Loading...
HomeMy WebLinkAboutCC 2016-12-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com * I6IIIp IIA?EI 11 AC Meeting Minutes Thursday, December 8, 2016 9:00 AM Planning and Zoning City Hall City Commission Tomas Regalado, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Frank Carollo, Commissioner, District Three Francis Suarez, Commissioner, District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes December 8, 2016 CALL TO ORDER Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort and Commissioner Carollo Absent: Commissioner Suarez On the 8th day of December, 2016, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 2:10 p.m., recessed at 2:16 p. m., reconvened at 3:16 p.m. and adjourned at 3:42 p.m. Note for the Record. rice Chair Russell entered the Commission chambers at 2:10 p.m. and Commissioner Gort entered the Commission chambers at 2:13 p.m. ALSO PRESENT. Francisco Garcia, Planning and Zoning Director Victoria Mendez, City Attorney Todd B. Hannon, City Clerk PART B: PZ - PLANNING AND ZONING ITEM(S) Chair Hardemon: You ready? Victoria Mendez (City Attorney): Are they ready? Chair Hardemon: Yes. We're going to read into the record Todd B. Hannon (City Clerk): (UNINTELLIGIBLE). Chair Hardemon: I thought you were ready. Ms. Mendez: PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by the City staff and City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications pursuant to Florida Statute 286.011(5) and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on the proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what the item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation City of Miami Page I Printed on 111312017 City Commission Meeting Minutes December 8, 2016 and decision. The applicant may also waive its right to evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and the City Code, providing the appellant shall present first. The appeals --for appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they have. All persons testifying must be sworn in. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Mr. Hannon: Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items -- any of today's Planning & Zoning items -- may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Hardemon: Thank you very much. I'm going to turn our attention back to the regular -- unless you have -- Do you have any continuances or anything you want to announce? Let's have you, Mr. Garcia. Francisco Garcia: Thank you, Mr. Chairman. And for the record, Francisco Garcia, Planning & Zoning director; City of Miami. There are at this point a number of items that we would like to either have continued or withdrawn, and they are as follows: We would like to have item PZ.1 continued, and I believe the preferred date for continuance is January 26; that would be the Planning & Zoning meeting of the month of January 2017. At that point in time, this item will be back before you on first reading once again. Item PZ.2, we would like to withdraw at this point in time, and I'd like to -- for the benefit of anyone who's here, might be interested, or anyone listening to us today who's also interested -- explain that what we would like to do with that withdrawal is to -- as discussed with many of you in briefings -- insert some additional clarity to add regulatory language that indicates what effects exactly it has and what effects it doesn't have. This is, I'll remind you, the amendment that provides for the setting forth of minimum lot areas and minimum lot frontages throughout the City and the different transact zones, and by withdrawing it today, we are committing that we are going to be taking it back through the Planning, Zoning and Appeals Board process; and once again, before this Commission for two readings. We are still very much intent on bringing it forward. We think it is a good set of regulations, and that once those who are concerned understand them, they will, hopefully, support them. So we will try it again. So, again, PZ.2, to be withdrawn; PZ.3 is ready to go forward, as is -- are items PZ.S and PZ.6. PZ.4, we would requestfully [sic] -- respectfully request that it be continued, as well, for the first meeting of the month of January, and I don't have that date handy; ifI can askfor the City Clerk's assistance? Mr. Hannon: The first meeting of the month for 2017 will be January 12, 2017. Mr. Garcia: January 12. Thank you. So that would be for item PZ4, January 12. PZ.S and PZ.6 are ready to go forward. And I believe that there is also a request from the Administration to continue items PZ.7 and PZ. 8. Can I have the City Attorney's Office's advice on that, please? Is that correct; do we need a continuance? We're ready to move forward, but I understand there are some legal issues that need to be sorted out. City of Miami Page 2 Printed on 111312017 City Commission Meeting Minutes December 8, 2016 Ms. Mendez: PZ. 7 and 8? Mr. Garcia: 7 and 8, yes. Ms. Mendez: Yes. Those --the City Attorney's Office is requesting a continuance. Mr. Garcia: Perfect. And may I know what date? Ms. Mendez: We will place it back on the agenda, so I guess -- indefinite deferral for now. Mr. Garcia: Indefinite deferral for item PZ. 7. And so, I'll recap, Mr. Chair, for clarity's sake. Item PZ. 1, we request that it be continued to January 26; item PZ.2, we are withdrawing; item PZ.3, we're ready to move forward; item PZ.4, we are asking that it be continued to January 12; PZs.5 and 6, ready to go forward, and we are asking that PZ. 7 and PZ.8 be deferred indefinitely. Vice Chair Russell: Do you need a motion, Mr. Chair? Chair Hardemon: Yes. Vice Chair Russell: I'll move it. Commissioner Gort: Second. Chair Hardemon: It's been properly moved. Is there a second? Seconded by Commissioner Carollo. Commissioner Carollo: It was actually seconded by Commissioner Gort. Chair Hardemon: Gort? Commissioner Carollo: Yeah; that's what I was told; Gort actually seconded. Mr. Hannon: Sorry, Chair. The mover was Vice Chair Russell? Chair Hardemon: The mover was the Vice Chair; the seconder was Commissioner Gort. Is there any further discussion on that? Hearing none, all in favor; say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Okay, thank you very much. We'll move our attention back to the regular agenda. Mr. Hannon: And Chair, I just need a minute to flip the tape. Chair Hardemon: Take your time. Commissioner Gort: The special session is afterwards? Special session afterwards? City of Miami Page 3 Printed on 111312017 City Commission Meeting Minutes December 8, 2016 PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Mr. Hannon: Thank you, Chair. Chair Hardemon: Thank you very much. Everyone has properly been sworn in for the PZ items, and just for the record, so that the record is clear, PZ.1 was continued, PZ.2 was withdrawn, PZ.4 is continued, and PZ.7 and PZ.8 were deferred indefinitely. So what I'd like to do is open up the floor for public comment on PZ items 3, 5, and 6. If you're here from the public and you want to speak on agenda items PZ. 3, 5, and 6, this is your opportunity to be heard, so I'll open up the floor for public hearing on items PZ. 3, 5, and 6. Is there anyone from the public that'd like to speak? Seeing none, I'll close the public hearing. The following item(s) shall not be considered before 2:00 PM PZ.1 ORDINANCE First Reading 1232 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning and OF MIAMI, FLORIDA, AMENDING ARTICLE 3, SECTION 3.6, "OFF-STREET Zoning ENTITLED PARKING AND LOADING STANDARDS"; ABSENT: ESTABLISHING SUBSECTION 3.6.1(F); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Wilfredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. Item PZ.l was continued to the January 26, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.l, please see "Part B: PZ - Planning and Zoning Item(s). " City of Miami Page 4 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 PZ.2 ORDINANCE Second Reading 1228 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Department of OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED Planning and "STANDARDS AND TABLES", AND ARTICLE 5, ENTITLED "SPECIFIC Zoning TO ZONES", TO REVISE LOT AREA AND LOT WIDTH MINIMUMS AND MAXIMUMS FOR T4, T5, AND T6 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For minutes referencing Item PZ.2, please see "Part B: PZ - Planning and Zoning ltem(s)." PZ.3 ORDINANCE Second Reading 1231 AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning and OF MIAMI, MORE SPECIFICALLY BY AMENDING ARTICLE 1, Zoning SECTION 1.2, ENTITLED "DEFINITION OF TERMS", TO ADD MICROBREWERY; AND BY AMENDING ARTICLE 6, TO ADD SECTION 6.3.6, ENTITLED "MICROBREWERIES"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13653 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For additional minutes referencing Item PZ.3, please seethe Regular Commission Meeting Minutes of December 8, 2016, "Public Comment Period for Regular Items. " Chair Hardemon: PZ.3. Francisco Garcia: Thank you, sir. Francisco Garcia, Planning and Zoning director. Item PZ.3 is before you on second reading, and this is an amendment to the Miami 21 Zoning Ordinance to introduce a new use to be titled "Microbreweries." They are distinguished from breweries that are mostly in industrial districts, allowed in industrial districts, by limiting the size, and also adding a significant number of Citv ofMiami Page 5 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 restrictions in terms of how they can be implemented, and they are to be allowed through a warrant exclusively in higher density, higher intensity areas, and within the cultural and cafe districts throughout the City. We have recommended approval, as has the Planning, Zoning and Appeals Board; before you on second reading, sir. Chair Hardemon: All right. Madam City Attorney, can you read the ordinance into the record. Ms. Mendez: Yes, Chairman. Just to clam, this is PZ.3, correct? Chair Hardemon: That is correct. Ms. Mendez: Thank you. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Okay. Is there a motion to approve? Vice Chair Russell: Move it. Chair Hardemon: It's been properly moved -- Commissioner Carollo: Second. Chair Hardemon: -- and seconded that we approve item PZ.3. Any discussion on the item? Hearing none. Todd B. Hannon (City Clerk): Roll call on item PZ. 3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Chair Hardemon: Thankyou very much. City of Miami Page 6 Printed on 111312017 City Commission Meeting Minutes December 8, 2016 PZA ORDINANCE Second Reading 1220 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE DOWNTOWN MIAMI Planning and DEVELOPMENT OF REGIONAL IMPACT ("DDRI"), ENCOMPASSING Zoning AN AREA OF THE CITY OF MIAMI ("CITY") UNDER THE ABSENT: JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") WITH THE EXCEPTION OF THE AREA ENCOMPASSING THE SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF REGIONAL IMPACT ("SEOPW DRI"), AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE DDA; AUTHORIZING AN INCREMENT III DEVELOPMENT ORDER; APPROVING SAID DDRI AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY'S PLANNING, ZONING AND APPEALS BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT III DEVELOPMENT ORDER ATTACHED HERETO AS "EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL, INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE INCREMENT III DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF THIS RESOLUTION AND THE AMENDED DDRI INCREMENT III DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT III DEVELOPMENT ORDER; PROVIDING FOR A TERMINATION DATE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. Item PZ.4 was deferred to the January 12, 2017 Regular Commission Meeting. Note for the Record. For minutes referencing Item PZ.4, please see "Part B: PZ - Planning and Zoning Item(s)." City ofMimni Page 7 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 PZ.5 ORDINANCE First Reading 1314 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL Suarez SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF .158± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 28 NORTHWEST 30 STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Deny RESULT: DENIED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez ChairHardemon: PZ.S. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ.S and PZ.6 are companion items. They are respectively a proposed amendment to the land use designation for the property at 28 Northwest 30th Street. That land use designation would change from medium density multifamily residential to general commercial. And PZ.6 is the proposed rezoning of properties at 26 Northwest 30th Street and 28 Northwest 30th Street. The proposed zoning change in those properties is from TS -O to T6-8-0. The Planning, Zoning and -- I'm sorry -- the Planning and Zoning Department has recommended denial on both requests. The Planning, Zoning and Appeals Board recommended approval for the land use designation and recommended denial for the rezoning proposal. And I understand the applicant has introduced a covenant for your consideration that may address some of the concerns originally set forth by the Planning and Zoning Department. I'm happy to yield to the applicant, and I'll remain behind to answer any questions you may have. Steve Wernick. Good afternoon, Mr. Chair, members of the Commission. Steve Wernick, here on behalf of the applicant; address of my office is 98 Southeast 7th Street. We do have a declaration of restrictive covenants that we have previously sent to the City Attorney's Office. They've reviewed it, approved it as to form. I believe this addresses the comments that we received from staff in their original recommendation. It also has been reviewed by the Wynwood Business Improvement District Board, and yesterday, at their board meeting, they passed a resolution recommending support with the covenant. This would essentially cap the height of the -- any buildings on the subject parcels, which would provide an appropriate transition, both to the west and to the north, where the character of the neighborhood starts to change from the more commercial industrial nature to the south and to the east. So we have to present into the record a declaration of restrictive covenants, along with the Business Improvement District resolution and letters of support that we had previously received, including from the immediate City of Miami Page 8 Printed on 111312017 City Commission Meeting Minutes December 8, 2016 neighbor to the west, who's supportive of this project, and I don't believe there are any current objections to the application at this time. And I'm here for any questions that you might have of me. Chair Hardemon: Yes. You know, a recommendation from the Wynwood Business Improvement District isn't moving to me in this situation, because when I see it, the Wynwood Improvement District is concerned about the height of the BID (Business Improvement District) area, which is -- they've always been concerned about. The Wynwood Improvement -- the Business Improvement District and some of those properties that they've -- or property owners have purchased have done to Wynwood what people call, you know, this -- Wynwood was probably -- is probably one of the areas that has been gentrified, and I would say the worst. Why? Because a lot of the residential properties have turned into commercial properties. So -- Vice Chair Russell: Correct. Chair Hardemon: -- we know some of those places that are in the Wynwood area that used to be homes that are no longer homes and they're using for other purposes. And so, here, when I look at this -- the future land use map, the existing land -- well, the existing future land use map, we're talking about an area that is medium density multifamily residential. Across from the lot that you're speaking of is medium density multifamily residential; and then, to the east of it would be medium density multifamily residential. And so, when I look at this, all I see is more encroachment into the neighborhood. And when you walk down that street, you take a look down that street, the east -- that would be -- Mr. Wernick: To the west. Chair Hardemon: -- to the west. To the west of those properties, I mean, those are single-family homes -- or -- I'm sorry -- they're homes. And you can take a look at the -- when you walk down the street, I mean, you see home after home after home; compared to this property that we're speaking of now, and east of it, where you're going to -- you're seeing higher -- it's general commercial, so higher intense uses. So, literally, I mean, you have -- it appears to be five feet concrete walls, with aluminum -- I don't know what you would call it -- on top of the gate on the wall, you have the aluminum post, some of -- Mr. Wernick Pickets. Chair Hardemon: -- pickets, aluminum pickets. And across the street from your subject property, there's a wall, plus -- what is that material called in the jails? Mr. Wernick: Barbed wire. Chair Hardemon: Barbed wire, right; next to residential homes. And so, when you come to the Commission and you ask the Commission to amend the map to change from medium density multifamily residential to a general commercial, where -- and so everyone can have an opportunity to see, and you can see, as well, -- it's directly across the street from medium density multifamily residential, I don't see how that's something that I can do and be -- and it be responsible. It really, to me, looks like the goal would then be to make that entire block or at least half of the block, or one more parcel in, general commercial, and that changes the neighborhood. You have medium density here, duplex residential here. I don't see it being a smart thing to do. Mr. Wernick: Mr. Chair, I think your concern is a good one, and it did come up at the Planning, Zoning and Appeals Board meeting, and actually, all along the way. City of Miami Page 9 Printed on 111312017 City Commission Meeting Minutes December 8, 2016 And staff has been sensitive to this issue, which is, how do we appropriately transition from what is essentially the boundary of the ARD (Neighborhood Revitalization District) District here and the Business Improvement District into a neighborhood that is historically more residential in character; and it's a mix of duplex, triplex; there's some single-family homes still. This site, just to be clear, has been under contiguous ownership, with commercial uses since prior to even the Neighborhood Revitalization District effort, and it could have been that the rezoning effort and the ARD boundary line could have included these subject parcels; it did not. But when we were studying this, one of the things that, to me, was very compelling and is -- distinguishes this site from others along 29th Street to the north or 30th Street is that it is on the intersection of North Miami Avenue and 29th Street, and it is contiguous ownership, and it's already commercial use; whereas, to the west, you do have existing homes and residential use. So part of what the covenant is attempting to do is to make sure we're not setting a precedent or creating a domino effect, in which other applications are coming in to completely rezone the entire block, but that this situation is recognized as a unique one in which this site basically has split zoning today. And, in fact, the future land use map already includes about 90 percent of it as general commercial; it's just this one parcel that was left off. And so, the zoning and the future land use map, and the NRD boundaries all have different lines. Chair Hardemon: Mr. Garcia, currently -- well, I'll ask you first, counselor. The parcel of land that we're discussing right now, what is it used for today? Mr. Werner: It is used as a commercial surface lot -- Vice Chair Russell: Parking lot. Mr. Werner: --for the Subsea Global -- Chair Hardemon: Right. Mr. Werner: -- operation. Chair Hardemon: Is that a allowable use under its current zoning? Mr. Garcia: It is, sir. Chair Hardemon: Okay. And so, changing the zoning would allow more -- a different use than what it's being used for today? Mr. Wernick: It changes the development standards -- well, I mean, the current zoning would allow commercial and residential. The new zoning proposed would also allow commercial and residential, but it changes the density; it changes some of the standards that are applicable. But in terms of whether it's primarily commercial versus primarily residential doesn't really change that. Chair Hardemon: The property that is just west of the subject property, is that a single-family home? Mr. Wernick: It is a single-family home with an accessory unit in the back, I believe. That's Ms. Penn's residence, and she owns the property, as well, and she's one of the letters of support that we have, because all those properties are already zoned TS under the current zoning map. Chair Hardemon: I don't think a -- I don't -- I'm having an issue with it, because I don't think that the covenant is going to satisfy my first thought, when I think about City of Miami Page 10 Printed on 111312017 City Commission Meeting Minutes December 8, 2016 this area and I think about other areas like it. I mean, what you're asking me to do is to increase the density in an area that is already zoned medium density multifamily, where I can clearly look and see on this street that it is a neighborhood for families. And I understand what you're saying; that the current zoning allows them to use it as a surface parking lot. And that's all well and good, but to increase it to make that also a general commercial, where it has not been general commercial before, and where it now take -- today, that general commercial usage would be directly across the street and west of medium density multifamily residential units. I mean, essentially, you are --you're in the neighborhood. Mr. Wernick: Well, immediately across the street is also commercial surface lots currently. Chair Hardemon: One of -- Mr. Wernick: If you look -- I don't know if you have a photo in front of you there, but the -- if you look at the zoning map and the future land use map, you're correct. But in terms of the current use, there aren't homes immediately to the north of the property. But that's part of what the covenant is trying to do, is increase -- it's actually increasing the setback to the north. There's also the cap on the height, so that these parcels would not be able to take advantage of the bonus height that would normally be allowed in T6-8. It's also -- the covenant -- the last thing the covenant is doing is making sure that a project, as planned for this site, would go back in front of the Wynwood Design Review Committee so that there's a public process and an ability to have input before any project is approved. And we're, of course, happy to meet with any other neighbors or any associations that might want to participate in that process, as well. Chair Hardemon: When I look at this area, counselor, I see 16 Willet trucks that are just near this subject property. I see flatbed -- seems like some sort of towing -type vehicles that are there; and then next door to it, my typical home -- like sedans. You know, this is a residential street that has commercial uses on the very end of it, like most streets do, but you're asking me to increase the residential -- I mean the commercial uses into that neighborhood, where, when I look at this map, I mean -- you know. Mr. Wernick Sir, maybe one thing I could suggest is this is first reading. Chair Hardemon: (UNINTELLIGIBLE). Mr. Wernick I think second reading would not come back until the end of January, at the earliest -- Chair Hardemon: I'm not -- Mr. Wernick: -- and so, we're happy to work on -- Chair Hardemon: I'm not inclined, necessarily, to do that. Mr. Wernick: Okay. Commissioner Carollo: You want to defer it? Vice Chair Russell: Mr. Chair. Chair Hardemon: You're recognized, sir. City of Miami Page 11 Printed on 111312017 City Commission Meeting Minutes December 8, 2016 Vice Chair Russell: If I could ask Mr. Garcia, and I hope I didn't miss it, your department recommended denial on this? Mr. Garcia: Yes, sir. Vice Chair Russell: Did you already explain the logic behind that denial? Mr. Garcia: Yes. I'm happy to do so. And there is one slight anomaly that I'd like to elaborate on, because the Chairman has alluded to it. The subject site, as well as the sites immediately to the west, south of 30th Street, are all zoned TS -O. Now, there is a misalignment between the TS -O zoning and the underlying multifamily residential land use designation, which is, I believe, why the PZAB (Planning, Zoning and Appeals Board) ultimately recommended approval. Chair Hardemon: It was 3-5. Mr. Garcia: Correct, it was a close -- again, it's -- it can go either way. There should be a realignment of those two designations. The question is, which way should that realignment go? Is it that the zoning should change, or is it that the land use should change? The two are disparate at present. I just wanted to point that out for the record. That said -- Chair Hardemon: And the rezoning of it was denied by both Planning and Zoning Department -- Mr. Garcia: Correct. Chair Hardemon: -- and by the Appeals Board. Mr. Garcia: And I'm coming to that right away. The main of our concern and the main of the support for our recommendation for denial had everything to do, as well, with the properties across the street, to the north of 30th Street. Those are presently zoned T4 -R. Now, the parcel that is immediately across the street to the north from the subject site, if it is used presently as a commercial parking lot, that use is not in compliance with the present zoning designation. Those are intended to be residential lots, full stop; which is why our main concern is that, should this site, the subject site be developed in a mixed use or a commercial fashion, due deference should be provided to the residential properties to the north, and there's nothing in the Zoning Ordinance that guarantees that at present, based on the present zoning designation; and certainly, that would be exacerbated by an increase in density and intensity. They've gone through their proffered covenant partway towards addressing that by reducing the height, which, presumably, would have the intent or the result of reducing the density. That's a question mark attached to that. But we are still very concerned about the frontage along 30th Street, and how it responds to the T4 -R parcels to the north. You've heard me say in many instances before you -- before this board -- that we think there should be an appropriate order of transition in the transect zones in a specific area. Here, we think that balance has been arrived at essentially right. There is T6-8-0; then there is one set of laws that is TS -O; then there is a street in between; then T4 -R, then T3-0. So you have a textbook example of exactly how it is supposed to work. If we're going to disrupt that order; there would certainly have to be abundant precaution taken that that exception created would not unduly impact the properties that are residential, immediately to the north. Mr. Wernick: And Mr. Chair; just a comment on -- Mr. Garcia said about the Planning and Zoning Appeals Board's actions. They recommended approval on the land use change, essentially recognizing that the general commercial designation City of Miami Page 12 Printed on 111312017 City Commission Meeting Minutes December 8, 2016 that 90 percent of this site already has probably should have already applied to this far western parcel, but they were not convinced at that time that the rezoning was appropriate; partly, I believe, because we had not at that point proffered a declaration of restrictive covenants. So they were concerned about overdevelopment on those western parcels. Chair Hardemon: But, still, I mean, I'm not necessarily convinced by that argument, because, typically, you have your general commercial on the thoroughfare, right? So that first parcel in is, say, a commercial. What I've seen the Administration attempt to do is transition into the neighborhood. So then, just like north of this site, a few parcels north, you have low density restricted commercial, which was a -- which transitions into the duplex residential. Here, one parcel in, you have general commercial. And now, you're asking to go another parcel in for general commercial, and I don't think that that's fitting. Mr. Garcia: And so, I should emphasize, just for clarity's sake, the TS -O that the subject parcel presently enjoys without any changes would allow, in principle, to host commercial uses; the "O" itself does that. We are concerned that, unless that commercial use is implemented in a very careful fashion, that would have -- and we would certainly try to ensure that through our review process -- a negative impact on the T4 -R properties to the north. So, certainly, any change that takes place, if any, should take that into consideration. That really is the main of our concern. Chair Hardemon: Counselor; is there any other testimony that you want to put on the record? Mr. Wernick: If you don't mind, if I could ask -- direct a question to the Planning director on something that might address your concern? Chair Hardemon: Sure. Mr. Wernick: Is the future land use category of restricted commercial, a category -- I don't think this is something that has come up before, but it might address the Chair's concern. That is, obviously, less --provides for less intensity and per -- it's called "restricted commercial, " as opposed to "general commercial. " Do you believe that that future land use category might be appropriate here, in this case, for this far western parcel? That might distinguish it from the general commercial. I believe it still allows for all the same residential uses that general commercial allows; it just places some additional restrictions on commercial office, other non-residential uses. Mr. Garcia: That is correct. The land use designation does not affect the density at all. It affects, if anything, the commercial uses or the office uses that might be put in place on the subject parcel. Chair Hardemon: But the only issue that I see with the restricted commercial when I look at this future land use map that's existing -- then, to me, it starts to look a little like spot zoning, in the sense that I have -- the only other restricted commercial I have is across the avenue. So two property -- your property that's just east, that folio just east; and then, the next property that you own, which is on the avenue; and then, across the street is your only restricted commercial. And so here, you'll have restricted commercial, where north of it, you still have multifamily residential and low density restricted commercial. I don't think I could support it, and what I would askfor is for my Commissioners to -- a motion to deny PZ.S. Commissioner Carollo: Move. Move it. Chair Hardemon: Seconded by the Chair. Any further discussion on that? City of Miami Page 13 Printed on 111312017 City Commission Meeting Minutes December 8, 2016 Mr. Wernick I mean, if the Chair would like, we'd be happy to come back at the next meeting and use that as an opportunity to come to your office and present any, you know, any additional information that we might have. I think the BID Board was also concerned about this, and made a statement about, you know, not wanting to see any kind of domino effect, and not wanting to expand the NRD boundaries until there was an opportunity to look at them as a whole. And so, we're not -- that was something we did not even ask for -- to expand those ARL) boundaries -- because we knew that that was a larger discussion and involved a lot of stakeholders who, you know, would want to look at that holistically. So this was really just an attempt to provide a co -- you know, a unified site on this northwestern corner of the intersection, where you've got an auto body shop and the Subsea Global site -- it's not been residential use -- and just provide that with unified zoning, so when they come forward with their project, they've got one zoning, you know, transect that they can go by, which governs their development. Excuse me. So I think there's already been a message sent, and that's part of why this covenant was proffered; that this is not a situation where the BID would even be supporting T6-8 zoning along that south side of 30th Street that they recognize this is a residential neighborhood that is going through some transition and evolution, and there are a lot of transactions happening, there's a lot of sales happening, but it needs to be looked at holistically in terms of all those properties further to the west, and making sure we're preserving and protecting the primary residential character of the neighborhood; whereas, this site has already been commercial use for quite some time. Chair Hardemon: But the parcel that we're identifying today, was that parcel apart of the original group of folios that was owned by that owner? Mr. Wernick Yes. So there's three folios on the south side of 30th Street. The largest one on Miami Avenue and 30th Street is where the Subsea Global Building actually sits, and that was owned contiguously with 26 and 28 Northwest 30th Street, which are the surface parking lots. So those three folios have all been owned and used contiguously by the same business since prior to Miami 21. I don't know the exact date, but it's been quite a number of years. The partial on the south that fronts on 29th and Miami Avenue is the Murphy's Auto Repair Shop. That was owned separately until my client bought that, as well. But all the parcels on the north side, in theory, could have been included together in the NRD boundaries, and could have been all T6-8. You know, we may not have been here had the NRD effort actually made that change; it did not, and so, that's why we filed these applications to have a unified zoning. Chair Hardemon: I think on this, I'm going to follow my staff recommendation. All in favor; say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes as presented, so PZ. S fails. City of Miami Page 14 Printed on 111312017 City Commission Meeting Minutes December 8, 2016 PZ.6 ORDINANCE First Reading 1315 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning and NO. 13114, AS AMENDED, BY CHANGING THE ZONING Zoning CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 26 NORTHWEST 30 STREET AND 28 NORTHWEST 30 STREET, MIAMI, FLORIDA FROM 75-0", URBAN CENTER TRANSECT ZONE -OPEN, TO 76-8-0", URBAN CORE TRANSECT ZONE -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Deny RESULT: DENIED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record. For additional minutes referencing Item PZ. 6, please see Item PZ. 5. Chair Hardemon: PZ. 6; motion in accordance. Is there a motion? Vice Chair Russell: Move it. Chair Hardemon: Been properly moved; seconded by the Chair. Any further discussion? Seeing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Against? Todd B. Hannon (City Clerk): And again, Chair, that was to deny, correct? Chair Hardemon: To deny, correct. Francisco Garcia (Director, Planning & Zoning): Thank you, Chair. That's all I have on the Planning and Zoning agenda. Chair Hardemon: Thank you very much. Going back to the regular scheduled agenda. Mr. Hannon: It's my understanding, then, that we are now done with the Planning and Zoning agenda. Chair Hardemon: That is correct. Mr. Hannon: So therefore, we can go ahead and adjourn the Planning and Zoning meeting. And if you can just give me a second, we're going to flip the tape back to the regular. City of Miami Page 15 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 PZ.7 ORDINANCE First Reading 1288 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, Planning and PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES Zoning SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" WITH AN URBAN CENTRAL BUSINESS DISTRICT ("UCBD") OVERLAY TO "PUBLIC PARKS AND RECREATION" WITH AN "UCBD" OVERLAY, THUS REPEALING ORDINANCE NO. 13396, ADOPTED ON JUNE 27,2013; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Reeord: For minutes referencing Item PZ.7, please see "Part B: PZ - Planning and Zoning ltem(s)." PZ.8 ORDINANCE First Reading 1289 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning and NO. 13114, AS AMENDED, BY CHANGING THE ZONING Zoning CLASSIFICATION OF THE PROPERTY LOCATED AT ABSENT: APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI FLORIDA FROM 76-4813-0", URBAN CORE TRANSECT ZONE -OPEN, TO "CS", CIVIC SPACE TRANSECT ZONE, THUS REPEALING ORDINANCE NO. 13397, ADOPTED ON JUNE 27,2013; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing Item PZ.8, please see "Part B: PZ - Planning and Zoning Item (s). " END OF PLANNING AND ZONING ITEM(S) City ofMimni Page 16 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 Iawtull01C7:81Xr]1.11UlIEel I, END OF FUTURE LEGISLATION City of Miami Page 17 Printed on 1/13/2017 City Commission Meeting Minutes December 8, 2016 ADJOURNMENT The meeting adjourned at 3:42 p.m. City of Miami Page 18 Printed on 1/13/2017