HomeMy WebLinkAboutAnalysis, Maps & Addtl DocsCITY COMMISSION DOCUMENTATION
FILE ID:
APPLICANT:
ANALYSIS FOR RELEASE OF COVENANT
15-01387cr
Javier L. Vasquez, Esq. on behalf of Cinco M's Corp
PROJECT NAME: Cinco M's Corp
PROJECT ADDRESS: 3690 SW 23rd Terrace
TRANSECT ZONE: T6-8-O "Urban Core" Transect Zone
FOLIO NUMBER: 01-4116-009-3150
COMMISION DISTRICT: District 4, Commissioner Francis Suarez
NET OFFICE: Coral Way
SUBJECT: A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING A
RELEASE OF A DECLARATION OF RESTRICTIVE COVENANT
("COVENANT") WITH ATTACHEMEN(S) DATED NOVEMBER 16, 2006
AND RECORDED IN THE OFFICIAL RECORD, BOOK 25102, PAGE 2137,
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR
THE PROPERTY LOCATED AT 3690 SW 23RD TERRACE, MIAMI,
FLORIDA, AND LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A.
BACKGROUND
The subject site is located at 3690 SW 23rd Terrace, consisting of one lot of
approximately 0.32 acres (14,000 sq. feet), and zoned T6-8-O. The property is bounded
on the north, east and south by T3-O zoning transect, and on the west by T6-8-O
zoning transect. This property is located one lot in from SW 37th Avenue, and features
an existing single story duplex.
On June 29, 2005, the City's Planning Advisory Board heard a request for an
amendment to the comprehensive neighborhood plan, by changing the land use
designation from "Duplex Residential" to "Restricted Commercial". Following a public
hearing the Board adopted Resolution No. PAB 69-05 by a vote of 5-2, recommending
denial of the proposed change.
On July 25, 2005 the City's Zoning Board heard a request for the rezoning of 3690 SW
23 Terrace, from R-2 "Two -Family Residential" to C-1 "Restricted Commercial",
pursuant to Ordinance 11000, as amended. Following a public hearing, the Board
adopted Resolution No. ZB 2005-1055 by a vote of 7-0, recommending denial of the
proposed change. At that time the Board found that the character of this section of SW
23 Terrace was predominately two-family residential, and the requested change at this
location may set a negative precedent in regards to future zoning applications.
Release of Restricted Covenant — 3690 SW 23rd Terrace
City Commission Documentation
Meeting Date: November 19, 2015
Page 2
On September 26, 2006 the City Commission approved the land use and zoning
change from "Duplex Residential" to "Restricted Commercial" and R-2 "Two -Family
Residential" to C-1 "Restricted Commercial", respectively. The approval also included a
restrictive covenant with a site plan that was proffered by the applicant(s). With the
subsequent adoption of the Miami 21 Code, the zoning designation went from C-1
"Restricted Commercial" to T6-8-O "Urban Core" transect zone.
FINDINGS
• The proposal before the Commission is a request for the release of the restrictive
covenant with associated site plan, dated June 21, 2006, and recorded on
November 11, 2006.
• The applicant(s) are requesting the release of the covenant, which limits the
development of the property by requiring that it be developed substantially in
accordance with the attached site plan, dated June 21, 2006, in order to develop
the subject property with the "construction of apartment housing consistent with
the property's existing T6-8-O zoning designation, pursuant to the Miami 21
Code".
• The T-6-8-0 allows development up to 150 dwelling units per acre, to a
maximum of 8-stories. Bonuses are not available for T6 properties abutting T3
properties. The lot is approximately 14,000 square feet with 100 feet of lot
frontage along SW 23rd Terrace.
• This property abuts T3-O on the north, south and east, and T6-8-O on the west.
• The abutting uses include an FPL substation to the north of the property; a two-
story office and single story duplex to the south; a two-story duplex to the east;
and a twelve -story multifamily structure to the west, fronting SW 37th Avenue.
• The original request for a land use and zoning amendment was based on the
applicant's desire to provide additional parking for their restaurant (El Rincon
Argentino), located on the NE corner of SW 37th Avenue and SW 23rd Terrace.
This restaurant is located diagonally from the property located at 3690 SW 23rd
Terrace.
• A review of the record indicated that there was considerable discussion on the
potential adverse effects on the abutting residential neighborhood, whereby the
applicants proffered a voluntary covenant, attached to the specific site plan.
• The site plan attached to the restrictive covenant depicted 25 surface parking
spaces for the restaurant, a small single story structure with perimeter
landscaping, and a fence.
Release of Restricted Covenant — 3690 SW 23rd Terrace
City Commission Documentation
Meeting Date: November 19, 2015
Page 3
• Approval of the requested amendments was predicated on the restrictive
covenant and attached site plan, and that any release of said covenant would
require City Commission action at a public hearing.
• The department has not reviewed a development proposal related to the request
for release of covenant.
RECOMMENDED ACTION
Staff acknowledges there are inherent constraints associated with the development of
this site, and the existence of non-traditional T3-O uses that abut the property on the
north and south. However, based on the record of the City Commission hearings, the
original restrictive covenant for the rezoning, and the absence of a formal development
proposal submitted for review, staff recommends denial of the request for the release of
the restrictive covenant for 3690 SW 23rd Terrace.
Attachment:
■ Recorded restrictive covenant and attached site plan dated June 21, 2006.
■ Legal description
■ Current Land Use and Zoning Transects
■ Aerial photograph
■ July 25, 2005 analysis for zoning change.
■ City commission Minutes; July and September 2006
AERIAL
0 70 140
280 Feet
L lit l 1 1 l I
ADDRESS 3690 SW 23 TERR, MIAMI, FL 33145
FUTURE LAND USE MAP (EXISTING)
•
ALMERIA AVE
SW 37,TH AVE
SEVILLA AVE
PALERMO AVE
a
U
•
SW 23RD TER
Residential
SW 24TH ST
SW 24TH TER
MALAGA AVE
70 140 280 Feet
i 1 1 1 i i i 1
ADDRESS: 3690 SW 23 TERR, MIAMI, FL 33145
MIAMI 21 MAP (EXISTING)
a
•
ALMERIA AVE
SEVILLAAVE
PALERM❑ AVE
MALAGA AVE
i
T6-8-O
L.
SW 23RD TER
T3-O
SW 24TH ST
SW 24TH TER
1
0 70 140 280 Feet
I 1 1 1 1 1 1 1 I
ADDRESS: 3690 SW 23 TERR, MIAMI, Ft. 33145
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 44 AND 45, IN BLOCK 7, OF MIAMI SUBURBAN ACRES AMENDED ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 73, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
"EXHIBIT B"
111111I 111I1111111111111111 I3111111I IIII IIII
C:.FAA 2006R 12251 ,1 8
uR E.1: 25102 P95 2137 - 2141; t5ess
RECORDED 11/16/2006 11:31:14
HARVEY RUVIU, CLEfiI'•. OF COURT
MIAMI-BADE CDUUTY• FLORIDA
This inakument pnspared by and
shouki be retuned 10:
Santiago P. Echamendla, tact.
Tew Cardenas. LLP
1441 BricksII Avenue
Four Seasons Tower, 15'° Poor
Miami, Florida 33131
(Space Above For Recorders Usa Only)
DECLARATION OF RESTRICTIONS
The undersigned, as Owner of the following described real property (the
"Property"), lying, being and situated in the City of Miami, Miami -Dade County, Florida,
and legally described as:
Lot 44 and 45 in Block 7 of MIAMI SURBURBAN ACRES AMENDED,
according to the Plat thereof, as recorded In Plat Book 4, at Page 73 of
the Public Records of Miami -Dade County, Florida.
Street Address: 3690 Southwest 23`d Terrace
IN ORDER TO ASSURE the City of Miami that the representations made to
them by the Owner regarding Application No. LU-2005-08 (as to the proposed land use
change) and Case No. 2005-0980 (as to the proposed rezoning) will be abided by, the
Owner, its heirs, successors and assigns, freely, voluntarily and without duress makes
the following Declaration of Restrictions covering and running with the Property:
That this Declaration shall become final and shall be recorded in the
Public Records of Miami -Dade County, Florida and is subject to and
conditioned upon the issuance of a final non -appealable approval of the
City of Miami Commission, of the rezoning of the Property from R-2 (Two -
Family Residential) to C-1 (Restricted Commercial).
II. Notwithstanding the land use and zoning applicable to the Property, the
use of the Property shall be limited as follows:
A. That the Property shall be developed substantially in
accordance with the attached site plan, dated June 21, 2006,
proposed by Engineering and Construction, S.A. Corp,
Book251 a2/Page2137 CFN#20061225118
Page 1 of 5
N.
V.
Vi.
comprising of two (2) pages and attached as Exhibit "A" and
on file with the City of Miami Office of Hearing Boards.
Covenant Running with the land. This Declaration on the part of
the Owners shall constitute a covenant running with the land and
shall be recorded in the public records of Miami -Dade County,
Florida and shall remain in full force and effect and be binding upon
the Owners, and their heirs, successors and assigns until such time
as the same is modified or released. These restrictions shall be for
the benefit of, and limitation upon, all present and future Owner of
the real property and for the public welfare.
Modification, Amendment, Release. This Declaration of
Restrictions may be modified, amended or released as to the land
herein described, or any portion thereof, by a written instrument
executed by the then current Owner of the Property, including
joinder of ail mortgages, if any, provided that the same is also
approved by the City of Miami, Florida, after public hearing at the
expense of Owner. The public hearing shalt, at a minimum, afford
notice to all property owners within 500 feet of tho Property shown
on the Miami -Dade County tax rolls on the date of application. Any
modification, amendment, or release shall be in a form acceptable
to the Director of the City of Miami Department of Planning and the
Zoning Administrator, and in a legal form acceptable to the City
Attorney.
Enforcement. Enforcement shall be by action against any parties
or person violating, or attempting to violate, any covenants. The
prevailing party in any action or suit, pertaining to or arising out of
this Declaration, shall be entitled to recover, in addition to costs and
disbursements allowed by law, such sum as the Court may adjudge
to be reasonable for the services of their attorney. This
enforcement provision shaft be in addition to any other remedies
available at law or in equity or both, but this provision shall not
authorize the granting of attorney's fees against the City of Miami, a
Florida municipal corporation.
Election of Remedies. All rights, remedies and privileges granted
herein shall be deemed to be cumulative and the exercise of any
one or more shall neither be deemed to constitute an election of
remedies, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies or privileges.
Book251021Page2138 CFN#20061225118
Page2of5
VII.
Vail.
Ix.
Witnesses:
Authorization to Withhold Permits of Inspections. In the event
any terms of this covenant are not being complied with, in addition
to any other remedies available, the City of Miami is hereby
authorized to withhold any further permits, and refuse to make any
inspections or grant any approvals, until such time as such
declaration is complied with.
Severabflity. invalidation of any one of these covenants, by
judgment of Court, in no way shall affect any of the other provisions
which shall remain in full force and effect.
Recording. The Owner, at its own cost, shall record this
Declaration in the public records of Miami -Dade County, Florida
immediately upon the expiration of the appeal period, which is thirty
(30) days from execution by the Mayor following acceptance and
approval by the City of Miami Commission. The Owner shall
furnish a recorded copy of the Declaration to the Department of
Nearing Boards within thirty (30) days of its recordation.
Owner:
2
CINCO MIS CORPORATION
L.c`ZY
Print N v
(Print Nome
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI-DADE
A Florida Corporation
lanl, its President
The foregoing instrument was acknowledged before me this /b day of
Ocir , 2006, by Ileana DeMarziani, as President and on behalf of Cinco M's
Corporation, who is personally known to me or produced valid driver's licenses as
identification.
My Commission Expires:
KEITH FI. HOELZEI
7J1!1t5Sert4► i,G 219t271
€>!II',FS: February, 28, 200B
Z/Z0i
Notary Public
Sign Name: z t , z4-e
Print Name:
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ANALYSIS FOR ZONING_CHANGE
Approx. 3690 SW 23r`' Terrace
CASE NO: 2005-0980
Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for an
amendment to the Zoning Atlas as follows:
The request is to change the Zoning designation as follows:
The subject property consists of two lots fronting SW 23rd Terrace (Complete legal
description on file at the Hearing Boards Office), from R-2 "Two -Family
Residential" to C-1 "Restricted Commercial".
The following findings have been made:
It is found that to the north, south and east of the subject lots the area is designated
R-2 "Two -Family Residential."
• It is found that immediately to the west, the area is designated C-1 "Restricted
Commercial."
• It is found that the character of this section of SW 23`d Terrace is residential,
specifically R-2 "Two -Family Residential."
It is found that the change to C-1 "Restricted Commercial" is not a logical extension
of that zoning designation and will bring a more intense commercial use to a
residential street.
• It is found that a zoning change at this Iocation may set a negative precedent and
create a "domino effect" in regards to future zoning change applications.
• It is found that the actual R-2 "Two -Family Residential" designation allows 18
residential units per acre and the requested C-1 "Restricted Commercial"
designation will allow a maximum of 150 residential units per acre.
Based on these findings, the Planning Department is recommending denial of the
application as presented.
ANALYSIS FOR ZONING CHANGE
CASE NO. 2005-0980
Yes No N/A
✓ in harmony with Comp. Plan; does not require amendment.
In harmony with established land use.
Is related to adjacent and nearby districts.
Is within scale with needs of neighborhood or City.
Maintains similar population density pattern.
Existing district boundaries are illogically drawn.
Changes or changing conditions that make change necessary.
Positively influences living conditions in neighborhood.
Has similar impact on traffic; does not affect public safety.
Has similar impact on drainage.
Has similar impact on light and air to adjacent areas.
✓' = Has similar impact on property values in adjacent areas.
41 = Contributes to improvement or development of adjacent property.
El i✓I [ Conveys same treatment as to owners within same classification.
r r Property is unfairly limited under existing zoning.
Difficult to find other adequate sites in surrounding area.
City Commission
Meeting Minutes July 27, 2006
Lourdes Slrcyk (Assistant Director, Planning Department): PZ 7 is an amendment -- this is a
second reading ordinance as well -- to the parking requirements for the CBD (Commercial
Business District) for residential parking in order to allow for the exemptions for residential
projects within 600 feet of a ilfetrorail or People Mover station. This amendment is consistent
with our downtown DRI (Development of Regional Impact), which calls for reductions and caps
in parking in downtown in order to encourage more usership of the Metro system. It's been
recommended for approval by the Planning Advisory Board
Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants
to address the Commission on this item, please come forward. Seeing none, hearing none, the
public hearing is closed. Mr. City Attorney.
The Ordinance was read by tide into the public record by the City Attorney.
Chairman Gonzalez: All right. Do we have a motion?
Commissioner Haskins: So moved.
Vice Chairman Sanchez • Second
Chairman Gonzalez: We have a motion and we have a second. Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms, Thompson: The ordinance has been adopted on second reading, 5/0.
PZ.8 05-00652 ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 3690 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA,
FROM "DUPLEX RESIDENTIAL" TO"RESTRICTED COMMERCIAL;" MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
05-00652 Legislation.pdf
05-00652 Analysis.pdf
05-00652 Land Use Map.pdf
05-00652 & 05-00652a Aerial Map.pdf
05-00652 School Impact Analysis.pdf
05-00652 PAB Reso.pdf
05-00652 Application & Supporting Docs.pdf
05-00652 FR Fact Sheet 11-17-05.pdf
05-00652 FR Fact Sheet 12-01-05.pdf
05-00652 FR Fact Sheet 04-27-05.pdf
05-00652 Submittal.pdf
05-00652 FR Fact Sheet 06-22-05.pdf
05-00652 FR Fact Sheet 07-27-05.pdf
05-00652 Submittal Declaration of Restrictions.pdf
05-00652 Submittal Presentation.pdf
City of Miami Page 76' Printed nn 8/29/2006
City Commission
Meeting Minutes July 27, 2006
LOCATION: Approximately 3690 SW 23rd Terrace
APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Cinco M's
Corporation and Rincon Argentino, Inc.
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended denial to City Commission
on June 29, 2005 by a vote of 5-2. See companion File ID 05-00652a.
PURPOSE: This will change the above property to Restricted
Commercial.
Motion by Commissioner Regalado, seconded by Commissioner Spence•Jones, that this
matter be PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
Chairman Gonzalez: PZ 8.
Roberto Lavernia (Chief of Land Development, Planning Departnrent): PZ 8 and PZ 9 are
companion items. One is the facture land use map change and the other one is the zoning atlas.
It's for the property located at 3690 Southwest 23rd Terrace for Rincon Argentino Restaurant.
1t's a change from R-2 to C-1. This was in front of the Commission and was continued for the
applicant to work with the neighborhood. so I'm going to let the applicant give the result of that
meeting. Thank you.
Priscilla A. Thompson (City Clerk): And we just need a name for the record please. We need a
Mr. Lavernia: Roberta Lavernia of the Planning Department.
Ms. Thompson: Thank you.
Chairman Gonzalez: All right.
i'ice Chairman Sanchez: All right.
Santiago Echemendia: Good afternoon.
Chairman Gonzalez: Yes, sir.
Mr. Echemendia: Santiago Echemendia --
Chairman Gan cite:: Good afternoon.
Mr. Echemendia: -- 1441 Brickell Avenue, on behalf of the applicant. El Rincon Argentina.
With me is my colleague, Suzanne Beni; David Name (phonetic), who's setting up for us, with
Engineering and Construction Corp, and lleana and Miguel De Mariani, who are the owners of
El Rincon Argentina, which is located on Douglas and 23rd Terrace. This is a contextual and
aerial view of where the property is located. Again, it's on Douglas and 23rd. This is a
family -owned restaurant of over 20 years. They're looking to expand or provide some additional
parking for outdoor seating. They don't have a place to put the parking. They do own a
property across the street immediately behind the — this is the property that you have in front of
you that is in red. It is across the street from El Rincon Argenlino, kind of catlycorner, as you
C lty of Miami Page 77 Primed on 8i2902006
City Commission
Meeting Minutes July 27, 2006
can see in the aerial. As you can see, there are a number of other more intense uses that already
kind ofjue into the residential area. You have this Major Use Special Permit on Douglas, which
is for 19 stories on top of the screen. You have the FPL (Florida Power & Light) substation that
goes much further immediately across the street, but for the FPL substation, we would have been
able to do the — through an SD-12, we would have been able to do the parking attendant to El
Rincon Argentina but unfortunately, we have the substation, A little further down you see the
Gables Terrace. which were immediately abutting, and that's a 13-story condo, so we are kind
of sandwiched in between the FPL substation. the 13-story condo, and an office building that's
immediately behind us, and what we're doing is providing surface parking again so that El
Rincon can expand This is the site where we would be providing the off-street parking. This is
the — a view of the restaurant from the property, where the parking would be. This is the FPI,
substation. To me, this is really the most telling picture. The one on the left is where the parking
would be. As you could see, it's surrounded by a I3-story parking garage, the office building in
the back, incompatible for a residential use, and then on the backside, you have that office, so it
is, again, surrounded on three sides by fairly intensive, incompatible uses for a single-family
residential. This is the east and southeast, so this is the only portion that's residential to the east
of us, and here is the condo that we are behind. Most important, just to recap from the last
hearing, Commissioner Regalado asked us to meet with Me Bloom, who's one of the abutting
property owners. We — in addition to meeting with Mr. Bloom on three — actually. on four or
five occasions, we've met with staff and incorporated all of their comments, including additional
parking a park -like setting. the quality of and type of landscaping. Wye altered the parking
plans so that dimensions conform to the applicable regulations, and have removed the handicap
space from this portion over to where the restaurant is. We met with Mr. Bloom on three
separate occasions, on the 20 — May 19, May 20, and June 21. We incorporated his ideas
entirely into the design, including maintaining a residential -like structure near his property, and
that's reflected in the site plan in front ofyou, and I'll get to that in a second which actually
transitions down from the commercial use, keeping larger trees intact in the area so that his view
of lleana's landscape is not altered and installing additional landscaping to maintain, to make a
park — as park -like as possible. In addition, we agree to place a 15.6foot heavily landscape
buffer will be installed on the property. Note that he already has an existing hedge. We are also
agreeing to install a five-foot CBS (Concrete Block and Stucco) wall on the perimeter of the
property abutting his property to further buffer any noise and/or light; a one foot iron
ornamental fence above it. and then extend the existing fence that runs along the front through
the back and up to the six -fool CBS wall, or five foot, with the one foot addition. In terms of the
lighting, it's really low, elegant lighting fixtures, 42-inch bollards, el cetera, and so there are
really — there shouldn't be any spillage of lighting into the abutting residential. The lighting that
you see on the right will be on the westernmost part of the property, which is abutting that kind
of canyon that we have surrounding the property. This is the site plan, and this is really kind of
the most important part of the site plan, and 1 apologize that it's not in color in your screen It's
in color in front ofyou. The portion on Mr. Bloom's properties that he rents out. the abutting
property would be on the right-hand side of the screen, so there's a 1 S foot buffer. We have
modified the site plan, so his idea was to push all of the parking away from him. As you can see,
we've done that. We've pushed the access away front him, all of the parking, and we've
maintained a residential structure !here so that it retains some sort of residential character, and
again, the li foot biller. with the wall, et cetera, so we've done — we've met with him
recurringly. We've met with staff: We've done everything possible. Staff is recommending
against because of the intrusion, but I think staff would tell you that, under Miami 21, what they
would propose for this site would be to transition down, not necessarily a single-family, but
something that can do a three- or four-story apartment building, which would probably have as
much parking as we are proposing on a surface parking lot, so in light of our efforts, titre have
worked very, very hard with Mr. Bloom indeed He had seen our site plan and was convinced
and was happy and elated We went to celebrate at his place, and then, for some reason, he got
a little bit of cold feet and decided that he wasn't in favor, but in light of all our efforts, we've
done everything possible. Reconstructed the entire site plan. and the need that El Rincon
f rgentino faces relative to the competition that they have in the Gables and the, fact that they've
City of Miami 1'ot it 78 Printed on 812912006
City Commission
Meeting Minutes July 27, 2006
been around for a long time, we would greatly urge you to -- we are tied to the site plan by way
of a covenant, solve would urge you to please approve the application.
Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to
speak on this item, please come forward.
Vice Chairman Sanchez: There's no opposition on this item?
Chairman Gon die:: Is there any opposition on this item? Seeing none, hearing none, bring it
back to the Commission. Commissioner Regalado.
Commissioner Regalado: Thank you very much, Mr. Chairman. I have requested four tunes this
item to be defer, and the reason was that, first, rst, 1 wanted to understand the whole situation, then
there were some residents that express some concerns, and after the meetings took place, the
plans changed totally and radically, and what was proposed on the first presentation is totally,
totally different than is what is been presented here. As we speak, the Miami Parking Authority
is doing a study in Coral Way. We do not have parking in Coral Way, and one of the issues that
we are having is that the restaurants that are coming up in Coral Way and the -- there are two,
three, four new restaurants from 17th to 37th Avenue, and on 37th Avenue, there are two new
ones of Coral Way_ Some of the custom — they valet parking, and some of the cars are being
parked in residential areas. This is the case with this restaurant, as well as other restaurant, but
one of the things that really caught my eye was when 1 met with the staff because 1 really wanted
to understand what this was all about, and they show me the — what Miami 21 propose for this
site. exactly this site, and it's next to 37th Avenue. next to this 1 story building, and it's a
four-story building, and — so that change that Miami 21 is proposing will completely dwarf the
residential area of the area. That transition and all that, that's a discussion for another day, but
it was — that is what has been proposed. The plan presented now had all the requirement that
some — that most of the residents requested, and number one, was not to have the parking all the
way in the back because bad people could congregate there, but to demolish half of the duplex
and keep one house as a residential area emblem and have the other pan of the lot as parking,
and also move the parking away from the next home. They have proposed that, and if they
present that covenant, which they have offer with this plan, which mean that they have to stick to
this plan or else, I am ready to move the ordinance, PZ 8.
Mr. Fernandez: 8.
Chairman Gonzalez: All right. We have a motion --
Commissioner Spence Jones: Second
Chairman Gonzalez: — and we have a second, It's an ordinance. Mr. City Attorney.
Vice Chairman Sanchez: Discussion. Discussion on the item
Chairman Gonzalez: All right, discussion,
Vice Chairman Sanchez: Now, Planning recommended denial?
Mr. Fernandez: Yes, Planning recommended denial.
Vice Chairman Sanchez: PAB (Planning Advisory Board) board recommended denial?
Mr. Fernandez: Also.
Vice Chairman Sanchez: So this comes to us across-the-board denial. 1 am shocked I ant
City itj',t halm Page 79 Primed on 8129/2006
City Commission
Meeting Minutes July 27, 2006
shocked that I don't see Miami Neighborhoods United up here and all the homeowners
associations opposing this because if there's ever been an intrusion into a neighborhood this is
so I -- you know, Pm shocked that you stand up for some developments and then, when you
have something like this that clearly got plenty of opposition — you reached zoning, something
from commercial —front restricted to commercial. clearly, this is going the opposite of what
we're trying to accomplish with Miami 21, and it --1 mean -- you know, I'm shocked. I'm
honestly, shocked. 1 can't understand it. Please, come up and tell me why you're not fighting this
Judy Sandoval: I wilt
Vice Chairman Sanchez: — please, because I'm shocked
Ms. Sandoval. Judy Sandoval, 2536 Southwest 25th Terrace. Pm also in the Coral Way NET
(Neighborhood Enhancement Team) district and usually, I support the Golden Pines. This is in
the neighborhood of Golden Pines, and I was prepared to do so today, except that I agree with
Mr. Regalado about the changes that have been made. les all on one story. There are these
very high buildings in the neighborhood anyway, and there are things before this Commission
today, which are much more serious ingressions into residential neighborhoods by commercial,
and there will be people here today opposing them, but Douglas is already so built up, and I
happen to think Rincon Argentina (sic] is a very good restaurant —
Vice Chairman Sanchez: I didn't say anything about the restaurant.
Ms. Sandoval: — and — right.
Vice Chairman Sanchez: They got great steaks.
Ms. Sandoval: I'm just saying, you knoif' -- but --
Vice Chairman Sanchez: That's irrelevant.
Ms. Sandoval: — I think that --
Vice Chairman Sanchez: I like the steak.
Ms, Sandoval: — the recommendations and the landscaping and the evident satisfaction of the
neighborhood's complaints have changed my mind. so I'm not opposing it —
Mr. Echemendia: Thank you.
his. Sandoval: — and 1'm, of course, in Miami Neighborhoods United. I'm sort of a neighbor.
and if none of the residents are here to go against it, why should I? I agree with my
Commissioner. Thank you.
Commissioner Regalado: And ill may —
Vice Chairman Sanchez: I was just shocked. That's all.
Commissioner Regalado: Please. No —
Vice Chairman Sanchez: Because this is not —
Commissioner Regalado: If I may?
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City Commission
Meeting Minutes July 27, 2006
J 1z r 'batman Sanchez: Sony. tin not done. This is not rezoning with a street in the middle,
giving plenty of bi ffer into residents. This is changing the zoning, and right nest door you have
an R-I, but I'm -- listen, Pve been shocked before in this Commission.
Cvtmnissioner Regalado: I --
Chairman Gonzalez: Commissioner Regalado, you're recognized.
Commissioner Regalado: IjI may, the reason that, after four deferrals, this come is that they
vi ere told. and they dirk to meet with all the residents. Right across that property there is a
Florida Power t Light substation, which is actually a safety issue for whoever lives there, and I
was shock when I was told by the staff that when Miami 21 comes to this quadrant, they would
recommend four stories next to that home. which is in R-1. 1 was really shock because of that,
and the residents requested what they've done, and now the parking situation, hopefully, will be
better, and no cars will be park in front of driveways, as many complaints that we get in that, but
1 think that it's an issue that we have to discuss. and I'm very happy that you're shock for these
changes because we are going to deal with several ones this afternoon here at this Commission
meeting, so I just — I was told by staff that the reason that they recommended denial was that
they couldn't take the covenant, but with this covenant, there is no way that they can change, at
all, those plans or else. Is that what you told me, right?
Mr. Lavernia: Yes, sir. that's absolutely correct The petition is a change to restricted
commercial, so the Planning Department —
Vice Chairman Sanchez: That's --
Lavernia: — recommends denial of commercial intrusion into residential.
Lice Chairman Sanchez: OK, but that's the only thing that leans me to support it, because if this
project doesn't go through, then it reverts back
Mr. Lavernia: Yes. sir.
Vice Chairman Sanchez: OK.
Mr. Lavernia: There is -- they are proffering a covenant that is going to be attached to the land.
Chairman Gonzalez: Al! right. Anyf trther discussion? Mr. City Attorney, read the ordinance.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Gon_alez: Roll call, please.
Ms. Thompson: Roll call.
,4 roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 5/0.
PZ.9 05-00652a ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
Proge 81 Printed on 8/29/2006
City of Miami
City Commission
Meeting Minutes July 27, 2006
FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED
COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3690
SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
05-00652a Legislation.pdf
05-00652a Exhibit APDF
05-00652a Analysis.pdf
05-00652a Zoning Map.pdf
05-00652 & 05-00652a Aerial Map.pdf
05-00652a ZB Reso.pdf
05-00652a Application & Supporting Docs.pdf
05-00652a FR Fact Sheet 11-17-05.pdf
05-00652a FR Fact Sheet 12-01-05.pdf
05-00652a FR Fact Sheet 04-27-06.pdf
05-00652a FR Fact Sheet 06-22-06.pdf
05-00652a FR Fact Sheet 07-27-06.pdf
05-00652a Submittal Declaration of Restrictions. pdf
05-00652a Submittal Presentation. pdf
LOCATION: Approximately 3690 SW 23rd Terrace
APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Cinco M's
Corporation and Rincon Argentina, Inc.
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended denial to City Commission on July 25, 2005
by a vote of 7-0. See companion File ID 05-00652.
PURPOSE: This will change the above property to C-1 Restricted Commercial.
Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this
matter be PASSED ON FIRST READING PASSED by the following vote.
Voiles: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones
Chairman Gonzalez: PZ9 is a companion item. Anyone in opposition of PZ.9? Seeing none,
hearing none, the public hearing is closed; comes back to the Commission.
Commissioner Regalado: Mr. Chairman, I move PZ 9 on first reading.
Chairman Gonzalez: We have a motion,
Commissioner Spence Jones. Second
Chairman Gonzalez: We have a second.. It's an ordinance, Mr, City Attorney.
Jorge L. Fernandez (City Attorney); Yes, and with this one is where the covenant is being
proffered, but the appropriate time, of course, would be at second and final reading, but we
already have copy of the covenant and we are reviewing it, and this is an ordinance of first
reading.
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City Commission
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The Ordinance was read by title into the public record by the City Attorney.
Chairman Gon_rrler: Roll call. please.
Priscilla A. Thompson (City Clerk): Roll cull.
.4 roll call was taken, the result ofwhich is stated above.
Ms. Thompson: The ordinance has been passed on first reading. 5/0.
Santiago Echemendia: Thank you.
PZ.10 06-00155a ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF
THE PROPERTIES LOCATED AT APPROXIMATELY 1950 NORTHWEST 1ST
AVENUE AND 1905 NORTHWEST 1ST COURT, MIAMI, FLORIDA. FROM
"GENERAL COMMERCIAL" AND "INDUSTRIAL" TO
"RESTRICTED COMMERCIAL," MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES: CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE: AND PROVIDING FOR AN
EFFECTIVE DATE.
06-00155a Legislation.pdf
06-00155 & 06-00155a Exhibit A.pdf
06-00155a Analysis.pdf
06-00155a Land Use Map.pdf
06-00155. 06-00155a & 06-00155b Aerial Map.pdf
06-00155 & 05-00155a School Impact Analysis.pdf
06-00155a PAB Reso.pdf
06-00155a Application & Supporting Docs.pdf
06-00155a FR Fact Sheet 03-23-06.pdf
06-00155a FR Fact Sheet 04-27-06.pdf
06-00155a FR Fact Sheet 05-25-06.pdf
06-00155a FR Fact Sheet 06-22-06.pdf
06-00155a FR Fact Sheet 07-27-06.pdf
LOCATION: Approximately 1950 NW 1st Avenue and 1905 NW lst Court
APPLICANT(S): Javier F. Avino, Esquire, on behalf of A-1 Management
Corporation
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended approval to City Commission
on February 1, 2006 by a vote of 5-0. See companion File ID
06-00155.
PURPOSE: This will change the above properties to Restricted Commercial for
the proposed Avenue One Major Use Special Permit.
( cif .1h[1+r0+
Mow Pr-inlet'on 8.29'2006
City Commission
Meeting Minutes September 28, 2006
PZ
ooki
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 3690 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA,
FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
05-00652 Legislation.pdf
05-00652 Analysis.pdf
05-00652 Land Use Map.pdf
05-00652 & 05-00652a Aerial Map.pdf
05-00652 School Impact Analysis.pdf
05-00652 PAB Reso.pdf
05-00652 Application & Supporting Docs.pdf
05-00652 FR Fact Sheet 11-17-05.pdf
05-00652 FR Fact Sheet 12-01-05.pdf
05-00652 FR Fact Sheet 04-27-05.pdf
05-00652 Submittal.pdf
05-00652 FR Fact Sheet 06-22-05.pdf
05-00652 FR Fact Sheet 07-27-05.pdf
05-00652 Submittal Declaration of Restrictions.pdf
05-00652 Submittal Presentation.pdf
05-00652 SR Fact Sheel.pdf
05-00652 SubmittaLpdf
LOCATION: Approximately 3690 SW 23rd Terrace [Commissioner Tomas
Regalado - District 4]
APPLICANTS): Santiago D. Echemendia, Esquire, on behalf of Cinco M's
Corporation and Rincon Argentine, Inc.
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended denial to City Commission
on June 29, 2005 by a vote of 5-2. See companion File ID 05-00652a.
PURPOSE: This will change the above property to Restricted
Commercial.
Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Haskins
12841
Chairman Gonzalez: All right. PZ.11 is a second reading ordinance.
Roberto Lavernia (Chief of Land Development, Planning): May 1?
Chairman Gonzalez:: Yes, sir. Go ahead.
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Meeting Minutes September 28, 2006
Mr. Lavernia: It's a second reading for the change from duplex residential to restricted
commercial for — the applicant is Rincon Argentine Restaurant. We present — fully present this
at the first reading, and just -- I want to put on the record that the applicant has been working
with the Planning Department for a long time, and what you saw is the final result, and we are in
agreement with the proposal [sic] plan. Thank you.
Chairman Gonzalez: All right. This is a public hearing: Anyone from the public — is there
opposition to this item? Yes, sir:
Leo Bloom: Is he going to go first?
Chairman Gonzalez: Yes, sir. Go ahead.
Mr. Bloom: No. Is he going to go first?
Chairman Gonzalez: No. He already did a presentation. You want to put —
Mr. Bloom: Oh, he did?
Chairman Gonzalez: — something else on the record now or --
Mr. Bloo,n: Oh, I see.
Santiago Echenrendia:: I'd be happy to allow Mr. Bloom to —
Chairman Gonzalez.: To allow him — all right.
Mr. Echemendia: — make his comments, and then well rebut, if necessary.
Chairman Gonzalez: Go ahead. and then he will rebuttal if he has a --
Vice Chairman Sanchez: All right. Sir, when you give me a copy, could you present with the
City Clerk a copy when you're done? Here, 1-- give it to me and I'll take it to her.
Chairman Gonzalez: Yes, sir.
Mr: Bloom: You're ready for me?
Chairman Gonzalez: Yes, sir, we're ready.
Mr. Bloom: OK. I've been here a few times already and just trying to keep things from changing
in my area.
Ms. Thompson. 1 just need your name and address, sir, for the record.
Mr. Bloom: All right. My name is Leo Bloom. I live al 3670 Southwest 23rd Ten -ace. I came
here 60 years ago, and left the military and moved to 3670; been there 60 years. Been working
hard selling ice cream on the street, cutting down big trees; finally got enough money to get
some property. It happens to be right next to 3690. I own the property that's five feet away. You
see the picture there. the layout of the houses. I own five houses all in a row, so anybody says
you can control who lives next door to you, which is nice. I got wonderful neighbors; they're
friends of mine; some of them been there 20 years. Now anything going on next door will affect
this pretty badly. I met with these people. First, let me tell you, there was illegal parking on the
other side of the duplex. You see the duplex? Previous owner was parking there. He put a fence
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City Commission Meeting Minutes September 28, 2006
down the middle. in the back. I didn't know it. He had a little business there and he was parking
there, but there's three or four people. Now, when these people bought this property, they, had
their people going into that parking. They had a sign „Parking for the Restaurant. " Now, when
I met with these people, they started off -- first of all, they didn't show me the plans at a previous
meeting before the Commission. We were here from 10 o'clock in the morning till 7 at night, and
we were presenting — well, not much presenting. There was only two Commissioners here, and
during the proceedings, it came up that the plans was shown through the duplex on the corner,
which is right next to this property here, so 1 said, I didn't see the plans, so we were sent
packing; they show me the plans. Well, when they showed me the plans. 1 sat down and I'm
looking at it, and the attorney comes up with the question, "what don't you like?" what I should
have said was 1 don't like the parking lot next door, but he was nice. I'm not an attorney. Maybe
the attorney, would have told me to not even see him. I answered his question. I don't like this
7-foot wall going next to my property. Four -foot --140 feet long, OK. They're going to lower
the fall. Next question they come up with, what don't you — now what you don't like? Well, I
don't like this. 1 don't like them taking down the big trees. Well, we're going to landscape it, put
new trees in, so all these questions are coming along and I'm sitting here and I'm saying, God
almighty, here I am designing their parking lot. Now would you say that's a little on the devious
side? I don't have an attorney advising me. Now there's no — no matter what they did to the
parking lot. I still didn't want it next door, OK. Now that being said, there were three things
that concern me, I would never agree to a parking lot right next door for three different reasons,
the main reason, the value of my property. I have nothing to gain. Who knows how much it'll go
down, 50,000? They assess my property — this last time they assessed it 50,000 on each
property, so I have to pay taxes on those five properties. Heavens alive, 1 can't even raise the
rent on these people. They can barely make it. They can't come down here with me and make
speeches and everything; they're working now. My son had to go to the doctor today, OK.
That's one item; vahte of my property. Now, the second concern I have, this type q foperation
next door is the kind of operation does not close at 5 o'clock at night. After 5 o'clock when it
gets dark, things light up, people coming in, cars driving in and out, doors slamming, engines
racing up and down, and alarms going off Talking about alarms. Last Thursday night, 12:30,
after midnight, I hear this rattling in the house. I'm wondering is it a noise in my refrigerator.
I'm going around and finally worked my way to the door, and I'm hearing -- I open the door and
to and behold, there's an alarm going on down the street at the restaurant. I figured, well,
alarms go off. You know, some of them go off right away. This thing is going for a half-hour. till
1 o'clock in the morning. I'm just wondering, why don't they turn it off, Maybe someone was in
there; they're washing the pots and pans from the restaurant and they didn't hear it. Now, if this
was in the parking lot near us, there's a big building right there, 12 story building. You'll see it
right there. The vibration, who knows what.
Chairman Gonzalez: We need you to please, you know, conclude your presentation. You —
Mr. Bloom: I'm almost done.
Chairman Gonzalez: OK
Mr. Bloom: OK My third concern. Now this is really in a side street. Take a look at the
property there. Right next w it, on the right, the big building —
Chairman Gonzalez: Right.
Mr. Bloom: in the back, they're going to have the walls, dark -- you see my picture dark I took
down the street. On the right side is the Florida Power & Light nicely landscaped 200 feet,; la's
opposite us. It's opposite the duplex. The restaurant is down on the corner, not even directly
across, so actually, the restaurant is 80 feet away. Pm closer than the restaurant. I got one
house five feet away, another fifty feet away, and two of them a hundred feet away, so it's your
decision, what you're going to do, and that's about all I have to say.
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Meeting Minutes September 28, 2006
Chairman Gonzalez: Thank you.
Judy Sandoval: Can 1 speak to this issue?
Chairman Gonzalez: Sure. Madam, City Clerk, lets set the clock at twa minutes for a speaker.
Go ahead, Judy. How you're doing?
Judy Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. This is very close to my
neighborhood, and I have a question. 1-- is this restaurant that's concerned the Rincon
Argentina? OK. I was at -- in fact, I spoke at the first reading, and the lawyer -- my second
question is, is this the same gentleman that was discussed in the first reading? Because the
attorney said that there was only house that was affected, and that the gentleman agreed to
having the restaurant and the parking lot and all that stuff Is this the same gentleman that
supposedly agreed with the project?
Commissioner Regalado: I can answer that, and --
Ms. Sandoval: No. Yeah.
Commissioner Regalado: I can answer that. You were here, I was here, and what you're saying
is what really happened. This item had been deferred five times, and I ask to be defer until they
met with all the residents, which, in fact, is Mr. Bloom and other resident, his son, his wife, other
residents in the area, until they met with the people from the condo next door. The report that
we had is that they did all that was requested by the neighbors. For instance, the — there was a
fence or a concrete fence that was going to be too high: they didn't want it. They went down.
They didn't want parking next to the new — to their house that is occupied. They move the
parking. They didn't want lights up, so they decided to put lights on the floor. They didn't want
the whole house demolished so they decided that the house will not be demolished so it would
look sort of residential and have the parking lot in the back; only half of the duplex will be
demolished and the other duplex will be an office or — and the parking. As you just heard Mr.
Bloom, who I know for all the years that I've been here, because he has come here in many
occasions with several issues, and I remember when they were building that condo on 37th
Avenue, and the air condition noise and all that. As you just heard Mr. Bloom said that he
answer all the questions, and he made all the requests. In fact, he was designing the parking lot,
and he said, what — I made a mistake. What I should have said, I don't want the parking lot, but
he was being ask what you don't like? This. We'll fix it. What you don't like? This.
(UNINTELLIGIBLE). That's exactly what he said. At the end of the day, he doesn't want the
parking lot. The whole thing came about with this issue precisely for a problem that which have
in the Coral Way area. That restaurant has been there forever, and in fact, I never been at that
restaurant, but I know for the complaints of the people on 23rd and 24th and 24th Terrace that
because of the restaurant not having parking, people park on — in front of the houses on
residential street on 24th. They do not cross 37th Avenue because two reasons: It's very
dangerous and also it's Coral Gables and the parking meters in Coral Gables run until like 10
p.m., and people just don't want to start putting coins and watching the -- they watch to see if'
their meter is over, so all the overflow parking from the restaurant went to the residential area,
the same thing that we have with the restaurant on 32nd Avenue and 23rd, the club that is
operating there. This Commission. this Administration never had to do anything with that
restaurant. That restaurant has been there for, 1 don't know,l guess 20 years or something like
that. None of us were here, but the fact is that we inherit the problem,, and then they decided to
do something apparently bought that property. When the — on the first reading -- you were here
and Leo was here -- there was a covenant that that property would revert 10 residential (fever
it's not used as parking, and that the house cannot be demolished That was the reason that I
approve for twa reasons the reasons of the parking overflow throughout the area and the reason
of the property owner doing what the residents wanted. We just heard Mr. Bloom, that he said,
Cio, of Miami
Page 8I Printed on 10/23/2006
City Commission
Meeting Minutes September 28, 2006
well, you know, I should have said from the beginning, I don't want a parking, but he was
guiding those people, and frankly, the reason that I wanted to defer that item so many tunes and
did is because 1 didn't like, at all, the first plan. As they move forward and comply with all the
residents' requests at that time, I thought it was a win -win situation. We have a situation also,
which Mr. Bloom is showing here, which is the Florida Power substation. None of us had
anything to do with that, but it's on a residential street. It's right in front this property. It's
fronting this residential property. At night, it's very dark. During the day., it's very nice,
landscaping and all that, but at night it's very dark. It should be lit, and what is happening there
is the people are parking, and even creating problems in.front ont of the FPL (Florida Power &
Light) substation, so what we have to this street Is a very unique situation. We have a Florida
Power & Light substation that takes two lots, almost three lots, of the residential area, and
across the street, on the corner, we have this house, which was going to be demolished for a
surface parking, but because of the will of the resident, it will not be demolish, and it would be --
it will preserve the looks of a residential and have a parking in the area, and that's what 1 can
tell you the history of that. I am -- I don't know. Correct me if I'm wrong.
Mr. Bloom: I will.
Commissioner Regalado: OK.
Mr. Bloom: Can I do it from this podium? OK. When I met these people, 1 suggested to them --
I spoke to Ileana. I told her straight out, I said, look, if you take the halfof duplex away, you'll
have a whole 50 by 140 feet; do whatever you want there. I don't care if they put a 20-fool wall
there. No problem. You'll have your parking lot. The other half of the duplex use for your
storage. I will still be looking at a duplex and nothing will change, so here's what they want to
do. First of all, there's no parking on the street. They don't have that much business. Their lot
is full. They don't have that much parking. They want to get bigger. They want to put an
extension on their building. They want to have outdoor parking, which is going to -- not outdoor
parking, but outdoor eating. People that come to their restaurant, they want to smoke. They
can't smoke in the restaurant. You know, I've been talking to these people a long time, and I've
gotten a lot of information. That's what they want to do, so they go out and they eat out there
and smoke. Meantime, they're utilizing their parking spaces. They got to look for another place
to park. Where are they going to park? In a residential area by me and it's out of place. You go
by there at night and you see this place lit up. You'll say what the heck's a parking lot doing
over there? Then you look around for the restaurant. The restaurant is across the street on a
corner, so what do you do now? Now, what are they going to do? Twist me around and say,
hey, he wants that parking lot because he made these changes? I was there to get information
like they were there to get information from me. Now I'm not an attorney. Pr just a plain guy. I
read a lot. Not only that right here 1 have a declaration of restrictions. They told me it reverts
back to residential when they sell it, if they sell it. Right here. Covenant running with the land.
These restrictions shall be for the benefit and limitation upon al present and future owner of the
real property and the public welfare. That means the new owners will have it.
Commissioner Regalado: The new owner will have the limitation that these people have.
Mr. Bloom: It won't revert back to residential.
Commissioner Regalado: But they cannot build anything there. That's a parking. It's a parking,
it's a parking, it's a parking. They --
Mr. Bloom: Here's another --
Commissioner Regalado: — cannot build anything there.
Mr. Bloom: — thing. Modification of (UNINTELLIGIBLE) lease. Suppose they decide they
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want to put a two-story building there,
Chairman Gonzalez: They can't do it.
Mr. Bloom: Wait a minute. They can't do it?
Vice Chairman Sanchez: No.
Chairman Gonzalez: No.
Mr. Bloom: Right here, they can go before the Planning Board,
Vice Chairman Sanchez: No, sir.
Chairman Gonzalez: No.
Mr. Bloom: That is what Planning --
Commissioner Regalado: OK We —maybe the attorney or the plan — the Zoning director can
give us a hand here, because the covenant that we all heard was that's a parking. that's a
parking, it's a parking It's only going to be a parking, and they cannot build anything at all, so
maybe somebody can help understand
Mr. Bloom: Anyway, when I went to the Planning, 1 made ntv speech. One of the things they
said to the other guys on the board, they said, look, we don't want to have that zoning change
because who knows what's going to happen in the future? They'll have opportunities. Nothings
written in stone. The Zoning Board, the same thing, and they voted 710 about if, and that was
one of their main reasons. Once they gel a foothold in (UNINTELLIGIBLE), so there's a lot of
things — nothing's written in stone, you know that. This ordinance, that ain't written in stone.
Commissioner Regalado: Can you --?
Mr. Bloom: They're going change residential to --
Chairman Gonzalez: Could you please?
Mr-. Lavernia: The applicant is offering a voluntary covenant attached to a specific site plan,
and that's exactly what they have to do. The only thing they can do is what is in the plan that
they are offering, and in order to get rid of the covenant, they have to come in front of you and
you release the covenant.
Commissioner Regalado: How many covenants have been released at —
Mr. Lavernia: Not many.
Commissioner Regalado: -- in the last ten years that I have been here?
Mr. Lavernia: Not many. Just a few.
Commissioner Regalado: I think one, only one, because I check. I check when I learn. In the
last ten years I have been here, one covenant and I think it was because of hardship or
something like that, but one covenant has been — one question. Can we enforce the covenant? I
mean, can we --
Mr. Lavernia: Enforce is
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Meeting Minutes September 28, 2006
Commissioner Regalado: Enforce is --
Mr. Lavernia: -- about use and construction.
Commissioner Regalado: No. You cannot build anything and no, we will not give you any —
Mr. Lavernia: The only --
Commissioner Regalado: -- permits and no --
Mr. Lavernia: thing that —
Commissioner Regalado: — we will --
Mr. Lavernia: — they can build is what they offer in that plan that is attached to this covenant.
That's the only thing that they can build.
Jorge L. Fernandez (City Attorney): It will be prosecuted by the City under Code Enforcement
and other applicable laws if they put that to any other use other than that agreed to in the zoning
Mr. Lavernia: Just want to remind you that when somebody want to release a covenant„ they
have to come in, front of you, and have to be advertised, and notices have to be sent out so
everybody will know about it, and you are the only body that can release the covenant_
Commissioner Regalado: So can we hear from the attorney, to see if ---?
Chairman Gonzalez: Yes. Mi•. Echemendia.
Mr. Bloom: Can I say something else, just one more thing?
Chairman Gonzalez: Yes.
Mr. Bloom: OK
Commissioner Regalado: Go ahead.
Mr. Echemendia: Mr. Chair, Santiago Echemendia, 1441, on behalf of Rincon Argentino. Pm
here with lleana and Miguel De Marziani, who have been in this very arduous process for a
year. The first lime we were in front of this Commission was in November of 2005. The
Commissioner has done a formidable task of making sure that we engage the neighbor: that we
did everything possible. We've gone through three or four site plans. We've moved the parking
back. We've given a 20-foot setback. We've agreed to a wall. All of that is tied into the
covenant. The covenant actually attaches a site plan that retains half of the duplex that has the
wall that goes all the way back five feet with a little kind of iron rod feature. We've done
everything, everything possible. This is a fancily. This isn't a developer that's here on a new
project, et cetera, looking to — well to develop rightfully so, but this is a family that is a
hard-working family, that's had a restaurant that has a predicament. They've tried to address it
in the best way possible. I think they have to the point where I think even staff concedes we've
really done everything possible to make it compatible. In that light, we would greatly urge you —
in light of the comments at the last Commission meeting and the 5/0 vole, we would urge you to
again vote in favor of the application, and we appreciate all your efforts, Commissioner
Regalado.
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Commissioner Regalado: .first to make sure, the owners understand that what is there is the only
thing.
Mr.. Echemendia: It is the only thing, and as the City Attorney correctly pointed out, in order to
do anything derent, which is not the intent -- their intent is to continue operating the restaurant
would be to come back to the board, and as you pointed out, it's a hard road to get a covenant
modified in front of this Commission.
Vice Chairman Sanchez.- I'm OK with the covenant.
Chairman Gonzalez: Yeah.
Vice Chairman Sanchez: I'm OK with it.
Chairman Gonzalez: All right.
Mr: Echemendia: Thank you.
Chairman Gonzalez: Yes.
Vice Chairman Sanchez: I'm OK with the covenant.
Chairman Gonzalez: Done?
Commissioner Regalado: I'm sony?
Chairman Gonzalez: You done, Commissioner?
Commissioner Regalado: Anything else?
Mr. Bloom: Let me say one more thing.
Commissioner Regalado: Sure.
Mr. Bloom: Security. Visualize this thing. Here's the parking lot, walls all around, on the side
street, Across the street is Florida Power & Light, dark as hell. You got one opening here all
enclosed. People go drive in; isolated. Now, one of the meetings we said, you didn't like the
idea of them parking behind duplex. Security. Suppose some guys are coming in from out of
town; they want to go to a good Argentine restaurant. They find out about this restaurant, and
they come in; they drive in. There might be an attendant there, and they come out and eat. They
enjoyed the meal. Then they go back in and say, hey. this is opportunity to do damage. Suppose
the attendant has to go to the bathroom, nobody's there, and here they are, they come back, sit in
their car waiting for an opportunity. It could be scary. Just —
Chairman Gonzalez: Yeah.
Mr. Bloom: — go back there at night and see how isolated it is, so --
Commissioner Regalado: It is isolated, and one thing is Florida Power- & Light needs to address
the issue of the substation at night. I have been there at night, and yes, it is very dark that street,
although Florida Power & Light occupies almost a third of the block with a substation in the
area, and so -- you are from the condo building.
Chairman Gonzalez: Yes, ma'am.
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Meeting Minutes September 28, 2006
Karol Kempster: Yes. I'm --
Chairman Gonzalez: Your name and address for the record, please.
Ms. Kempster: I'm -- my name is Karol Kempster. I'm the property manager of Gables Terrace
Condominium, at 2351 Douglas Road. The membership in the association has all voted that they
do not want to have a parking lot next to their building, 108 units.
Chairman Gonzalez: Thank you.
Ms. Kempster: They don't want it.
Commissioner Regalado: Well --
Chairman Gonzalez: Thank you.
Ms. Kempster: I've been here five times. This is my fifth time in front of the Commission to
repeat in their behalf that they don't want it.
Commissioner Regalado: My understanding is that you objected to, 1 guess, the noise or the
fumes, but your — what abuts that property is your parking --
Ms. Kempster: We're --
Commissioner Regalado: -- three stories.
Ms. Kempster. -- underground.
Commissioner Regalado: I'm sorry?
Ms. Kempster: We're underground.
Commissioner Regalado: OK, but yott can see the parking lot.
Ms. Kempster: Yes, from the residence.
Commissioner Regalado: OK, so you —
Chairman Gonzalez: All right.
Commissioner Regalado: — you have a parking there.
Chairman Gonzalez: Thank you.
Commissioner Regalado: All right.
Chairman Gonzalez: Anyone else from the public? All right. We're closing the public hearing,
bringing it back to the Commission. Commissioner Regalado, it's your district.
Commissioner Regalado: 1'11 move for approval for second reading --
Chairman Gonzcilez:All right. We have a --
Commissioner Regalado: -- PZ.11.
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Chairman Gonzalez: — motion on PZ.1I.
Vice Chairman Sanchez: But based on the covenant, right?
Chairman Gonzalez: Yes.
Commissioner Regalado: Of course.
Chairman Gonzalez: Right.
Commissioner Regalado: No, no.
Vice Chairman Sanchez: Oh — I --
Commissioner Regalado: The covenant is —
Vice Chairman Sanchez: — would second it on — with the covenant.
Mr. Fernandez: The covenant comes in with item number 12.
Vice Chairman Sanchez: All right —
Chairman Gonzalez: Right.
Vice Chairman Sanchez: — but 1 want —
Mr, Fernandez: Yes.
Chairman Gonzalez: OK.
Vice Chairman Sanchez: — to know that the —
Mr. Fernandez: It's understood
Vice Chairman Sanchez: — covenant is there to protect the gentleman and the residents.
Chairman Gonzalez: All right. We have a motion and we have a second It's an ordinance, Mr.
City Attorney.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Gonzalez.: Roll call, please.
Ms. Thompson: Roll call.
A roll call was taken, the result of which is stated above.
M. Thompson: The ordinance has been adopted on second reading. 4/0.
RZ.12 05-00652a ORDINANCE
Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
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Meeting Minutes September 28, 2006
FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED
COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3690
SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
05-00652a Legislation.pdf
05-00652a Exhibit A.PDF
05-00652a Analysis.pdf
05-00652a Zoning Map.pdf
05-00652 & 05-00652a Aerial Map.pdf
05-00652a ZB Reso.pdf
05-00652a Application & Supporting Docs.pdf
05-00652a FR Fact Sheet 11-17-05.pdf
05-00652a FR Fact Sheet 12-01-05.pdf
05-00652a FR Fact Sheet 04-27-06.pdf
05-00652a FR Fact Sheet 06-22-06.pdf
05-00652a FR Fact Sheet 07-27-06.pdf
05-00652a Submittal Declaration of Restrictions.pdf
05-00652a Submittal Presentation.pdf
05-00652a SR Fact Sheet.pdf
LOCATION: Approximately 3690 SW 23rd Terrace [Commissioner Tomas
Regalado - District 41
APPLICANTS): Santiago D. Echemendia, Esquire, on behalf of Cinco M's
Corporation and Rincon Argentina, Inc.
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended denial to City Commission on July 25, 2005
by a vote of 7-0. See companion File ID 05-00652.
PURPOSE: This will change the above property to C-1 Restricted Commercial.
Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Haskins
12842
Chairman Gonzalez: P.Z 12 is also a second reading. It's also a public hearing. Yes, Mr.
Lavernia.
Roberto Lavernia (Chief of Land Development, Planning): Yes. Number 12 is a companion
zoning atlas change for the same property. We have the saute recommendation, and in --
Chairman Gonzalez: OK. Recommended for approval.
Mr. Lavernia: this case --
Commissioner Regalado: And it's --
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Chairman Gonzalez: All right. Anyone from the public that wants to speak on this item, please
come forward.
Commissioner Regalado: — the covenant attached to this —
Chairman Gonzalez: Right.
Commissioner Regalado: -- ordinance.
Mr. Lavernia: You --
Commissioner Regalado: OK.
li'r. Lavernia: — can put it as --
Commissioner Regalado: I move P —
Mr. Lavernia: -- condition.
Chairman Gonzalez: Seeing none, hearing none, public hearing is closed• comes back to the
Commission. Commissioner Regalado.
Commissioner Regalado: 1 move PZ.12 for second reading.
Chairman Gonzalez: We have --
Vice Chairman Sanchez: Second.
Chairman Gonzalez: — a motion to approve PZ.12 and we have a second. It's an ordinance.
Mr. City Attorney.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Gonzalez: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been adopted on second reading, 4/0.
Chairman Gonzalez:: All right. PZ 13,
Karol Kempster: Thank you very much.
Chainnan Gonzalez: Goodnight. Good afternoon.
Miguel De Marziani: Gracias. (Comments in Spanish not translated).
Ms. Thompson: Now do I have a name for the record on that one?
Chairman Gonzalez: Sir -- his name for the record and address.
(Comments in Spanish not translated).
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Mr.. De Marziani (as interpreted by Official Spanish Interpreter; Rene Ramos): Miguel De
Marziani.
Rene Ramos: He's nervous. What's —?
Mr. De Marziani: (Comments in Spanish).
Mr. Ramos: There you ga.
Chairman Gonzalez: All right.
Mr. De Marziani: Thank you —
Chairman Gonzalez: Thank you.
Mr. De Marziani: -- everybody,
Chairman Gonzalez: Thank you.
Mr. De Marziani: Thank you.
PZ.13 05-01536 ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF
THE PROPERTIES LOCATED AT APPROXIMATELY 1200 NORTHWEST 1ST
AVENUE AND 115 NORTHWEST 12TH STREET, MIAMI, FLORIDA, FROM
"MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED
COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
05-01536 Legislation.pdf
05-01536 & 05-01536a Exhibit A.pdf
05-01536 Analysis.pdf
05-01536 Land Use Map.pdf
05-01536 & 05-01536a Aerial Map.pdf
05-01536 School lmpcat Review Analysis.pdf
05-01536 PAB Reso.pdf
05-01536 Application & Supporting Docs,pdf
05-01536 FR Fact Sheet.pdf
05-01536 Submittal Letters.pdt
05-01536 Submittal Sect, 163.335 FL. Statutes,pdf
05-01536 Application Page 4 Replacement,pdf
05-01536 SR Fact Sheet.pdf
05-01536 Submittal 09-28-06.pdf
LOCATION: Approximately 1200 NW 1st Avenue and 115 NW 12th Street
[Commissioner Michelle Spence -Jones - District 5]
APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Royal Palm Miami
Downtown, LLC
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