HomeMy WebLinkAboutCC 2020-11-16 MinutesCity of Miami
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Meeting Minutes
Monday, November 16, 2020
9:59 AM
Special Meeting
City Hall
City Commission
Francis X. Suarez, Mayor
Keon Hardemon, Chair, District Five
Ken Russell, Vice Chair, District Two
Alex Diaz de la Portilla, Commissioner, District One
Joe Carollo, Commissioner, District Three
Manolo Reyes, Commissioner, District Four
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission
Meeting Minutes November 16, 2020
9:59 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chair Hardemon, Vice Chair Russell, Commissioner Diaz de la Portilla,
Commissioner Carollo and Commissioner Reyes.
On the 16th day of November 2020, 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
special session. The Commission Meeting was called to order by Chair Hardemon at 10:19
a.m., and adjourned at 11:41 a.m.
ALSO PRESENT:
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
Chair Hardemon: Everyone stand, please.
Invocation delivered.
Pledge of Allegiance delivered.
ORDER OF THE DAY
Chair Hardemon: Today's special meeting has been called for the purpose of discussing and
taking any and all actions related to using -- to allowing lodges -- I'm sorry, let me start that
over. Today's special meeting has been called for the purpose of discussing and taking any and
all actions related to allowing lodging uses on lands within the City of Miami designated
industrial and/or within the district zone, and any associated regulations, including but not
limited, to an ordinance amending Ordinance Number, 10544 as amended, the Miami
Comprehensive Neighborhood Plan. Pursuant to expedited state review procedures established
in Section 163.3184 of the Florida Statutes by adding two policies to the future land use
element and amending the interpretation of the 2020 future land use map Jroindustrial land
use to allow larger uses on lands within the City designated as industrial. And any amending
Ordinance Number 131114 -- I'm sorry, 13114, the Zoning Ordinance of the City of Miami,
Florida as amended, specifically by amending Article I, Section 1.1, titled, "Definitions of
Building Function: Uses, " to modify the definition of industrial by amending Article 3, Section
3.11, titled "Waterfront Standards, " to add lodging as a use considered for design standards;
by amending Article 4, Table 3, titled "Building Function: Uses, " to modify regulations for
density and uses for the district zone regarding lodging uses; by amending Article 4, Table 4,
titled `Density. Intensity and Parking," to provide regulations for density, intensity and
parking to address lodging uses within the D2, "Industrial" and D3, "Waterfront Industrial,"
transect zones within the district zone and by amending Article 6, Section 6.1, titled "Intent
and Exclusions," to provide supplementary regulations for the D2, `Industrial" and D3
"Waterfront Industrial" transect zones in Table 13. The members of the City Commission
appearing for this special City Commission meeting are Alex Diaz de la Portilla, Joe Carollo,
Manolo Reyes, Ken Russell, the Vice Chair, and me, Keon Hardeman, the Chair. Also
appearing are -- we have -- are Art Noriega, our City Manager, will be appearing remotely,
City Attorney Victoria Mendez, and City Clerk Todd Hannon. The special meeting will be
opened with a prayer by the Vice Chairman and the Pledge of Allegiance will be led by
Senator.
Vice Chair Russell: Thank you, Mr. Chairman.
[Later...]
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Chair Hardemon: Madam City Attorney, please state the procedures to be followed during this
meeting.
Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist
pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply
with related City requirements for lobbyists before appearing before the City Commission. A
person may not lobby a City official, board member, or staff member until registering. A copy
of the code section about lobbyists is available in the City Clerk's Office and online at
municode.com. Any person making a presentation, formal request, or petition to the City
Commission concerning real property must make the disclosures required by the City Code in
writing. A copy of the City Code section is available at the Office of the City Clerk and online
at municode.com. Pursuant to Section 2-330 and (g) of the City Code, the agenda and the
material for each item on the agenda is available during business hours at the City Clerk's
Office and online 24 hours a day at miamigov.com. Any person may be heard by the City
Commission through the Chair and upon registering pursuant to the published notice for not
more than two minutes and any proposition before the City Commission, unless modified by the
Chair. Members of the public wishing to address the body may do so by visiting
miamigov.comlvirtualmeeting to upload their two -minute video comments to be played during
the City Commission meeting or to submit their written comments via the online comment form.
The comments submitted through the comment form have been distributed to the elected
officials and City Administration throughout the day so that the elected official can consider
the comments prior to taking any action. Additionally, the online comment form will remain
open during the meeting to accept comments and distribute to the elected officials up until the
time the Chairperson closes public comment period. Members of the public may also call 305-
250-5353 to provide comments via the dedicated City of Miami public comment voicemail
where individuals will be able to leave a two -minute message that will be played during the
virtual Commission meeting. Members of the public may also pre -register to provide live
public comment by phone during the meeting. You may pre -register by calling 305-250-5350
or online at miamigov.comlgovernmentllivepublic-comment. All comments submitted will be
included as part of the public record for this virtual meeting and will be considered by the City
Commission prior to any action taken. Public comment may also be provided live at City Hall
at 3500 Pan American Drive, Miami, Florida subject to any and all COVID-19 rules,
regulations, and procedures. Speakers who appear in person will be subject to screening for
symptoms of COVID-19. Any person exhibiting any symptoms of COVID-19 will not be
permitted to enter City Hall. All interested parties are required to abide by all state, county,
and local emergency orders and are urged to remain at home and practice social distancing. If
the proposition is being continued to be scheduled, the opportunity to be heard may be at such
a later date before the City Commission takes action on such a proposition. When addressing
the City Commission, the member of the public must first state his or her name, his or her
address, and what item will be spoken about. Any person with a disability requiring assistance,
auxiliary aids, and services for this meeting may notify the City Clerk. Section 286.014(4)(c) of
Florida Statutes authorizes the City to prescribe procedures or forms for an individual to use
in order to inform the Board or Commission of a desire to be heard, to indicate his or her
support, opposition or neutrality on a proposition. The City, through its multiple comment
options, has provided five different methods to indicate, among other things, the public 's
support, opposition or neutrality on items and topics to be discussed at the City Commission
meeting. The public has been given the opportunity to provide public comment during the
special meeting and within a reasonable proximity and time before the meeting. The City has
also created a simple set of instructions explaining how the public may submit their comments
with either option. Those instructions are provided in the notice to the public via the City's
social media channels and published online at miamigov. com I virtualmeeting. Please note
Commissioners have generally briefed by City staff and the City Attorney on items on the
agenda today. The PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of
the Miami 21 Zoning Ordinance as temporarily modified pursuant to Emergency Ordinance
Numbers 13902, 13903, and 13914. Pursuant to Emergency Ordinance 13903 and 13914,
parties for any PZ items, including any applicants, appellants, appellee, City staff,' and any
person recognized by the decision -making body as a qualified intervener, as well as the
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Meeting Minutes November 16, 2020
applicant's representatives and the experts testifying on behalf of the applicant, appellant, or
appellee, may, either he physically present in City Hall to be sworn in by oath or affirmation by
the City Clerk, or may appear virtually and make arrangements to be sworn in by oath or
affirmation in person at their location by an individual qualified to perform such duty.
Pursuant to Emergency Ordinance No. 13903, members of the general public who are not
parties to an action pending before the City Commission are not required to be sworn in by
oath or affirmation. The members of the City Commission shall disclose any ex parte
communications to remove the presumption of prejudice pursuant to Florida Statute Section
286.015 and Section 7.1.4.5 of the Miami 21 Zoning Code. Staff will briefly present each item
you heard. If an application requires City Commission approval, the applicant will then
present his application or request to the City Commission. If the applicant agrees with the
staffs recommendation, the City Commission may proceed to its deliberation and decision.
The applicant may also waive the right to an evidentiary hearing on the record. The order of
presentation shall be as set forth in the Miami 21 Zoning Ordinance and the City Code,
providing that the appellant shall present first. For appeals, the appellant will present its
appeals to the City Commission, followed by the appellee. Staff will be allowed to make any
recommendation they may have. 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 Section 2-8 of
the City Code. Any documents offered to the City Commissioners that have not been provided
seven days before the meeting as part of the agenda materials will be entered into the record at
the City Commission's discretion. If any Commissioner thinks that the documents applied to
the Commission less than seven days before a merit of continuance, the item may be continued
by the City Commission. Anyone wishing to appeal any decision made by the City Commission
for any matter considered at this meeting may need a verbatim record of the item. A video of
this meeting may be requested at the Office of Communications or viewed online at
miamigov.com. Please silence all cell phones and other noise -making devices. This special
meeting can be viewed live on Miami TV at miamigov.com\TV, through the City's Facebook
page, on the City's Periscope channel, on the City's YouTube channel, and on Comcast
Channel 77. The broadcast will also have closed captioning. Commissioners, please confirm
you are comfortable with the notice provisions as set forth in these uniform procedures that we
have established for this special meeting.
Vice Chair Russell: Yes.
Commissioner Diaz de la Portilla: Yes.
Mr. Min: Thank you.
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PUBLIC COMMENTS FOR SP ITEM(S)
8231 DISCUSSION ITEM
Office of the City
Clerk
PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE
PUBLIC FOR THE NOVEMBER 16, 2020 SPECIAL CITY COMMISSION
MEETING.
RESULT: PRESENTED
Chair Hardemon: Yes, you're recognized, sir.
Todd B. Hannon (City Clerk): Chair, just so you're aware, we do have roughly three
minutes of pre-recorded public comment for the 9:59 a.m. Special City Commission
meeting.
Chair Hardemon: I'm opening up the floor right now for the pre-recorded comments
of the 9:59 Special City Commission meeting. You can play that now.
Mark Bailey: Mark Bailey, Miami River Marine Group, 3033 North River Drive,
Miami, Florida, 33142, speaking on File ID Number 7291 and ID Number 8040. The
Miami River Marine Group urges the Commission to remove all references of the
Miami River from the proposed amendments to the Miami Comprehensive Plan and
Miami's Zoning Code. While these proposed amendments may seem to be limited and
focused to the lower river, the long-range implications could have widespread and
long-lasting impact on Miami's working river. More careful study is needed. The City,
alongside unknown hotel development interests, seem to be pushing a hotel
development agenda for now. But now, more than ever, the City Commission should
continue your support for a more economically diverse city. The marine industry on
the Miami River is currently experiencing growth. With the expansion of shipyards
and new cargo shipping companies, the City of Miami should send a strong signal to
encourage this growth and remove all references to the Miami River within the
proposed ordinances allowing for hotel and lodging uses. The PZAB (Planning,
Zoning and Appeals Board) has recently recommended on two separate occasions
denial of changes to the zoning code waterfront industrial properties based in part on
the potential impact on Miami's Comprehensive Plan. We hope the Commission will
also take similar and appropriate action to remove the Miami River waterfront
industrial properties from the proposed amending ordinances today. Thank you and
stay safe.
Brett Bibeau: Honorable City Commission, good morning, Brett Bibeau, Managing
Director of the Miami River Commission, with offices located at 1407 Northwest 7th
Street, Miami, Florida, 33125. SP.1 and SP.2 are Citywide ordinances which would
hypothetically impact all parcels within the City of Miami which are zoned D1
(District 1), D2 (District 2), and D3 (District 3) with land use of industrial, for which
the parcels along the Miami River are a very small minority of the City's total
acreage. The subject citywide draft ordinance would require any riverfront proposal
for a hotel on a property zoned D3 would have to be considered on its individual
merits by the City Commission. Therefore, the Miami River Commission does not
have an advisory recommendation on today's agenda items. In the future, if a
riverfront D3 property owner applies to become a hotel, the Miami River Commission
would consider that specific site and proposal at that time in order to provide the City
Commission with our advisory recommendation. Your time and support for the Miami
River are appreciated.
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Chair Hardemon: Is there anyone from the public that would like to make a comment
on the 9:59 agenda? If you are here from the public, you may approach any of the two
lecterns, state your first name, your last name, you may state your address, and the
items that you are specifically for or against.
Roselvic Noguera: Good morning, my name is Roselvic Noguera, on behalf of
Antillean Marine, 3038 Northwest North River Drive, regarding items PZ.1 and PZ.2.
Antillean Marine has been in the Miami River since 1963. Today it's the largest
maritime shipping company in the Miami River, offering a full line service, including
trucking, warehousing, logistics, agency, and containers. We ship thousands of cargo
every week. Antillean generates about 300 full-time direct jobs, and we use local
providers to serve a lot of clients, generating thousands of indirect jobs every year.
Many other water -dependent companies have upgraded their infrastructure and
capabilities just in 2019 and 2020. New water -dependent businesses has been
established in the river recently, adding thousands of jobs. This is a multimillion
dollar industry, which contribution to the economy of the city is extremely significant.
This is an essential industry too. Even though the COVID-19 pandemic, we are still
here serving our clients. And most importantly, we were able to save thousands of
jobs. Despite this significance, the staff report presented to support these amendments
does not even contemplate the maritime industry. The working river is such important
that the Miami River should element expressly protect the industry from the
encroachment and incompatible uses. Any changes in the industrial uses in the river
must be carefully reviewed and must be reviewed separately due to the implications.
The encroachment of incompatible uses could irreversibly affect the viability of the
working river. We respectfully request the exclusion of the Miami River from these
amendments Otherwise, you could be promoting a gentrification process in the river
that will lead to the displacement of the maritime industry. Thank you for your
service. We count on you.
Chair Hardemon: Thank you very much.
Commissioner Diaz de la Portilla: I have a question.
Chair Hardemon: Go ahead.
Commissioner Diaz de la Portilla: Miss?
Chair Hardemon: Ma'am?
Commissioner Diaz de la Portilla: Ma'am?
Ms. Noguera: Yes.
Commissioner Diaz de la Portilla: You spoke -- I represent a big portion of the river
as you know. Explain to me how this would impact the viability of the river as you
said it.
Ms. Noguera: Sir, the working river --
Commissioner Diaz de la Portilla: Not the working river, the river.
Ms. Noguera: The river.
Commissioner Diaz de la Portilla: Yes.
Ms. Noguera: The whole river.
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Commissioner Diaz de la Portilla: Right.
Ms. Noguera: There are about 43, if I 'm not wrong. Here is my attorney that 1 would
like to introduce him to you. He will give you more on detailed explanations. There
are about 43 properties in the lower river that are industrial that would be reserved
for their purposes.
Commissioner Diaz de la Portilla: The viability of the river or the viability of your
industry?
Ms. Noguera: The viability of the whole working river.
Commissioner Diaz de la Portilla: Perhaps he can address the issue because --
Ms. Noguera: Yes.
Commissioner Diaz de la Portilla: Because I think there is a difference between the
viability of the river as a public policymaking agency that we are and the viability of
your industry.
Ms. Noguera: The viability of the industry.
Commissioner Diaz de la Portilla: Of your industry.
Ms. Noguera: The whole industry --
Commissioner Diaz de la Portilla: Right.
Ms. Noguera: -- because it's water dependent.
Commissioner Diaz de la Portilla: Of your industry.
Ms. Noguera: Yes, sir.
Commissioner Diaz de la Portilla: It's not our industry. It's your industry.
Ms. Noguera: The whole --
Commissioner Diaz de la Portilla: (INAUDIBLE).
Ms. Noguera: -- working river because the river is considered -- Miami River is
considered a working river.
Commissioner Diaz de la Portilla: I know the Miami River. I was born and raised
here. I know the river very well. So are we talking about the viability and the future of
our Miami River or of your industry in our Miami River -- on our Miami River?
Ms. Noguera: The future of --
Commissioner Diaz de la Portilla: There's a difference, right?
Ms. Noguera: -- of the whole working river.
Commissioner Diaz de la Portilla: So can you address -- can you address that issue,
what she meant by the viability of our river?
(COMMENTS MADE OFF THE RECORD)
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Commissioner Diaz de la Portilla: Okay. Whenever you have a chance, let me know.
Ms. Noguera: May I introduce?
Chair Hardemon: Thank you, Miss.
Ms. Noguera: Andrew Dickman. Thank you, sir.
Chair Hardemon: You're recognized, sir. You can take that one, if you like, the other
one.
Andrew Dickman: I'm just going to -- I'm about to choke. Good morning. I'll get to
your point if you let me make my presentation real quickly. Put the glass on here.
Good morning, Mr. Chair. And real quickly, congratulations on your elections and
blessings on your future endeavors. Members of the Commission, I am Andrew
Dickman, representing the Miami River Marine Group. You heard from Mr. Bailey,
who spoke earlier on the television, as well as Antillean Shipping. My' law firm is
located at 809 Walkerbilt Road, in Naples, Florida. I've asked the Clerk to hand out a
list of documents that I've put into the record. There's a stack of them. I don 't expect
you to read them all, but I do want to reference this list of documents. We oppose SP.1
and SP.2 in its current form. We ask that you follow the PZAB recommendation and
remove the river from this legislation. Staff has recommended upzoning all city
industrial land in the city because industrial is a minor segment, according to them, of
the city economy. However, staff does not recognize the thriving Port of Miami River
as a working waterfront. The data and law that 1 've introduced to the Clerk is already
available to the staff and I'll get to these documents in a minute. The point to that is
staff in their staff report has given you very high-level data, county data, citywide
data, on industrial lands that are, they claim, are a very minor part of the city, which
justifies adding lodging to it. That is -- does not -- that analysis does not include any
information data on the working river, the Port of Miami River. If this upzoning is not
intended to disrupt the Port of Miami River, then remove it. Remove it. If it is intended
to add lodging intentionally on the Port of Miami River properties in the lower river,
then be transparent and reveal the proposer and plans behind them. Lodging will
upzone illegally the Port of Miami River lands in the lower river. There are
approximately 44 legally protected properties in your comprehensive plan and the
Third DCA (District Court of Appeal) cases I litigated with the City, which
overwhelmingly support removing this Miami River from your legislation. I do want
to add that at the last reading of SP.1, Commissioner Reyes mentioned and he was
concerned about the working river, and he was given -- he was given assurances from
the City Attorney that recitals would be put into the legislation protecting it. I want
you to know that those recitals are not -- do not have the force of law. They're just
recitals. The only time they will come into play -- if I may, we're an interested party,
so I would ask for maybe one more minute, please. Those recitals will not do the
protection that you have asked for. In speaking to Mr. Bibeau's comments earlier, he
is not authorized to make any comments on this. The Miami River Commission has not
heard this item and they have not voted on this item. So, getting to Commissioner De
La Portilla [sic], your questions, which are good questions, there's one way in and
one way out of the river. It is legally in your comprehensive plan, the properties that
are listed, and there are 44 of them in this part of the river, that are legally designated
as the Port of Miami River. You have put into your comprehensive plan goals,
objectives, and policies that says you will encourage and promote the Port of Miami
River. The court cases that I mentioned, there's three of them from the Third DCA,
very specifically articulate what happens when you start fragmenting these properties.
This is not your typical port where you have one piece of property. That introducing
lodging will automatically, automatically become the highest use for this property and
will immediately turn developers towards this property and convert it from industrial
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Port of Miami River property to something else. It'll raise the taxes, it'll cause
anybody that oivns that property to tell their tenants, sorry, 1 've got to raise your rent.
But one thing 1 want to mention to you is that there are water -dependent and water -
related uses. There's a tugboat operation there, there are fisheries there, and one
thing I want to mention is, and the first number one item on this list is in TripAdvisor.
I did this yesterday, and it mentions Garcia's Restaurant, and all of the remarks on it
say it's a fantastic working river. If .you want to go to a restaurant and see a working
river, go to Garcia's. All of these other documents stand for the proposition that you
have a jewel of a working river, not just shipping, large shipping. You have large
yacht repair facilities. Just during this last storm, how many boats had to go upriver
to be protected? You start introducing lodging into one-third of this river, you are
going to be fitrther disrupting the operations of this river. So with that, I ask that you
do what your PZAB said, especially on SP.1, just remove the river entirely and then
you don't even have to go to SP.2, which is the zoning. 1 beg you, I don't want to have
to re -litigate this and deal with this again. You 've already made a decision about this
as a major policy decision in your comprehensive plan. Please protect it, and if
you 're going to pass the legislation, just remove the Miami River. And I'd happy to
answer further questions. Did that answer your questions at all?
Commissioner Diaz de la Portilla: Sort of
Mr. Dickman: Sort of? Okay, let me know if1 can get more specific.
Chair Hardemon: Mr. Vice Chairman?
Vice Chair Russell: Thank you. Mr. Dickman?
Mr. Dickman: Yes, sir.
Vice Chair Russell: Just to reiterate, who exactly do you represent and are you
registered to lobby for?
Mr. Dickman: I represent -- yes, I'm registered as a lobbyist. I represent Miami River
Marine Group, Antillean Shipping, and of course, you know Miami River Marine
Group is like a chamber of commerce for the working river.
Vice Chair Russell: Thank you. And in that lower half of the river, the 44 properties
you mentioned, how many of them are active, current, industrial river use properties
right now?
Mr. Dickman: On the -- it's the one quarter of it, the lower river. As far as active, I
have not driven those rivers. But I know that I have been a part of building that
particular map. I was part of that in 2010, which designated those as Port of Miami
River properties. Now, those properties can be changed. There's a pathway to change
those and take them out of the Port of Miami River. And to this day, no one has done
that.
Vice Chair Russell: So, we don't know how many of them -- because I want to see if
our decision is actually affecting existing businesses that are there who are tenants.
Mr. Dickman: Yeah.
Vice Chair Russell: Now, if they're existing businesses who are landowners and this
gives them an option, I don't see it as a negative effect on their business. If they're a
tenant, for example, and their landlord says, well, now there's a higher use that I can,
you know, obtain more money for, I'd recognize that. So I was looking for a little
analysis from your side on who this affects most directly. And I'll tell you why.
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Because at the lower part of the river where several of our districts overlap, there has
become more and more activity. As those sites get activated for both residential and
social uses, I believe there's a way for our river to, you know, to blend the both the
industrial and the residential uses. As the river walk goes as far as we can take it, we
want to see that we're able to preserve both. We want to see the working river thrive,
but we also want to see some activation, especially on some blighted properties that
are closer to the downtown core. So that's why I was just looking for what's existing
there right now that we would be damaging by this legislation.
Mr. Dickman: And that would be not only a good question for me, but your Planning
staff, they haven't done that analysis either. They've just told you citywide, industrial
is not important. Now your comments are well taken, and in fact, those are the same
comments I heard 15 years ago when the City -- and you weren't part of that at that
time, but the same comments I heard from the City 15 years ago when they said, okay,
the working river can include everything. In fact, I also represented Durham Park
which is residential. And of course, we acknowledge that it is a mixed -use river, but
why through a settlement put these properties into your comprehensive plan and then
say we in fact are going to upzone them and make that the highest and best use and
immediately say, okay, let's turn them over to lodging. That's what's going to happen.
We know that for a fact. And if you want to continue this item, I will perfectly go out
and do the job that your City staff hasn't done and demonstrate the economic status of
those properties on the lower river. What 1 can tell you is that there are properties
that are legally protected by your comprehensive plan.
Commissioner Diaz de la Portilla: Thank you, Mr. Chair. You said what our staff
hasn't done, but let's ask about what you haven't done. You say you haven't driven
that part, that you don't know the 44 folios that you have, that you represent, and how
many of them are working, to the Commissioner's question. Have you done your job?
Mr. Dickman: As a lawyer, I'm doing my job wonderfully.
Commissioner Diaz de la Portilla: Well, I'm talking about your presentation today.
You said, if I remember correctly, you said that you haven 't even driven by those
areas, you haven't been by those areas.
Mr. Dickman: Right.
Commissioner Diaz de la Portilla: So tell me why, tell me about those 44 properties.
Mr. Dickman: Is Garcia's still Garcia's and all of those --?
Commissioner Diaz de la Portilla: No, Garcia's one example, you said 44. So, let's
talk about the other 43.
Mr. Dickman: Where the past Captain Beau Payne, where his tugboats operate, that
property is still there.
Commissioner Diaz de la Portilla: Right, so you're talking about one property. So
who do you represent? Because that was never really answered, right? You represent
Antillean and you represent the Miami Marine Group, you called it?
Mr. Dickman: The Miami River Marine Group, which I will tell you --
Commissioner Diaz de la Portilla: Who are they?
Mr. Dickman: Who are they?
Commissioner Diaz de la Portilla: Yeah.
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Mr. Dickman: There are members, Antillean, there's other members of the Miami
River Marine Group that --
Commissioner Diaz de la Portilla: Can you tell me who the members are? I'm just
curious because I don 't know who they are so --
Mr. Dickman: Okay. Well, I'm going to tell you, I'm honestly going to be honest with
you. The court has decided that the Miami River Marine Group has standing. So they
look at this.
Commissioner Diaz de la Portilla: As an intervener. Yeah, I know. I'm reading it, but
that's not -- that's not the -- I read the case here, the DOAH (Division of
Administrative Hearings) case. That's not nay question.
Mr. Dickman: It was a Third DCA case.
Commissioner Diaz de la Portilla: Yeah, Third DCA. I'm sorry. What I'm reading is
the DOAH case. I'm not reading those Third DCA cases.
Mr. Dickman: Those are the (INAUDIBLE).
Commissioner Diaz de la Portilla: I'm sorry, I don't have that in front of me. But tell
me who they are. I'm just curious.
Mr. Dickman: Tell you who they are?
Commissioner Diaz de la Portilla: Yeah, tell me who they are. Who do you represent?
Mr. Dickman: I represent the Miami River Marine Group.
Commissioner Diaz de la Portilla: I know, but who are you?
Mr. Dickman: Which is a -- as I -- I don't have their current list of members of --
Commissioner Diaz de la Portilla: But if you represent them, I would think that you
would know who you're representing, right? So if you come to me with a Miami -- you
come to this body, and say, I represent the Miami River Marine Group, Inc. Who are
they?
Mr. Dickman: Well, all I can say is I can sit down here and I can pull up their website
and tell you exactly who they are, or I can call Mark Bailey, who spoke earlier, on
behalf of the Miami River Marine Group. It's not one person. It's not one entity. It's
not two entities. There's multiple entities.
Commissioner Diaz de la Portilla: I would always think of -- if I may, Mr. Chair, I
would think that if you are coming here before us, that you would know who you
represent.
Mr. Dickman: Okay, I do know who I represent.
Commissioner Diaz de la Portilla: Okay, so you have a name of an entity.
Mr. Dickman: The name is the Miami River Marine Group.
Commissioner Diaz de la Portilla: Miami River Marine Group, Inc. Who are they? Is
it one company that has a particular interest?
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Mr. Dickman: 1Vo, it's not.
Commissioner Diaz de la Portilla: So, is it two companies?
Mr. Dickman: I promise you it's more than one company.
Commissioner Diaz de la Portilla: Okay, so can we get an answer to that, Mr. Chair,
at some point today or before we make a decision on this?
Mr. Dickman: Yeah, if you want me to sit down and look it up, I'll call --
Commissioner Diaz de la Portilla: 1 would figure that you would have done it before
the meeting. That's okay.
Mr. Dickman: Well, to be frank with you --
Commissioner Diaz de la Portilla: Yeah.
Mr. Dickman: -- if the courts have recognized --
Commissioner Diaz de la Portilla: We're not talking about the courts. You're not in
front of a courtroom right now. Right now, you're in front of the Miami City
Commission.
Mr. Dickman: Okay, but you're questioning -- okay, so you're questioning --
Commissioner Diaz de la Portilla: I'm not questioning. I'm asking you a question. I'm
not questioning. I'm asking you a question.
Mr. Dickman: Okay.
Commissioner Diaz de la Portilla: You say you represent the Miami River Marine
Group, Inc. I'm asking who they are. And you're not able to answer that question.
You're not in a courtroom. You 're in front of the Miami City Commission. So it's a
simple question. You should have a simple answer. You should know who you
represent because you 're before us today testing to certain things. So I want to
know who you represent. Is it only one industry? Is it one particular company?
Mr. Dickman: If you want to continue that, I'll pull them up and I'll be able to read
them all to you.
Commissioner Diaz de la Portilla: No, that's okay.
Mr. Dickman: You don't want me to?
Commissioner Diaz de la Portilla: I think you should have known that answer before I
even asked.
Mr. Dickman: I've never had anybody question that.
Commissioner Diaz de la Portilla: No one's ever asked you to represent?
Mr. Dickman: They are a major stakeholder on the Miami --
Commissioner Diaz de la Portilla: What's a major stakeholder? I'm sorry. What's a
major stakeholder?
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Mr. Dickman: What's a major stakeholder?
Commissioner Diaz de la Portilla: Yeah.
Mr. Dickman: They are a -- it's a working waterfront. It is small repair, Detroit
Diesel, they're small repair. They're marinas. There's one at Hurricane Cove
Marina. There's, who else? There's Merrill Stevens. You want to tell me any of the
other ones that are on the river? Which one?
Ms. Noguera: Betty Kay's.
Mr. Dickman: Betty Kay's. Come on, stand up. Let's tell them exactly who's on the
river. Do you have the list?
Ms. Noguera: Yes, you have already mentioned some of them. But here on the west
side, the Miami River Marine Group is an alliance of shipping terminals, ocean cargo
carriers, boat yards, marinas, construction companies, tugboat operators, marine -
related businesses who join together to create a climate for stress and growth of the
maritime industry. This is the definition.
Commissioner Diaz de la Portilla: Okay.
Ms. Noguera: Okay.
Commissioner Diaz de la Portilla: It's a particular industry that has a particular
stake in the outcome of this legislation, right?
Ms. Noguera: Yeah, the whole working river.
Commissioner Diaz de la Portilla: The particular --?
Ms. Noguera: The whole working river.
Commissioner Diaz de la Portilla: No, no. It's not the whole working river. It's a
particular industry that has a particular stake in this particular legislation.
Ms. Noguera: Which is -- yeah, which is a multi -million dollar --
Commissioner Diaz de la Portilla: You can call it the working river. I don't call it
that. But let's say you call it that. That's what this is. So I understand all that. I get all
that.
Ms. Noguera: Okay.
Commissioner Diaz de la Portilla: But I think you need to be frank with this
Commission about who you represent and why you 're here. Because we don't care
about any particular industry. We care about all industries. We care about our city.
So if we're going to promote our river and develop our river and move our city
forward, then we need to have a clear representation of who you represent, what
particular interests you represent outside of the interests of the City of Miami.
Ms. Noguera: Well, as I mentioned before, we generate thousands of jobs here in the
city, sir.
Commissioner Diaz de la Portilla: Right, and a lodging establishment could represent
many, more jobs. We'll go back and forth with that argument, right?
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Ms. Noguera: Just an example. Even though with COVID-19, just an example, we're
an essential business. We're an essential industry. Even though through the
pandemic, we were able to continue serving our clients. We go out there to the
Caribbean and ship out cargo to benefit a lot of people here. And we were able to
save a lot of jobs too. What we want is that Miami River 's element continue being
with the purpose that it was created for. Otherwise, what is going to happen is a
displacement. It's a gentrification process, as it happened in other places.
Chair Hardemon: Do you own the site where your business is?
Ms. Noguera: Excuse me, sir?
Chair Hardemon: Do you own the site where your business is? Where your business
is located, do you own that site?
Ms. Noguera: Antillean Marine?
Chair Hardemon: Do you own the site?
Ms. Noguera: No. The site?
Chair Hardemon: The site. Well, the parcel.
Ms. Noguera: I'm not aware of that, but we own the site. The owner of the company. I
am not the owner of the company.
Chair Hardemon: No, so --
Ms. Noguera: I am an employee of the company.
Chair Hardemon: An employee. No, my question to you though, the business, is it --? I
understand the business, I want to know if the land that you operate your business on
is owned by your company or do you lease the property?
Ms. Noguera: Sir, this is an information that I don't manage --
Chair Hardemon: Okay.
Ms. Noguera: -- because I am not the owner of the company.
Chair Hardemon: No, I'm asking you because when you say gentrification, you knout;
it brings up discussion about renters versus owners, willingness to sell versus the
ability to stay with a cheaper rent, if it may be. I don 't know what your profits are. I
don't know anything about your company. So, that's why I was just asking. But if you
can't answer that, I don't thinkyou can answer any other questions.
Ms. Noguera: And another thing that I would like to point out is the Miami River
should element, as Andrew Dickman mentioned before, states that the City should
promote the Miami -- the working river. Should it do a study, an economic study, as
you mentioned, Mr. De La Portilla [sic].
Chair Hardemon: Thankyou very much.
Ms. Noguera: It hasn't been done.
Chair Hardemon: Commissioner Carollo?
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Ms. Noguera: When we're going to see initiatives from the City.
Commissioner Carollo: Just a question to the Administration.
Chair Hardemon: Your mics.
Mr. Dickman: I can name a few of the -- you asked about it.
Chair Hardemon: One second, sir.
Commissioner Carollo: This question is for the Administration. How many parcels
are we talking about that are affected in this legislation?
Jermey Calleros Gauger: Good morning, Jeremy Calleros Gauger, deputy -- sorry,
Interim Director for the Planning Department. This is actually a citywide legislation,
so this includes industrial land throughout the city.
Commissioner Carollo: Yeah, but in the river, I'm talking about.
Mr. Calleros Gauger: Talking about the river, I believe it's 44 parcels.
Commissioner Carollo: Okay. Do you have a list of the ownership of those parcels
and what the industry that's there is now? Is it a restaurant? Is it vacant land? Is it
part of, as they call it, the working river where you have fishermen going there or
boats being stored? Can you give me a list on all those parcels, ownership, and what
is being done there right now?
Mr. Calleros Gauger: Yeah. I don't have a comprehensive list. I can tell you generally
that we have a mix of uses. Looking at the existing land use, there 's about four vacant
parcels, and then you have a mix of restaurants, office.
Commissioner Carollo: Let me tell you why this is important for me. Because I don 't
want to be seeing that whole part of the river in my district going into Commissioner
Diaz de la Portilla's district, that all of a sudden we're going to be getting all these
skyscrapers that are going to be 40, 50 stories high and are going to change the
whole neighborhood, including voting patterns, including 90 plus percent, so I won't
say 99 percent of the people that are going to be moving to them, are going to be from
outside of Miami. So, there I have a major problem. It helps them, but it's different
than their concern. My concern is that I don't want to change whole neighborhoods.
And each time you put one of these buildings, it's like if you're taking a whole section
of an area. The area right around south of the Jose Marti Park, you can see the
changes already after two big buildings went up on the other side. But since it's
combined, you immediately see the changes on what is happening into that
neighborhood. So, before I'm ready to move forward in this, I want an answer in what
I've asked and I also want to know on each of those parcels, at least in my district,
what changes will be coming, what can be built in addition to what could be built
there now.
Mr. Calleros Gauger: So, Commissioner, I think you get to a point where some of the
detail on this -- we are at second reading for the change to the comprehensive land
use plan. So, that's the portion that sets the underlying sort of baseline you are
allowed to have this use. We're at first reading for the zoning component.
Commissioner Carollo: I understand that.
Mr. Calleros Gauger: And the zoning component does get into the details about how
large and how dense new projects can be built.
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Commissioner Carollo: But 1 don't want to get -- pass one without not knowing what
I've asked.
Mr. Calleros Gauger: The comprehensive -- so just so I can document, the
comprehensive list of existing properties?
Commissioner Carollo: Yeah, unless we would want to cut out the river and make that
into a separate ordinance to deal with.
Commissioner Reyes: Yes, Mr. Chair?
Chair Hardemon: You're recognized, sir.
Commissioner Reyes: Yes, I --
Chair Hardemon: Before you make a statement, the -- I was looking up the business,
the Antillean Marine Shipping Corp., and it's not located in the City of Miami. So, I
just want to make that note. The business you 're talking about is not located in the
City of Miami. It doesn 't mean that you can 't speak on what's happening in the river,
but just so that we're all aware that it's not (UNINTELLIGIBLE) --
Mr. Dickman: Yeah, but their ships have to come in and out.
Chair Hardemon: No, I understand that. Yeah, I understand the concept.
Mr. Dickman: So, I mean, to answer your question about --
Chair Hardemon: No, I'm going to -- (UNINTELLIGIBLE) Commissioner and then
we'll come back to you.
Commissioner Reyes: Yes, I expressed my concern before and I have a big concern
now. And I do agree with Commissioner Carollo that we can -- the integrity of certain
areas of the City of Miami should be maintained. I know that the river, as a matter of
fact, I enjoy going to Garcia and watching the -- and taking my grandchildren there
and my kids when they were small also, and watching those ships come in and come
out. And I know that upriver there is -- I mean, there's a lot of business activity that
goes on, on repairs and also on like cargo and all of that. What I want to know is
precisely what this is going to affect. Is it going to affect the whole river or is it going
to affect certain sections of the river and the other section of the river is going to
remain industrial until further notice. That's what I want to -- because if we are going
-- and I think that we can reach a compromise here, and there are certain areas that
are close to downtown Miami that they are more in line with certain development
which is not industrial. But upriver, I would hate to see those industries and those
jobs lost. I really do. And I mean, the staff, does this include the whole river?
Mr. Calleros Gauger: No, sir. This is limited to the areas downstream from the 5th
Street Bridge.
Commissioner Reyes: Downstream from the 5th Street Bridge?
Mr. Calleros Gauger: Correct.
Commissioner Reyes: From the 5th Street all the way to the downtown Miami, right?
Mr. Calleros Gauger: Correct, to the mouth of the river.
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Commissioner Reyes: To the mouth of the river. And that's where the 43 businesses
are located?
Mr. Dickman: That's correct. That's the segment where there are those -- and I'll tell
you
Mr. Calleros Gauger: Not 43 businesses, 43 properties.
Commissioner Reyes: 43 properties. And a good question is, I think that
Commissioner Diaz de la Portilla was right in it, how many of those properties that --
because now they are -- at this time, they are actively providing industrial services?
Mr. Dickman: Personally, l can tell you that 1'd be happy to get that information for
you. I know Commissioner -- he's dissatisfied with my attorney work, not bringing
that information to you. I apologize.
Commissioner Diaz de la Portilla: Not your attorney work, your lobbyist work. It's a
difference. You should have had that information available when we asked the
questions, right?
Commissioner Reyes: Also, I want to know from the --
Commissioner Diaz de la Portilla: (UNINTELLIGIBLE).
Commissioner Reyes: -- administration, what is the -- I mean, how do you foresee that
this is going to be changed? You are Planning, right?
Mr. Calleros Gauger: Yes, sir.
Commissioner Reyes: Okay, and they come to you because you have certain plans.
The word planning means you plan, right?
Mr. Calleros Gauger: Correct.
Commissioner Reyes: Okay. You apply certain plans for that area to be developed in
a certain way. And I am going to piggyback on Commissioner Carollo 's concern, and
I would like to have that information. What are you planning there? Because this does
not come out of the blue sky. I've been here, I've been in this city for too long, I'm too
old, you see, to be a -- and that's the truth, that's the truth, to be taken for a fool, and
this does not come out of the blue sky, oh, let's change this. No, no. There is some
interest from somebody, or a group of people, that they're planning on developing
certain type of buildings in that area. And I think that we should know when we vote
what would be the consequences of that vote and how it 's going to affect the, I would
say, the identity of the City of Miami.
Chair Hardemon: I think we have more public comment and I think some of that will
come out in the public comment because we kind of stopped in the middle of it. I'll
allow you to state the entities and then let's move on with public comment.
Mr. Dickman: To that point, we would be happy to work with the City if you wanted to
take out the river today. We can work with staff if there is a need for that. We'd be
happy to work with them. We've talked to them before, but the director of the Miami
River Marine Group did send me information if you'd like to have that. We've got
Hurricane Cove Marina and Boatyard, 555 Terminal. We have Ebsary Foundation
Company, we have Merrill Stevens, Simply Marinas, Epic Marina, Shoreline Marine
Fuel and Oil, 5th Street Marina, which is Fifth, you know, (UNINTELLIGIBLE)
agencies and others. And I will tell you -- you wanted a description of who they are.
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And again, this is from Mark Bailey, Director. It's a nonprofit organization, alliance
of shipping terminals, ocean cargo carriers, boat yards, marinas, construction
companies, tugboat operators, marine -related businesses, suppliers, professional
individuals, and other businesses. And to the question that you had, what happens? I
mean, these ships and other people have to navigate not only the river, which is very
narrow, but they also have to navigate bridges. And when you start adding more
recreational lodging, whether they're going to have marinas or not, it becomes very
dangerous in there. So, the Fifth Avenue area, I don 't think -- the lower river has not
been studied. If there is an initiative that you need your industrial land citywide to
have lodging, fine, that may be justified. The easy solution and the safest solution is
just remove the river now today. We'll work with staff we'll work with other people,
we'll have a congress and get together and say, what can we do with the lower river if
there is a need with it? I think that's the best approach for all the stakeholders, and I
would ask that you do that. 1 mean, 1 think that's the safest approach.
Chair Hardemon: Thank you, sir.
Iris Escarra: Good morning, everyone. Iris, can I take this --? If I speak from a
distance, can I take --?
Chair Hardemon: It's at your own risk.
Commissioner Carollo: Go ahead.
Chair Hardemon: It's at your risk.
Ms. Escarra: I understand. I understand.
Chair Hardemon: It's up to you.
Ms. Escarra: It's just I feel like muzzled with this thing.
Commissioner Diaz de la Portilla: It's a free country.
Ms. Escarra: Good morning, everyone. Iris Escarra, with offices at 333 Southeast 2nd
Avenue. I wanted to make a few points clear on the record with regards to this
legislation. The settlement agreement that was referred to previously with regards to
the Miami River Commission had an Exhibit B to it. The Exhibit B to that legislation
was a draft of the Port of Miami River element that the City adopted, went to the State
and so forth, and the Miami Marine Group, who was a party, participated in the
language of the Port of Miami River element. The Port of Miami River element states
something that's very important that I don't think has been clarified on the record,
and that is that the working waterfront is defined in accordance with Florida Statute
342.07, repeatedly throughout the Port of Miami River element, the agreement, and
so forth. Whenever we refer to the working waterfront, which is a term of art that we
all say, it says in accordance with, as defined in Florida Statute 342.07, which I will
be introducing to the record and making sure. So I'm going to read one section for
you, sorry for the legalese.
Commissioner Carollo: Can I --?
Ms. Escarra: As --
Commissioner Carollo: Excuse me, Iris. Who do you represent?
Ms. Escarra: MD Real Estate Holdings. I have a couple clients that -- citywide that
are interested in the hotels and industrial. However, after PZAB, I do represent one of
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the owners along the river and asked me to come in here and make sure that the
record was clear as to the law --
Commissioner Carollo: Okay.
Ms. Escarra: -- as to the ordinance that's being adopted.
Commissioner Carollo: Okay, where does this stop at?
Ms. Escarra: His site is in Commissioner Hardemon 's district on the north bank of
the river.
Commissioner Carollo: But where, the part of the river?
Ms. Escarra: The lower river, near downtown, right next to MRC (Miami Riverside
Center).
Commissioner Carollo: Yeah, but does it go past 2nd Avenue Bridge and the first
Flagler?
Ms. Escarra: We're --
Commissioner Carollo: (INAUDIBLE).
Ms. Escarra: We're just south of the 1st Avenue Bridge at FDOT's (Florida
Department of Transportation) door.
Commissioner Carollo: That's not my question. I'm saying that the changes that
we're talking about, it goes up to where? Does it go up to Flagler, the Flagler
Bridge?
Ms. Escarra: No, the changes that the City is proposing is up to the 5th Street Bridge
to the mouth of the river would be the only, D3 sites that are eligible.
Commissioner Carollo: To the mouth of the river.
Ms. Escarra: Right, to the mouth of the river to the 5th Street.
Commissioner Carollo: So, it's not going into my district, District 3.
Ms. Escarra: I believe the -- from the 5th Street Bridge to the mouth, the southern
part of the river is in your district. The northern part is in Commissioner Hardemon's
and the southern --
Commissioner Carollo: Up to where?
Ms. Escarra: I have -- sorry.
Commissioner Carollo: When I see you, I get nervous.
Ms. Escarra: I don't have my boards.
Commissioner Carollo: All I see is 80 story skyscrapers.
Commissioner Reyes: That's right.
Commissioner Carollo: And people coming .from New York, New Jersey,
Massachusetts. And then they vote 80 percent against guys like us.
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Commissioner Reyes: Yeah, 1 feel the same way. I say, who is she representing?
Ms. Escarra: Just going to quickly read my definition.
Commissioner Carollo: But we're the ones that are not fair and balanced.
Ms. Escarra: Understood. As used in this section, the term recreational and
commercial working waterfront. So, the term of art is really recreational and
commercial working waterfront.
Commissioner Carollo: My question is, boundaries, up to where in my district does it
go?
Ms. Escarra: It is --
Chair Hardemon: You can approach him i f you like.
Commissioner Carollo: Yeah, but put the mask on.
Ms. Escarra: Oh, sorry, you're right. Sorry, sorry, sorry.
Commissioner Carollo: I want to make sure you're okay. I know 1 am, but 1 don't
know about you.
Ms. Escarra: As of last week, I'm okay. So here, Commissioner, if you're looking at
this drawing, which is actually an attachment to the Miami Comprehensive Plan, this
is the mouth of the river here. This is like Brickell Key right here.
Commissioner Carollo: Right.
Ms. Escarra: It goes through the river up to this bridge.
Commissioner Carollo: What bridge is that one?
Ms. Escarra: The 5th Street Bridge. So all of this part of the river is not proposed to
be included as eligible to be able to have a hotel or lodging in connection with a
commercial working waterfront use, meaning you can 't just have a hotel and not have
an active marina.
Commissioner Carollo: So it does take a big chunk of my district?
Chair Hardemon: May she state -- make that statement again, please. Make that
statement again, please?
Unidentified Speaker: Let me see if I can attach (INAUDIBLE).
Ms. Escarra: That it is anticipated in the legislation that you can 't just have a hotel
and lodging. You have to have an active working waterfront use. It could be a marina,
it could be a variety of issues, but the hotel alone can 't just say we're not going to
activate the water. They have to activate the water. It's part of the legislation. So,
your -- to answer your question, Commissioner Carollo, it's this part here that is in
your district and there are many uses there that are vacant warehouses. It's right
across the street. There are some there that are anticipated to be restaurants. That
part of the area -- the river doesn't really have a lot of some of the uses that were
previously mentioned on the record.
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Commissioner Reyes: A question, question. When you said you want to activate the
water, and the marinas and all that, 1 have a little concern that was expressed by the
gentleman. That part there is very narrow. And that could -- couldn't that affect, if
you have a marina there, could affect the ship, I mean, the lane that those, or the
entrance of the ability of those ships that come from Antillean and all of those that
are upriver. They load cargo and they come that way. I mean, they come in and out
that way.
Ms. Escarra: And I've done a couple of permits along that portion of the river, and
you really can 't get as many ships in because DERM (Department of Environmental
Resources Management) regulates you, because it's also a manatee protection zone.
So you really only have the length of your property to tie up sideways.
Commissioner Reyes: That doesn't mean that you're going to have docks all the way -
- that would be --
Ms. Escarra: You technically -- DERM doesn't allow it. You really only have tie-up
and for the length. So you could put three little boats, one big boat, or yacht,
whatever. But it 's really that length.
Commissioner Reyes: It's just going to be docking on the side.
Ms. Escarra: Correct. But the City requires that you activate that. You can't just turn
your back to it. You've got to have something there. It might be a fish shop that
somebody can come and buy fresh fish.
Commissioner Reyes: Activating is a misnomer because you will comply with the City
requirement by only having a couple of boats tied there, right?
Ms. Escarra: Correct. Correct. You will have to have both. And that's why one of the
things I wanted to highlight is that in the state statute, it encourages the hotel and
motels. It's defined as part of the working waterfront. So when we all say the working
waterfront, as defined in the Florida Statute, it includes hotels and motels.
Specifically in the statute, in 2010, when this settlement was entered into, this was one
of the uses that was allowed.
Commissioner Carollo: What does it say about condominiums?
Ms. Escarra: It doesn't say condominiums. You can't have residential uses. That's not
in here. So I wanted to make sure the record was clear as to that fact because that 's a
very important fact. We all use it as a term of art, but the definition was clearly
defined as part of the settlement, including hotels and motels.
Commissioner Reyes: Through the Chair, you said it doesn 't say condominiums.
Ms. Escarra: No.
Commissioner Reyes: That would preclude the building --
Ms. Escarra: Correct.
Commissioner Reyes: -- of condominiums there for sale.
Ms. Escarra: Correct. It would preclude residential condominiums. You'd have to
have a different zoning category.
Commissioner Reyes: That would be then only hotels --
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Ms. Escarra: Correct.
Commissioner Reyes: -- and restaurants and all that.
Ms. Escarra: Yep.
Commissioner Reyes: Okay.
Ms. Escarra: I'm going to give this to the Clerk in case anybody would like a copy,
and I'm introducing it as part of the record.
Commissioner Reyes: No condominiums, right?
Ms. Escarra: Hmm?
Commissioner Reyes: No condos.
Ms. Escarra: No condos.
Commissioner Reyes: Are you sure?
Ms. Escarra: Positive.
Commissioner Reyes: Are you going to come back to change that?
Ms. Escarra: No.
Commissioner Diaz de la Portilla: Mr. Chair, I have a question.
Ms. Escarra: No.
Chair Hardemon: You're recognized.
Commissioner Diaz de la Portilla: I think that you're one of the sponsors of this
legislation, correct? It doesn't include my district because the majority of the river is
actually in District 1. It's not in District 3 or District 4. It's in District 1. Why did you
not include the entire river?
Chair Hardemon: Well, what I thought about I thought about all the activity that was
going on where it was happening because you have to understand from --
Commissioner Diaz de la Portilla: But you're a visionary, you're a visionary so I
would figure, right? You would look at what's going to happen.
Commissioner Carollo: Get him some glasses so he can see better.
Commissioner Diaz de la Portilla: Well, he'll be in the County Commission now, so
he'll know and he'll get blinded over there. Hopefully, that's not going to happen.
Chair Hardemon: One of the first things, I never want to step on my colleagues' toes,
right? I don't want to step on your toes about something that doesn't need -- why
cause you frustration about something that you don 't need frustration about?
Commissioner Diaz de la Portilla: Right.
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Chair Hardemon: And so we looked at the limited part of the river that's being
affected. This is the area where you're seeing lots of change happening. This is where
the MRC is. This is where you see you have some temporary uses such as The Wharf
you know, you look at what Garcia's is. I mean, all of this space is really changing. I
mean, we've done a significant amount of investment from the City and through the
state on that walking -- on that riverfront. And so now people are there. People are
walking. People are, and people, we're trying to find ways to keep people on this side
of the bridge. And by that I mean from going to Miami Beach. Right, this is a
competition. We have to always recognize.
Commissioner Diaz de la Portilla: Of course, of course.
Chair Hardemon: And so Miami has done a very good job of creating these
neighborhoods that are impressive. People want to come for distinct viewing
experiences. And I believe that the river is one of those experiences that people are
going to really enjoy. And the way that I see it is that, with the assistance of those in
the private industry, what you'll find if we're flexible in our government is that we'll
have a space that people can come to and --
Commissioner Diaz de la Portilla: But why not include, why not include the whole
river?
Chair Hardemon: Because 1 did not want to go further than what I believe was the
appetite by this Commission. There's always room to expand. I mean, if people want
to have further discussion about that, you can have that. But, you know, particularly I
was looking within the purview of what I felt was fair from a district Commissioner's
perspective.
Commissioner Diaz de la Portilla: Okay. So if I would -- absent Commissioner
Carollo's objection, but the rest of the district, the rest of the city, the river area,
right, the area that I represent, I would like to have that opportunity to explore other
opportunities there, as long as it's not residential.
Commissioner Carollo: Then why don't we take the river --?
Commissioner Diaz de la Portilla: As long as it's not residential.
Commissioner Carollo: We could either do it two ways. Either we take the river out
and then we bring an ordinance just for the river so we could extend that into your
district or as far as the river would go. Or we defer the whole ordinance altogether,
so either way I'm fine.
Commissioner Reyes: Yeah, I personally, with all due respect. Senator, you see, I
know it's your district and all that, but I'm afraid that, as I said before, planning --
people are planning on coining and developing that area. And I don't want to lose the
activity -- the commercial activity that is taking place on the river.
Chair Hardemon: As it was explained, though, you have to remember --
Commissioner Reyes: From 5th Street up, you see, we had -- I mean, boat repair
businesses that have been there forever, you see? And I mean, right on 12th Avenue
and around 12th Avenue Bridge, you're going to see a huge one, and on 22nd Avenue,
you're going to see a lot of them. And I would really hate to see that. Not because we
are going to allow them to do it right away, but they are going to be here immediately.
They want a 60-story, building there.
Commissioner Diaz de la Portilla: And I will defer to the current Commissioner's
district. I mean, whatever he thinks is the best thing .for his district, I think he
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represents them. And 1 will take the argument about the rest of the river off the table
right now, because obviously there is some opposition to that. 1 think that we need to
move forward and Miami needs to look forward to what we can do. 1 agree that 60-
story condos are not what we want there, hut do think that hotels and things that will
revitalize that river and make Miami something, you know, make the Miami River
something that we can he proud of. We're the only city, I think, in the country that has
a river that doesn't really work at the end of the day, even though you call it a
working waterfront. It works for who? For whom, right? At the end of the day.
Commissioner Reyes: Yeah.
Commissioner Diaz de la Portilla: So to me, to see this part of the district that 1
represent have some revitalization occur there, some money put into that community,
it's important to revitalize our economy. So we'll have the debate later on, but I will
defer to the Commissioner from District 5 into what he thinks is important for his
particular area. So I'm going to support you, Mr. Chair --
Chair Hardemon: Thank you.
Commissioner Diaz de la Portilla: -- on this issue. I think it's important to you, and
we come back and maybe have a debate later on about the rest of what happened in
District 3 and what happened in District 4.
Commissioner Reyes: If I may add something, what I would propose, I think that we
need development. But 1 think that we should take it one at a time.
Commissioner Diaz de la Portilla: Yes.
Commissioner Reyes: One at a time. And every development's going to come over
there, we should take it and analyze the pros and cons and how it 's going to be and
then vote on it. I do agree with you that development is needed along the river, but
what I don't want to open up a Pandora box, I mean, carte blanche, you see,
everybody that wants to do it. No, they have to come to us and we'll be open to it. I
mean, it's your district and you can bring it up and (INAUDIBLE) --
Chair Hardemon: And Commissioner, I will tell you, if that's how you feel, then this is
the way we go about doing it. Because what I envision is, when I think about, for
instance, Brickell City Centre, right, Brickell City Centre, a lot of it -- if you're
approaching Brickell City Centre, you can approach it from the river, from the water.
And all of that area there, I mean, imagine people being able to have their families
walk along the riverfront --
Commissioner Reyes: Yeah, yeah.
Chair Hardemon: -- have food, a restaurant. They still have to have marine usage on
their site so it's not as if you're closing it off. It not the Miami Herald building on
the water. Remember, that was probably the worst use of waterfront property that you
could ever have. It's not that. It's actually the complete opposite. And so we just
believe that the district and the City of Miami, because that's what it becomes, it
becomes a brand of the City of Miami. For instance, if you think about Wynwood --
Commissioner Diaz de la Portilla: Of course.
Chair Hardemon: -- if you think about the design district, I mean, these are things
that are within the district. However, it's -- it has a global, really, footprint. Everyone
comes for these spaces, the same way as Calle Ocho and things of that nature. I mean,
it belongs to the district, but it's so much more than a district asset. And so, when I
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think about what's coming to that type of space, if we create this sort of legislation,
you're providing an opportunity for more jobs, as what was described on the record.
You're providing an opportunity for more ways to bring in tax revenue, to honor the
river, to keep it clean, things of that nature. Mr. Vice Chairman?
Vice Chair Russell: Thank you, Mr. Chairman. Planning staff has brought up a map
on this back monitor which shows the difference between the properties in your
district versus Commissioner Carollo's district by the color coordination. You can see
there already is a change, the blue being the non -industrial and the pink being the
industrial, if I'm not mistaken, but maybe Planning staff can elaborate a little bit.
Mr. Calleros Gauger: Sure. So, broadly speaking, Category B is into the working
waterfront definition of uses that are less industrial.
Vice Chair Russell: That's the blue.
Mr. Calleros Gauger: That's the blue.
Vice Chair Russell: On the north side, predominantly, and further toward the mouth.
Mr. Calleros Gauger: Correct, so that's Category B. Whereas Category A, which is
the pink, is the industrial designated working waterfront. But the working waterfront,
you know, it does already include additional zoning transects, T4, T5, T6, that
contemplate a variety of uses. So it's not solely industrial uses.
Commissioner Reyes: Yeah.
Vice Chair Russell: Are you able to zoom in at all? I apologize.
Mr. Calleros Gauger: Yes.
Vice Chair Russell: Just to focus on that -- from the 5th Street to 1-95 kind of section.
Mr. Calleros Gauger: There's 5th Street to roughly 1-95. And that's actually the full
extent of the properties in Categories A and B.
Mr. Dickman: Mr. Chair, if I could -- while you're looking at that, you can tell how
narrow --
Chair Hardemon: Hold on one second, please, sir. Before you go, we have more
public comment. I'm going to move on with the public comment if there aren't any
further questions. You're recognized, sir, please.
Jonathan Cardello: Hi, John Cardello. I've lived in Miami since 2005. I'm a resident
of the Grove, but I also own a business at 111 Southwest 3rd Ave, which is near this
edge of the river. Have any of you gone over there during the day to see the activities
that are happening in that area because there is an investment into the area? There's
quite a bit of homeless, there's a lot of crime. I have videos out of my office building
of sexual acts happening on the street and we need to invest in this area. This is not a
question of whether we should. Other cities have embraced their rivers. They have
looked at bringing industrial and commercial uses combined together. Industrial
tourism, have we ever heard of that? That is something that 's continuing to evolve.
Let us go to the river. Let us participate in one of the greatest assets of the city. Right
now, I have no objection to the industrial uses that are further upriver. They are not
appropriate where our city downtown has grown. We should be looking forward and
we should be approving this move to say how can we create an engagement of the
community, have eves on the river, have people that walk to the river for lunch, that
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participate at night. You think about Seattle where they have a public fish market on
the river. But those type of things need other resources to make them survive. If you
think you're going to have an industrial use sit-in there and it's going to survive long
term, especially a light industrial use, because not only is boating an issue here,
electronics is light industrial use. This part of the river most likely over time will have
additional tech companies come into it, which will benefit the City's picture overall.
We should be looking at approving this. This will add a new dimension to our
downtown, which is currently missing. Thank you.
Chair Hardemon: Thank you, sir. No, sir, we have to finish public comment.
Mr. Dickman: I will, real quickly. I mean --
Chair Hardemon: No, no, no, I want you to understand. Can you have a seat, please?
Have a seat, and then we'11 continue public comment, and then I'll come back to you.
(COMMENTS MADE OFF THE RECORD)
Chair Hardemon: No problem. I understand. It's a lot of barriers between us.
Alex Manterou: I'm Alex Manterou. Thank you for your time and for hearing this
item. I'm an interested party in -- on this item, just to be 100 percent transparent. We
own and/or control six out of the 40 parcels that they referred to. There's another
gentleman in here that also owns properties that is also in favor that would be
affected by this. Antillean Marine is the only person that has spoken against this to my
knowledge. They do not get affected, and maybe they don't know this, but they're not
inside the city limit boundaries. They are in Unincorporated Dade, like the way Mr.
Chairman Hardemon stated. So that is -- this is not something that would affect them.
So this is something outside of that purview. From my perspective, you know, we won
an RFP (Request for Proposals) at one point to take over and develop something that
would be beautiful on this river. And our intention is exactly that. This type of
legislation, I think, would open the avenue to do something I think would be amazing,
that would activate our waterfront and be able to bring in a lot of jobs, a lot of
opportunities, and finally realize the vision that this city has always been sought after,
right? Everyone I speak to always says, Miami's the only city where the river is just --
it's -- you know, it's nothing amazing. Every other city that we go to, I just came from
San Antonio, they have one of the most amazing waterfronts, one of the most amazing
rivers that has truly made that city into what it is. You know, Henry Flagler, he
opened up his first hotel, was right on the banks of the Miami River back in the late
1800s. I mean. I don't believe that anybody would agree -- disagree -- I don't think
any of you guys would disagree that right next to your city administration building,
which is currently going, you know -- there was another RFP by Adler to develop it
into residential units, you guys would agree that that should be nothing else other
than an active waterfront with restaurants, entertainment, other stuff that would bring
in entertainment, nightlife, and hospitality to your waterfront. Thank you.
Chair Hardemon: Thank you, sir. Is there any other person from the public that would
like to make a comment? Seeing no further persons, the public comment period is
closed.
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SP.1 ORDINANCE
7291
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO
EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN
SECTION 163.3184, FLORIDA STATUTES, BY ADDING TWO (2)
POLICIES TO THE FUTURE LAND USE ELEMENT AND AMENDING
THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP FOR
INDUSTRIAL LAND USE TO ALLOW LODGING USES ON LANDS
WITHIN THE CITY OF MIAMI DESIGNATED AS INDUSTRIAL; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13938
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes
Note for the Record: For additional minutes referencing Item Number SP.1, please
see "Public Comments for allltem(s)."
Chair Hardemon: Any further discussion?
Commissioner Carollo: Well, I would like to get a much clearer picture from staff
before I would be ready to bless this fully. One vote can change things forever. So I
don't mind waiting another few weeks before we bring this part up on the river, but I
want to truly comprehend what it is that we're going to change, in particular in my
district, piece by piece. I'm not against it, but I need further clarification before I feel
that I could give it a final blessing.
Chair Hardemon: So let's have that clarification as well. I'm going to call you, Mr.
Vice Chairman. But also I want to make the statement that isn't it also true that every,
application that will come to take advantage of the hotel usage, for instance, would
require a warrant?
Jeremy Calleros Gauger (Interim Director, Planning): No, sir. It would actually
require an exception --
Chair Hardemon: Exception.
Mr. Calleros Gauger: -- with a required presentation to City Commission.
Chair Hardemon: Okay. So every step for every business that would like to take
advantage of this new allowance would have to come right before this body that sits
before?
Mr. Calleros Gauger: Any lodging use in D3 (District 3) would come before
Commission, yes. So any --
Commissioner Carollo: The problem that I have is that any time that I see that
something is being rushed so quickly and all that I'm asking is the time to sit with
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staff look at it carefully, and then bring it hack, that shouldn't bother anyone, nor is
Miami going to stop by doing that.
Chair Hardemon: Mr. Vice Chairman?
Vice Chair Russell: Thank you, Mr. Chairman. It's a suggestion and possibly a
question for Planning staff to understand if we're able to bifurcate at 5th and allow
this to only affect the lower river, could we also bifurcate by north bank versus south
bank and say these could or should be treated differently? Commissioner Carollo's
district is on the south bank of the river, Commissioner Hardemon's district on the
north bank. Clearly, Commissioner Hardemon has analyzed his side of the river and
would like to see this sort of use come in. And 1 'd like to support him in that before he
leaves. But 1 understand Commissioner Carollo's concerns on how this might impact
the neighborhood inland of the riverbank if this use is allowed there. So I'm
wondering if there is a compromise that can be struck.
Commissioner Carollo: I think what he's bringing up is something that's fair. You
could easily bifurcate my side of the river from the other side, and then after we sit
down and you go with me, the explanations that I'd like to see, then we could bring it
back.
Mr. Calleros Gauger: It's feasible in terms of altering it, yes.
Commissioner Carollo: Then you could even bring it back with Commissioner Diaz
de la Portilla's District 1.
Chair Hardemon: If there's a motion in accordance with what's been stated on the
record, then the Chairman will be fine with that.
Commissioner Reyes: Do you accept that?
Chair Hardemon: I'll be fine. That's fine.
Commissioner Reyes: That will be fine?
Commissioner Diaz de la Portilla: For your side -- for your district, right,
Commissioner?
Chair Hardemon: Yeah.
Commissioner Carollo: For the District 5 side of the river only.
Commissioner Diaz de la Portilla: Yes. I'll move that.
Todd B. Hannon (City Clerk): Chair?
Commissioner Carollo: And I second.
Chair Hardemon: It has been properly moved.
Mr. Hannon: This is for SP.1 or SP.2?
Commissioner Diaz de la Portilla: For both.
Chair Hardemon: Both.
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Barnaby Min (Deputy City Attorney): If I could also clarify, Mr. Calleros Gauger, is
the bifurcation for the zoning ordinance or for the land use change?
Mr. Calleros Gauger: I think that's what the Clerk was just clarjing.
Mr. Min: You believe it's appropriate for both?
Mr. Calleros Gauger: Is that the intent, is to have that for both?
Commissioner Carollo: The intent is to vote upon it in such a way now, after I meet
with you and you go over my district and 1 can see it physically, parcel by parcel,
after you go through Commissioner Diaz de la Portilla's district and see what he
wants to do there and what he thinks is appropriate to do in his district, then we'll
bring that portion back and then it will be combined.
Mr. Calleros Gauger: Happy to do so.
Chair Hardemon: Madam City Attorney?
Victoria Mendez (City Attorney): The only -- yeah, the only problem would be is that
we would have to go through the state process all over again, probably for the
comprehensive planning change if you do it this way. And I don 't know how long that
would take.
Chair Hardemon: What do you mean?
Mr. Calleros Gauger: Expedited state review takes -- typically takes three to four
months.
Chair Hardemon: Do you mean for the new -- to make future changes or for this
change?
Commissioner Carollo: For the future changes.
Ms. Mendez: Probably if you bifurcate this now --
Chair Hardemon: Right.
Ms. Mendez: -- you would probably have to go through the state review again for the
comprehensive planning.
Chair Hardemon: For the new changes, for the things that we're now considering?
Mr. Calleros Gauger: Correct. We would need to go back for expedited state review,
which would take time. Although, remember that the comprehensive plan is the
underlying ordinance and you can always have more restrictions in the zoning.
Vice Chair Russell: I have a question.
Chair Hardemon: Vice Chairman?
Vice Chair Russell: I wonder why that would be though. If that review has already
been done for this entire section and we decide to only take a step on one part of the
section first and then bring the other part later, why would we have to go back for
review again if it's already been approved?
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Mr. Calleros Gauger: I think any time you're adding or removing parcels of land
from that, it's considered a substantial change and needs to go back to the state.
Commissioner Carollo: Even if it's three or four months, like the City Attorney stated,
this is not anything that's going to break any camel's back. You don't have people
that are running now trying to build hotels or anything like that.
Commissioner Reyes: Well, if there is a concern -- I'm sorry.
Chair Hardemon: You're recognized.
Commissioner Reyes: If there is a concern about the time, it must be because
somebody is ready to start building it.
Chair Hardemon: No.
Commissioner Reyes: I don't think it is, you see. But I think that it would be a more
complete legislature if we include Commissioner Diaz de la Portilla's concern and
areas even you can plan out certain areas.
Chair Hardemon: It makes good sense because all of the activity right now is on the
north side of the river.
Commissioner Reyes: That's right. And at the same time, we leave -- we allow our
chairman to leave with that project that he thought about it and that change that will
activate that area.
Commissioner Diaz de la Portilla: Although I do think we 've given him enough
victories already. He doesn 't need any (UNINTELLIGIBLE).
(MULTIPLE PARTIES SPEAKING IN UNISON)
Commissioner Diaz de la Portilla: Let's not get carried away here.
Commissioner Reyes: That's the end of it, okay?
Commissioner Diaz de la Portilla: That's it.
Chair Hardemon: Yeah, I agree.
Commissioner Carollo: (UNINTELLIGIBLE).
Chair Hardemon: I know.
Commissioner Carollo: Okay, so --
Chair Hardemon: I know.
Iris Escarra: Chairman, if I can make a proposition.
Commissioner Carollo: (UNINTELLIGIBLE).
Ms. Escarra: SP.1 is actually the comp plan which is here on second reading which
has already gone through the state review. Even if you adopt that on -- pass it today,
until SP.2 gets adopted, you can't get a building permit. So it will accomplish the
same thing, it will provide the time for SP.2 to be bifurcated but SP.1 to be passed. It
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accomplishes the same thing and 1 think it accommodates Commissioner Carollo's
request to further study the actual businesses.
Commissioner Carollo: SP.1, as I understand it, is going to be done in the fashion
that we discussed here.
Ms. Escarra: SP.1 would be in effect but we can't pull a building permit or do
anything until the zoning code is consistent with the coinp plan. So, even though the
comp plan will be adopted, the zoning code, I can't go pull a building permit or
anything until SP.2 gets approved and that'll avoid any going back with the state or
any of that potential aspect since we've already passed that hurdle over the last few
months.
Commissioner Carollo: Well, I appreciate your opinion very much, Madam, but you
represent your clients. I represent the residents of my district and the rest of the city. I
stand by what we had discussed here, what we're going to be changing and
bifurcating to the north district, not to the south district. It's obvious that the north
district is where the growth is going. That's the area that has been looked at for this
plan. I haven't heard anyone mention anything on the south side, so I don't think it's
going to hurt anyone. So, we vote on SP.1 with the changes that we discussed here.
We can then go on to the next phase.
Chair Hardemon: So, it's been properly moved and seconded with the amendments.
Yes?
Mr. Hannon: So, just so I'm clear, so the motion made by Commissioner Carollo,
seconded by Commissioner Diaz de la Portilla, is to amend only SP.1 and then we're
going to address SP.2 next, or is this for both?
Chair Hardemon: It's going to be for both.
Commissioner Carollo: For both.
Chair Hardemon: For both.
Mr. Hannon: Understood.
Chair Hardemon: And they need to be read into the record, SP.1 and SP.2? Can we
have them read into the record?
Mr. Min: The titles were actually read into the record when you did the protocols at
the beginning.
Chair Hardemon: Okay. Oh, yeah, that's true. I did read it to the record. That was a
very long thing that I did. Is any -- no further discussion? Hearing none, all in favor,
say "aye.
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion carries. The November 16th, 2020, 9:59 a.m.
Special City Commission meeting is adjourned.
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SP.2 ORDINANCE
8040
Commissioners
and Mayor - PZ
ADJOURNMENT
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING
ARTICLE 1, SECTION 1.1, TITLED "DEFINITIONS OF BUILDING
FUNCTION: USES (ARTICLE 4, TABLE 3)," TO MODIFY THE
DEFINITION OF INDUSTRIAL; AMENDING ARTICLE 3, SECTION 3.11,
TITLED "WATERFRONT STANDARDS," TO ADD LODGING AS A USE
CONSIDERED FOR THE DESIGN STANDARDS; AMENDING ARTICLE
4, TABLE 3, TITLED "BUILDING FUNCTION: USES," TO MODIFY
REGULATIONS FOR DENSITY AND USES FOR THE DISTRICT ZONE
REGARDING LODGING USES; AMENDING ARTICLE 4, TABLE 4,
TITLED "DENSITY, INTENSITY AND PARKING," TO PROVIDE
REGULATIONS FOR DENSITY, INTENSITY, AND PARKING TO
ADDRESS LODGING USES WITHIN THE D2, "INDUSTRIAL" AND D3,
"WATERFRONT INDUSTRIAL," TRANSECT ZONES; AMENDING
ARTICLE 6, SECTION 6.1, TITLED "INTENT AND EXCLUSIONS," TO
PROVIDE SUPPLEMENTARY REGULATIONS FOR THE D1, "WORK
PLACE," D2, "INDUSTRIAL", AND D3, "WATERFRONT INDUSTRIAL,"
TRANSECT ZONES IN TABLE 13; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Pass on First Reading with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Hardemon, Russell, Diaz de Ia Portilla, Carollo, Reyes
Note for the Record: For minutes referencing Item Number SP.2, please see
"Public Comments for all Item(s)" and Item Number SP.1.
END OF SPECIAL MEETING
The meeting adjourned at 11:41 a.m.
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