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HomeMy WebLinkAboutCC 2015-11-19 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com -mr,1°r ,° - ime9RP aRaii: IP AO .r r()„ Vt"•' Meeting Minutes Thursday, November 19, 2015 2:00 PM PLANNING AND ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chair Keon Hardemon, Vice Chair Marc David Sarnoff, Commissioner District Two Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes November 19, 2015 ORDER OF THE DAY Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the 19th day of November 2015, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Gort at 3:54 p. m., recessed at 4:12 p.m., reconvened at 4: 30 p.m., and adjourned at 5: 31 p.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Commissioner Carollo: PZ (Planning & Zoning) item. Chair Gort: PZ item. Todd B. Hannon (City Clerk): And for the record, the regular Commission meeting for November 19 has adjourned. And before we begin the Planning & Zoning, if you'd just give me 60 more seconds. Chair Gort: Madam Attorney. Okay. Victoria Mendez (City Attorney): We will now begin the Planning & Zoning portion of the meeting, and I'll state the procedures to be followed during this portion of the meeting. PZ items 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 must be sworn in by the City Clerk. Please note, Commissioners have been briefed by the City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute 286.0115. Staff will briefly present each item on the agenda. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with staff recommendation and no one from the public wishes to speak for or against the item, the City Commission may proceed to its deliberation and decision. The application -- the applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission followed by the appellee. Staff will be allowed to make any recommendation they may have, and the public may speak as stated before. The order of presentation shall be as described in the City Code and the Miami 21 Code. Members of the public will be permitted to speak through the Chair for not more than two minutes each, unless modified by the Chair. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as a part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Gort: Yes, sir. Commissioner Suarez: Mr. Chair, ifI may, I'd like -- Mr. Hannon: Sorry; ifI may administer the oath? My apologies, Commissioner Suarez. Ladies and gentlemen, if you will be speaking on any of today's -- Commissioner Suarez: Don't ever let it happen again. No, I'm just kidding. City of Miami Page 2 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Mr. Hannon: -- Planning & Zoning items, may I please have you stand and raise your right hand. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Thank you, Commissioner Suarez. Chair Gort: Thankyou. Commissioner Suarez: No. I was just wondering if -- I know we have a -- still a couple of agenda items; if we can just take the deferrals and the withdrawals first. Chair Gort: The deferrals, yeah. Will you go over the items that are going to be deferred? Francisco Garcia: I'm happy to, sir, and what I will do -- I'm sorry; for benefit of the record, Francisco Garcia, Planning & Zoning director. What 1 would like to do is to start with the items that were mentioned this morning at the regular agenda meeting, and these are the items that I understand were requested for continuance by the recently -elect Commissioner Russell. They are items PZ.1. As pertains to this one, this is a private application. I understand the applicant is here today and is certainly amenable to a continuance. If so, I would invite her to suggest a date for continuance. Melissa Tapanes Llahues: Good afternoon. Melissa Tapanes Llahues, Bercow Radell and Fernandez. I'm here on behalf of McArthur Properties, LLC (Limited Liability Company). We're requesting a continuance until January 2016. Chair Gort: Thankyou. Ms. Tapanes Llahues: Thank you. Mr. Garcia: I will continue then down the list and continue with the items reference -- Peter Ehrlich: Excuse me, Mr. Chair. Chair Gort: Excuse you. Mr. Ehrlich: Can we speak to the deferral or you want to wait? Chair Gort: We have (UNINTELLIGIBLE) let him finish. You'll get a chance to speak. Mr. Ehrlich: Okay, thank you. Chair Gort: Go ahead. Mr. Garcia: Thank you, sir. And there were also on that list of items requested to be continued four additional items. They are actually traveling together. They are items PZ.15, PZ.16, PZ.17, and PZ.18, which pertain both to parcels on the southern end of Watson Island and also some parcels of land along Rickenbacker Causeway; and those, I understand, have been requested to be continued to the next Planning & Zoning meeting, which will be on December 10. Chair Gort: It's a request to the PZ.1, 15, 16, 17, and 18. It's a public hearing. Anyone who would like to address those issues? Talking about deferral. City of Miami Page 3 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Mr. Ehrlich: Yes. Chair Gort: That's all. Okay. Mr. Ehrlich: Thank you very much. Speaking to the deferral, Mr. Chair, my name is Peter Ehrlich, 720 Northeast 69th Street. I'm referring to PZ 1, the proposed item on 37 38th Street and Biscayne Boulevard. We had a meeting of community leaders last Thursday, November 12, and we -- the consensus was -- and I believe the vote was 20 out of 21 of the neighborhood people that attended the meeting would all like this item, PZ.1, to be deferred until at least January. So we hope you'll approve the deferral. Thank you. Chair Gort: That's what we ask. Okay, thank you. Mr. Ehrlich: Thank you. Chair Gort: Anyone else? Mr. Ehrlich: Thank you very much. Chair Gort: Anyone else? Seeing none, hearing none, close the public hearing. Commissioner Suarez: So moved. Chair Gort: It's been moved -- Commissioner Carollo: Second. Chair Gort: -- Commissioner Suarez; second by Commissioner Carollo. Commissioner Suarez: Mr. Chair, can I add --? Chair Gort: Yes. Commissioner Suarez: I think that we have an applicant here that wants to withdraw something in my district. Chair Gort: Okay. Gilberto Pastoriza: Why don't you vote on that and -- Commissioner Suarez: Sure. Chair Gort: Let's vote on this one. Commissioner Suarez: Okay, no problem. Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Hannon: And again, so PZ.1, 15, 16, 17, and 18 will all be moved to the December 10 Planning & Zoning Commission meeting. Chair Gort: January. City of Miami Page 4 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Mr. Garcia: No. I'm sorry. If I may correct -- Chair Gort: One is January. Mr. Garcia: -- PZ.1 is January. Chair Gort: PZ 1 is in January. Mr. Hannon: PZ 1 is going to -- I mean, Januaty 14 or January 28, 2016? Mr. Garcia: I believe it's for the Planning & Zoning agenda; is that correct? Chair Gort: 28, yes. Mr. Hannon: I'm sorry; Januaty 28, 2014 -- 2016. Chair Gort: Correct. Mr. Hannon: Got it. Mr. Garcia: Thank you. Chair Gort: Yes, sir. Mr. Pastoriza: Good afternoon, Mr. Chairman, Commissioners, Gilberto Pastoriza, 2525 Ponce. I'm here with a request to withdraw PZ.5 and PZ 6. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: PZ. 5 and PZ. 6. Is anyone here that would like to speak on PZ.5 or PZ. 6 for a deferral? They're asking for -- Mr. Pastoriza: No, no, withdrawal. Chair Gort: -- a withdrawal. Commissioner Suarez: To withdraw. Chair Gort: Coming up, okay. Anyone? Mr. Garcia: Yes, sir, there are some additional -- Oh, I'm sorry. Public hearing. Commissioner Suarez: It was a 6p.m. time certain -- Chair Gort: It's a public hearing. Commissioner Suarez: -- but we're going to inform the community that it was -- it's been withdrawn so they don't have to come, and we thank the applicant for listening to the concerns as well. Chair Gort: All right. Thank you. Mr. Pastoriza: Happy Thanksgiving. City of Miami Page 5 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Chair Gort: Do I have a motion? Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: Been moved and second Any discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Pastoriza: Happy holidays to all. Chair Gort: Thank you. Same to you. Mr. Garcia: Mr. Chair, there are some additional items that I have on the list which may also merit consideration for a deferral. Chair Gort: I think we have someone else also. Alexander Tachmes: Mr. Chairman, Alex Tachmes, with Shuns & Bowen. Good afternoon. I'm here on items PZ.2, 3, and 4. Item PZ 2 is an item in District 2, and we're requesting a deferral until the December meeting; and Tucker Gibbs, opposing counsel, has no objection. Tucker's right here. So, respectfully, request that continue to the December meeting. Chair Gort: PZ 2. Mr. Tachmes: PZ 2. Chair Gort: Okay. Tucker Gibbs: I don't think you need to hear from me. I agree. Chair Gort: Any -- do I have a motion? Commissioner Suarez: So moved. Commissioner Carollo: So moved. Second. Commissioner Suarez: Second. Chair Gort: Been moved by Commissioner Carollo. Second? Commissioner Suarez: Yeah. Commissioner Carollo: And that's on PZ 2. Commissioner Suarez: Correct. Mr. Tachmes: Right. And then -- Chair Gort: Okay. Mr. Tachmes: Mr. Chairman, on PZ items 3 and 4, Commissioner, you wanted to -- City of Miami Page 6 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Commissioner Carollo: Yeah. I think we -- let's take the vote first and then we'll talk about PZ 3 and 4. Mr. Tachmes: Sony. Chair Gort: Okay, PZ.2. Is anyone would like to address this one issue? Seeing none, hearing none, close the public hearings. All in favor, state it by saying aye." The Commission (Collectively): Aye. Commissioner Carollo: With -- Mr. Tachmes: Mr. Chairman, on PZ 3 and 4, we're requesting a continuance to January, and I believe the Commissioner needs to -- wants to make a disclosure. Commissioner Carollo: Exactly. Mr. Chairman, if I may? Chair Gort: Yes, sir. Commissioner Carollo: I'd like to make a Jennings disclosure. Per the applicable provisions of Miami 21 and Florida law, I, as City Commissioner, am disclosing that 1 met on October 16, 2015, with Beba Mann, representing -- representative of the neighbors, other interested parties involved in this quasi-judicial hearing, and the subject of our meeting was the following: The homeowners in affected areas and their concerns with the zoning changes. In addition, my office received written communications from Ms. Mann, and Luis Herrera on Ms. Mann's behalf. These communications were received on 11/11/15. Additionally, I had a conversation with Mr. Tachmes today informing him that I had a Jennings disclosure with Ms. Mann, and that was the essence of our conversation. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Okay. Commissioner Suarez: I just want to add; I also have a Jennings disclosure. I met with Mr. Tachmes in my office with the architects and the purveyors of the project. I believe it was Wednesday or -- was it Wednesday or Tuesday? Mr. Tachmes: I believe it was Monday, actually. Commissioner Suarez: I'm sorry; Monday. In fact, let me look at my calendar real quick, and I could tell you exactly. It was Monday at 4 p.m. -- at least it was calendared for 4; maybe a little later than that; maybe 4: 30 -- for the same reason that Commissioner Carollo did, as well. And I think I had one telephone conversation, as well, with Ms. Mann on the issue. Mr. Tachmes: So we're seeking a continuance to January. Commissioner Carollo: And with that, I have no problems with the continuance to January. Chair Gort: Is there a motion? Commissioner Carollo: So moved. Commissioner Suarez: Second. City of Miami Page 7 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Chair Gort: It's been moved by Commissioner Carollo; second by Commissioner Suarez. Public hearing is open. Yes, sir. Luis Herrera: Okay. They already have one continue. Chair Gort: Okay. Mr. Herrera: So we needed to do it today. Chair Gort: Okay, thank you, sir. Any further discussion? Being none -- Commissioner Carollo: Mr. Chairman -- Chair Gort: Yes. Commissioner Carollo: -- I'm being told that I need to state the date, which will be January 28. Chair Gort: Okay, thank you. Commissioner Suarez: Seconder's okay with that. Chair Gort: Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Tachmes: Thank you. Ms. Mendez: Mr. Tachmes, if I may see you one moment? Thank you. Chair Gort: PZ 2. Yes, sir. Mr. Garcia: There are some additional items, sir, that I have for your consideration for continuance, and I'll begin -- and I know the representatives for the applicant are here -- with items PZ.7 and PZ.8, which I believe we can continue to the December 10 agenda. Ines Marrero: Yes. Good afternoon, Mr. Chairman, members of the board. Ines Marrero, with offices at 701 Brickell Avenue, on behalf of the applicant, Marine Max. And yes, we are in agreement to defer the item and have an opportunity to have a meeting with the stakeholders. This application has been pending since January of 2003. A lot of time has gone by. I had been retained as counsel. And even though we have the recommendation of approval from staff there's still some pending issues. We would like to have an opportunity to reach out to the stakeholders, have a meeting, and then come back to this Commission with the support of everybody, including the stakeholders. So December 10 would be in -- an agreed date -- Vice Chair Hardemon: So moved. Ms. Marrero: -- for both items. Thank you. Chair Gort: It's been moved by -- Commissioner Carollo: Second. Commissioner Suarez: Second. City of Miami Page 8 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Chair Gort: -- Vice Chairman Hardemon; second by Commissioner Carollo on this deferral. Anyone would like to address this? Seeing none, hearing none, we close the public hearing. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Garcia: And one last one, sir. I believe Mr. Cruz wants to speak on this item. Elvis Cruz: Good evening, gentlemen. Elvis Cruz, 631 Northeast 57th Street. I am the appellant on PZ.14. It's an appeal of a tree removal that the City wants to do. I'm trying to save some trees. However, I would like a district Commissioner to be present to have that heard, so I would request that take place at the -- is it January 28? Chair Gort: PZ.14. Right. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Being a public hearing, is anyone in the public would like to address this one issue? Yes, ma'am. Alyce Robertson: I would like to speak against the deferral. Chair Gort: Okay. Ms. Robertson: This -- the longer these trees stay in the ground, the more they establish themselves, and we need to get good trees in the ground. Mr. Cruz has had 10 years of these trees -- back and forth on this, and I'd like to speak to the issue today. Chair Gort: Okay, thank you. Any further discussion? Seeing none, hearing none, close the public hearings. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Do we have any item we want to -- Mr. Garcia: No. That would do it, sir. And if you'd like to resume the regular agenda, what I'd like to do is read which items are left on the P&Z agenda for everyone who's here for those, if I may quickly? Chair Gort: Yes. Mr. Garcia: They are items PZ9 and PZ 10, PZ 11 and PZ 12, PZ 13, and PZs.19, PZ 20, and PZ 21. Those are the items we have left for the P&Z agenda. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Thank you, sir. Yes. Commissioner Suarez: One last one; I'm sorry. PZ -- I think it's 20, if I'm not mistaken. I'd like to ask that that one be deferred, as well, to the second meeting in January, please. City of Miami Page 9 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Commissioner Carollo: Move it. Chair Gort: PZ 20, second reading. It's been moved by Commissioner Suarez and -- Commissioner Suarez: Was it 19? Chair Gort: -- second by Commissioner Carollo. Commissioner Suarez: Did I have the right one? Commissioner Carollo: Or the second meeting in January. Commissioner Suarez: Yeah, second meeting in January. Did I have the right one? Is it (UNINTELLIGIBLE) ? Chair Gort: Is it 19 or 20? Mr. Garcia: 28. Unidentified Speaker: (UNINTELLIGIBLE)? Commissioner Suarez: Yeah. Oh, I'm sorry, 19; my apologies. I had the wrong one; 19, not 20. 19. Commissioner Carollo: So I will adjust my -- Commissioner Suarez: Yeah. Commissioner Carollo: -- motion to defer -- Commissioner Suarez: 19. Commissioner Carollo: -- PZ.19 until the second meeting in January. Commissioner Suarez: Yeah. Chair Gort: Okay. Is anyone in the public would like to address this one issue, deferral? Seeing none, hearing none, close the public hearings. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Later... Chair Gort: PZ 14. Mr. Garcia: I believe item PZ.14 has been continued, sir. Chair Gort: Okay. Which is next, 19? Mr. Garcia: PZ.19, I believe is -- no, I'm sorry. PZ.19 is also being continued. Chair Gort: (UNINTELLIGIBLE). PZ20. City of Miami Page 10 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Mr. Garcia: PZ.20, I believe, is the next item, sir, yes. Item PZ.20 is before you on second reading, and this is an amendment to Miami 21 -- I'm sorry. I believe Mrs. Mann's standing up is perhaps to remind us that there is a 5 o'clock time certain, Mr. Chair, for your consideration. Chair Gort: Yes, ma'am, you're recognized. Beba Mann: Mr. Chair, congratulations, by the way. I just want to know, for the record, I just heard that our item was continued? Chair Gort: Yes, ma'am. Ms. Mann: That is totally disrespectful to have an item discontinued that is time certain for 5 o'clock where the residents are here; the attorney asked for the time certain after he had already had a deferral. I don't know the district Commissioner can chime in on why this was allowed. They have been -- three times we have been before the PZAB (Planning Zoning & Appeals Board); same little game: deferral, continuance, hearing. Now we're before the Commission: deferral, continue; we had the hearing, and now a continuance. Why are they being allowed to have the continuance? Why are the neighbors, why are the residents, who do not have a representation, who are taking time from work, being dissed this way and ignored? Because this is a blatant disrespect for everybody that's here, and I think that everybody should be heard. Chair Gort: You're welcome to -- Yes, sir. Mr. Garcia: May I say briefly that, in part, the reason -- this is just to inform the process -- part of the reason is that in our conversations with the applicant, there are additional specifications and modifications being made to the plans proposed for consideration of the Commission, and that information was not available today, just by way of illustrating the reason for the consideration of the continuation. Ms. Mann: Okay. For the record, let me just say something. At every hearing, this application has changed It has morphed it has shrunk, it has grown. So they go based on how it's going for them. This is not -- they don't have anything solid This is just trying to see how much they can get out of this, and they're trying to tire us, and we're not going to be tired. This is not the first time I go through this, and it's not going to be the last time. We will fight till the end, and we will fight for our neighborhood. Thank you. And by the way, when was it deferred to? Mr. Hannon: And which item is this again? Commissioner Carollo: PZ3 and 4. Ms. Mann: 3 and 4. Mr. Hannon: PZ3 and 4? One moment. Commissioner Carollo: Second meeting in January. Ms. Mann: So they're only allowed one deferral; and of course, a continuance is given to them? Commissioner Carollo: Mr. Chairman, ifI could? Chair Gort: Yes, sir. Commissioner Carollo: Thank you. Ms. Mann, I also made the disclosure that you and I had met as a Jennings disclosure, because it was proper to do. I also made a Jennings disclosure City of Miami Page 11 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 that today, as I was walking out, I also met with Mr. Tachmes on the hall and let him know -- the essence of our conversation was letting him know that we had a Jennings disclosure meeting or -- a Jennings meeting. Ms. Mann: Right, which you told me that you were going to do. Commissioner Carollo: Right, which, by law, is my understanding, I have to. So I let him know that we had that conversation. And I -- Ms. Mann: Did you tell him how small of a conversation it was? It was basically to show you that the people that had signed the petition were renters? Commissioner Carollo: What I said, that we spoke about the issue. I didn't get into details, and that you did provide additional information, which that I also disclosed here. I know they would want that same opportunity to be able to actually meet with me. As you know, on first reading, they actually requested to meet with me, and so I won't have to do Jennings disclosure, I won't have to deal with Jennings. I met with no one. I was the only Commissioner that did not meet with them. And now they found out that I met with you and they would like that same opportunity to be able to meet with me, because on numerous occasions, they reached out to our office, and we, in essence, told them, due to the Jennings, we are not going to be meeting. So now they realize that I did have a meeting with you, so they would like that same opportunity. Ms. Mann: Commissioner -- Commissioner Carollo: And I think it's fair. Ms. Mann: -- I agree with you. Commissioner Carollo: Now, I will tell you this: I think we should have asked for that deferral at 5 o'clock as a time certain, so that's -- I apologize for that. I overlooked that. It shouldn't have been earlier. It should have been now at 5 o'clock But I do think that it is fair that, ifI was able to meet with you -- which I don't mind meeting with you again, and I'll make a disclosure, but t do think that I should give them the opportunity to meet with me. Ms. Mann: Commissioner, I also think it would have been fair if you would have let them know of this prior to the hearing and you would have had the opportunity to meet with him, and therefore, you would have met with both of us. Commissioner Carollo: The truth of the matter is, Ms. Mann, we have 80 items before us. I mean, if we're going to tract this one by one and so forth, it makes it a little difficult. So I was going to make the disclosure as, by law, I'm required to do. He saw me in the hall, and I did speak to him, and I let him know that. And in all fairness, I intended to call him earlier in the week; we didn't have the opportunity. Ms. Mann: Okay. Commissioner Carollo: So, you know, if we erred you know, I apologize, but there was no ill -will intention, but I do want fairness. And as you very well know, I was the only one who didn't make a Jennings disclosure, because I'm the only one of this whole Commission that didn't meet with them; and now, when they find out that, yes, we actually met, and they didn't have that same opportunity -- you know, I want to be fair to both parties. Ms. Mann: Okay. Commissioner Carollo: And in all fairness -- City of Miami Page 12 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Ms. Mann: Did they disclose to you that they reached out to me on Thursday and played phone tag, and we met on Tuesday? Commissioner Carollo: No, they did not disclose to me. Ms. Mann: I'm disclosing that. Commissioner Carollo: And at the same time, you know, this is the information that you provided to my office. I've gone through some of it, but not all of it. I mean, that also takes some time, so. Ms. Mann: It's all -- it has a backup. What I gave you was the signatures and the Miami -Dade County tax roll which shows that they're renters. Chair Gort: Ms. Mann, from past experience, and you sat here in this Board. You understand, we always extend a courtesy to the applicant of two, and that's it; the third is it. Ms. Mann: Okay. Chair Gort: All right? Vice Chair Hardemon: Mr. Chairman. Ms. Mann: So we'll be here for the seventh time. Thank you. Vice Chair Hardemon: Mr. Chairman. Mr. Herrera: What day it going to be? Vice Chair Hardemon: I'm sure the Assistant City Clerk saw my objection to one of the statements, so I just wanted to be clear on the record that I had not met with the applicant also. That's all. Mr. Herrera: What day going to be the next meeting? Chair Gort: Excuse me. Wait a minute. I'll let you know in a minute. Commissioner Carollo: And Mr. Chairman, maybe it was all the Commissioners present -- Chair Gort: January the -- Commissioner Carollo: -- at that meeting. Chair Gort: -- the second meeting in January. Mr. Herrera: Second meeting in January. Mr. Hannon: And for the record, that's January 28, 2016. Mr. Herrera: January 28? Chair Gort: Okay? Mr. Herrera: Thank you. City of Miami Page 13 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Chair Gort: Thank you. Later... Commissioner Suarez: Mr. Chair, ifI may? One -- Chair Gort: Yes, sir, go ahead. Commissioner Suarez: I just -- there's one gentleman here who was coming for the 6 p.m. Coinico hearing, and I just wanted him to know -- I spoke to him in private -- that that was withdrawn, meaning that they're not going forward with the request. But I would like -- our office wrote an email that we sent out to the public. If -- with your permission and with the Administration's permission, we'd like to post it on the front door; in case anyone comes at 6, they can read it and they know, you know, that that happened, so that they don't, you know -- they know, first of all, that they won, because that's what they were -- they were hoping that it would be denied but secondly, you know, so they can be informed and not be worried that nothing happened. Chair Gort: The only information should be "you won. " Commissioner Suarez: Yeah, exactly. Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: Right. Well, that's what I was -- sometimes it's technical, so it's hard to explain to the community, but they won, and that's part of the -- that's what's in the email, by the way. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: There was no objection to the motion, right? No objection from anyone? Chair Gort: No. Vice Chair Hardemon: Okay. Motion passes. Chair Gort: There's a motion. Is there a second? Commissioner Suarez: Oh, I forgot. We -- yeah. Vice Chair Hardemon: Yeah, no objection. Commissioner Suarez: Sony -- Mr. Hannon: Sorry. Commissioner Suarez: -- for jumping the gun. PART B: PLANNING AND ZONING ITEMS PZ.1 ORDINANCE First Reading 15-00975zc City of Miami Page 14 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 PZ.2 15-00795ha 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 T6-12-L "URBAN CORE TRANSECT ZONE - LIMITED" TO T6-12-0 "URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3701 AND 3737 BISCAYNE BOULEVARD AND 306 AND 316 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "PC, ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00975zc FR Fact Sheet 15-00975zcAnalysis, Maps & PZAB Reso.pdf 15-00975zc Application & Supporting Docs.pdf 15-00975zc Legislation (v2).pdf 15-00975zc Exhibit.pdf LOCATION: Approximately 3701 and 3737 Biscayne Boulevard and 306 and 316 NE 38th Street [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Melissa Tapanes Llahues, Esquire, on behalf of MacArthur Properties III, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 7-2. PURPOSE: This will allow a zoning classification change for the above properties from T6-12-L to T6-12-0. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ 1 was deferred to the Januaty 28, 2016, Planning and Zoning Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING OR REVERSING THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN APPEAL, BY LORETO DOUCET, OF TREE REMOVAL PERMIT APPLICATION BD15-006663-001 AT 3985 LOQUAT AVENUE, MIAMI, FLORIDA. City of Miami Page 15 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 15-00795ha Fact Sheet.pdf 15-00795ha Analysis & HEPB Reso.pdf 15-00795ha Appeal to City Commission.pdf 15-00795ha Appeal to HEPB.pdf 15-00795ha Application.pdf 15-00795ha Legislation (v2).pdf 15-00795ha Legislation (v3).pdf 15-00795ha-Submittal-Santiago Echemendia-Proposed Settlement Terms.pdf LOCATION: Approximately 3985 LoquatAvenue [Commissioner Ken Russell - District 2] APPLICANT(S): Habitus, LLC. APPELLANT(S) TO HEPB: Loreto Doucet APPELLANT(S) TO CITY COMMISSION: Santiago D. Echemendia, on behalf of Habitus, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial of appeal. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied the appeal on July 7, 2015, by a vote of 6-0. PURPOSE: The appeal seeks to reverse the decision of the Historic and Environmental Preservation Board's decision. Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ 2 was continued to the December 10, 2015, Planning and Zoning Commission Meeting. PZ.3 ORDINANCE Second Reading 15-000571u 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 FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA LEGALLY DESCRIBED IN EXHIBIT "A", HEREBY ATTACHED, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 16 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 15-000571u SR Fact Sheet.pdf 15-00057Iu Analysis, Maps & PZAB Reso.pdf 15-000571u Application & Supporting Docs.pdf 15-000571u Legislation (v2).pdf 15-000571u Exhibit.pdf LOCATION: Approximately 2240 SW 13th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID: 15-00057zc. PLANNING, ZONING AND APPEALS BOARD: Motion to approve with conditions failed, by a vote of 4-5, on May 20, 2015; therefore, constituting a recommendation of denial. PURPOSE: This will change the land use designation for the above property from "Duplex Residential" to "Low Density Restricted Commercial'. Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ 3 was deferred to the Januaty 28, 2016, Planning and Zoning Commission Meeting. PZ.4 ORDINANCE Second Reading 15-00057zc 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-O "SUB -URBAN TRANSECT ZONE OPEN" TO T4-L "GENERAL URBAN CENTER TRANSECT ZONE LIMITED", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT A", HEREBY ATTACHED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00057zc SR Fact Sheet.pdf 15-00057zcAnalysis, Maps & PZAB.pdf 15-00057zc Application & Supporting Docs.pdf 15-00057zc Proffered Restrictive Covenant.pdf 15-00057zc Legislation (v2).pdf 15-00057zc Exhibit.pdf City of Miami Page 17 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 LOCATION: Approximately 2240 SW 13th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. Item includes a covenant. See companion File ID 15-000571u. PLANNING, ZONING AND APPEALS BOARD: Two individual motions to recommend approval failed on May 20, 2015, by two separate votes of 4-5; therefore, constituting a recommendation of denial. PURPOSE: This will allow a change in the zoning classification for the above property from T3-O to T4-L. Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ 4 was deferred to the Januaty 28, 2016, Planning and Zoning Commission Meeting. PZ.5 ORDINANCE First Reading 15-00061 lu 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 FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3101, 3111, 3125, 3131, AND 3145 WEST FLAGLER STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-000611u FR Fact Sheet.pdf 15-000611u Analysis, Maps & PZAB Reso.pdf 15-000611u Application & Supporting Docs.pdf 15-000611u Legislation (v2).pdf 15-000611u Exhibit.pdf LOCATION: Approximately 3101, 3111, 3125, 3131, AND 3145 W Flagler Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Coinco Investment Company, Inc. City of Miami Page 18 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID: 15-00061zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on July 15, 2015, by a vote of 7-0. PURPOSE: This will change the land use designation for the above properties from "Medium Density Restricted Commercial" to "Restricted Commercial'. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff PZ.6 ORDINANCE First Reading 15-00061zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE PROPOSED AMENDMENT OF THE ZONING CLASSIFICATION FROM T5-L "URBAN CENTER TRANSECT ZONE LIMITED" TO T6-8-L "URBAN CORE TRANSECT ZONE LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3101, 3111, 3125, 3131, AND 3145 WEST FLAGLER STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00061zc FR Fact Sheet.pdf 15-00061zcAnalysis, Maps & PZAB Reso.pdf 15-00061zcApplication & Supporting Docs.pdf 15-00061zc Proffered Restrictive Covenant.pdf 15-00061zc Legislation (v2).pdf 15-00061zc Exhibit.pdf LOCATION: Approximately 3101, 3111, 3125, 3131, 3145 W Flagler Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Coinco Investment Company, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. Item includes a covenant. See companion File ID 15-000611u. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on July 15, 2015, by a vote of 7-0. PURPOSE: This will allow a zoning designation change for the above properties from T5-L to T6-8-L. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff City of Miami Page 19 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 PZ.7 ORDINANCE First Reading 11-007001u 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 SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-007001u FR Fact Sheet.pdf 11-007001u Analysis, Maps & PZAB Reso.pdf 11-007001u Application & Supporting Docs.pdf 11-007001u Legislation (v2).pdf 11-007001u Exhibit.pdf 11-007001u-Submittal-Ines Marrero-Priegues-Letter to Marine Max.pdf 11-007001u-Submittal-Ines Marrero-Priegues-Marine Max Presentation.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ines Marrero-Priegues, Authorized Representative, on behalf of Marine Max East, Inc., 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 8-1. See companion File ID 11-00700zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial'. Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ.7 was continued to the December 10, 2015, Planning and Zoning Commission Meeting. PZ.8 ORDINANCE First Reading 11-00700zc 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 "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER City of Miami Page 20 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00700zc FR Fact Sheet.pdf 11-00700zcAnalysis, Maps & PZAB Reso.pdf 11-00700zc Application & Supporting Docs.pdf 11-00700zc Legislation (v2).pdf 11-00700zc Exhibit.pdf 11-00700zc-Submittal-Ines Marrero-Priegues-Letter to Marine Max.pdf 11-00700zc-Submittal-Ines Marrero-Priegues-Marine Max Presentation.pdf LOCATION: Approximately 840 NE 78th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Marine Max East, Inc., 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 8-1. See companion File ID 11-007001u. PURPOSE: This will change the above property from "T5-R" Urban Center Zone - Restricted to "T5-O" Urban Center Zone - Open. Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ 8 was continued to the December 10, 2015, Planning and Zoning Commission Meeting. PZ.9 ORDINANCE First Reading 15-009731u 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 FUTURE LAND USE DESIGNATION OF APPROXIMATELY 0.68 ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 30, 48, 54, AND 62 NORTHWEST 34TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 21 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 15-009731u FR Fact Sheet.pdf 15-00973Iu Analysis, Maps & PZAB Reso.pdf 15-009731u Application & Supporting Docs.pdf 15-009731u Legislation (v2).pdf 15-009731u Exhibit A.pdf LOCATION: Approximately 30, 48, 54, 62 NW 34th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Miami Management Group, Inc.; Marks Subdivision Apt., LLC; Pedro J. Enriquez; Miami Green Houses, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial; however, staff would recommend approval for the property located at 30 NW 34th Street. See companion File ID 15-00973zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial as a result of two failed votes to approve on September 16, 2015. PURPOSE: This will change the land use designation for the above properties from "Duplex Residential" to "Low Density Restricted Commercial". Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ9 was deferred to the March 24, 2016, Planning and Zoning Commission Meeting. Chair Gort: PZ.9. Francisco Garcia (Director, Planning & Zoning): Yes, sir. PZs 9 and 10 are companion items. These are before you on first reading, and they involve the land use and zoning change for parcels at 30, 48, 54, 62 Northwest 34 Streets This is a proposed change for the subject parcels from T3-O, or duplex residential, to T4-O, low density restricted commercial. The Planning & Zoning Department has recommended denial of the application as presented. However, we believe that the approval of the easternmost parcels merits consideration as proposed. The Planning Zoning & Appeals Board recommended denial, and it stands before you today on first reading. I would like to say additionally, and then I'll yield to the applicant, that we as staff believe that the overall rezoning of the area in general merits some consideration. However, at present, what is before is the private application for only some parcels of land, and that is what has substantiated our recommendation for denial. I'm happy to answer any questions, and I'll yield to the applicant. Ines Marrero-Priegues: Yes, again. Chair Gort: Thank you. Yes, ma'am. Ms. Marrero-Priegues: Mr. Chairman, good afternoon. For the record, Ines Marrero, 701 Brickell Avenue, on behalf of the co -applicants who are all individual property owners. And for the benefit of Commissioner Suarez, who's an attorney, it was a fun waiver, conflict waiver letter to draft for all of these related -- unrelated property owners. The -- I will cut to the chase. I think what we would like to do is to -- on behalf of these applicants, is to request a deferral of City of Miami Page 22 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 this application until March of 2016. What has come to our attention in the course of getting ready for our hearing today, we canvassed the neighborhood, and every door that we knocked, the response that we received -- and we had 20 petitions to submit today -- was that they want the area reevaluated and they want a -- the property -- some of these properties rezoned, and the director has confirmed that there is an interest on the City's part to undertake that effort. And so, in light of that, I don't want to have -- to waive the client's rights to submit their properties for rezoning, but they're willing to wait for the City to look at this area and do a comprehensive review of it, and so we would request that the applications before you be deferred until March of 2016 and hopefully, in that time, we'll have an opportunity for the staff to look at this area and see -- this is the -- it's called Wynwood Gardens. It's the area that is west of Midtown, south of the Design District, and north of Midtown, per se, and see how we can take a comprehensive look at this area. Chair Gort: Okay. Vice Chair Hardemon: So moved, PZ9. Commissioner Carollo: Second. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Hardemon; second by Commissioner Carollo. Anyone in the public would like to address this issue? Seeing none, hearing none, close the public hearings. All in favor, state it by saying aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And Chair, just for the record, the motion was made -- since PZ9 and 10 are companion items, PZ9 and 10 will both be deferred. Now, would you like that to the first meeting in March or to the second, March 10 or March 24? Chair Gort: The Planning & Zoning, second one. Vice Chair Hardemon: The second one. Mr. Hannon: That'll be March 24, yes, sir. Ms. Marrero-Priegues: Thank you very much. Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman? Chair Gort: Yes, sir. Commissioner Carollo: Is it possible to listen to FR 6; that was a 3 p.m. time certain? Chair Gort: Okay. We're going to go back to the regular agenda. Mr. Hannon: If you can just give me 60 seconds; we just need to flip the tape. Commissioner Carollo: No problem. PZ.10 ORDINANCE 15-00973zc First Reading City of Miami Page 23 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 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-O "SUB -URBAN TRANSECT ZONE - OPEN" TO T4-O "GENERAL URBAN TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 30, 48, 54, AND 62 NORTHWEST 34TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00973zc FR Fact Sheet.pdf 15-00973zcAnalysis, Maps & PZAB Reso.pdf 15-00973zc Application & Supporting Docs.pdf 15-00973zc Legislation (v2).pdf 15-00973zc Exhi bit A. pdf LOCATION: Approximately 30, 48, 54, and 62 NW 34 Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Miami Management Group, Inc.; Marks Subdivision Apt., LLC; Pedro J. Enriquez; Miami Green Houses, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of Lots 9, 10 and 11 (30 NW 34th Avenue) and denial of Lots 12, 13 and 14 (48, 24 and 62 NW 34th Street). See companion File ID 15-009731u. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on September 16, 2015, by a vote of 7-1. PURPOSE: This will allow a zoning classification change for the above properties from T3-O to T4-O. Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ 10 was deferred to the March 24, 2016, Planning and Zoning Commission Meeting. Note for the Record: Please refer to Item PZ 9 for minutes referencing Item PZ 10. PZ.11 ORDINANCE First Reading 15-009651u 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 FUTURE LAND USE DESIGNATION OF THE APPROXIMATELY 2.2711 ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 460, 500, 520, 530, 538 AND 540 NORTHEAST 82ND TERRACE AND 421, 433, 437, 439 AND 505 City of Miami Page 24 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 NORTHEAST 82ND STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-009651u FR Fact Sheet.pdf 15-00965Iu Analysis, Maps & PZAB Reso.pdf 15-009651u Application & Supporting Docs.pdf 15-009651u Legislation (v2).pdf 15-009651u Exhibit.pdf 15-009651u-Submittal-Ben Fernandez -Letters of Support.pdf LOCATION: Approximately 460, 500, 520, 530, 538, and 540 NE 82 Terrace and 421, 433, 437, 439, and 505 NE 82 Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 82nd Apartments, LP, 505 NE 82nd Street, LLC; 520 NE 82nd Terrace, LLC; 439 NE 82nd Street, LLC; and 421 82nd St, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 15-00965zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on September 16, 2015, by a vote of 5-3. PURPOSE: This will change the land use designation for the above properties from "Medium Density Multifamily Residential" to "Restricted Commercial". Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Todd B. Hannon (City Clerk): Chair. Chair Gort: We're on. Okay, PZ 11. Francisco Garcia (Director, Planning & Zoning): Yes, sir. Thank you. By way of a brief introduction, and then I will yield to the applicant. Items PZ 11 and PZ 12 are companion items, and they involve the land use change and rezoning for properties at 460, 500, 520, 530, 538, and 540 Northeast 82nd Terrace, and 421, 433, 437, 439, and 505 Northeast 82nd Street. These items are before you on first reading, and the proposed changes are on the land use side from multifamily density -- rather, medium density multifamily residential to restricted commercial, and on the zoning side, from T5-R to T6-8-O. The Department's recommendation is for a denial, and I'll explain that in further detail in a moment, and the Planning Zoning & Appeals Board recommendation was for denial, as well. Our recommendation for denial stems not so much from the fact that we don't think the area merits a reconsideration for its present zoning, in light of the fact that it is immediately to the north of and immediately to the south of higher density zoning, and it really spans only two blocks of land, essentially, but it stems from the fact that the proposal is a private application, which encompasses an irregularly -shaped area, and we have found -- our experience has been that those irregular zoning lines are very hard to defend and very hard to manage. That said, the applicants don't have the ability to apply for a rezoning for any land that is not theirs, so we have mentioned that we are willing to explore the rezoning of City of Miami Page 25 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 the area as a whole. I did mention, I hope, for the record, and if not, I meant to mention, but I'll say it now, that El Portal, immediately to the north -- the municipality immediately to the north of 83rd Street, which is the city limit, has also recently rezoned what used to be a trailer park to essentially the same zoning designation as our T6-8-O. For that reason, and also in light of the fact that in the very near future -- or in the near future, I suppose, we expect this to become a transportation -oriented development site by virtue of the coming of Tri-Rail to Miami. We think, again, that the zoning for the whole area merits reconsideration. That said, I will yield to the applicant who's before you today with their application. The design that they will show you is not a part of the application itself the application is simply for a land use change and for zoning, although, I think they will show you some fairly sophisticated means in which they can address the messing of the building and the scale of the building to be sympathetic to the areas around it. That said, I'll yield and I'm happy to answer any questions. Chair Gort: Thank you. Yes, sir, you're recognized. Ben Fernandez: Good afternoon, Mr. Chair. Yes, I am. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicant, 82nd Apartments, LP (Limited Partnership), and I'm joined by Ms. Shirley Stock; Mr. Harvey Cohen, our project architect; Mr. Dean Lewis; and my colleague, Gianelli Mestre. I'd like to say that this is an area that is fundamentally changing, and change is really one of the criteria that you are to consider when you view whether or not a rezoning is appropriate. And the reason that this area is changing is because this is what is essentially the multifamily and commercial side of Shorecrest. This red line identifies the entire Shorecrest area. The property is here on the west side of Biscayne Boulevard. Historically, there are only two streets that take you over the canal into the western neighborhoods in Miami and back into the eastern neighborhoods. Those are 79th Street and 82nd Street. Eighty Second Street, where the property is located, fundamentally changed when the traffic on that street was rerouted in a one-way direction, and 79th Street was also rerouted, so that 82nd Street went from being a not very busy street to being a very busy street, and the major transportation corridor that takes you from the beach all the way to 95. That, by itself combined with the fact that this property is immediately abutting a T6-8 area, which is the largest commercial shopping center in the Upper Eastside, which is the plaza over here south of 82nd Street, which you see here is an 18-acre Biscayne Plaza Shopping Center, and this is the property here. You can see -- these are the two streets that you see on this map, 82nd Street and 79th Street, and they're the only streets that really take you back and forth east and west through Shorecrest. So that is the fundamental reason why you should consider this rezoning to be appropriate, because it mirrors the same zoning that you have on the south side of 82nd Street. In addition to that, as the Planning director indicated, this is an area that has been identified by the South Florida Regional Transit Authority as a stop for Tri-Rail. The 79th Street station, in fact, recently was awarded initial funding -- you have the article in the items that I distributed -- for improvements that include the Tri-Rail stop at 79th Street. In addition to that, we have overwhelming support for this rezoning from the Shorecrest Homeowners Association. We have a letter of support in your materials. We also have a letter of support from Mr. Doron Valero, who is the owner of the Biscayne Plaza Shopping Center immediately to the south, as well as the support of the Cake Thai Kitchen, a commercial property on 79th Street; Don Bailey Flooring, which is on 79th Street, just north of this. We did not have any objectors appear at the lower board meeting, Planning Zoning & Appeals Board meeting. We're not aware of any objectors to date to the project. As the Planning director indicated also, the Village of El Portal recently annexed from Miami -Dade County the property that you see up here, this vacant piece. This is the Little Farm Trailer Park, a little further off the map. So you now have a cohesive, fairly large property under one jurisdiction, El Portal, that is presently changing its land development regulations to increase density and introduce mixed use development into this area. So what you have here, however, is housing that is over 50 years old for the most part. It's all really two-story housing, such as you see here in this photograph, and there's nothing wrong with it. There's nothing fundamentally wrong with it. However, it isn't what Miami 21 would encourage today. You have cars that back up into the street. You have buildings that don't address the street the way Miami 21 would want to them to, City of Miami Page 26 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 and they're buildings that really don't belong in an area that is so heavily trafficked, such as 82nd Street. The project that we're proposing is going to introduce mixed use development to this area. Presently, the T5-R regulations prohibit any commercial use, whatsoever. You can't have live/work. You can't have any commercial component to this project. The project that we're proposing would introduce a commercial component that we could introduce on 82nd Street; and it would allow us to transition, with the covenant that we're proffering, into the residential areas. The covenant that we're proffering would tie us to the design intent of the proposed plan that Mr. Lewis is going to tell you about in just a moment. It would also limit the maximum density of this project to 232 units, which is a very modest increase compared to what you could do, which would be 340 units, based on the full rezoning. So it is almost a hundred units less than what you could do; actually, more than that. And also, our covenant is proffering that we will not have any retail uses along 82nd Terrace, which would be the portion of the property facing the medium density residential area to the north. So we would be mirroring the activity taking place to the south but providing a transition via the covenant to the areas to the north that are medium density residential. So for all of those reasons, we think that it's very appropriate. And, Dean, I'd like you to talk a little bit about the concept, please. Dean Lewis: Thank you very much. Appreciate the opportunity to present a scaled down version of the T6-8 zoning we're requesting tied to the covenant, the massing of the building with, if you will, (UNINTELLIGIBLE) sculpts and creates a amenity podium. The amenity podium of the project is, in fact, only four stories above street level where the T6-8 superior zoning and its neighbors directly across the street are entitled to go to eight stories. In addition, in this rendering, you can see this is the existing zoning to the south. This view is taken from the northwest, looking across in this direction from the T5 area towards the existing T6-8, 12-stoty development zone. And you can see that our project works its way in and sculpts around the existing corner piece that we couldn't build into the development, but respected its own geometry and sense of place, if you so desires to remain T5, as well as the other piece here to the east, Biscayne Boulevard in this direction. And you could see this would create a better, more organized commercial street and corridor, as important as it is, with more mixed uses. In addition, I wanted to remind the Board that our project -- though, this is a view of the amenity deck at level four -- we have cross -block passage, a pedestrian cross -block passage that would be integrated into the neighborhood where it doesn't exist at all today, so all -- the pedestrian traffic, literally, if I'm a resident here, would have to migrate all the way around to this corner and work its way back, whereas, tomorrow, this development would integrate that cross -block passage; same in the sectional comparative where this is 82nd Street. You can see that my allowable being eight stories, only a 10 foot setback from the street. Today it exists in red. We are proposing only four stories, and our setbacks are significantly greater and vaty as you work along the massing, bringing more daylight, view angles, and the such to a more urbanized solution. And I'll leave you with this view as well, and remain available for any questions. Thank you for your support. Chair Gort: What -- let me ask you a question. What's the vacancy that exists between the two buildings where you're going to --? Yes, what's in there? Mr. Lewis: There is an existing two-story residential building there. Chair Gort: And it's going to be there? Mr. Lewis: It's going to be there, yeah. Mr. Fernandez: Unless they choose to develop, we've reached out to them, and we're trying to work with them, but to date, we haven't been successful at that. I would like to mention again though one thing that Dean mentioned, which is very significant, which is that these blocks are extremely long. This is a 900-foot long block, which is something that the Code today discourages, because obviously, if you live here, you want to be able to walk to a nearby City of Miami Page 27 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 commercial area without having to walk 600 feet, and Miami 21 requires this cross -block passage every 340 feet. We're going to be creating that cross -block passage through the middle of the development, which is going to be a vety nice way to connect into the Biscayne Plaza area. Also, we have a petition that we've provided to you, signed by 91 owners of properties -- commercial properties in the area, in addition to the Shorecrest Homeowners' support. So with that said, we believe we meet the test. Basically, there are changed circumstances here that fundamentally require that you revisit the zoning for the area, and we're prepared to bring a high -quality project to you through the correct process, through Urban Development & Review Board, et cetera, and we're here to answer any questions that you have. Thank you. Chair Gort: Thank you. It's a public hearing. Will you put that down and --? Anyone in the public would like to address this issue, PZ.11 and 12? Allyson Warren: Hi. Allyson Warren, 650 Northeast 82 Terrace. Since I only saw this on the agenda, I came down to see what it was all about, since I live almost directly across the street, one house in on the east side of 82nd Terrace. I have to tell you that the Shorecrest Homeowners Association these days consists of about 12 people, not the 400 or 500 that it used to be, so I'm not so sure that they represent the greater portion of the neighborhood, which is residential all the way up to 87th. I do have some questions. I don't necessarily oppose this, but I'd like to know where all the traffic is going to dump out; if it's going to dump out onto the boulevard; if it's going to dump out onto 82nd Street and where, because traffic on both of those is well beyond horrifying. It'll be nice to have something back adjoining the El Portal property where the trailer park has always been, because that's been a bone of contention since I moved into the area back in the '90's, but we also want to be sure that we're not going to get -- I mean, we have a street closure by me, fortunately, but the kind of cut -through traffic that can happen, as you well know, for those of you who have been here for more than a few years, can also be horrifying. That was one of the reasons that we put in our street closures to begin with. I just want to be sure that the people who actually live there, not just the 10 or 12 or people who signed off for the association these days, actually know that it's going in. I know that my next -door neighbors had no clue, and I'm only the second house in. I think it looks like a nice idea, but I want to be vety sure that the single family on our side of Biscayne is not damaged by any of this in the long run. Thank you. Chair Gort: Anyone else? Commissioner Suarez: The notice goes out for these, right? Chair Gort: Anyone else? Close the public hearings. You want to answer the questions? Mr. Fernandez: Yes. Chairman Gort, of course this project has to go through the Urban Development Review Board procedure, and so we don't have a full project for you at this point. We have a design intent. The project will have access onto 82nd Street and 82nd Terrace, but there will be no commercial traffic onto 82nd Terrace, which is the residential street to the north. Eighty Second Street is the most appropriate place to funnel traffic to because it is one of the two transportation corridors east/west, so we think that that's appropriate in that regard. I will also mention that the project provides an entire level of underground parking so that parking above ground will be minimized and will not be visible from any of the abutting corridors or sidewalks. Chair Gort: Thank you. Vice Chairman Hardemon. Vice Chair Hardemon: This appears to be one of those projects where you look at what the professional staff is recommending, and you can see from the presentation that Mr. Garcia made that their hands are basically tied because of the way that the Code is written as it pertains to, you know, amending the future land use map. But when I take a look at where this project is going and you consider if you're actually traveling on those streets, the type of streets that they City of Miami Page 28 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 are, the ability to stop, its location as it is to the restricted commercial properties to the south of it, which borders 82nd Street, and where that area is particularly going, especially when you bring into the Tri-Rail. I think all that we're doing, making our areas more pedestrian -- well, more -- what's the best use of it, Mr. --? How do you say that in --? When we think about transportation and traffic, how would you coin that phrase? Commissioner Suarez: Transit -oriented development. Vice Chair Hardemon: Transit -oriented development. Commissioner Suarez: TOD (transit -oriented development). Vice Chair Hardemon: TOD. Commissioner Suarez: TOD. Vice Chair Hardemon: That's why we pay you the big bucks. Chair Gort: TOD. Vice Chair Hardemon: But the transit -oriented development that's coming, I think this is one of those things that tries to address it, because if you're actually near this site, it's very close to the rail system, and so if Tri-Rail is definitely coming to a stop near there, I can imagine people getting on the Tri-Rail, riding to and from work, or getting off of the Tri-Rail visiting the commercial that's -- I guess will be in this facility and then also to the south of it. Those -- the acreage that is in the restricted commercial that's south of the subject property is, I think, probably -- well, probably could be one of the next major parcels of land that could be redeveloped in that area. And if you know it now, I mean, it sits in a condition, I think, in which it probably has been for decades, and it is a relic of the past, in that sense, and I think that that type of parcel of land will be developed to something that will be tremendous, and so here we are putting housing just before that development comes. I think it may encourage it. So I -- this is one of those things that I'm comfortable moving forward with on first reading, and with that, I mean, I will move that we -- Commissioner Suarez: Second for discussion. Vice Chair Hardemon: -- accept PZ 11. Commissioner Suarez: Second for discussion. Chair Gort: Been moved by Vice Chairman Hardemon; second by Commissioner Suarez. Discussion. Commissioner Suarez, you're recognized. Commissioner Suarez: I just want to briefly note, and I think to Ms. Warren's point, who was -- who got up on the podium earlier, you know, homeowners associations do fluctuate in terms of their intensity, and I've seen that happen in the six years I've been a Commissioner, but our zoning rules also require that property owners get noticed within 500 feet, and so, you know, they should be receiving the notices, and they should be informed of what's going on, and I just wanted to bring that to her attention so that she knew. Chair Gort: At the same time, this is first reading. Second reading -- Commissioner Suarez: Yeah. Chair Gort: -- they have an opportunity to meet with the neighborhood and come up maybe with City of Miami Page 29 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 some even better ideas, okay. Any further discussion? It's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ 11. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4- 0. Mr. Fernandez: Thank you very much. PZ.12 ORDINANCE First Reading 15-00965zc 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 T5-R "URBAN CENTER TRANSECT ZONE - RESTRICTED" TO T6-8-O "URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 460, 500, 520, 530, 538 AND 540 NORTHEAST 82ND TERRACE AND 421, 433, 437, 439 AND 505 NORTHEAST 82ND STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00965zc FR Fact Sheet.pdf 15-00965zcAnalysis, Maps & PZAB Reso.pdf 15-00965zc Application & Supporting Docs.pdf 15-00965zc Proffered Restrictive Covenant.pdf 15-00965zc Legislation (v2).pdf 15-00965zc Exhibit.pdf LOCATION: Approximately 460, 500, 520, 530, 538, and 540 NE 82 Terrace and 421, 433, 437, 439, and 505 NE 82 Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 82nd Apartments, LP, 505 NE 82nd Street, LLC; 520 NE 82nd Terrace, LLC; 439 NE 82nd Street, LLC; and 421 82nd St, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 15-009651u. This item includes a covenant. PURPOSE: This will allow a zoning classification change for the above properties from T5-R "Urban Center Transect Zone - Restricted" to T6-8-O "Urban Core Transect Zone - Open". Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff City of Miami Page 30 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Chair Gort: PZ.12. Vice Chair Hardemon: Board members, I echo my comments in PZ.12, and I move that we accept it. Commissioner Carollo: Second. Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Carollo. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item PZ 12. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Ben Fernandez: Thanks again. Have a good evening. Chair Gort: Thank you. PZ.13 RESOLUTION 15-01387cr A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A RELEASE OF THE RESTRICTIVE COVENANT DATED OCTOBER 2006 AND RECORDED IN OFFICIAL RECORDS BOOK 25102, PAGES 2137-2141, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3690 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED. 15-01387cr Fact Sheet.pdf 15-01387cr Analysis, Maps & Addtl Docs.pdf 15-01387cr Application & Supporting Docs.pdf 15-01387cr Legislation (v2).pdf 15-01387cr ExhibitA.pdf 15-01387cr Exhibit B.pdf 15-01387cr-Submittal-Javier Vazquez -Aerial Photo.pdf LOCATION: Approximately 3690 SW 23 Terrace [Commissioner Francis Suarez - District 4] APPLICANT(S): Javier L. Vazquez, Esq. on behalf of Cinco M's Corp. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PURPOSE: This will allow a release of restrictions. Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Suarez and Hardemon Noes: 1 - Commissioner(s) Gort Absent: 1 - Commissioner(s) Sarnoff City of Miami Page 31 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 R-15-0513 Chair Gort: PZ 20 and 21. Francisco Garcia (Director, Planning & Zoning): I believe PZ.13 -- Chair Gort: 13. Mr. Garcia: -- is the next one on the agenda. I'll read it quickly. Item PZ.13 is a request for a release of covenant for a parcel at 3690 Southwest 23rd Terrace. This is before you as a resolution, so it requires only one hearing. And I'll present it briefly. The original restrictive covenant that was recorded for this property came about as a result of a zoning change approximately nine years ago, which took the property from low density residential to mixed use high intensity as it is today. That original covenant addressed conditions that at the time were pertinent. And at this point in time, the applicant is requesting that those restrictions be lifted. And our recommendation for denial stems from the fact that we believe it would be appropriate to consider some measures to properly provide for the development of this site or the redevelopment of this site in a manner in which a transition is provided from the high density, high intensity development that exists along the 37th Avenue corridor and the lower density residential area immediately to the east. I will also note for the record that mitigating circumstances are the fact that the property is directly across the street from an FP&L (Florida Power & Light) substation, and also immediately to the south of an office development which is not truly representative of the low density zoning that exists there today. With that, I'll yield to the applicants. Javier Vazquez: Good afternoon, Chairman Gort and Commissioners. My name is Javi Vazquez, with law offices at 1450 Brickell Avenue, law firm of Berger Singerman, and I'm here on item 13 today. Joining me this afternoon are Mr. Miguel and Ileana Demarziani; if you guys will just raise your hands. And they are the principals of Cinco M's Corporation, which is the owner of the property, and they also -- the property, by the way, is 3690 Southwest 23rd Terrace, and they also happen to be the owners of Rincon Argentino, which is a restaurant at the corner of that block on 37th Avenue. As Mr. Garcia mentioned, the resolution before you today approves the release of a covenant dated November 16, 2006, and your staff has done an excellent job in its analysis, which is in your package, and accurately depicted the zoning history of the property and how the declaration of restrictions that's in question came to be in 2006. I will mention for the record that that declaration of restrictions came into being as part of an expansion plane -- expansion plan for Rincon Argentino which never took place, and that kind of explains why the property today sits pretty much identically as it sat in 2006. So we fast forward to 2016 -- 2015, and we find ourselves here looking at our -- my client's alternatives, if you will, or options with this property, and they're in the process of looking at different options right now and coming to the realization that there's a covenant that completely handcuffs their ability to develop the property. So, therefore, the analysis becomes about development rights upon your release of this covenant, if you would so be inclined to do so today. Mr. Garcia, with whom it has been a pleasure to work on in this application, has mentioned that staff is recommending denial, and he has also mentioned some issues that are worth your consideration, and I'd like to point out a couple of those. The first, he has acknowledged that there are inherent constraints associated with the development of this site, coupled with nontraditional T3-O uses to the south, as well as to the north of the property. I handed out a very simple color photo that outlines the subject property, and in that photo, you can see the property with the black marker outline. And across the street from the property, even though it is zoned T3-O, is a Florida Power & Light operation, and to the south of the property, you have office buildings. So, again, these are things that are a little bit out of character with a T3-O, which are things that, as Mr. Garcia mentioned, are -- should be considered. Mr. Garcia mentioned measures that perhaps can be considered, and I'd like to talk about a measure that perhaps we can talk about this afternoon. One of the things that we are here prepared to do after having significant conversations with Mr. Garcia, and after I've City of Miami Page 32 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 had the ability to explain it to my client as far as how do you mitigate a situation like this, one of the things that we'd like to put on the record as a possible option, which I think might go a long way, is under the T6-8, which is the remaining zoning that we would have once this covenant is released, technically, you can go up eight stories. We feel that a T5 equivalent, without changing the zoning, but a T5 equivalent of a five -story max would go a very long way to doing a lot of things here. One of them would be to transition between that 12- or 14-stoty building that fronts 37th Avenue as you go towards the T3-O to the west, and a five -stove building would then perhaps allow for much more compatible existence with the EP&L power plant across the street, as well as the office to the rear. So that's something that we are amenable to proffering on the record this afternoon. We're amenable to the submittal of a covenant that puts that into place. And we are hopeful that you will consider some of these restraints that have been mentioned by your staff. We are hopeful that you will consider some of the measures that we're talking about and putting on the record for your consideration today. And with that, we will respectfully close and answer any questions you may have. I just will say for the record that we are not aware of any opposition, but we are here to answer any questions that there may be in that regard as well, so. Commissioner Suarez: Open up first. Chair Gort: Thank you. It's a public hearing. Anyone in the public would like to address this issue? Come forward. Elvis Cruz: Good evening, Commissioners. Elvis Cruz, 631 Northeast 57th Street. As you know, I've been to these podiums many times over many years. It has been a disturbing trend to see what is called "zoning by covenant." Usually, "zoning by covenant" means the neighborhood loses. And the only sort of benefit to zoning by covenant is that there might be some sort of protection for the neighborhood. One of the reasons that neighborhoods do not like zoning by covenant is because the covenant can be changed These good folks are here tonight on a very similar current zoning by covenant application that they are fighting, and this is the perfect example of why you should not allow zoning by covenant, because down the road, the developer comes back and he says, "Oh, get rid of that covenant. Let's do another deal." In the case of this covenant, there was some protection built in for the neighborhood, and now you're being asked to change it. I would ask you to not do zoning by covenant and don't allow this one to happen. Thank you. Chair Gort: Thank you. Yes, sir. David Marchisotto: Good afternoon. My name is David Marchisotto. I actually live at 3686 Southwest 23rd Terrace. My house is the one that's right next to it. Putting up a five -story building there is going to block my windows and generally change the way I live. It's going to block the sun from my back yard. It's going to make my life uncomfortable. So I know that sounds selfish, but I don't understand the reason for taking -- we have residential coming from one end all the way down the block, and then we have my house, and then you have -- you want to turn this into commercial; and then on top of that, you have the Coral Gables -- you have the apartment building right there, it's residential, and you want to kind of put this building in there. I think, in general, it's not the best for the neighborhood. I'm speaking, of course, on my behalf that I don't appreciate that kind of thing happening to my own home. I've lived here for a year and a half. I changed my entire life and moved my family here to have a better life. This affects me in a really bad way. And I guess the questions I have are where are all the cars going to go for a five -story place? We -- if you go on that block and you see -- I park on the street every day because I don't have a parking lot. There's no place for me to go. You're going to put five families in something and then have to do that, and is that what it's set as? Are we talking about definitely? It's not a commercial space? Is it a residential space? It's changing that area. It's going to make it uncomfortable for those of us that live there, and I think it's inappropriate. That's all I have. Thank you. City of Miami Page 33 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Chair Gort: Thank you, sir. Anyone else? Anyone else in the public. Seeing none, hearing none, we close the public hearing. Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. Thank you, sir, as well. You know, I don't agree with lifting the covenant, obviously, for many of the reasons why Mr. Cruz stated on the record. I do, however, have to recognize that in this particular setting, on the north side, there is a substation; on the south side, there is a commercial structure; and on the west, there's a -- is a very large building. So, if you look at -- and you can't really see it in the picture that you provided, Mr. Vazquez, but if you look at slightly to the north of even the FP&L station, there's a building that is far greater than five stories, and it -- the line of that -- the back line of that building is actually even closer to the residents. Mr. Vazquez: That's right. Commissioner Suarez: In the case of you, sir, it would be even closer to your residence than the current zoning allows for. So, you know, I think, for me -- I know that the director -- the applicant have, you know, met many times. I've met in a couple of those -- you know, I've been in a couple of those meetings where we've sort of tried to figure out what is the most palatable development that can transition from this massive building that we see to the west, and to a, you know, duplex condition, to a single-family condition, if you will. You know, so for me, I don't see it as a -- you know, I see it as a very reasonable compromise between 12 stories and 1 story, essentially, but I can't support waiving the covenant. I can support, you know, limiting it to five stories. I cannot support waiving the covenant and allowing it to be a T6-8, you know, structure. Chair Gort: Okay. Anyone else? Commissioner Suarez: I don't know how you effectuate that? Do I accept a -- an amendment to a covenant or how do I -- what do I have to do there? Barnaby Min (Deputy City Attorney): If that is what the desire of the Commission would be, then the legislation would have to be amended to modify the covenant rather than release it. Commissioner Suarez: That's fine. Chair Gort: Look -- Commissioner Suarez: I'll move that. Chair Gort: Okay, there's a motion. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Under discussion. I have to tell you, we have a lot of applications that come here, and one of the reasons we approve those applications, because they have placed a covenant to ensure that the neighborhood is going to be protected. So, personally, I'll be against removing any covenant, because we have quite a few applications that we have approved subject to the covenant. And I understand situations changes, butt think it's something we need to respect. Commissioner Suarez: Agreed. City of Miami Page 34 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Mr. Min: Before there's a vote, obviously -- I don't want to waste anybody's time -- does the applicant agree to the modification to the covenant? Mr. Vazquez: Yes. We understand the comments being made, and we understand that it's not a release of the existing covenant, and we are amenable to a modification of the covenant limiting the property to five stories, as stated for the record. Mr. Min: Thank you. Commissioner Suarez: Is that accurate, Mr. Planning Director? Mr. Garcia: It is a proffer to be made by the applicant. May I point out that the other concern that has been voiced and has been implicit in the presentations has to do with the actual use -- or uses available to the land? The "O" designation presently provides for commercial, and certainly the character of area to the east is residential. So, perhaps, that is something else that can be considered. Commissioner Suarez: Can we -- how can we do that? Mr. Vazquez: We would have no objection to strictly residential as part of our revision. Commissioner Suarez: Okay, that's fine. I'm good with that. Mr. Min: Just for clarity, so we can ensure that the covenant is clear, the modification would be that it's limited to five stories of residential uses only. Mr. Vazquez: Yes, sir. Mr. Min: Thank you. Commissioner Suarez: That's fine. Yeah, it's fine. That's my motion. Chair Gort: Okay. Commissioner Suarez: Okay. Chair Gort: It's been moved and second. Any further discussion? It's a resolution. Mr. Min: You can just take a vote -- a voice vote. Todd B. Hannon (City Clerk): You can vote it up or down. Chair Gort: All in favor, state it by saying aye." Commissioner Suarez: Aye. Commissioner Carollo: Aye. Chair Gort: Nay. One nay. Mr. Vazquez: Thank you. Have a good afternoon. Commissioner Suarez: Thank you. PZ.14 RESOLUTION City of Miami Page 35 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 15-01386a A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING OR REVERSING THE CITY MANAGER'S INTENDED DECISION NUMBER 15-194 TO REMOVE TWO TREES FROM THE MEDIAN ALONG NORTHEAST 6TH COURT BETWEEN 57TH AND 58TH STREET, MIAMI, FLORIDA. 15-01386a Fact Sheet.pdf 15-01386a Analysis.pdf 15-01386a Appeal to City Commission.pdf 15-01386a (v2) legislation.pdf 15-01386a (v3) legislation.pdf LOCATION: Median along NE 6 Court between 57th and 58th Street [Commissioner Marc D. Sarnoff - District 2] APPELLANT(S): Aisa Michel, abutting property owner, and Elvis Cruz, co -appellant FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of the Intended Decision. PURPOSE: The appeal seeks to reverse the Intended Decision issued to remove trees from a public -right-of-way. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ 14 was deferred to the Januaty 28, 2016, Planning and Zoning Commission Meeting. PZ.15 ORDINANCE Second Reading 15-006721u 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 FUTURE LAND USE DESIGNATION OF 5.31 ±ACRES OF THE REAL PROPERTY GENERALLY IDENTIFIED AS THE SOUTHERN PORTION OF TRACT "D" OF WATSON ISLAND, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES", AS DEPICTED IN "EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-006721u SR Fact Sheet.pdf 15-00672Iu Analysis, Maps & PZAB Reso.pdf 15-006721u Legislation (v2).pdf 15-006721u Exhibit.pdf City of Miami Page 36 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 LOCATION: Approximately the southern portion of Tract D of Watson Island [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File Ds: 15-00672zc and 15-006721u1. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 6-3. PURPOSE: This will change the land use designation for the above property from "Public Parks and Recreation" to "Major Institutional, Public Facilities, Transportation, and Utilities" Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ 15 was continued to the December 10, 2015, Planning and Zoning Commission Meeting. PZ.16 ORDINANCE Second Reading 15-00672zc 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 OF 5.31 ±ACRES OF THE REAL PROPERTY GENERALLY IDENTIFIED AS THE SOUTHERN PORTION OF TRACT "D" OF WATSON ISLAND, MIAMI, FLORIDA, FROM "CS" CIVIC SPACE TO "Cl" CIVIC INSTITUTIONAL, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00672zc SR Fact Sheet.pdf 15-00672zcAnalysis, Maps & PZAB Reso.pdf 15-00672zc Legislation (v2).pdf 15-00672zc Exhibit.pdf LOCATION: Approximately the southern portion of Tract D of Watson Island [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID: 15-006721u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 6-3. PURPOSE: This will change the zoning classification for the above property City of Miami Page 37 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 from "CS" Civic Space to "Cl" Civic Institutional. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ 16 was continued to the December 10, 2015, Planning and Zoning Commission Meeting. PZ.17 ORDINANCE Second Reading 15-006721u1 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 ASSIGNING THE FUTURE LAND USE DESIGNATION OF "PUBLIC PARKS AND RECREATION" TO A NON -DESIGNATED ACREAGE OF REAL PROPERTIES OF APPROXIMATELY 8.69 ACRES LOCATED AT THE NORTHERN PORTION OF THE TRACT OF LAND COMMONLY KNOWN AS RICKENBACKER CAUSEWAY MIAMI, FLORIDA, AS DEPICTED IN "EXHIBIT A", HEREBY ATTACHED AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-006721u1 SR Fact Sheet.pdf 15-006721u1 Analysis, Maps & PZAB Reso.pdf 15-006721u1 Legislation (v2).pdf 15-006721u1 Exhibit.pdf LOCATION: Approximately the northern portion of the tract of land commonly known as Rickenbacker Causeway [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File IDs: 15-00672zc1 and 15-006721u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 3, 2015, by a vote of 9-2. PURPOSE: This will assign the land use designation of "Public Parks and Recreation" to the above property. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ.17 was continued to the December 10, 2015, Planning and Zoning Commission Meeting. City of Miami Page 38 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 PZ.18 ORDINANCE Second Reading 15-00672zc1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY ASSIGNING A CS "CIVIC SPACE" ZONING CLASSIFICATION TO A NON -DESIGNATED AREAAPPROXIMATELY LOCATED AT THE NORTHERN PORTION OF THE TRACT OF LAND COMMONLY KNOWN AS RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS DEPICTED IN "EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00672zc1 SR Fact Sheet.pdf 15-00672zc1 Analysis, Maps & PZAB Reso.pdf 15-00672zc1 Legislation (v2).pdf 15-00672zc1 Exhibit.pdf LOCATION: Approximately the northern portion of the tract of land commonly known as Rickenbacker Causeway [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File Ds: 15-006721u1 PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 3, 2015, by a vote of 9-2. PURPOSE: This will assign the zoning classification of "CS" Civic Space to the above property. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ.18 was continued to the December 10, 2015, Planning and Zoning Commission Meeting. PZ.19 ORDINANCE Second Reading 15-00924zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS AND TABLES" AND ARTICLE 5, ENTITLED "SPECIFIC TO ZONES", TO REVISE LOTAREAAND LOT WIDTH MINIMUMS AND MAXIMUMS FOR T4, T5, AND T6 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00924zt SR Fact Sheet.pdf 15-00924ztAnalysis, Maps & PZAB Reso.pdf 15-00924zt Legislation (v2).pdf 15-00924zt Exhibit.pdf City of Miami Page 39 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 7-1. PURPOSE: This will modify minimum and maximum lot area and widths in order to encourage appropriate development based on density and intensity regulations. Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Note for the Record: Item PZ 19 was deferred to the Januaty 28, 2016, Planning and Zoning Commission Meeting. PZ.20 ORDINANCE Second Reading 14-01075zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 7, SECTION 7.2, ENTITLED "PROCEDURES AND NONCONFORMITIES," TO MODIFY PARKING REQUIREMENTS FOR ADAPTIVE USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-01075zt SR Fact Sheet.pdf 14-01075zt PZAB Reso.pdf 14-01075zt Legislation (v5).pdf APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on November 5, 2014, by a vote of 7-0. PURPOSE: This will allow non -conforming buildings with less than the required on -site parking, or no parking, to continue to exist with vested rights while emphasizing the intent of the Miami 21 Code to promote rehabilitation, restoration and adaptive uses on existing buildings. Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff 13577 City of Miami Page 40 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Francisco Garcia (Director, Planning & Zoning): Yes, sir. Thank you. Item PZ.20 is before you on second reading. And this is an amendment to Miami 21, the Zoning Ordinance, to further clarify and revise provisions for adaptive reuse of structures; in particular, pertaining to parking exceptions tied to the adaptive reuse of structures. I'll tell you briefly, by way of recapping prior hearings, that it is very much the intent of Miami 21, the Zoning Ordinance, to foster and promote the purposeful reuse of existing buildings, existing structures, whenever that is feasible; and while wishing to do that, we are certainly mindful also that sometimes reducing the requirement for parking can have an adverse impact on abutting residential areas. What we are seeking to do as part of this particular amendment is to clarify that buildings that were originally built as single-family residences, residential buildings or lodging structures should not be eligible for the adaptive reuse reduction, and also buildings that are immediately abutting low density residential areas also should not be eligible for the adaptive reuse reduction. That said, in the remainder of circumstances, we very much think that any existing structure that because they were built pursuant to prior zoning requirements with lower parking requirements should be allowed to be repurposed and reused abiding by the existing parking situation and not having to add any additional parking provisions, with the caveat, of course, that this shall be done through the -- a waiver process, so it requires Planning & Zoning review, and it would require, on a case -by -case basis, conditions to mitigate against potential adverse impact; and also, with the caveat that any additional square footage would be subject to compliance with new parking requirements, so that's the way we framed this revision for your consideration. It's before you on second reading. And I'm happy to yield back to you and answer any questions you may have. Vice Chair Hardemon: Move to accept it. Chair Gort: Yes, sir. It's been moved by Vice Chairman Hardemon. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Public hearing. Yes, sir. Elvis Cruz: Elvis Cruz, 631 Northeast 5 7th Street. Gentlemen, as you may recall, this item has been before you, I believe, seven times already. During those four or five different continuances and deferrals, there was a lot of conversations taking place with this District 2 Commissioner for very good reason. Commissioner Suarez: Yes. Mr. Cruz: Many of the properties that will be affected by this change are in District 2. There was a specific example I gave of an attempt to open a 40-seat restaurant which was in a single -- a former single-family neighborhood with only three parking spaces. I'm hoping that when our new Commissioner is sworn in, he will have an opportunity to look at this very important fundamental legislation. I'm asking you to please -- you've already continued it four or five times -- let our new Commissioner come on board so that he can represent the people of District 2 on this issue. Thank you. Chair Gort: Thank you, sir. Next. Peter Ehrlich: Good evening, Mr. Chair, Commissioners. Peter Ehrlich, 720 Northeast 69th Street, here speaking in favor of the legislation. I believe it will primarily affect Districts 1, 3, 4 and 5, particularly District 5, which has a preponderance of older buildings than Wynwood, Overtown, Lemon City, and Little River. It was first approved unanimously at the Planning Zoning & Appeals Board in November of 2014. It has been on the agenda many times here at City Hall. I think it should be approved tonight. Francisco Garcia has worked hard on the language. It's been through many drafts, many tweaks. I think this language seems acceptable City of Miami Page 41 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 to most of the people that will be affected I think it would be beneficial to the City of Miami. Thank you very much. Chair Gort: Thankyou. Anyone else? Allyson Warren: Allyson Warren, 650 Northeast 82nd Terrace. I am not directly involved by all of this, but I can see, driving through the neighborhoods, what a huge problem this can be for the people that live behind the businesses. We know that there are several properties up and down Biscayne that have purchased the property behind them to use for their office or their parking additionally or heaven only knows what else. One of the things that would be good if it could be done -- and I'm not quite sure how to go about doing it -- is to automatically offer the neighborhoods -- the neighbors whose driveways are blocked and whose swales and curbs are frequently destroyed by people parking on them is a sticker program, which I know the City does have, just like you have on Miami Avenue; automatically; they shouldn't have to pay for it. So that any property for any reason that allows for people to park in the neighborhood, whether they get caught at it or not, they'll have a residential sticker. We had a problem property in Shorecrest just re -- in the last year -- well, it's been going on for several years -- where the valet porkers were simply going around the corner and parking in people's swales that live directly behind the business. That's a huge issue. They were never -- the residents were never offered an alternative. They were never told that they could have a sticker program. They were never told that they could put up "no parking or you get towed" signs. So they suffered with it and all of the things that went with it: people dumping their garbage, people doing the dirty out there in their cars, and people saying, basically, you know, "Take a hike; I can park where I want, because it's the City's swale. " So maybe the neighbors that are affected by something like this in any neighborhood should be offered automatically a residential sticker or, you know, car tag thing to alleviate the problem. Chair Gort: Thankyou, ma'am. Anyone else? Anyone else? Yes, ma'am. Chantale Leon: Hi. Good evening. My name is Chantale Leon, and I live in Little River. And I applaud all the new developers are coming and helping our community, and I understand there was a problem with parking and they needed more parking, but we have jitney. We have all kinds of public transportation. People in our neighborhood now are riding bikes a lot. It's becoming real creative, and I don't see what the problem is. So far, I haven't seen it, but I welcome all the new developers, and I'm glad to see change. We needed that. Chair Gort: Thank you, ma'am. Anyone else? Anyone else? Close the public hearing. Barnaby Min (Deputy City Attorney): An ordinance of the Miami City Commission, amending ordinance number 13114 of the Zoning Ordinance of City of Miami by amending Article 7, Section 7.2, entitled -- Was there a motion? I apologize. Commissioner Suarez: There is. Todd B. Hannon (City Clerk): Yes, sir. We're good to go. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ 20. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.21 ORDINANCE First Reading City of Miami Page 42 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 15-01249zt AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS THE MIAMI 21 CODE ("MIAMI 21 CODE"), BY AMENDING ARTICLE 7, DIVISION 1, ENTITLED "PROCEDURES", SECTIONS 7.1.1.5, ENTITLED "CITY COMMISSION", AND 7.1.5, ENTITLED "APPEALS", TO EXPAND THE SCOPE OF APPEALS FROM THE PLANNING, ZONING AND APPEALS BOARD TO INCLUDE CERTIFICATE OF USE REVOCATIONS; PROVIDING FOR INCLUSION IN THE MIAMI 21 CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-01249zt FR Fact Sheet.pdf 15-01249zt PZAB Reso.pdf 15-01249zt Legislation (v2).pdf LOCATION: Citywide APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ZONING AND APPEALS BOARD: Recommended approval on September 29, 2015, by a vote of 8-0. PURPOSE: This ordinance will grant the City Commission the power to review and either affirm or reverse an appellate decision of the Planning , Zoning, and Appeals Board pursuant to the Zoning Administrator's revocation of a Certificate of Use. Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Sarnoff Chair Gort: Does that conclude our --? Barnaby Min (Deputy City Attorney): There's one more item. Vice Chair Hardemon: 21. Mr. Min: PZ21. Chair Gort: 21. Commissioner Carollo: First reading. Chair Gort: Well, they missed out of the -- Mr. Min: PZ21, ifI may, Mr. Chairman, is related to a City Code amendment that would be coming in December, and it's at the request of the District 5 office. It concerns certificate of uses and the ability to appeal by an interested party to the City Commission. Currently, when the Zoning Administrator revokes a certificate of use, only the business operator that's affected can appeal to the Planning, Zoning & Appeals Board. The proposal is to amend Miami 21, as well as Chapter 2 of the City Code, to allow any interested party to appeal a Planning & Zoning Appeals Board's decision to the City Commission. City of Miami Page 43 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Chair Gort: Okay. This -- ifI may -- I'm sorry. Vice Chair? Vice Chair Hardemon: No, go ahead, go ahead Chair Gort: If I may, my understanding is, you're talking about any building, there -- the certificate of use is taken out or is not for any particular reason? Mr. Min: Correct. There are various reasons that a certificate of use can be revoked by the Zoning Administrator. A business owner whose certificate of use is revoked has the right to appeal the Zoning Administrator's decision to the Planning, Zoning & Appeals Board. Chair Gort: Okay. Mr. Min: There are -- there have been arguments made in the past that affected property owners who do not agree with the decision of the Planning and Zoning & Appeals Board should have the ability to appeal to the City Commission. The example -- or the reason that this came about is there was a certificate of use that was appealed -- that was revoked. It was appealed to the Planning, Zoning & Appeals Board. PZAB (Planning, Zoning & Appeals Board) determined that the Zoning Administrator was incorrect and reinstated the certificate of use. So the affected property owners who are affected by this business are obviously upset that the business is still operating and want to have the ability to appeal to City Commission. Commissioner Suarez: Second. Chair Gort: It's been moved and second. The reason I'm asking this questions -- I know the -- I've been talking to Francisco, and I've been talking to the Building Department, because we have a problem because of Miami 21. Right now a lot of people, they have lost the certificate of use because the City did not go and ask them that they have to renew them every year because of the problems that we have. When they go to -- when they find out they need to get a certificate of use, they go to apply for one; they tell them, "You can't have it. You got to knock your building down and zone it for duplexes." My understanding, we're working on that, and I hope we are working on that because that's the biggest problem we have in the City right now. So this is a little different. This is -- and this certificate is taken out by the Planning Department, is the one that removes the certificate. Francisco Garcia (Director, Planning & Zoning): I'll clarify, sir. This intends to address the condition where the certificate of use which is in place is revoked for cause, and it is within the authority of the Zoning Administrator to make those revocations, again, for cause. However, because sometimes the evidence is debatable, there is recourse. Presently, that recourse stops at the Planning, Zoning & Appeals Board. And what is being proposed here is that if the Planning, Zoning & Appeals Board's decision to either support the revocation or repeal the revocation should not sit well with anyone, they would have the ability to appeal to you. Chair Gort: Can you give me some of the causes? Mr. Garcia: Yes, sir. And l will site an example that I'm sure is familiar to many of you, since we've sat through this process not too long ago. There was recently a nightclub which was in operation in the area, residential area, which had provided a survey which was extensively faulty, which allowed them to locate it closer than they otherwise might have to that residential area. We, the Planning & Zoning Department, through the Office of the Zoning Administrator, found that because the survey was faulty, the certificate of use should be revoked. However, the Planning, Zoning & Appeals Board did not find that compelling enough, I suppose, and reinstated the certificate of use, leaving those affected parties without any recourse. That is what this seeks to address. City of Miami Page 44 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Chair Gort: Right. Right, I understand. The other causes can be the -- how 'bout if they doing illegal activities? Mr. Garcia: That is absolutely the case as well. Chair Gort: And they have to go through the whole process, although they're dealing in illegal activities? Mr. Garcia: Well, they have the ability to appeal, of course. And if that appeal should be dissatisfactory to some, they themselves would have the ability to appeal. Chair Gort: But during their appeal, they will not continue to do whatever the conduct they were doing? For example, one of the biggest problems that we have is the small cafeterias, which is we have them all over the City, that they're supposed to close at 10 o'clock; they stay open to 1 and 2 o'clock serving liquors and doing all kinds of activities. Mr. Garcia: That is correct. Since that activity is illegal in the first place, they are not authorized to do it; whether or not we are effective in stopping them from doing it is, of course, an issue of enforcement. Chair Gort: Because this something that we have a lot of problems throughout the City, and we got to find a solution to that. Thank you. Okay, that's - Later... Todd B. Hannon (City Clerk): Sorry We're back on PZ 21 ? Chair Gort: Yes, sir. Commissioner Suarez: Sony. Mr. Hannon: Okay. Mr. City Attorney, would you like to read the title into the record? Mr. Min: Yes, but has it been opened to the public? Chair Gort: Sorry. Mr. Hannon: No. Thank you. Chair, would you like to open up the item, PZ 21 -- Chair Gort: Yes. Mr. Hannon: -- to a public hearing. Chair Gort: Open the public hearing. Cecilia Stewart: Good afternoon. It seems like divine providence is working here this evening, and I want to say first say good evening to you all. And I want to say my name is Cecilia Stewart, 1899 Northwest 1st Court. And as I stated, I give honor to divine providence at work in here. And I want to encourage those residents, whoever have been here seven times, not to give up; to come back again seven times, because I stand here as a testament that it does pay to come back, and it does pay to make your point known. I think it is a good policy issue, and I support the item, because it's a checks and balance, and it gives the persons who are aggrieved a chance to stand before the Commission and let them hear how the lower board kind of got it wrong or kind of messed up. And I just want to say, I support this item. And I thank you so much. City of Miami Page 45 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 Chair Gort: Yes, ma'am. Anyone else? Anyone else would like to address this issue? Seeing none, hearing none, public hearing's closed It's an ordinance. Commissioner Suarez: I just want to quickly thank you for coming. You always are so well informed and so patient and waiting till the last item for you to chime in, so I just want to thank you for that. We need a little divine inspiration, by the way. I think Dwayne Wade said, "Fall down seven times; get up eight," right? So there you go. Vice Chair Hardemon: Ms. Stewart is tough. Commissioner Suarez: That -- she's Dwayne Wade tough. That's tough. Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: That's tough. Vice Chair Hardemon: She's tough. Commissioner Suarez: There you go. Vice Chair Hardemon: And she's everywhere. Commissioner Suarez: That's true. The word is "ubiquitous," by the way. Vice Chair Hardemon: Is that what it is? Commissioner Suarez: Everywhere. Ubiquitous. Yeah. Vice Chair Hardemon: I -- write that one down, SAT (Scholastic Assessment Test) word. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ 21. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Mr. Min: Mr. Chair, since the companion legislation is coming December, I would ask that the second reading for this item be in January? Chair Gort: Okay. Any other business? Commissioner Carollo: I think we're done. Chair Gort: Do I have a motion to adjourn? Commissioner Suarez: So moved. Commissioner Carollo: Meeting adjourned. END OF PLANNING AND ZONING ITEMS ADJOURNMENT City of Miami Page 46 Printed on 12/30/2015 City Commission Meeting Minutes November 19, 2015 The meeting adjourned 5: 31 p. m. City of Miami Page 47 Printed on 12/30/2015