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Arcia, Miriam
From: Medina, Anna M.
Sent: Wednesday, January 1Q.2005513P[N
To: Arco . Miriam
Subject: FVV:Motion hnreconsider '3155Southwest 22Tonaoe
Importance: High
Miri,can you please scan this e-mail into file i.d. 05-00018?
From: Thompson, Priscilla A.
Sent: Wednesday, January 19, 2005 12:53PM
To: Fernandez, Jorge L.; Suarez'Rivas, Rafael; 'Geo»ge.VVysong@miami-po|ice.org'; Ge|obed-Sanchez,Ana;
S|azyk,Lourdes Y.; Fernandez, Teresita
Cc: Scheider, Sylvia; Medina, Anna M.; Rodriguez,Ane|
Subject: FVV: Motion to reconsider 3155 Southwest I2Terrace
Importance: High
Someone from the Office of the City Attorney, Planning Department, and/or Hearing Boards needed to inform the
Commissioner Regalado of this issue so that the necessary corrective action is initiated.
PriSciUuf ThompsVn
City Clerk
(305)250'5370
fax (3O5)050-l0\O
Original Message
From: Medina, Anna M.
Sent: Wednesday, January 19, ZOUS 1I:13 PM
To: Thompson, Priscilla A.
Subject: FVV: Motion to reconuider' 3155 Southwest ZZTerrace
PAT, see George's response below in yellow.
From: Suarez'Rivas, Rafael
Sent: Wednesday, January 19, IOOS 13:08PM
To: Medina, Anna M.
Subject: FW: Motion to reconsider - 3155 Southwest 22 Terrace
Assistant City Attorney
444SVV2OdAvenue
SuiteQ45
Miami, Florida 33130
T8|8Dh0Oe (305) 416-1818
Tel8CODi8r (305) 416-1801
l/2l/20B
Page 2 of 7
Litigation Assistant
Silvia M. Gomez
(305) 416-1840
Above email is for intended recipient only and may be confidential and protected by attorney/client privilege. If
you are not the intended recipient, please advise the sender immediately. Unauthorized use or distribution is
prohibited and may be unlawful.
From: Wysong, George
Sent: Wednesday, January 19, 2005 11:14 AM
To: Suarez -Rivas, Rafael
Subject: RE: Motion to reconsider - 3155 Southwest 22 Terrace
-"Couldn't we just have them amend their motion to reconsider, perhaps at the next
meeting, to include the zoning change?"
Since I perceive the situation in the same manner as Rafael, i.e. that it should not be done, I
think that a higher power than us may have to be invoked.
It seems to me that whoever pushed to have this item reconsidered should have recognized
that there were two ordinances. Based on the transcript portion that has been provided it
seems pretty clear that only one of the two ordinances was timely brought forward for
reconsideration. The transcript reflects that when the reconsideration of the item was
discussed, the moving Commissioner stated: "Well, this is a motion to reconsider Ordinance
Number 04-01178, which was denied on first reading at the December 9, 2004 Commission meeting."
The record does not reflect any mention of Ordinance Number 04-01178a by anyone. Further,
when the Commissioner indicated the effect of the reconsideration he indicated that the
ordinance would change the property at "3155 Southwest 22 Terrace, from duplex residential to
restricted commercial. That's the motion. " He use land use terms and not zoning terms. It would
have been better if he said from R2 to 01 but he didn't. Since there are two separate
ordinances and only one was timely brought forward for reconsideration it looks to me that
amending the motion does not, as Rafael says, cut the mustard.
However, the aforementioned higher power may come to a different conclusion. An argument
can be made that the brief discussion of the Commission shows the intent of the City
Commission to correct the situation as a whole so that Rex Art could build their building. The
fact that the Commissioner only mentioned one of the ordinances is a mere technicality. The
two items share the same ordinance number, except for the letter (a) attached to the zoning
change. The Commissioner did not say he wished to reconsider the land use change. Nor did
he say he wanted to reconsider the zoning change.
From: Suarez -Rivas, Rafael
Sent: Wednesday, January 19, 2005 9:48 AM
To: Medina, Anna M.
1/21/2005
Page 3 of 7
Cc: VVvsong,George
Subject: RE: Motion to reconsider - 3155 Southwest 22 Terrace
Yes normally you could dothat under the Rules but, inthis instance, the answer iano. | think that amendment
would aUmm them to indirectly do what §62'2 of the Code does not let them directly do, to wit: reconsider e
separate land use item AFTER the next regular meeting following the eoUon�Remember itmust bodone atthe
next regular meeting per §82'2. It does not, in my opinion. "cut the mustard" to allow procedural rule to prevail
over asubstantive prohibition in§G2'2. Bottom line- Due to§O2'2the reconsideration ofland use items can only
be made by the next regularly scheduled City Commission meeting. The City Code binds the City Commission in
this respect and that is regrettably the correct answer, Feel free to check with Ms. Chiaro but I would support my
position with the clear language of §62-2. The bottom line- The Comp. Plan can be reconsidered but the zoning
change must be, inmyopinion, applied for again, anallowed bylaw. George?
Assistant City Attorney
444SW2Od Avenue
SuitB945
Miami, Florida 33130
Telephone (305)416-1818
TRleCUpie[/305\416-1801
rSu8Rez-riV@s@Ci.nni@Oli`fl.US
Litigation A88jSt@Ot
Silvia M. GOOORz
Above email is for intended recipient only and may be confidential and protected by attorney/client privilege. If
you are not the intended recipient, please advise the sender immediately. Unauthorized use nrdistribution iu
prohibited and may be unlawful.
From: Medina, Anna M.
Sent: Wednesday, January 19,2OO58:S8AM
To: Suarez -Rivas, Rafael
Cc: VVysong,George
Subject: RE: Motion to reconsider - 3155 Southwest 2ITerrace
Good Morning!
Rafael, to answer your earlier question, yes they reconsidered the land use change
and not the zoning change.
Couldn't we just have them amend their motion toreconsider, perhaps atthe next
meeting, tuinclude the zoning change?
From: Suarez -Rivas, Rafael
Sent: Tuesday, January 18, 2005 3:44 PM
To: Medina, Anna M.
Cc: VVysong,George
Ana- George concurs and raises an additional point (please see below).
1/21/2005
Page 4 of 7
Assistant City Attorney
444SW 2Od AVeOU8
Suite 945
Mi3DOi, Florida 33130
Telephone /305\ 416-1818
Tel88ODi8[ (305) 416-1801
Litig8tiOn/\SSi8tGOt
Silvia M. Gomez
/305\ 416-1840
Above email is for intended recipient only and may be confidential and protected by attorney/client privilege. If
you are not the intended racipient, please advise the sender immediately. Unauthorized use ordistribution is
prohibited and may be unlawful.
Fronm:VVysong, George
Sent: Tuesday, January 18,2UUS3:4IPM
To: Suarez'Rivas,Rafael
Subject: RE: Motion to reconsider ' 3155 Southwest 2ITerrace
I think that you are correct. Also note Section 2214.2 of the Zoning Ordinance which reads as follows:
2214� 2.Limitation onfurther consideration after denial.
Whenever the city commission has denied anapplication formumzuninnmpmponty.toezomnouoamohonnmmemomoc
(a) Consider any further application for the same rezoning of any part or all of the same property for a period of eighteen (18) months from
the date ofsuch action;
(u) Consider an application for any other kind of rezoning on any part or all of the same property for a period of twelve (12) months from the
date orsuch action;
(u) Consider an application for rezoning that involves the same owner's property within two hundred (200) feet of property granted a change
within mperiod ortwelve (1z)months.
So, the property can't get rezoned for at least 18 months in light of §62-2 and the above -referenced section.
It looks like who ever asked the Commissioner to consider one item without the other made a major blunder,
Allowing the one item to gowithout the other would create an inconsistency in out comp p|on, it seems to me.
From: Suarez -Rivas, Rafael
Sent: Tuesday, January 18,2OU5 1I:28PM
To: Medina, Anna M.;VVysong,George
Cc: Gomez, Silvia M; Totino, Emily; 'emi|y.tntno@d.miami.M.us'
Subject: RE: Motion to recnnsider' 3155 Southwest 2ITernace
Well it seems like it could not be classified a oorivener'sorclerical error because they are two separate land use
actions. The Commission can only move to reconsider a P & Z item at their first regularly scheduled meeting
following the meeting atwhich the action was taken boboreconsidered.
§62-2, City Code. I don't know (in light of this Code section) what he can now do. Perhaps we are stuck with this
status quo. . Any one else have any thoughts? Maybe amending the motion to reconsider? The problem is §62-2.
Assistant City Attorney
1/21/2005
Page 5 of 7
Suite 945
Miami, Florida 33130
Telephone (305) 416-1818
Telecopier (305) 416-1801
rsuarez-rivas@ci.miami.fl.us
Litigation Assistant
Silvia M. Gomez
(305) 416-1840
Above email is for intended recipient only and may be confidential and protected by
attorney/client privilege. If you are not the intended recipient, please advise the sender
immediately. Unauthorized use or distribution is prohibited and may be unlawful.
From: Medina, Anna M.
Sent: Tuesday, January 18, 2005 10:59 AM
To: Wysong, George; Suarez -Rivas, Rafael
Cc: Gomez, Silvia M; Totino, Emily; 'emily.totino@ci.miami.fl.us'
Subject: Motion to reconsider - 3155 Southwest 22 Terrace
Importance: High
Good Morning George &, Rafael,
At the last Commission Meeting, Commissioner Regalado passed a motion
reconsidering a prior PZ item, which was file i.d. 04-01178. However, we believe that
he may also have meant to reconsider its companion item, which was file i.d. 04-
01178a. If you read the minutes below (they're not that long), you will see that he
only refers to the first one.
He wants to have this item heard at the Feb. 24 meeting, however, can they hear one
without hearing the other? If not, I'm assuming that we would need to tell him about
this so he can bring it up as a pocket at the next Commission Meeting. Please
advise.
Thanks.
From: Jones, Joyce
Sent: Tuesday, January 18, 2005 10:44 AM
To: Medina, Anna M.
Subject: NA.4
Here I go again.
11.
Chairman Sanchez: Next item.
Commissioner Regalado: Another simple one, and this is following Johnny Winton's teachings.
1/21/2005
Page 6 of 7
Commissioner Winton: My what?
Commissioner Regalado: Teachings. Your --
Commissioner Winton: I didn't know I had any of those.
Commissioner Regalado: Yes, you did. Well, this is a motion to reconsider Ordinance Number 04-
01178, which was denied on first reading at the December 9, 2004 Commission meeting. Let me tell
you the history of this, and you will like this. This is a motion that came before the PZ (Planning &
Zoning) agenda, and it was in my district. These people bought this building. They couldn't -- they said
that there's no way that they can operate the new business Rex Art --
Commissioner Winton: Right.
Commissioner Regalado: -- if they didn't have --
Commissioner Winton: Yep.
Commissioner Regalado: -- exit on 22 Terrace.
Commissioner Winton: Right.
Commissioner Regalado: Actually, they were correct. There is no way to enter through Coral Way, so
the Commission denied this, and they were very disappointed.
Commissioner Winton: And upset. Oh, they were crying.
Commissioner Regalado: And they went back and decided to come back and say, "We're going to
demolish the building and build a new building, and we will need -- we will not need exit on 22
Terrace."
Commissioner Winton: Very good.
Chairman Sanchez: So --
Commissioner Regalado: So --
Chain Ian Sanchez: This is a motion to --
Commissioner Winton: Very good.
Chairman Sanchez: -- reconsider.
Commissioner Winton: Second.
Chairman Sanchez: The maker of the motion has to be the --
Commissioner Regalado: 3155 Southwest 22 Terrace, from duplex residential to restricted commercial.
That's the motion.
1/21/2005
Page 7 of 7
Chairman Sanchez: OK. The motion --
Commissioner Winton: Second the motion.
Chairman Sanchez: -- to reconsider is being made by Commissioner Regalado, second by Johnny
Winton. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
1/21/2005