissioner. Ms. Dougherty: -- and Javier Avino, with offices at 333 Avenue of the Americas. How fast would you like this presentation? Commissioner Sarnoff.. That's good. Commissioner Suarez: It's been moved -- Ms. Dougherty: Thank you. Commissioner Suarez: -- and seconded so yeah. Just put it in the record. Put it in the record. Commissioner Sarnoff.. Could you do it as long as the Pointe Group? Chair Gort: Read it. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Vice Chair Carollo: Roll call. Priscilla A. Thompson (City Clerk): Just wanted to make sure. We did -- we need to open and close the public hearing. Commissioner Suarez: Sure. City ofMiami Page 48 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: Yes. Ms. Thompson: Thank you. Your roll call on your first reading ordinance. Vice Chair Carollo? Vice Chair Carollo: Yes. Commissioner Suarez: Are you going to get up there, Mr. Toledo? Unidentified Speaker: Hey, I'm thinking about it. Commissioner Suarez: Come on, buddy, come on. Get on up. Unidentified Speaker: I'm thinking about it. Commissioner Suarez: It's not that hard. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Chair Gort? Chair Gort: Yes. Ms. Thompson: The ordinance has been passed on -- Commissioner Suarez: Move it -- Ms. Thompson: -- first reading -- Commissioner Suarez: -- PZ.15. Ms. Dougherty: Thank you -- Victoria Mendez (Assistant City Attorney): Chair -- Ms. Dougherty: -- very much and happy holidays. PZ.14 ORDINANCE First Reading 11-00699zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "CI" CIVIC INSTITUTIONAL ZONE TO "T6-36B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 49 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 11-00699zc CC 12-15-11 FR Fact Sheet.pdf 11-00699zcAnalysis, Maps & PZAB Reso.pdf 11-00699zcApplication & Supporting Documents.pdf 11-00699zc CC Legislation (Version 2) & Exhi bit. pdf LOCATION: Approximately 230 SW 3rd Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of 230 SW 3rd St LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-0. See companion File ID 11-006991u. PURPOSE: This will change the above property to "T6-36B-O" Urban Core Zone. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Sarnoff and Suarez Absent: 1 - Commissioner(s) Spence -Jones Vice Chair Carollo: PZ.14. Commissioner Suarez: I'm sorry, PZ.14, the companion item. Was it PZ.14 or PZ (Planning & Zoning) --? Vice Chair Carollo: PZ.14. Commissioner Suarez: Oh, PZ.14. Commissioner Sarnoff. 14. Chair Gort: 14. Commissioner Suarez: Move PZ.14. Vice Chair Carollo: Second. Commissioner Sarnoff. Second. Chair Gort: Moved by Commissioner Suarez, second by Vice Chairman Carollo. Vice Chair Carollo: She could read it. Chair Gort: Read it. Victoria Mendez (Assistant City Attorney): Is there any public hearing opening and closing? Chair Gort: You got to read it first. City ofMiami Page 50 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Ms. Mendez: Okay. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Chair Gort: Thank you. Open and close the public hearing. Yes, ma'am, roll call. Priscilla A. Thompson (City Clerk): Your roll call on your first reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Unidentified Speaker: Thank you very much. PZ.15 ORDINANCE 11-00875zt First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, "STANDARDS AND TABLES" AND ARTICLE 6, "SUPPLEMENTAL REGULATIONS", TO MODIFY REQUIREMENTS FOR PUBLIC AND COMMERCIAL STORAGE FACILITIES IN T5, T6, AND DISTRICT (D) ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on December 14, 2011. PURPOSE: This will modify requirements for public and commercial storage facilities in T5, T6, and District (D) Zones by providing additional flexibility to such use and remove distance separation requirements between such facilities. Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Sarnoff and Suarez Absent: 1 - Commissioner(s) Spence -Jones Chair Gort: PZ.15. Francisco Garcia (Director, Planning): Item PZ.15 is the last PZ (Planning & Zoning) item before you today. This is before you on first reading, and this is a proposed amendment to Miami 21, the zoning ordinance, intended to change the regulations for public storage facilities. This ordinance proposes basically the elimination of distance requirements between public storage facilities. It still maintains a requirement that they be allowed by warrant, which is administrative review, and they are only eligible to be developed in transect zones T5 0 and above, all of them high density, high intensity and mixed use, including of course the districts. Also, it is recommended that the time -- the times during which they can be open be extended City ofMiami Page 51 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 from 5 a.m. to 11 p.m., where it is presently 6 a.m. to 10 p.m. And in addition, it is recommended that the cap for these uses, which is presently 55,000 square feet, be lifted and that they be allowed to be developed by warrant. Should that cap not be amended, they would still be eligible for sizes greater than 55,000 square feet; however, they would have to go through an exception process. Our recommendation is for approval. The Planning, Zoning and Appeals Board heard this item last night and although there was no consensus as to any one of these provisions, the overall consensus was positively in terms of mod4ing these regulations and l'll explain to you why very briefly in a moment. But I should tell you that there were differing opinions regarding square footage limitations, parking requirements, spacing requirements and times of operation. If you want me to go into further detail, I'm happy to do so. But again, generally speaking, the sentiment was that the regulations merited being modified. In closing -- andl'll certainly answer any questions you may have -- there are two thoughts thatl wanted to leave with you. It is clear to us that the urban core in Miami is densfing and that it is redeveloping. And as it is more and more common to live in units as opposed to single-family residences, there is a greater need for these uses. That's certainly a premise of this amendment. The other premise for this amendment is the fact that these facilities are now being designed in a much more friendly manner. They are not the blank boxes that they used to be once, and we have ample examples from facilities elsewhere in the United States. I have slides that I'll spare you unless you want to see them, where they can actually be properly articulated and actually fit in very nicely into the urban context. With that in mind, we recommend approval of the ordinance and we will answer any questions you may have. Chair Gort: Thank you. Read it. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Commissioner Suarez: Did we move it already? Priscilla A. Thompson (City Clerk): No. Vice Chair Carollo: No. Chair Gort: No. Commissioner Suarez: I was going to say. Commissioner Sarnoff.. Second. Commissioner Suarez: I don't know. I'll see what Mr. Rafael Garcia -Toledo has to say about that. Chair Gort: It's been moved by -- Commissioner Suarez: He might be here -- Chair Gort: -- Commissioner Suarez -- Commissioner Suarez: -- in public hearing against the item. I don't know. Chair Gort: -- seconded by Commissioner Sarnoff. Open and close the public hearing. Commissioner Suarez: I move it. I move it. Chair Gort: I know. You moved it and Sarnoff second it. City ofMiami Page 52 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff. I seconded before you -- Commissioner Suarez: The silent motion. I did the silent motion. Commissioner Sarnoff. -- knowing that you would move it. Commissioner Suarez: I did a silent motion. Chair Gort: Okay. The -- open the public hearing. Vicky Garcia -Toledo: Good evening. For the record -- Chair Gort: Thank you. Ms. Garcia Toledo: -- Vicky Garcia -Toledo. Fully in support of your staffs -- Chair Gort: Thank you. Ms. Garcia Toledo: -- recommendation. Chair Gort: Thank you. Commissioner Suarez: Thank you. Chair Gort: Okay. Roll call. Ms. Thompson: Roll call on your first reading ordinance. Vice Chair Carollo? Vice Chair Carollo: Yes, on first reading. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Chair Gort? Chair Gort: Yes. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Chair Gort: Great presentation, Vicky. One of your best. Vice Chair Carollo: Move to adjourn. Commissioner Suarez: Second. Chair Gort: Move to adjourn. The Commission (Collectively): Aye. City ofMiami Page 53 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Chair Gort: You all have a good one. Thank you. Commissioner Sarnoff.. Everybody, happy holidays. Chair Gort: Happy holidays. PZ.16 RESOLUTION 11-00911 xc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ARTICLE 4, TABLE 3 OF ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE OF THE CITY OF MIAMI, FLORIDA, AND CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS PERMITTED BY EXCEPTION IN SPECIFIC TRANSECT ZONE D-2, TO ALLOW A SUPPER CLUB IN TRANSECT ZONE D-2, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 55 NORTHEAST 24TH STREET, MIAMI, FLORIDA. 11-00911xc CC 12-15-11 Fact Sheet.pdf 11-00911xcAnalysis & Graphics.pdf 11-00911xc Application & Supporting Documents.pdf 11-00911xc Zoning Write Up & Plans.pdf 11-00911xc CC Legislation (Version 2) & Exhibit.pdf 11-00911xc-Submittal-Ben Fernandez.pdf 11-00911xc-Submittal-Resolution PZAB-R-11-060.pdf LOCATION: Approximately 55 NE 24th Street [Commissioner Marc David Sarnoff- District 2] APPLICANT(S): Ben J. Fernandez, Esquire, on behalf of Rosenthal, LLC, Owner and Slim's Universal Holdings, Co., LLC, Lessee FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on December 14, 2011. *See supporting documentation. PURPOSE: This will allow a supper club. Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-11-0537 Chair Gort: Francisco, I believe you have a request? Francisco Garcia (Director, Planning): Yes, please, sir. If it pleases the Commission, item PZ.16 is, we believe, fairly straightforward and the only private application that is scheduled to City ofMiami Page 54 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 appear after the Grove Village item, which is expected to be somewhat lengthier. So if it pleases the board -- and we can hear that item first and we can move on from there. Chair Gort: Okay, sir. PZ.16. Mr. Garcia: Thank you, sir. PZ.16 is a resolution to approve an exception permit application for a supperclub. Our recommendation is that it be approved with conditions, as specified in the submittals that we've made. The Planning, Zoning and Appeals Board heard the matter yesterday as well and recommended approval unanimously, 7-0. Chair Gort: Okay. Is the applicant here? Ben Fernandez: Commissioners, good evening. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of Slim's Universal Holdings, the operator, and Rosenthal, T,T C (Limited Liability Company), the property owner. Chair Gort: The Planning Department recommends approval? Mr. Fernandez: Planning Department recommends approval of this application. Chair Gort: Okay. Are you in agreement with the recommendation? Mr. Fernandez: We're in agreement with all conditions -- Chair Gort: And you want to -- Mr. Fernandez: -- as stated. And if there's no testimony required, we have no opposition that we're aware of. Chair Gort: Anyone in opposition -- Commissioner Suarez: Just waiting on the district Commissioner. Chair Gort: -- to PZ.16? Anyone in opposition of PZ.16, you're welcome to come. This is going to be a fast one. Priscilla A. Thompson (City Clerk): So, Chair, you're opening the public hearing now? Chair Gort: Yes, ma'am. Ms. Thompson: Thank you. Monica Huntzinger: Good evening. Chair Gort: Yes, ma'am. Ms. Huntzinger: My name is Monica Huntzinger, andl reside at 123 Northeast 25th Street. We purchased this property a couple of years ago with a vision of what the Midtown area would become. I think it's a great area with lots of potential. Over the years we have observed the construction of the Midtown complex with lots of retail stores, restaurants and small businesses. On the outskirts of Midtown, we have art galleries and unique shops of all descriptions. The street that we live on is located south of the Midtown and adjacent to the east side of the Florida East Coast Railroad. Most of these properties are zoned commercial, but 90 percent of all the structures are residential homes on our street. There was a great deal of drug activity and prostitution going on when we first moved in. Over the last two years, this has improved due to City ofMiami Page 55 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 the new ownership of many of the houses on the street. What I now see are families, andl hear the sounds of children playing in their yards. I'm opposed to the zoning exception to allow the so-called supperclub, commonly known as a nightclub, in our area. It will have a negative effect on our community. This would not be a good direction for the neighborhood. As an example, one mile south of our neighborhood is an area known as Park West, which houses numerous nightclubs. Recently in a Miami Herald newspaper article, dated November 5, highlighted the violence in these clubs in parking areas, such as shootings, stabbings, stampedes, and a machete attack that have killed several and injured many others. This is not the type of business our community wants in our neighborhood. This type of establishment only benefits Mr. Adouth and Mr. Bloomberg, not the residents or adjacent businesses. There's also the noise issue. Last year I was at the U-Haul store, located on Northeast I0th Street, one street south of the clubs location, about 8 in the morning, and the music was still going. I was amazed at the noise level. Other items to consider are vandalism to adjacent businesses, trash and drug dealing. This will not move our neighborhood and community into a positive direction. We'll only lose the positive ground that all involved have gained in recent years. I reviewed the application submitted by Mr. Fernandez, who's representing the owner, Mr. Rafael Adouth and Mr. Ron Bloomberg, and the plan submitted with their package. I do not see a kitchen on the plan, nor a menu which shows the food items being offered at the supperclub, yet they're claiming a cook as one of the listed employees. The plan submitted with the application show single -entrance doors, which would be quite noisy when open. There are not any details on the walls or ceiling construction. This is a very old building, built 1921, and I'm sure not insulated for sound. There also is the issue of parking. They've indicated that they'll be leasing property along the east side of the building from the Florida East Coast Railroad. I do not see a copy of the lease attached with the application. The property currently has eight open permits to expire in May of 2012, which covers many different trades. One general description is interior remodel from storage to supperclub bar. I have to wonder if work is being performed before the exception has been approved. This is putting the cart before the horse, or has there been some kind of approval without knowledge of the surrounding community? Sections 36-4 and 36-5 of the City ofMiami noise ordinance state, in short, that the noise or music that is plainly audible at a distance of 100 feet from a vehicle or premises from which it originates constitute prima facie evidence of a violation of this chapter. I'm sure we would hear the bass rumble emanating from this building. On weekends I can hear music from the Electric Pickle and it's five blocks away. My last item of concern would be the operating hours, 3 p.m. to 5 p.m. [sic], 7 days a week. The 5 a.m. closing, which, ifI understand this correctly, means that the last call for alcohol is at 5 a.m., and that would put these young, intoxicated individuals right into the path of the rest of us on our way to work in the morning. In short, this City has enough nightclubs, andl think getting a good night sleep and hearing the kids playing in the yards suits me just fine. Thank you for your time. Commissioner Sarnoff. What is your -- Chair Gort: Thank you, ma'am. Commissioner Sarnoff. -- address? Where are you at? Ms. Huntzinger: I'm located at 123 Northeast 25th Street. Commissioner Sarnoff. Thank you. Chair Gort: Thank you, ma'am. Mr. Fernandez: IfI may. Ms. Huntzinger: Thank you. Chair Gort: Okay. City ofMiami Page 56 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Mr. Fernandez: Mr. Chair, I don't -- Chair Gort: Excuse me, you'll get a chance, opportunity. Mr. Fernandez: Thank you. Chair Gort: Is anyone else? Okay, yes, sir. You'll have plenty of time. Joel Kelly: Good evening, Commissioners. My name is Joel Kelly. I also live at 123 Northeast 25th Street. We had other people who had wanted to speak tonight, but many of them have jobs. They live on the street so they're hoping that the few people that are left over can convince you all that on the east side of the railroad tracks where we live is actually a thriving family -oriented community with a bus stop at the end of the street for elementary school kids. I have a 16-year-old son. The people across the street have a daughter who's in the first grade. And so although the west side of the tracks seems to be mostly a warehouse district, the east side of the tracks, which is literally just the distance of 100 to 200 feet, is actually a thriving residential neighborhood. The noise at night would be terrible for us from 11 o'clock at night to 5 in the morning, the additional trash, the drug dealing. In the last few years we've been lucky enough to have a decrease in the drug dealing and the prostitution on the street. You know, our fear is that a nightclub in the area is going to bring that back to our area. And as Mr. Carollo said this evening, he believes that this city should be a family -oriented city and putting a nightclub right next to a residential community is not a family -oriented process. Thank you very much. Chair Gort: Thank you, sir. Anyone else? Francisco, I thought it was going to be short. Steve Harivel: Chairman Gort and Commissioners. My name's Steve Harivel. I also live on 25th Street, 105 and 107 Northeast 25th Street. I have three kids. I live there with my wife. And seems that when I first bought the property, it was a dead-end street and it was quiet and it was a good place to move. I moved from Miami Beach thinking that I could, you know, reach a neighborhood where I wouldn't have the same thing that's happening on Washington Avenue, on Collins, andl convinced a lot of people to move around and because since I moved there, a lot of people have moved in that neighborhood. I have a lot of friends who own property 23rd, 24th all along the same corridor, different areas. My main problem is I'm wondering, you know, with the FEC (Florida East Coast) tracks being right there, us being on the other side, doesn't exclude the fact that people are not going want to -- there's going to be a parking problem, which I'm not sure where they're going to park the cars. I'm sure there's going to be an answer. I'm wondering if people are going to park on our side on the dead-end street and I'm going to have a hard time getting in and out of my property. So that's my first concern. My second concern is the noise. The FEC corridor kind of like -- somehow puts a pitch on noise. What it does it travels through like it does through hallways and it just gets to the back of the property and the front of the property. And when you're outside of any of their properties on 25th Street and there's music playing, you can't -- you can barely tell the music's there. When -- as soon as you go to the back of the building, it travels through the FEC tracks, so that's a little bit of a concern. The main reason why I'm in opposition is basically because I feel that Miami's getting a second chance, andl really feel like that neighborhood's thriving with artist communities. There's people doing yoga on our block that are -- there are studios. There's -- I mean, it's just kind of like a -- sort of like a boutique environment. It's not an environment for clubs. It's more like a community. And as long as Wynwood continues to thrive in that direction with small coffee shops and, you know, magazine stores and stuff like that, I think it's the right direction. So that's my biggest concern of all, beyond everything else. That's it. Thank you. Chair Gort: Thank you, sir. Okay, anyone else? Okay, sir. Mr. Fernandez: Thank you. I'll try to be as brief as possible. Most salient point being if you City ofMiami Page 57 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 turn to Tab C in the exhibit booklet that I've provided to you, you'll see that this is an area that is zoned D-2. That's the industrial. That is the heavy industrial transect of the City. And you'll see that the areas around it are designated with similar, lighter intensity industrial transects or multifamily transects, T6-8 across the FEC track to the east. There is no low density transect anywhere in the area. Although we recognize that there may be a few homes east of the railroad track, those homes, I would suggest to you, are more than 500 feet away from this site. This warehouse is a fully enclosed structure. There is no outdoor aspect to this use. More importantly, the use itself is for Automatic Slims. Automatic Slim's is a club that currently operates on South Beach. It's got a proven track record in a mixed -use area on Washington Avenue. Miami Avenue has developed with a similar -- is developing with a similar trend of clubs and restaurants. You have the Electric Pickle as was just mentioned down the street; Bardot, another popular club down the street; the Stage within the Design District that is doing very well and is compatible with the area uses. I would also suggest to you that from a parking standpoint, there is no better location than this to have a club within this area because the FEC is a large swath of land that can accommodate parking for these nonconforming structures that were built years ago that are the only structures that are large enough today to accommodate an adaptive reuse for a club such as this. No one is going to build something like this from the ground up. These are the types of interim uses that are cost-effective enough to create jobs. This is going to create about 60 jobs, we estimate. It will provide food. The comment that was raised about no kitchen area being on the plan, I don't think that they've seen our floor plan. There's clearly a food preparation area. It's identified right here on this exhibit before you. We have a lease in place with the FEC for the parking, and I've passed that around to you, that wasn't submitted with our original application, but we did have an application for a lease and that has now been approved, and in fact, the lease has been fully executed and is in effect. And lastly, and think this is probably the most significant thing, this property itself has been previously approved for a supperclub use under the 11000 ordinance. That special exception was approved in 2008. There were subsequent applications to renew that approval that were filed, and this is really -- this really should be viewed only as a change of operator for a use that has already been approved on this particular property. And I'm here with Mr. Bloomberg and Mr. Andy Kostas. We're here to answer any questions that you have. We have submitted an operation plan. It fully describes the security measures that we're going to employ to ensure that this is going to be a safe operation and well managed operation. The dead-end street that it's located on, 24th Street, is -- has no access to the east side of the FEC corridor. That's another reason this is an ideal location for this type of use. It allows a very controlled environment, and also there's an adequate amount of on -street parking available because of the fact that many of the galleries in the area will be closed in the evening hours when this club is going to be in operation. So for those reasons alone, I think that this application is appropriate. It's the most appropriate location in the area for this type of use. And lastly, I'll point out, that the media and entertainment district, which is a special district where you've encouraged these types of uses, is really undergoing a different type of change right now. And the need or the demand for this type of club is being felt in the southern extreme of Wynwood where Wynwood meets Midtown, and that's exactly this area. This is where Wynwood meets Midtown. And so we would ask that you approve our application. Chair Gort: Okay, sir, we'll close the public hearings [sic], and questions, board members. Commissioners. Commissioner Sarnoff. Ben, real quickly, this is the FEC that's being reutilized now for rail and for freight and for passenger, right? Mr. Fernandez: Correct. Commissioner Sarnoff. And you still have space to park cars on that particular section? Mr. Fernandez: Absolutely. It's the same space that has previously been described under other City ofMiami Page 58 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 applications that had been approved by this Commission for the very same use in prior years. Commissioner Sarnoff. No, no. But my question is slightly different. The FEC has been improving the rail line there. Mr. Fernandez: Yes. Commissioner Sarnoff. And with the improvement, there's still ample parking. Mr. Fernandez: Absolutely. Commissioner Sarnoff. And what is ample parking to you? How many parking spaces? Mr. Fernandez: Over 50 spaces. That's not including the on -street spaces that are available on 24th Street and on Miami Avenue. Commissioner Sarnoff. You know, I'm going to be candid with you guys. I'd like to listen to what you think about this. I know it's in my district, but I'd like to hear from the other Commissioners. Commissioner Suarez: Thank you, Mr. Chairman. I'll jump in here and then I'll let the Vice Chairman. You know, I was actually hoping that you would give us some guidance on this, but I'll give you my two cents. I see that one of the things that caught my attention was that the surrounding zoning, when you look at the surrounding zoning, there doesn't seem to be any single-family zoning in the area, so those properties, although they may be single-family homes, are actually very, very valuable because they sit on property that can be built to a 6- to 8-foot -- I'm sorry, 6- to 8-story height, so they have a very, very valuable piece of property. They may not even realize how valuable their property is. The other thing that came to mind was, you know, I have some of these problems in my district with a club that is close to a residential area. I happen to have been to that establishment in the past when it was in Miami Beach and it was a very good establishment. I mean, it was, you know -- I wonder if there's any way -- 'cause it seems like the fear of the residents revolves mostly around noise, which is the logical fear. If there's any way to allay that fear. Maybe to have a sound engineer go in there, do some sound testing that they can, you know, be in their respective properties. You know, being creative to try to come up with a solution to allay what I think is their biggest fear. It seems like you got the parking situation somewhat under control and that's also another concern, the spillover, because I'm dealing with that with another nightclub close to a residence. Vice Chair Carollo: Thirty-second Avenue. Commissioner Suarez: Yes, right across from your mother's house. And you know, I have a constituent there I've got to take care of so -- but yes, it's that one. And we just implemented a residential parking zone there, so we're doing things to make things better. So that's kind of my perspective on this. Commissioner Sarnoff. So, Ben, what can we do for noise? Mr. Fernandez: Well, I mean, the structure has no windows. I mean, it has a few doors. It is as about as soundproof as you can get. It was originally developed as a mill, I believe, that worked off the tracks. Commissioner Sarnoff. So -- Mr. Fernandez: I mean, we can work with the Department to ensure that there's, you know, sound abatement material employed in the construction. City ofMiami Page 59 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff. I think most of what I see with the entertainment district and these warehouses is when the doors are open or when some thing -- there's an opening where the noise is able to escape from. There are noise attenuation door covers. There are things you could be doing. Is that something that you --? Mr. Fernandez: That's an excellent point, Commissioner. If you would -- if I could bring this to your attention -- it's a little far away for you to see it. But this actually is designed so that there's a foyer when you enter the warehouse, and so there are a series of doors that you will go through before you actually get to the, you know, louder entertainment, and that's exactly the type of design that has been suggested in relation to other similar applications to attenuate the sound that could emanate from this type of use. Commissioner Sarnoff. So, Madam City Attorney, what if we approve this and then the noise was a problem. He would then have a right to just continue the use? Ms. Chiaro: He would have -- Chair Gort: You can condition it. Ms. Chiaro: No. The permit could be revoked if the noise were a problem. Commissioner Sarnoff. If the noise was a problem. Ms. Chiaro: Yes. Commissioner Sarnoff. So it's not anything that he would then claim to have a vested right? Ms. Chiaro: He has a vested right only if he complies with the conditions imposed. Commissioner Sarnoff. I see. Okay. You want to -- I'd like to hear from any of you guys. Chair Gort: Well, you know, this -- Vice Chair Carollo: No. Chair Gort: I'm sorry. Go ahead. Vice Chair Carollo: No. Go ahead, Mr. Chairman. I mean, I -- Chair Gort: You know, this used to be the old garment district where you had all those factories that would take place and they would create all kinds of dresses and so on and most of those places have been abandoned. I can see the problem with the noise. I don't see the problem with the parking because you got the FEC. My understanding is, the FEC is going to establish a corridor in there, trains going back and forth, so I don't think people were parking on the east side of the railroad and try to go across because they might get killed. So in the experience that I had with the FEC in my area, we are now determined to use part of it for parking in the facilities that we have. The noise is something that think it bothers everybody because everybody that works and have to get up early the next morning is going to bother them quite a bit. I think we have to put a few -- if you make a motion, condition to the noise levels. Commissioner Sarnoff. Commissioner. Vice Chair Carollo: I agree. You know, I will make a motion with a condition on the noise. And fin the future there's issues with the noise, then it's revoked. City ofMiami Page 60 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 Commissioner Sarnoff. Let me -- I'm going to make a motion then. I've always had an issue, no surprise to anybody, on what's called 5 o'clock last call. So what I'm going to do is put a condition on you, which is 5 o'clock hard close. You have to close at 5 o'clock. I believe that it evacuates most people from the time the runners and the people heading to school and whatnot are probably driving around 5: 30, quarter to 6, and at least a 5 o'clock hard close means the doors are closed, they're shut, your people are outside and they should be getting on their way home. Number two, I'd like to make a condition that you have a noise attenuation study, satisfactory to Francisco Garcia, and that that demonstrates that you can capture your noise within 50 feet of your door. On those two premises -- and looking at where these folks live -- and they live a good distance away or at least Google Map shows you a good four or five blocks away. So with that, I'll make a motion to approve it. Commissioner Suarez: Second. Vice Chair Carollo: Second. Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor -- Commissioner Suarez: Aye. Chair Gort: -- yes. Vice Chair Carollo: Aye. Mr. Garcia: May I please request that those conditions be added to the conditions recommended by staff please? Chair Gort: Sure. Commissioner Sarnoff. As well as the conditions of staff. Mr. Garcia: Thank you, sir. Mr. Fernandez: Thank you. Chair Gort: Thank you. PZ.5. Priscilla A. Thompson (City Clerk): I'm sorry. Chair, didl hear the vote? I didn't hear a vote. I have your mover and seconder. Vice Chair Carollo: Yeah. Chair Gort: Yes. Ms. Thompson: The vote. Vice Chair Carollo: I second it. Ms. Thompson: Yes. Chair Gort: We all say Yes." Ms. Thompson: Oh, okay. I'm sorry. Thank you. City ofMiami Page 61 Printed on 1/9/2012 City Commission Meeting Minutes December 15, 2011 ADJOURNMENT Vice Chair Carollo: Yes. Commissioner Suarez: It's unanimous. Vice Chair Carollo: Unanimous, 4-0. END OF PLANNING AND ZONING ITEMS The meeting adjourned at 10: 40 p.m. City ofMiami Page 62 Printed on 1/9/2012