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HomeMy WebLinkAboutCC 2017-11-16 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com TY EDI6 Ar T i * INC0RP CBATE0 1 is 08 0__ It__ �r Meeting Minutes Thursday, November 16, 2017 2:00 PM Planning and Zoning City Hall City Commission Francis Suarez, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Frank Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes November 16, 2017 2:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE ORDER OF THE DAY Present. Chair Hardemon, Vice Chair Russell, Commissioner Carollo and Commissioner Reyes Absent. Commissioner Gort On the 16" day of November 2017, 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 3:17 p.m., recessed at 5:05 p.m., reconvened at 5:34 p.m., recessed at 7.32 p.m., reconvened at 7.41 p.m., and adjourned at 8:13 p.m. ALSO PRESENT. Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Nicole N. Ewan (Assistant City Clerk): Chair, we're ready. Chair Hardemon: Madam City Attorney? Victoria Mendez (City Attorney): Thank you, Chairman. PZ (Planning & 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 City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice, pursuant to Florida Statute 2860115 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 such 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 may first state his or her name and his or her address, and what 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 the City Commission approval. The applicant will 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 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 Miami 21 and the City Code, providing that the applicant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendations they may 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 City of Miami Page I Printed on 11412018 City Commission Meeting Minutes November 16, 2017 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. Ms. Ewan: Good afternoon, ladies and gentlemen. If you will be speaking on 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. Ms. Ewan: Thank you, Chair. Chair Hardemon: Thank you very much. Later... Chair Hardemon: I'm going to recess from this meeting and move back to our regular agenda meeting. Francisco Garcia (Director, Planning & Zoning): Sir, did you want to entertain continuances for three PZ (Planning & Zoning) items? Chair Hardemon: Oh. Before we go back to the regular agenda meeting -- I'm sorry -- I want to entertain some motions for continuance on the PZ agenda. Commissioner Carollo: And Mr. Chairman, could then we take like a five-minute recess? Five minutes? Chair Hardemon: All right. Mr. Garcia: For your consideration, Commissioners, there have been three continuances requested, and they are for items PZ.4 and PZ.5 -- Chair Hardemon: One second. Please, everyone, if you're having a conversation and you're in the dais, we're still in our meeting. Can you step outside? Sergeant - at -arms, help us out. Mr. Garcia. Mr. Garcia: Yes, sir. Thank you. Very briefly, there have been requested continuances for items PZ.4 and PZ.S, which are companion items for a land use and rezoning at 29 Northwest 42nd Street and adjoining areas. And the request there is for the February Planning & Zoning meeting. I know there are representatives of the site and other parties here to speak to that, should you wish to hear from them. And it is also the case that this morning, there was a deferral requested for item PZ.27; that would be the zoning text amendment for the underlying corridor enhancements, and that would be for the month of December. The day is December 14. Vice Chair Russell: 4, S, and 27? Chair Hardemon: So 4, S, and 27, correct? Mr. Garcia: That is correct, sir. Chair Hardemon: Okay. City of Miami Page 2 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Todd B. Hannon (City Clerk): Chair? Mr. Planning Director, would you also like to address PZ. 6? It's my understanding that SR.1 was continued? Mr. Garcia: You are correct. There was a wish expressed this morning that that be continued, as well, alongside its companion regular agenda item. Thank you. Chair Hardemon: That's to the December meeting. Any further items that need to be withdrawn -- I mean withdrawn, continued, deferred? Seeing none, is there a motion to approve the list? Commissioner Carollo: The listfor deferrals, right? Chair Hardemon: Deferrals, correct. Commissioner Carollo: Motion --yes. I make a motion for the deferrals. Mr. Hannon: I'll read them again real quick. PZ.4 and S are be -- to be deferred to the February 22, 2018 Planning & Zoning City Commission meeting; PZ.26 and PZ. 7 -- 27 will be continued to the December 14 Planning & Zoning meeting. Commissioner Carollo: Yes. And I make the motion, and I think Commissioner Reyes seconded it. Chair Hardemon: It has been properly moved and seconded. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Five-minute break; come back on the regular agenda. And I just want everyone to know if you are here -- PZ.21 and 22, what -- Vice Chair Russell: Actually, there was another one. Chair Hardemon: Let's see. PZ.21 and 22, prepare yourselves; shortly after we come back, I want to try to call those out of term. The -- one of the participants in the -- in these cases has an emergency, so I want to ensure that we try to handle that as soon as possible, okay? Commissioner Carollo: Yeah. Chair Hardemon: All right. Thank you. Mr. Hannon: Chair -- Chair Hardemon: Yes. Mr. Hannon: -- but we're recessing -- Chair Hardemon: We're recessing. Mr. Hannon: -- to go back to the regular meeting? Chair Hardemon: We're going back into the regular. Mr. Hannon: Okay. Yes, sir. City of Miami Page 3 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PUBLIC COMMENT PERIOD FOR PLANNING AND WINING ITEM(S) Chair Hardemon: You're recognized, sir. Salvador Perez Palma: Good day. My name is Salvador Perez Palma, 400 Southwest 10th Avenue. I'm hereto speak in opposition of PZ.19. Changing from medium -density commercial restricted to merely commercial restricted would increase the demolition of historic Little Havana. These lots are being up -zoned as a preemptive move to demolish these structures and replace them with structures that are far larger and out of scale with the neighborhood. Little Havana has been declared by the National Trust for Historic Preservation as one of the most endangered neighborhoods in the United States. Let us not contribute to the killing of the history and culture of this neighborhood. In addition, changing the future use would increase in density and infill of buildings that do not fit with the neighborhood. We need to preserve the history and culture and neighborhood of the area, and oppose PZ.19. Thank you very much for your time. Debbie Stander: Good evening, Mr. Chairman and honorable Commissioners. My name is Debbie Stander. I live at 830 Northeast 74th Street, and I'm here today on behalf of the MiMo (Miami Modern) Biscayne Association to speak in support of PZ. 7, the art in public places proposed legislation. We're in favor of the legislation, and we'd like to ask the City Commission to recognize the importance of the preservation of Miami's historic resources. One need look no further than South Beach or Coral Gables to recognize the tremendous benefits to communities involved, bringing new life to businesses in each area, and eventually resulting in visitors from around the world who enjoy basking in the unique historic character of these renovated neighborhoods. Demolition by neglect is a prevalent problem within historic districts. Properties which speak to the character and history of our City are torn down, because owners lack the funds to maintain them. It's my understanding that the proposed legislation would help to address these cases, as well as to serve the preservation community in many other ways. I ask the Commission to please give as much importance and thoughts to the needs of the preservation community as it does to new developments. Both are essential components in ensuring Miami's future as a unique and beautiful city. Thank you. Arthur Ackerman: Hello. My name's Arthur Ackerman. George Burns once said, "If you're going to have a speech and you have something to say, have a short beginning, a short ending, and keep both of them pretty close together," so that's what I plan on doing. Okay, I won't be long. About 18 years ago, my mom passed away, and amongst the things that she left was a bunch of costume jewelry, and I put this in a shoebox and saved it. About three, four years later, her good friend passed away, and she left a bunch of costume jewelry. So I had two boxes of costume jewelry, wasn't sure what to do with it. A few friends said, "Why don't you donate it?" So I started looking around, where to donate it, and the name, Miami Jewish Health Systems popped up. I went there and I said, "I'd like to donate the costume jewelry. " And they were happy to accept it; they gave me a receipt. And while I was there, something magical happened. I just saw the residents, I saw the doctors, I saw the nurses. Something there, the energy just hit me. And I had just recently retired, and I said, "How do I go about volunteering here? I'd like to be a volunteer." And shortly after that, I was signed up, and I've been a volunteer therefor years. I ended up being the volunteer of the year once, as well. And what I do there as a volunteer, I go and listen to the residents. I visit them, and in some cases, I'll hold their hand and I'll walk with them. And amongst the places Igo is the dementia floor. And on the dementia floor, I noticed it's a long hall. They go back and forth and back and forth, and these people, that's their life. When I heard about this project called "Pathocare [sic]," where they're building a village where the people with dementia City of Miami Page 4 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 can go there and have the freedom and have -- and feel like a whole person. Not only is it a win-win for them, I think it'll encourage more volunteers. It'll also encourage the filming business to come. Okay, I'm sorry. I guess it wasn't as short as I thought it would be. Okay. Thank you for listening. Chair Hardemon: Thank you, sir. Anthony Alfieri: Professor Anthony V. Alfieri, director of the Center for Ethics and Public Service at University of Miami School of Law, appearing here today on behalf of the Coconut Grove Ministerial Alliance of Black Churches to seek a 30- to 60 -day deferment of the Day Avenue zoning -- up -zoning matters for the purposes of maximizing community and citizen -wide participation of West Grove residents and nonprofits, and civic associations to give notice and a full opportunity to be heard on the final recently submitted proposal of the developer of the Day Avenue Eight properties. As you know, in the past in this matter, the Center for Ethics and Public Service has opposed up -zoning on the ground of the Civil Rights Act of 1968, the Fair Housing Act. In this case, we are making a very narrow, modest request for a 30-60 today -- a 30- to 60 -day deferment to allow the community a final opportunity to review this matter in its final form, and we have extended an opportunity to collaborate with the developer's counsel, and we welcome his participation. We also welcome the City's participation. And at the end of that period, we will provide a full report and recommendation of the community's views and all of its diversity, including, if appropriate, dissenting views. And then, the Commission can be fully satisfied and the developer can be fully satisfied, and the community can be fully satisfied that they had full notice of the final proposal in its current final form, and an opportunity to be heard and participate in this important process. Chair Hardemon: Thank you. Is -- has the developer's attorney considered this request for a continuance for 60 days? Ethan Wasserman: Hi. Ethan Wasserman of Greenberg Traurig, 333 Southeast 2nd Avenue, on behalf of the applicant. We have -- the professor and I have spoken outside. I understand that the professor was recently informed that certain groups that may have been monitoring this item were really not monitoring the item, but there has been significant outreach to the community. We're fully ready to move forward today. I understand the position he's in and what he's asking, but I believe that there has been significant outreach to the community. The community is wide. There are lots of different voices in the community. I understand that, we understand that, but we are fully ready to proceed today. Mr. Alfieri: Commissioner, we are not quarreling, for the record, with Mr. Wasserman's good faith or the good faith of the developer in this case. We only learned yesterday at the Center for Ethics and Public Service that no tenant at Day Avenue Eight -- Contrary to our previous understanding, we learned yesterday that no tenant of the Day Avenue Eight units and no stakeholder, whether church or civic association, was represented by counsel. We had understood that both the Community Justice Project and Legal Services of Greater Miami were, in fact, representing stake -- both stakeholder and tenant interests, we learned yesterday. This is --please note for the record, this has been our only request for a deferment. We have not requested a deferment previously. We will not -- and go on the record, and I made this representation to Mr. Wasserman -- we will not seek any further deferments in this matter. We would like to bring it to a close, as well, so that the community can move on. But given the fact that no stakeholder or tenant has legal counsel in this matter; only the developer has very able legal counsel of Mr. Wasserman; and given the fact that the final proposal that is before the Commission has not been disseminated to the community in a way that would provide a full and fair opportunity to -- on this final proposal, we will take responsibility at the Center City of Miami Page 5 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 for Ethics and Public Service and the Ministerial Alliance for facilitating this process to make sure it comes to a close within the 30- to 60 -day period, and we only ask for 60 days as an outside period because of the intervening holidays. And we will -- and we commit to getting this process to a conclusion. But we believe that, because of the absence of legal counsel in the community, and because of the fact that the community has not had an opportunity to vet the final proposal of the developer that it is the right thing to do in these circumstances, to seek a brief deferment. Chair Hardemon: Okay. You want to say something, or you want --? Well, what we can do is we'll allow more public comment to come in, because people are waiting, and we'll digest this information and -- Mr. Wasserman: And again, just for the record, there has been several continuances of this item over the past several months. There's been significant outreach to the community. I don't -- Chair Hardemon: Understood. Mr. Wasserman: -- want to be mischaracterized that -- Chair Hardemon: We'll come back to the issue. Mr. Wasserman: Okay. Chair Hardemon: We'll come back to the issue. Mr. Wasserman: Thank you. Chair Hardemon: Okay. Mr. Alfieri: Thank you. Chair Hardemon: Give you sometime to think about it. Ileana Sroczynsky: Good afternoon. My name is Ileana Sroczynsky. I've been a property owner at 3751 Southwest 29th Street since 1970. I'm hereon PZ.17 and 18, the rezoning of 37th Avenue and 28th Street. I'm sure there's a construction project coming up to follow this request. My purpose here today is to let you know that when a construction permit is awarded, the construction crew descends on the residential neighborhood, and it creates a great deal of hardship for the residents of that area. If you have a home healthcare worker coming to your house, or if you have to take your kid to school, when you come back, there is no place to park. These people park everywhere. You cannot mow your grass, because they're there every day. They empty their trash in, you know, in front of your property, and it's a really -- a nightmare situation. In addition, I can tell you I wake up between 5 and 5:30 every morning, and it's because this crew, when they park there, they not just park there and leave, they stay there. They converse, they have their radio on, they click on their cars on and off. You know, I understand they have to have a place to park, but I would re -- please ask you to consider when you're awarding these permits for construction that the contractor either provides a place for these people to park, or tell them where to park, because I see this everywhere. I see it at 37th Avenue and 16th Street; everywhere, where there's a construction project, these people just descend in the neighborhood. Thank you. Jenny Ledig: Afternoon. My name is Jenny Ledig. I'm a third year law student at the University of Miami, and a fellow with the Environmental Justice Clinic. I'm City of Miami Page 6 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 here on behalf of the Coconut Grove Ministerial Alliance of Black Churches. We'd like to raise some concerns about due process provided for PZ.1 and 2. The Supreme Court of Florida has established that quasi-judicial decisions demand due process, competent substantial evidence to support the administrative findings and judgment; and that, three, the essential requirements of the law have been observed. The residents of the West Grove cannot say that they've received fair and timely notice regarding the changes to PZJ and 2. The restrictive covenant in the agenda packet is substantially different from what the applicant intends to propose to the Commission today in terms of doubling the density. Florida APA (Association of Prosecuting Attorneys) Statute 125.25(2) states that, "An agenda shall be prepared by the agency at least seven days before the event; and the agenda, along with any meeting materials, shall be made available and published on the agency's website." Further, a binding of -- Florida Attorney General Opinion states that, "The purpose of the notice requirement of the Sunshine Law is to apprise the public of the pendency of matters that might affect their rights; afford them the opportunity to appear and present their views; and afford them a reasonable time to make an appearance, if they wish. In the spirit of the Sunshine Law, the City Commission should be sensitive to the community's concerns that it be allowed advance notice; therefore, meaningful participation on controversial issues coming before the Commission." The community has not had meaningful participation, based on the double density proposal that is not included in the agenda packet, and which the applicant will submit today. Thank you. Weddary Joseph: Good evening, everyone. My name is Weddary Joseph. I'm here - - PZ.10 through 13, Miami Jewish Health Systems. There always seems to be a battle when it comes to perception and what's reality. Is there such thing as a middle ground there? Went to -- A couple weeks ago, I was watching a movie, and the main character on the movie became so upset at his father, he said, "The first chance that I get, I'm throwing you in a nursing home." My name is Weddary Joseph. I work at Miami Jewish Health Systems; been working therefor the last five years. I work in the engineering department. And we have a main goal over at Miami Jewish, and it's called "enriching lives." We do it every single minute of every single day. That's not a perception; that's a fact. But we're here more to speak about basic future plans, what we're going to do in the future when it comes to our village and things of that nature; touching lives that maybe we were not able to touch before; things that we didn't think were possible that now may have become reality. I want you guys to just think about what we're saying here, and make things that, like I said, may not have been reality, help us make it become reality, because there are some lives that are out there that are waiting to be touched, that are waiting to be kept, waiting to be enhances, waiting to be enriched. I want you guys to see what we do. I want you guys to touch what we do. I want you guys to be involved, make the adult daycare -- or when it comes to adult care -- Miami the center of that entire thing. What I do want, I want -- not only do I want you guys to do that, but I also want that director that made that movie make a sequel to the movie. Let the movie be called "Empathocare." Send his father into the show. Let's make a documentary and let him see what happens then when he enters into our building. And I guarantee you, the first -- last thing that he would say is, "The first chance that I get, I'm signing up to become a resident in our Empathocare Village. " Thank you, guys. (Applause) Chair Hardemon: You're recognized, ma'am. Ana Gonzalez: Good afternoon. My name is Ana Gonzalez. I'm here representing my family for the property at 740 Southwest 7th Street. PZs.19 and 20 is what's being presented here tonight. I'm neither for or against it, to be honest with you. I just didn't like the approach that was given to me by the person trying to buy City of Miami Page 7 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 properties, and made it seem to us like if we didn't go in with them, sell to them, that our property value was going to go down, and the building going up is going to become an eyesore to us. I don't see that as being right and fair and correct, and I think there should be something -- a middle ground. You know, if we don't -- we shouldn't have to sell, and if we don't sell, what can they do to make our property value stay the same or better; not bring it down? That's it. Thank you. Chair Hardemon: Thank you. Joyita Garg: Good evening. My name is Joyita Garg. I'm a vice president at Miami Jewish Health. I manage the PACE Program at the facility. "PACE" stands from -- for "Program of All -Inclusive Care for the Elderly. " The goal of this program is to keep nursing home -eligible seniors in the community, at their home, safely, as long as possible, through an interdisciplinary team. Currently, nationally, there are 122 organizations that are PACE Programs, and they serve over 42,000 eligible seniors across the nation. Miami Jewish started the first PACE Program in the State of Florida. We currently serve over 700 members in the community. We have three locations in Miami -Dade County and one location in Broward County. January 2018, we will celebrate our 15 years of the PACE Program in this community, and with the support services that PACE offers at Miami Jewish Services, like medical services, transportation services, nutritional services, physical therapy services, homecare services, we're able to keep -- improve the quality of life of these seniors who want to live at home as long as possible. And all the services that are provided at our campus support this PACE Program, and we hope to grow and continue to maintain the services in the community. Thank you. Williams Armbrister: Praise the Lord Jesus. My name is Williams Alfred Armbrister, Sr., and I'm here to address the PZ.1 and 2; and I was asked, also, to cover the PZ.19 and 20, with our concern in Coconut Grove, and it has to do with up -zoning. Up -zoning is costing the price of real estate to escalate to the degree that people in the community can't -- won't be able to afford to build homes and to stay in the community. And in PZ. 19 and 20, in that case, there were thousands of residents that had to be relocated from the Marlins area into Little Havana and in Homestead and Florida City for the purpose of building that Marlins Stadium. When you -- I was hoping to work closely with you guys, and I am going to continue to work closely with you to assist you in understanding the need for not allowing up -zoning and lot -splitting to take place in this City. And my concern is from County Line Road to County Line Road, because we keep increasing density without the transportation issue being addressed. And until we get the Metrorail going from County Line Road Monroe to County Line Road Broward, we cannot afford to increase density in these municipalities, because of what they're doing in South Dade. They're not providing any jobs in South -- in -- near the Monroe County; and so, everybody has to travel to -- towards Broward County for employment, and it's bringing a hardship as far as transportation to all the municipalities from County Line to County Line Road. I know that what we need, if -- for Coconut Grove purposes -- I'm sorry -- Coconut Grove, what we need, the City of Miami to invest whatever it takes to retool those apartment buildings on Grand Avenue, and couple that with a covenant that would -- working with the owner of those buildings so that they will not go -- they won't increase their rent for at least 50 years, such as what happened over on the Gibson Plaza. They got a 75 year covenant with those buildings there, where they won't increase their cost of renting for 75 years. We need to couple a covenant along with investment from this City on those buildings on Grand Avenue and anyplace else in the City of Miami that's going to keep gentrification from -- the manifestation of gentrification, which is the reintroduction of segregation. We don't want that. You guys are too young, and you haven't been here long enough to know the impact that segregation has had on the entire United City of Miami Page 8 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 States. I'm willing and I'm available to fill you in on that, because no one in this building has been involved in politics, City of Miami, as long as I have. Chair Hardemon: Some people say segregation was the best thing that ever happened to black people. Mr. Armbrister: Well, some people said slavery was, too. Would you be my slave? No. Chair Hardemon: Yes, sir. Mr. Armbrister: Segregation -- we went from slavery -- let me fill you in -- from slavery to free slaves to segregation to integration, and now we're going back to segregation, because of gentrification. Chair Hardemon: Yes, sir. Mr. Armbrister: We don't want to go backwards. And so -- Chair Hardemon: Thank you very much. Mr. Armbrister: --what I'm asking on behalf of Day Avenue is that you do not --Mr. Russell, we've been speaking to you. We want you to advocate for us in letting the developer know that we do not desire any up -zoning in our community and --just like they've up -zoned all over Coconut Grove. As a matter of fact, we like some of the zoning to be reverted back from TR -- T3-0 to T3 -R, where it was originally. Chair Hardemon: Thank you, sir. Mr. Armbrister: We've never request [sic] increase in density in our community, and anyone who has homestead exemption in our community qualifies to be apart of the discussion. Chair Hardemon: Thankyou, sir. Mr. Armbrister: And so -- but we don't want that in our community. Chair Hardemon: Thank you very much. Mr. Armbrister: And I'm speaking on behalf of the people that you never hear from. Chair Hardemon: Thank you very much. I appreciate it. Mr. Armbrister: Amen. Thank you. Chair Hardemon: Thank you. You're recognized, ma'am. Cassandra Joseph: Good afternoon. My name is Cassandra Joseph, and I, too, am a proud employee of Miami Jewish. Working at Miami Jewish is very surreal, as well as rewarding for me; surreal, because I was born and raised in the neighborhood commonly known as Little Haiti. I lived there with my family. Chair Hardemon: It is -- "Little Haiti" is official. Ms. Joseph: It is. A Couple years ago -- Chair Hardemon: So it's not "commonly" anymore. City of Miami Page 9 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Ms. Joseph: Yeah, yeah. Chair Hardemon: Okay. Ms. Joseph: Well, when I was living there, it was unofficial. Now it's official. And I was born and raised there, so going to work every day is just going home; it's like going home to me. So it's rewarding, because I get to give back to the community in which I call home. So it's a privilege for me to support the employees who provide care to the employees who all -- to the residents and patients who also call Miami Jewish home. So I ask you to go ahead and approve --give your approval for our project. Thankyou very much. Chair Hardemon: Thank you, ma'am. Sir. Jihad Rashid: Good evening, gentlemen. My name is J.S. Rashid. I am president of the Coconut Grove Village West Homeowner and Tenants Association. I'm here to comment on PZ.1 and 2. I'm asking as expeditiously as possible that we resolve the matter. We have a critical, acute housing shortage. We cannot solve all the problems on one project. I want to assure that there is some empowerment for our community with respect to the covenant, and that some consideration be given that -- two prominent organizations in our community, the Ministerial Alliance, as well as the Coconut Grove Village West Homeowners and Tenants Association be listed on the covenant. The concern is that in the future, when this Commission has sunsetted, this particular group here, 20 years from now, those things might get lost in the mix, and we need empowerment for the community. And so, whatever ways that is tenable and legal -- I understand there is precedent for that -- that they be also listed on it. The other matter as ofpracticality is to try to create aspirationally the number of ELI (extremely low income) units, with the proviso that organizations like the Community Development Organization and the City of Miami Community Development would come up with the subsidies to help support that additional ELI. We have to address the critical needs without overburden [sic] one particular project. So we want to effect a win-win, so that means that we need to work towards the public-private partnership concept and make sure that we get a additional amount of ELI. And we've had that problem -- even though we got 56 units at Gibson, it's woefully low, and we have people on fixed income, but the clock is against them. We can do this, so let's have some language in resolving this issue. And I have no artificial timelines. I think it's in our best interest that we do it as expeditiously as possible, and if we can expedite it, fine. And please give your due consideration to that. Thankyou so much. Chair Hardemon: Thankyou, sir. David Polinsky: Thank you so much. My name's Dr. David Polinsky, 1040 Biscayne. I'm a member of the Wynwood BID (Business Improvement District) board of directors, and I'm here to speak on behalf of the BID, in favor of a amendment to the draft of PZ. 7 that you've seen, so the -- This amended language was negotiated in the past 24 hours with Planning staff, and with the assistance of the director of Planning that would allow for the continuation of the evolution of arts in Wynwood and the use of the Wynwood Design Review Committee in lieu of the Art in Public Places Board as we develop our own guidelines over the next year, and would allow us to do so in a way that's not disruptive to the already successful art programs in Wynwood. So I hope you have seen the language and will be able to support it tonight. Thankyou. Chair Hardemon: Thankyou, sir. City of Miami Page 10 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Lisa Estime: Good evening. My name is Lisa Estime. I represent all my neighbors. We came here for the past three -- four meetings. The first time, it was the hurricane; the second time, there was no quorum; and the third one -- This is my fourth time. And other neighbors, they came with me that time, because we are there and the part of Little Haiti oppose the closing of the street that we have from Miami Jewish to Miami Place, between Miami Jew -- 52nd and 53rd, Miami Place, because that oppose for us to move on the car, because the street is very -- I mean, the streets are a little bit narrow to move. We always turning on -- I was there 20 years ago when they closed the 51st Street, without us knowing. And I don't understand. When they want to close the street, they know to the City. It's only the City help us know about those issues or nothing -- nobody send us any letter to know that we are going to close the street. Since that time, my property went down. I been having a lot of trouble for rental and everything. And then, when they close, the City, no one advised us about the closing of the street and/or sit down with us, let us know your project, what our part in the project and what is it. My brother used to be at Miami Jewish Home. I know what they are doing. They started in front of me. I was right there in the neighborhood. But when you are taking the decisions, nobody in the neighborhood exactly know about what's going on except people who are not living in the neighborhood, or who don't own a house in the neighborhood. Please consider we don't want to close Miami Place and Miami -- 1st Avenue we don't (UNINTELLIGIBLE) between the -- 51st and 52nd Street that they want to close, and say that it was abandoned. No. That where I turn my car every day passing by, and I know my -- all my neighbors, they upset about it; they don't like it. And the reason that they not here today, because they not sure that the meeting is going to take place again today; that's -- we miss about three meeting. We would come here all the way, spend time to be here, come from far away. Please consider we don't want and we oppose the closing of Miami Place, of I st Avenue, from 51 to 52nd. And whatever you have to close the street, we do have -- oppose that. We understand what they are doing. It's a big business, but they have to under -- consider us, also, who are living in the neighborhood; not only we live in the neighborhood, we have -- own properties in the neighborhood. They have to consider us, also, or come and sit down with us. Thank you very much. Chair Hardemon: Thank you very much, ma'am. Sir. Juan Mullerat: Good evening, Commissioners. Juan Mullerat, 2916 Southwest 27th Avenue. Congratulations, Commissioner Reyes, on your appointment. I'm coming here to speak on a few different items, but I'll stay short and I'll stay generic. The first -- I would like to talk on all the items that are with regards to Little Havana. I'd like to inform you that our ojfice is conducting a study. I'm not for or against any of the projects that are coming before you, but I'd like for you to consider that any introduction of new development in Little Havana needs to be contextual with what we have there. There have been no comprehensive studies in Little Havana for the last 10 years, in truth; whereas, for instance, in Coconut Grove, we've had over 15 in the last 10 years. So our office is conducting a study in association with the National Trust of Historic Preservation, and we are in conversations with the City of Miami Planning Department to make sure that our study is consistent with their plans; having also approached over 3, 000 people in the community in the last two years. The next two items that I'd like to speak briefly are in support of item 23, which is with regards to the pocket park in Shenandoah. We are sorely starved of open space, and this is a -- sorely needed. In fact, I'd like to see that Commissioners like you take -- as part of your goal is to add more open space to the communities. This is the least pricey, I guess, for the taxpayers, and the most impactful, by providing small open space throughout the community. And thirdly, with regard specifically to item 19, which is with regards to the parking garage, the rezoning that you have today in front of you, on 7th Street, we have -- I have been part of an advisory committee to the Florida DOT (Department of Transportation) for the last -- over a City of Miami Page 11 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 year. We are over 15 advisors. We are still working with DOT to make sure that the right-of-ways [sic] of both Southwest 7th and Southwest 8th are done -- again, consistently and con -- with the character and the context of Little Havana. It's very important to make sure that 8th Street remains the heart of Miami, and that it be -- it continues to be, and to drive the character of the area. So any change in that, please consider context. Please consider that there's more than just this single item happening at the same time. Thank you very much. Chair Hardemon: Thank you very much. Steven Hollis: Good evening, Commissioners. My name is Steven Hollis, and I'm with Grove United Environmental Health Coalition and the Center for Ethics and Public Service, and I'd like to echo what Professor Alfieri and Ms. Ledig spoke about regarding PZ.1 and 2. Within the Center for Ethics and Public Service, we do three things: We focus on rights education, interdisciplinary research, and public policy resources to the low-income community of the West Grove. In the West Grove, there is a lack -- yes -- of affordable housing; however, these residents deserve the opportunity to be heard. Many of them who attend -- over 25 to 30 residents attend the Grove United Environmental Health Coalition meetings, and these are open forum, educational conversations where we have invited the City. We have invited so many members of the community so they can actively learn about many of -- the jargon that they hear in this very City Commission meeting today. And with regards to the Day Avenue issue, there are substantial changes to the covenant that the residents and us -- the rights education portion of what we do is not -- due process is not relegated just to the Center for Ethics. The community must receive fair and timely notice, rather than just 24 hours to digest all of the double density language changes that the develop -- that the applicant is proffering; and so, we ask that. And I echo what Professor Alfieri and Ms. Ledig have said; that with regards to PZ.1 and 2, these residents need time to understand all the parameters of the issue; and also, for 60 days with -- taking into account the holidays --for the community to really get outreach, because we feel and the Grove United Environmental Health Coalition feels that they have not been actively reached out to with regards to these specific changes. Thank you. Chair Hardemon: Thank you very much. Sir, you're recognized. You're recognized to speak. Octavio Robles: Yes. Good afternoon, Commissioners. My name is Octavio Robles, 3109 Grand Avenue, here in the Grove. I'm an architect and a lawyer. I -- in-house counsel and legal contributor to Art Districts Florida Magazine and Art Pulse, which is a leading art magazine that is distributed in many parts of the free world. I'm here in support of the PZ.7 item on the agenda, art in public places. I'm here in my individual capacity -- not for the magazines -- as a friend of the City, and to express the immense opportunity that you guys have before you to pass legislation that would make -- give this City a leap in being a world-class art destination. I encourage you to pass this. This will be a phenomenal opportunity for the City of Miami. That's all I have to say. Chair Hardemon: Thank you, sir. Mr. Robles: Thank you. Have a good day. Chair Hardemon: Ma'am. Dolly McIntyre: Good evening. Dolly McIntyre, advocacy chair for Dade Heritage Trust, 190 Southeast 12th Terrace. I would like to encourage you to support the art in public places for all developments, new developments. I don't think the private City of Miami Page 12 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 field is suffering any hardship. When you see, you know, people donating $30 million a year and putting up multiple thousand glass monkeys there, I think they can afford to support art in public places, which includes a little bit for historic preservation. The second thing that I want to mention is Little Havana. Dade Heritage Trust has been working with Plusurbia, the National Trust, Baptist Health and other stakeholders for quite a while, developing a master plan. So please don't make any movement in there until that master plan is revealed and thoroughly studied, so we make the right choices this time. Commissioner Carollo: Mr. Chairman? Chair Hardemon: You're recognized. Commissioner Carollo: Who's paying for that master plan? Ms. McIntyre: It's coming from the National Trust. Commissioner Carollo: So they're funding everything? Ms. McIntyre: I think they are. Juan, you can help me with that. Chair Hardemon: Please. Mr. Mullerat: Juan Mullerat, Plusurbia Design. That master plan is being paid by the South Florida Health Foundation -- the Health Foundation for South Florida. Commissioner Carollo: So the Health Foundation is paying for a master plan on -- which includes what? The master plan includes? Mr. Mullerat: It includes -- you mean the area? Commissioner Carollo: No, not the area. It includes what in that master plan? What are you including in the master plan? Mr. Mullerat: It includes community identity, historic preservation, mobility; it includes everything from health in architecture to right-of-ways [sic] and how to improve them. It also includes zoning recommendations, as well as open space, and how to get that open space. Again, I was touching upon the pocket parks. So this is a nonprofit -driven project. Commissioner Carollo: Nonprofit driven? Mr. Mullerat: I'm sorry? Commissioner Carollo: You're saying, "nonprofit driven"? Mr. Mullerat: Nonprofit driven; paid by nonprofits. Ms. McIntyre: There's a really multi -disciplinary gathering; everything, as Juan said, from health to historic buildings, so it's really exciting, so don't jump the gun on us. Give us a chance to get that to you so you can make good decisions. Thank you. Chair Hardemon: Thank you very much. Mr. Mullerat: Thank you. City of Miami Page 13 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Reyes: Mr. Chairman. Chair Hardemon: Yes. Commissioner Reyes: I'd like to ask a question. Who asked for that and who was the one that initiated it? I mean, it was asked by any governmental agency, or it was just out of -- spontaneous from the --? Mr. Mullerat: So the Health Foundation for South Florida has been working in Little Havana for over 10 years indifferent programs for children. I mean, you're all probably familiar with the good work that they have been doing. We have been activists together with Dade Heritage Trust and the villagers, as well, in Little Havana, and the two -- the three -- the four groups got together at one point. We saw that there was an up -zoning happening a few years ago, and we thought this is a good moment to look at Little Havana comprehensively, and not just about zoning, and trying to see how both the public and the private realm can work together and create a place that is not just little by little being up -zoned and turned into Brickell. We felt that the reality of Little Havana was very different than Brickell, and we felt that the National Trust coming in and designating it a national treasure was sign enough that there was more interest there than just in Miami. Chair Hardemon: Commissioners, do you mind? I'm going to move -- Commissioner Carollo: I don't mind. Chair Hardemon: -- I'm going to keep moving. Commissioner Carollo: Yes. I understand. Chair Hardemon: I'm going to keep moving. Sir, you have -- Commissioner Carollo: Understood. Chair Hardemon: -- something that you want to make a public comment? Thank you very much, sir. Mr. Mullerat: Thank you. Ms. McIntyre: Before I sit down, can I just make one request? Chair Hardemon: You can. Ms. McIntyre: I'm getting old, I know, and my hearing is probably not as good as it used to be. But I'm having a terrible time hearing some of you, and it's disappointing, because I want to hear what you say. So please be conscious of speaking into your microphone. I'm short, so I can get right up to it. Some of you have trouble, but it would help -- Chair Hardemon: It's a big table that's in the way. Ms. McIntyre: -- me at least if you could talk more into the microphone, and encourage the people from the public to do the same. Thank you. Vice Chair Russell: We've never had trouble hearing you, Dolly. Chair Hardemon: You're recognized, sir. City of Miami Page 14 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Steve Wernick Thank you, Mr. Chair. Steve Wernick; address, 98 Southeast 7th Street; here on SR.2 and PZ. 7. One thing I noticed in the agenda, which is incorrect and I just want to clarify, because I think it's material to the order in which things have happened. It references the Planning, Zoning & Appeals Board as recommending approval in March. In fact, in April, they did recommend approval, but with an important condition, which is that the effective date of what is essentially the art fee or the private -- art in public places applied to private development or required for private development, that it be effective upon the creation of a public art master plan so that we know with more certainty where the fees might be going, how it might be helpful for communities. And I think that makes sense in the right order of things, because you seem -- you know, usually, you plan before you kind of figure out how you're going to implement policies and so forth, and it's effective immediately. The way the ordinance is set up, it will be effective upon you passing it today on second reading, and I know we have a Commissioner who wasn't here before, and there have -- I don't know if there's going to be a full presentation, but it's a pretty complicated set of ordinances, and I think it's something that needs a little bit more work. Thank you. Chair Hardemon: Thankyou, sir. You're recognized, sir. Mr. Wasserman: Hi. Ethan Wasserman again, for the record, just to close the loop on the request for deferral now that I've heard some -- a little more comments on the basis of the deferral. It's about the double density and the lack of, I guess, notice to certain individuals. Commissioner, on the record, at the last hearing, you were explicit on deferring it for this reason so that we can talk about the double density. So -- had a public hearing; it's been advertised, it's on the internet. Everyone has had an opportunity to know that that's what we would be adding to the discussion tonight. Chair Hardemon: Thank you, sir. Mr. Wasserman: Thank you. Chair Hardemon: All right. Mr. Alfieri: To close Mr. Wasserman's loop, everyone but the community has had an opportunity to vet that particular point; and so, we would renew our request for the deferment. Chair Hardemon: Okay. Public comment? Francisco Herretes: Yes. Chair Hardemon: Okay. Mr. Herretes: Good evening, Chairman, Commissioners. I'm Francisco Herretes, 6234 Northeast 2nd Avenue. I'm here today as chairman of the newly created Art in Public Places Board to support SR.2 and PZ. 7, the amendments on the -- for the Art in Public Places Ordinance. Firstly, we would like to thank Efren Nunez, Francisco Garcia, and the entire Planning & Zoning Department for their initiative and hard work over the past two years to propose thoughtful and long overdue art in public places legislation. As the ordinance reads, "The aesthetic diversity provided by art within the City's built environment is vital to the quality of life of its residents and to the economic success of its businesses, as it attracts visitors and potential residents, fuels the local economy by creating job opportunities, and assists the City in fulfilling its mission to make the City a premier world-class place in which to live, work, and raise a family. " We would add from research that public art and property City of Miami Page 15 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 values are directly correlated, where relative increases in mean residential property prices are significantly associated with higher proportions of art in a neighborhood. Public art can then directly immeasurably improve property prices, even in the very short term. Dollar for dollar, investments in public art may provide the highest financial returns of any funds committed to a project. However, the real value of art is so much more than the return on investment or revenue generated. From the impact on our health to the way it makes us think or feel, the true value of art is, of course, immeasurable. In January, the City Commission voted to bifurcate the original AIPP (Art in Public Places) Ordinance, providing the creation of the Public Art Program, the board fund the requirement for public development, which is phase one, and suggested improvements to the requirement for private development to be heard as a separate amendment, which is the reason we are here today. As some Commissioners were concerned, phase two is essential for the funding of the AIPP Program. Staff has estimated that phase one may contribute close to $400,000 annually to invest in new artwork, installation, maintenance, program administration, historical preservation, education, and nonprofits. Phase two, on the other hand, could contribute over $14 million per year, and ensure adequate resources for the City. Without the requirement on private development, the reality is that the AIPP Program would struggle to operate efficiently, and public art in Miami would suffer as a result. This process has been longer than anticipated, but that time has allowed staff to incorporate good suggestions from the Commissioners, artistic community, Builders Association of South Florida, University of Miami, Wynwood BID and others, which have resulted in a better ordinance. These changes include a $3 million minimum threshold; a tiered approach; the art requirement is now limited to hard costs only; longer vesting period; faster review and approval; automatic exemptions for affordable and workforce housing; funds for historic preservation, among many others. Chair Hardemon: Can you come to a conclusion, sir, please? Mr. Herretes: Yeah. Allow me to read this final paragraph, okay? Finally, the board would like to address the preferential carve -out for the Wynwood ARD -1, contained in Article 11.6(b) of the proposed amendment to Miami 21. While the board acknowledges that the Wynwood Design Review Commission -- or Board -- is experienced and more than qualified to determine criteria for review and placement of public art, we strongly oppose that Wynwood or any other neighborhood in Miami be afforded preferential financial treatment with regard to the public art requirement for private development. These financial preferences create unfair economic imbalances between communities that are very difficult to overcome. It also creates a slippery slope, and if approved as proposed, we can surely expect other communities to demand the same special treatment. We respectfully urge you to support the proposed amendment, and we ask you consider our proposed language for Article 11.6(b) of Miami 21, as included, I believe, and submitted to the record by staff. Chair Hardemon: Thank you. Mr. Herretes: Thank you very much. Chair Hardemon: I'm going to close public hearing at this time. PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM City of Miami Page 16 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PZ.1 ORDINANCE Second Reading 1035 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 ABSENT: SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.07± ACRES OF THE REAL PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13713 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes ABSENT: Hardemon, Gort Direction by Vice Chair Russell to the City Manager to create and implement a system that tracts covenants that includes a GIS overlay. Note for the Record. For additional minutes referencing Item PZ.1, please see "Public Comment Period for Planning and Zoning Items" and Item PZ.14. Chair Hardemon: Our first items that we have is PZ 1 and PZ.2. Vice Chair Russell: Yes. Chair Hardemon: Vice Chairman? Vice Chair Russell: Thank you, and -- Francisco Garcia (Director, Planning & Zoning): I'm sorry, Mr. Chair -- through the Chair, please. I believe this particular application required both a land use amendment and a zoning amendment. Only one has been heard. The companion item should be heard, as well. Chair Hardemon: That's on the regular agenda? Mr. Garcia: No, sir; it's on the Planning & Zoning agenda. There was both a land use change requested and a zoning change requested. Commissioner Carollo: We did both. Mr. Garcia: Both should be individually read into the record and voted separately. Chair Hardemon: PZ 21 and PZ.22? Commissioner Carollo: Yes. City of Miami Page 17 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 Mr. Garcia: PZs.21 and 22, yes. Chair Hardemon: We heard both. Commissioner Carollo: We did that. Vice Chair Russell: We voted them separately. Mr. Garcia: There was only one vote -- oh, my apologies. Chair Hardemon: Two votes; no problem. Commissioner Carollo: Right. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you. Like to address PZ.1 and PZ.2, the Day Avenue properties. There's been a request for deferral until January. And Mr. Mullerat, could you open the door? I know several of the stakeholders who were interested in this item are -- I don't -- I want to make sure everybody who is -- been waiting all day definitely hears what we're doing. Sorry, Mr. Mayor. I didn't mean to interrupt your conversation. There was a request to defer this item to January, and I -- with full respect to Professor Alfieri, this is not the first time that his office has requested a deferral. It was actually requested to be deferred to January of 2016. Two years ago, in my very first meeting here, we were hearing this item; that's how long we've been working on the Day Avenue Eight, as it's been -- come to be known. And we have been to churches; we have been to government buildings; we have been to HOATA (Homeowners and Tenants Association) meetings; we have been to Ministerial Alliance meetings, and I have -- sincerely have a full respect for the delicate nature of this neighborhood and the difficulty with which to notes. It's one of the reasons I added $75,000 to this year's budget, to come up with a new -- entirely new method of notification that's going to reach out to people who would have interest in certain items, because I don't expect everybody to be reading every agenda that comes out on a draft. I imagine what you saw yesterday was my newsletter, but it has been publicly noticed by our requirements since the draft agenda came out. The double density concept was brought up at the last public meeting, which we did have, and I held the developer to that standard, and they said they were going to do their numbers and see if it could be possible, and come back by this meeting to have this. And so, I do want to hear this item today. I can't promise we'll get through it completely, but what we will come through with this with -- at the very least -- is a very clear and publicly recorded discussion on the covenant that's being proffered. We may have a little back and forth on some of the numbers in the items. I very much appreciate the stakeholders, Mr. Armbrister, Mr. Martin, Ms. Parks, Professor Alfieri and your group. You guys have been coming for two years now on this item, diligently watching the agendas, coming when you can. And at the very least, though, I don't want us to just leave this with a deferral, come back in two months, and say, "We haven't exactly talked it through," and something new comes up. Sometimes there are developments, on the dais even, and it's not to say that it's not public notice, that that decision wasn't publicly vetted, but I don't know that we can hold up this until we know that the residents have legal representation. In fact, I don't even know for sure that the original residents who lived here when this zoning was applied for still live there, at all. What I can do as your Commissioner is have as much of an ear to the public as possible; bring every concept to the public, as much as possible, and make the best decision I can, within my heart, to completely stave off the displacement that could happen, control the development in a healthy way. It may not please everybody. It may not please City of Miami Page 18 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 everybody, Mr. Armbrister, because at some point, density sometimes -- I'm sorry, Mr. Armbrister. I'm -- I don't want to have a back and forth at this point. We're going to get into the item. But sometimes density is the option for affordability. When someone owns something as of right, and what they are going to do is full market rate, density sometimes is part of the solution. And when this first came about, I called Professor Alfieri, and this is almost two years ago. And I said, "What if within the up -zoning, every unit that was potentially displaced were replicated?" And he said, "Well, that would be great, but how are you going to hold them to that? I'd like to see that covenant." And we came up with a covenant at the time, and we brought it to a church meeting. Then they said, "Well, how are you going to hold them to that covenant? Covenants aren't worth the paper they're written on. " And I understand that's where we are here today, so what I'm going to ask of the developer -- the applicant -- in the covenant that they proffer that we look at what it takes to undo a covenant a little bit. And not only will any application down the road within the 30 years of this covenant to undo the covenant require public outreach to the neighborhood groups in the area, including HOATA and the Ministerial Alliance, but rather than a majority of the Commission to undo a covenant, rather than a supermajority of the Commission to undo a covenant, you would need a unanimous decision of the City Commission at a public hearing, after notification within the neighborhood to undo a covenant; undo this particular covenant. And I hope is this -- that this becomes a precedent and follows suit, because there's reason that people have question on our covenants. Are we following them? Are we taking care of them? With that being said, even if it's not me here in four, five, 10, 15 years when someone tries to undo this covenant, they will have to go through these requirements. They will have to publicly notes and reach out in meetings to those neighborhoods before they even apply so that there's no way notification is skipped. And then, you will need a unanimous -- and so what we're talking about here are eight lots, and this is the amount of care that we've given to these eight lots over the last two years. And on those eight lots are currently 14 units of affordable duplex. The developer bought them; presumably, cheap. And as of right, he can take those eight lots and do some very high-end, market rate, super luxury, crystal and chrome -- Unidentified Speaker: Projects. Vice Chair Russell: --duplexes or single-family homes. What he applied for is an up -zoning from T3 to T4 on the lots north and south. There's four on the -- there's -- let's say seven units on the south, seven units on the north on U.S. 1, and he wanted to do commercial. We've held them now -- they've worked, they've negotiated. I certainly have to give credit to the developer and their advocates for being at the table. I really was worried we'd lose this many, many times, because at some point, they just give up and do the market rate that they'd originally intended to do. But they're still here; for how much longer, I don't know. But I would like to try to work this out now. And where we are in this moment -- and Mr. Wasserman, if you could help me in a moment here to understand exactly the covenant that's being proffered. There's seven units on the south, seven units on the north; it's 14 total currently that they were looking to up -zone. And we had said to them originally that, "If you up - zone from T3 to T4, you'll be able to build up to 30 units. " They wanted to do market rate. I said, "Okay. Well, of the 14 units you're going to displace, I want 14 units of affordability. " Then there was a lot of negotiation -- Mr. Armbrister, if you don't mind sitting, please. Williams Armbrister: Okay. But you're missing an element in your discussion. Vice Chair Russell: It's very --it's -- Mr. Armbrister: You're missing an element in your discussion. City of Miami Page 19 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: You don't know what I'm missing if I haven't finished. I understand where your position is, and you had your time to speak. You are completely not in favor of up -zoning and density. You do not want it in your neighborhood, even at the sake of displacement and the values going up, and gentrification. Mr. Armbrister: (UNINTELLIGIBLE). Vice Chair Russell: And I have to come to peace that I'm not going to be able to make you happy, Mr. Armbrister, but what we have in this situation is the potential to not only double, but nearly triple the affordability on this spot, because through the up -zoning from T3 to T4, the applicant is willing -- is proffering a covenant to replace those 14 units with a blend of affordability. But what we are asking within this -- what they're proffering within the covenant is to activate Commissioner Carollo's originally conceived Attainable Housing Ordinance, which will allow them to have double density on the northern portion only; still requiring a replacement of the displaced affordability on the southern portion only, in case they were to split the units, sell them separately, or whatever. And this is unprecedented. We haven't done this yet. This is a bit of an experiment, and it will be a little bit contingent on the subsidies you're able to get, and I understand that, for the double-density portion. But I will absolutely hold you to the covenant for the blend of affordability, with or without subsidies that you're proffering with regard to the up -zoning itself, and I just want to make sure that we're clear on that. And so, if you could clarify all the terms of the covenant that you're proffering so it's publicly noticed here? Ethan Wasserman: Sure. Vice Chair Russell: Let's see if we can get through it. Mr. Wasserman: Again, Ethan Wasserman, for the record; Greenberg Traurig, 333 Southeast 2nd Avenue. I was prepared to make a full presentation. I'm happy to jump right into the covenant as long as the prior hearings are incorporated by reference into the record; my prior presentations. Vice Chair Russell: Thank you. Mr. Mayor. Mayor Francis Suarez: Thank you, Mr. Chair -- Mr. Vice Chair. You know, one thing that we worked on together as a Commission was -- and I just spoke to the City Attorney about was we need to know how many covenants are out there. Commissioner Reyes: Yeah. Mayor Suarez: We need a database of all the covenants, and we need a short description of what all the covenants mean and what they stand for. I don't know that anybody knows where the covenants are. There's no database that -- Certainly, the residents don't have access to where the covenants are. And so, it's hard to enforce something that you don't know it exists, you don't know where it exists, you don't know how it exists, and I think that's part of the problem. I think the second part is, obviously, I think this Commission, who presides over the City Attorney, like we did with, if you recall, with fines and with liens, and the collection of fines and liens, which is important, because it improves quality of life, we have to charge the City Attorney with getting aggressive on enforcement of covenants when they're violated, because if we don't send a message to the community that we're going to enforce covenants and that we know where they are, and we know what's going on, we're going to police this issue, then, you know, it's sort of a feel -good thing that somebody comes and presents a covenant, it's nice and all that, but as you know, Vice Chair, you know, oftentimes what'll happen is they're just -- there won't -- City of Miami Page 20 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 there'll be an erosion of confidence on the issue. So I just -- you know, it's something we worked on together before I left the dais as a Commissioner, and I think it's something -- and I'd love for you to pick up on that, because I think you believe in it, and I think it's good for the City, it's good for transparency, and, you know, it'll make us more effective, and potentially restore confidence that a covenant can be enforceable and should be enforced, and is enforceable. Vice Chair Russell: Thank you, Mr. Mayor. And I believe we have directed the Management -- Mayor Suarez: We have. Vice Chair Russell: -- and if we haven't, we're going to do it right now -- Mayor Suarez: We have. Vice Chair Russell: -- to not only create that database of covenants, but also a GIS (Geographic Information System) overlay -- Mayor Suarez: Absolutely. Vice Chair Russell: -- which corresponds with that map where we can see visually where there are covenants within the City, and someone could just click on that covenant and see what that is; what is that property restricted to. Barnaby Min (Deputy City Attorney): Mr. Chairman -- Mayor Suarez: And if I may, I would just say you had another good thing on the agenda about putting -- that should be on a web page; on page I of our web page, of the City's web page, so people can access it and get covenants and -- you know, that it's right there, front and center, from a transparency perspective. So you've been a champion of that, and I think that that's the way it should be done. Mr. Min: Mr. Chairman -- Vice Chair Russell: Thank you. Mr. Min: -- there was previously a directive. The City Attorney's Office is working very closely with the Planning Department and with IT (Information Technology) to update the GIS system to ensure that all the covenants are in one spot, easily locatable; both for the City's offices, for the residents and for pro -- more effective enforcement, so we're continuing on the project to hopefully have it come to fruition. Commissioner Carollo: Mr. Chairman? Vice Chair Russell: Thank you. Yes, Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. And not only that; I mean, I think it's a great idea to go back on all the covenants, but even from now on -- we just had another covenant, you know; not the last item, but the previous item, we just had another covenant. So I think, starting now, we need to start tracking them; and then also, then follow up. But in the meantime, we're getting more and more in, and I think we could definitely start tracking data and start putting it in some type of database. Mayor Suarez: Thank you. City of Miami Page 21 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: Thank you, Mr. Mayor. Mr. Wasserman: Okay. So I'll work backwards from the original cov -- from the original proffered conditions, and bring it forward. So one of the earliest conditions my client had proffered was to make this as seamless as possible for the residents, the tenants and the property when this property is redeveloped. We agreed to a couple things. Number one, $500 in tenant relocation expenses for when tenants are relocated for redevelopment; assistance finding comparable housing at a price and quality from what they're currently in. Commissioner, your office has agreed to also assist in that process, which we know you would do anyways. We've also agreed to utility hook -- connection charges. Once you relocate, within 90 days of coming out, vacating the property, we will pay for the connection charges for the water service. We also agreed that there would be no commercial uses on the north and south; that's one of our older conditions. That's no longer really necessary, because the rezoning will be to T4 -R, not T4-0. It's the same residential uses that are allowed; it just eliminates the commercial use in its entirety. Turning to the affordable housing restrictions, again, we have 14 -- we're proffering 14 units, and I'll read the breakup into the record. Seven low to moderate affordable housing units; that's 40 to 80 percent of AMI (area median income), and that's ballpark 20,000 to $40,000 in income. We have five workforce housing units; that's 65 percent to 140 percent AMI, ballpark 33,000 to $72,000 in income. And you have two ELI units, extremely low-income units; that's less than 30 percent AMI or, give or take, $15,500. Now that has been the proffer for several months now. We are now, through discussions with your office, through discussions with the Planning Department, intending to seek the double density on the north lot. The way the double density works is if we are approved, there's a warrant process, there's a separate zoning approval process that we'll have to go through, but it will trigger a 100 percent affordable housing requirement on the north lots. And as part of that 100 percent, we have to have a minimum of four ELI units. That's by Code; that's not something we can deviate from. It's in the Miami 21 Zoning Code, the percentages and -- Vice Chair Russell: 10 percent. -- how to allocate -- correct; 10 percent for ELI. If you want the double density you have to do that. And so, we commit to -- we intend to go down that process and to apply for that going forward, assuming this rezoning is approved. Vice Chair Russell: Is Mr. Mensah here? If he could be? So where we were looking for a market and affordable blend on the north lots, we'd be talking 100 percent affordable? Mr. Wasserman: Yes. And then on the south -- sorry, I forgot to mention that. On the south, we would agree to keep seven affordable housing units that'll include one ELI unit, and we would distribute three workforce and three low to moderate. So in total, if we had the double density approved on the north, you'd have four ELI and one on the south. That's a total of five ELI units, compared to the original proffer, which was two ELI units under the 14. Vice Chair Russell: Right. And what we're doing is we're separating the north and the south. Just in case you all split them up later up -- or whatever happens -- that we're preserving -- Mr. Wasserman: At a minimum, on the south. Vice Chair Russell: -- the seven on the south that are -- that would otherwise be displaced -- Mr. Wasserman: Correct. City of Miami Page 22 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: -- so that if there's a market rate blend on what you do on the south at the T4 level, at least those seven will still be there. Mr. Wasserman: Correct. Vice Chair Russell: Now, while we're thinking aspirationally, if you could get the subsidies, if you're -- because we have potentials of subsidies coming here. We have the general obligation bond, which just passed; $100 million for affordability in the City, 14 million of which are dedicated to my district. There's help to be had there. If the CRA (Community Redevelopment Agency) expansion does pass, there's help to be had here. So I'd like to see that if the subsidies can be found that the blend on the south is all seven ELI, which is what they originally were. They originally were ELI lots. That was something that I did actually write to Professor Alfieri, because I believe in July -- I have the email -- because I believe they had done the research door to door, to see what the rates were at the time, but we just don't have a record of it; we don't know what they were exactly. And so, conditional in that sense to have -- to finding the subsidies, would your client be open to doing all seven on the south lot at an ELI rate? Mr. Wasserman: I'll say it this way: We've actually been in discussion with Rashid about this, because Rashid has some familiarity with how to get the subsidies prior to the general obligation bond, prior to funds -- Vice Chair Russell: CRA. Mr. Wasserman: -- right -- funds that potentially could be made available, and my client has always been open to the idea. If it can work -- I mean, we -- he's not affordable housing developer. Vice Chair Russell: I understand. Mr. Wasserman: He's not one of those guys that has an analyst in his office that can crunch the numbers and understand this quickly. But we are absolutely open to -- if it works, if it can work, we are -- he is open to it. Vice Chair Russell: Thank you. Mr. Mensah, if you could help me and the public understand. So we're talking within the spectrum of affordability; ELI, affordable and workforce housing, and a blend within that. In this community, what would that ELI translate to for a single unit in terms of dollars per month? What are we talking about? George Mensah: George Mensah, director, Community Development. I didn't bring back my breakout, but we're talking about, like I said, 15,000 for 30 percent unit. If you give me one minute, I'll bring you the breakout, if you give me one minute. Vice Chair Russell: Okay. Thank you, because that's what I'm looking for. I would be incredibly satisfied if we're able to achieve this. It would be seven units on the south, 34 units on the north? Mr. Wasserman: Give or take, yeah. Vice Chair Russell: Of which, subsidies allowing, we'd have seven plus four; 11 ELI units. And what is the rest of the blend on the north for the 30 -- up to the 30 --? Mr. Wasserman: Well, on the north, it's a minimum of four ELI units. City of Miami Page 23 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: Right. Mr. Wasserman: And then there's a -- Francis -- Mr. Garcia could probably explain it better than I can. There's a couple different ways to do the next set of affordable. It's either --I think 80 percent --I have the Code here. One second. Vice Chair Russell: Because this is what I believe the neighborhood needs to hear and understand, to know whether this is actually attainable housing; if this is something that can be afforded. Mr. Mensah: Yes, Commissioner. Like I said, for one person, 30 percent, which is ELI, is 15,870 a year; would translate into about 1,100 or something a month. Vice Chair Russell: Which is at Mr. Mensah: The rent for zero units, which is a studio would be $396. The rent for one bedroom would be $424. Typically, what they would do is that they would do a pro forma based on the seven units that you discussed; at these rent levels, discuss -- see what the revenue would be, compared with the operational cost, and then there would be a gap. That is a gap traditionally we provide subsidy for so that they will still get a return that they need to get return on their project. And we usually do RFPs (Request for Proposals) every March; therefore, they can definitely apply and we will review the -- their project; and then, you know, if we have funds, be able to help. Vice Chair Russell: That's the ELI. Mr. Mensah: Yes. Vice Chair Russell: And so, at the affordable level -- Mr. Mensah: Yes. Vice Chair Russell: -- what are we looking at? Mr. Mensah: At the afford -- which is up to 80 percent. If it's 80 percent, it's 42,720 a year for one person; and obviously, it goes all the way up to -- if you have eight people in the family, it goes to 79, 000. But the rent will be about a thousand for zero bedroom; 1,100 for one bedroom, and 1, 300 for two bedrooms. Vice Chair Russell: That's at the affordable level; not workforce. Mr. Mensah: At 80 percent; not workforce. Vice Chair Russell: And at workforce, what are we talking about? Mr. Mensah: Workforce level is high. It's about eight -- 1,900 for one bedroom and 2,380 for two bedrooms. Vice Chair Russell: So at workforce, we're already talking about market rate for the neighborhood -- Mr. Mensah: Almost, yes. Vice Chair Russell: -- if not more. Mr. Mensah: Yes, yes, yes. City of Miami Page 24 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: And so, we really need to try to maximize on the side of ELI and affordable; that's the goal here, so -- subsidies permitting. And Mr. Mensah, no offence to the subsidies available through your department -- Mr. Mensah: Yes. Vice Chair Russell: -- but the less we have to depend on HUD (Department of Housing and Urban Development) funds, the better. Mr. Mensah: (UNINTELLIGIBLE). Vice Chair Russell: So that's why I'm really looking toward the bond -- Mr. Mensah: Yes. Vice Chair Russell: -- and the potential CRA as options. We have a housing crisis in Coconut Grove and the City of Miami. Mr. Mensah: I agree. Vice Chair Russell: And we have to have our finger on the scale. If left to the market rate, this neighborhood does not have a chance. Mr. Mensah: I agree. Vice Chair Russell: And so, this is an opportunity. When a developer needs help from the City and they're willing to proffer a covenant voluntarily, we have a marriage here that can yield results, and it is a compromise. It is a compromise, but I've asked for the City to create a master plan for Coconut Grove, to look at where density, if any, would be appropriate. Grand Avenue already has an allowable density that's not being taken advantage of at T5 -- U.S.1 potentially could be an area of density -- to where we're not damaging the single-family neighborhoods within -- Mr. Mensah: Yes. Vice Chair Russell: -- but still utilizing the tools available to create affordability. So, Mr. Wasserman, if I understand correctly, then, you've got all the terms that you mentioned in the covenant that -- and the items that I brought up that this covenant would -- could only be rescinded by unanimous vote of the City Commission at a public meeting; after which, at least two public meetings where out -- physical outreach to the community before application, to the Homeowners and Tenants Association of Village West of Coconut Grove and the Ministerial Alliance. Mr. Wasserman: What were the two that you --? Vice Chair Russell: HOATA and Ministerial Alliance -- H -O A -T -A; and that, subsidies provided, all seven units on the south side would be ELI; and then if not attainable, you'll fall back on the blend that we had originally discussed, which is offering the proff -- Mr. Wasserman: With just -- at least with respect to the subsidies, it's -- Vice Chair Russell: If there's no subsidy at all, if you can't find subsidies, then -- City of Miami Page 25 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Mr. Wasserman: So that's just -- I want to understand it. The subsidy is basically market rate, and then there's ELI, and the subsidy would -- bridges the gap; that's the idea. Vice Chair Russell: No. There are various forms of subsidy. Mr. Wasserman: I want some -- Vice Chair Russell: So we're trying to make you -- Mr. Wasserman: Yeah. I want to be able to have -- that my client has the opportunity to sit down with George and understand it before I -- before -- if George provides the subsidy and it's not what we exact -- not what he exactly understood. Vice Chair Russell: I understand, because there is a gray -- Mr. Wasserman: There's a range to this. Vice Chair Russell: -- it could be considered a gray area, what that subsidy is. Mr. Wasserman: Yes. Vice Chair Russell: Does it totally make him whole, up to market rate -- Mr. Wasserman: Yes. Vice Chair Russell: -- or does it only bring him up to where he was promising -- Mr. Wasserman: Yes. Vice Chair Russell: -- to be with the covenant he was proffering before, which is where I'd like to see it, because he was already proffering -- he's -- Up -zoning is a gift. Up -zoning is a value that you did not have before that you are not entitled to. You're seeking that from the community, from the government, and if you were to flip it tomorrow, you could double your money, per se, in -- depending on the case. So the fact that he's proffering within his covenant a certain amount of affordability, even without any subsidy -- Mr. Wasserman: Yes. Vice Chair Russell: -- that's what I'd like to make him whole up to. Now, if you need to go back to your client to clear that, that's where I -- I'll take us to January. Mr. Wasserman: Yeah, we're okay. Vice Chair Russell: If that is sufficient for you at this point, I'd rather move forward today and take a vote. Mr. Wasserman: Okay. Vice Chair Russell: Where are you? Mr. Wasserman: I'm okay with it. We're okay with it. Vice Chair Russell: Which -- you'd rather move today? Mr. Wasserman: I'd rather move today. City of Miami Page 26 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: Okay. So -- Mr. Min: And just to be clear, Mr. Wasserman, you and your client are voluntarily proffering these amendments to the covenant? Mr. Wasserman: Correct. Mr. Min: Thank you. Vice Chair Russell: Thank you. Hearing no further discussion -- Well, I'd have to pass the gavel. It's already over there, so I've passed the gavel and I'll make the motion to accept, with amendments to the covenant. Commissioner Carollo: There's a motion to accept. Is there a second? Mr. Min: I'm sorry. To be clear, the covenant applies to PZ. 2, so PZ.1 can just be -- you can move to approve, as is. Vice Chair Russell: Thank you. Do you need them read separately? Mr. Min: Yes. Vice Chair Russell: Okay. So we'll -- if you would -- I'll move PZ. 1, please. Commissioner Carollo: Move PZ. 1, and it's seconded by -- Commissioner Reyes: Second. Commissioner Carollo: -- Commissioner Reyes. Would you read it into the record? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Commissioner Carollo: Mr. Clerk, roll call. Todd B. Hannon (City Clerk): Roll call on item PZ. 1. Commissioner Reyes? Commissioner Reyes: Yes. Mr. Hannon: Vice Chair Russell? Vice Chair Russell: Yes, as amended. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: The ordinance passes on second reading, 3-0. City of Miami Page 27 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PZ.2 ORDINANCE Second Reading 1036 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 "SUB Zoning CLASSIFICATION FROM T3-0 -URBAN TRANSECT ZONE - ABSENT: OPEN" WITH A NCD -2 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT OVERLAY TO T4 -R "GENERAL URBAN TRANSECT ZONE - RESTRICTED" WITH A NCD -2 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT OVERLAY FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3860, 3850, 3840, AND 3830 DAY AVENUE, MIAMI, FLORIDA; AND FROM T3-0 "SUB -URBAN TRANSECT ZONE - OPEN" WITH A NCD -2 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT OVERLAY TO T4-0 "GENERAL URBAN TRANSECT ZONE - OPEN" WITH A NCD -2 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT OVERLAY FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3841, 3851, 3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13714 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes ABSENT: Hardemon, Gort Note for the Record. For additional minutes referencing Item PZ.2, please see "Public Comment Period for Planning and Zoning Items" and Item PZJ. Commissioner Carollo: PZ.2, Mr. City Attorney, can you read it into the record, please? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Vice Chair Russell: I'll move it. Commissioner Carollo: Is there a motion? Vice Chair Russell: Yes. Commissioner Carollo: Motion by the Vice Chair. Commissioner Reyes: Second. Commissioner Carollo: Second by Commissioner Reyes. Mr. Min: That's with the amended covenant, correct? Commissioner Carollo: With the amended covenant. City of Miami Page 28 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Reyes: With amendment. Commissioner Carollo: And we're clear what the amendment covenant is? Commissioner Reyes: That's right. Mr. Min: Yes, sir. And I will work with Mr. Wasserman to draft it accordingly. Commissioner Carollo: Mr. City Clerk, it's an ordinance. Could you read it -- could you roll call, please? Todd B. Hannon (City Clerk): Yes, sir. Roll call on item PZ.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 3-0. Commissioner Carollo: And I'll pass the gavel right back to you. Commissioner Reyes: Right. Vice Chair Russell: Thank you. And -- Francisco Garcia (Director, Planning & Zoning): And just to clam, because I know this is important, what was deleted from that ordinance for the rezoning is the "O" component, which means there will be no commercial -- Vice Chair Russell: Correct. Mr. Garcia: -- on either side. Ethan Wasserman: Correct. Vice Chair Russell: Correct. It'll be fully residential. Mr. Wasserman: Thank you very much. Thank you for working with us. Vice Chair Russell: Thank you. And thank you, everyone, for your advocacy. City of Miami Page 29 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PZ.3 RESOLUTION 2508 A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE Department of APPEAL OF WARRANT NO. 2017-0004 ISSUED PURSUANT TO Planning and ARTICLE 4, TABLE 3 OF ORDINANCE NO. 13114, THE ZONING Zoning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ABSENT: ("MIAMI 21 CODE"), TO ALLOW A FOOD SERVICE ESTABLISHMENT LOCATED WITHIN A D3 ("WATERFRONT INDUSTRIAL") TRANSECT ZONE AND PURSUANT TO ARTICLE 6, SECTION 6.3.2 OF THE MIAMI 21 CODE TO ALLOW AN OUTDOOR DINING AREA INCLUDING A WAIVER PURSUANT TO ARTICLE 7, SECTION 7.2.8(8) OF THE MIAMI 21 CODE TO ALLOW THE ADAPTIVE USE TO A RESTAURANT USE IN A D3 ("WATERFRONT INDUSTRIAL") TRANSECT ZONE FOR THE PROPERTY LOCATED AT 125,127 A/K/A 129, AND 131 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-17-0573 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. For additional minutes referencing Item PZ.3, please see "Public Comment Period for Regular Items" on the November 16, 2017 Regular Commission Meeting Agenda. Chair Hardemon: So what I'll do at this time, as I understand fi^om the City Clerk's Office, item PZ. 3 is the time certain, and if item PZ. 3 is the time certain, what I'll do is I'll open up the floor for public comment only on item PZ.3. If you're hereto speak on item PZ.3, I ask that you approach any of the two lecterns. State your first name, last name; and, of course, the item it is that you're speaking about, and you may state your address. So I'll open up the floor for public hearing at this point. You're recognized, sir. Richard Dubin: Okay. Thank you, Chairman, Commissioner. PZ.3. My name is Richard Dubin. My business is at 3630 Northwest North River Drive, Miami, on the river. And my home address is in District 2, 4171 Woodridge Road. I've been in the commercial marine industry since 1984 on the Miami River; involved civically as a past board member of the Waterfront Advisory Board; immediate past president of the Miami River Marine Group; and recently appointed to the Florida Freight Advisory Council. For 25 years, the Miami River Marine Group presented the working river identity of the Miami River. Today, the Miami River Marine Group represents historic shipyards, marinas, boat repair facilities, marine construction, marine supply, tug and tow operators, and cargo shipping terminals; all serving shallow draft ports throughout the Caribbean. The Miami River Marine Group would like to underscore our support for Biscayne Towing and Salvage, and our opposition to allow a restaurant development on this adjacent waterfront industrial zone site. Almost 10 years ago, a coalition of the Miami River marine industry, marine business associations, alongside Miami residents throughout the community took strong action to protect the Miami River's working waterfront. The resulting City of Miami Page 30 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 hard-fought Port of Miami River Section of the Miami Neighborhood Comprehensive Plan and the related Zoning Code serves as the City's guiding development plan, acknowledging, recognizing, encouraging, and protecting the Port of Miami River marine industry from incompatible encroaching development. While the Miami River marine industry struggled to recover after recession, it's now experiencing strong growth. We have new cargo ships, new tug and tow operators, expanding yacht and boat repair facilities; and the arrival of Apex Marine, a boat repair facility that moved to the Miami River from Fort Lauderdale. All these in our historic and longstanding marine businesses, such as Antillean Marine, Betty K, Merrill Stevens and others, provide the economic diversity Miami continues to seek. Protecting the limited number of designated water -dependent marine sites along the Miami River is important to sustain Miami's working waterfront. This particular location for this restaurant development at this marine industrial -zoned site is incompatible with Biscayne Towing and Salvage; it's inconsistent with the City's Comprehensive Plan, and appears to be circumventing the very Zoning Code you have been entrusted to protect as our elected officials. Thank you. Chair Hardemon: Thank you very much, sir. I'll ask if other people are here --I see people standing up with the car stickers. If you're trying to speak, can some of you approach this lectern on this side, unless you're just standing there, looking like the gang of eight? If not, you're recognized, sir. Manny Prieguez: Thank you very much, Mr. Chairman and Commission. My name is Manny Prieguez. The business address is 325 Northwest South River Drive. And I come here wearing two different hats. I come here as a member of the Miami River Commission; and I come here, also, as an owner and operator of a marine business on the Miami River for the past 50 years or so, with my family. I, unfortunately, was not at the Miami River Commission the day that this vote took place, because my father was ill, and I needed to take him to the doctor. And -- but I remember it very, very clearly, how -- the day that it occurred and so forth. I would have been a supporter of the application, had I been at the Miami River Commission that day, hearing this item. So I want to switch now to my other hat -- right? -- where my family and I have operated a commercial fishing business on the Miami River for close to 50 years, right around the area where this application is going to take place. And what I want to impress upon the Commission -- and I think it's really, really important to take note -- is that the Miami River is separated into different sections, so to speak. And there's a very highly residential area where -- by downtown and where -- Brickell; and then, of course, there's a very high area of marine -related industrial businesses, which is by Northwest 27th Avenue, and so on and so forth. There's a middle river; there's a middle river where there's a little bit of both, and that's where this address is located, that's where my business is located, where there's a little bit of both; where there's restaurants and entertainment areas, and where there's commercial businesses taking place. So I think it's appropriate for this particular location in this particular section of the river to have its application approved by the Commission, and that's what I am here to ask you to do; and, hopefully, that will happen. Thank you very much. I appreciate it. Chair Hardemon: Thank you, sir. Roselvic Noguera: Good afternoon, Chairman and Commissioners. My name is Roselvic Noguera, and I'm here today in behalf of Antillean Marine, 3038 Northwest North River Drive, 33142. Antillean Marine oppose this garant [sic], because allowing the garant [sic] to move forward would detrimentally impact the working river, which is essential for Antillean operate. Antillean Marine have been on the river for more than 54 years, and today is the largest maritime shipping company in the Miami River. Antillean offers weekly sailing to Haiti and Dominican Republic, transport 30,000 of cargo every week. Our vessels are built for the navigation of City of Miami Page 31 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 shallow waters, like the Miami River, and ship cargo to islands and other destinations where other big vessels are not capable to do it. Due to the recent natural disasters in the Caribbean, our service is and will be essential to supply these areas devastated by the hurricanes. Antillean generates about 200 full-time long-term careers; no part-time or temporary jobs. We also use local providers and serve the local clients, generating thousands of indirect jobs every year, making possible the growth of the City of Miami and the social/economic growth of the people. The proposal before you will be incompatible with the working river and will create problems for the maritime industry in the proposed project. Mixed use is not always the correct solution. The increased and in -controlled [sic] and negligent recreational traffic promoted by these restaurants and nightclubs is serious [sic] putting in risk the security of the operations of the maritime industry today. In addition, we are facing the risky challenge every day when maneuvering through the river, and the clients on these restaurants and nightclubs dock their boats in an unsafe manner, and boats are rafted in such way that disturb the traffic, and makes almost impossible the navigation. Our captain had been reporting this issue until the point that we have been required to start a awareness campaign for the safety and security in the river. We have create a brochure that we have been distributing, and we have been starting advocating in the City and to the authorities in order to please allocate resources for the security and the safety in the river. Chair Hardemon: Thank you very much, ma'am. Your time has expired. Ms. Noguera: So as a local authority -- let me finish, please. Chair Hardemon: Ma'am -- Ms. Noguera: We respectfully ask you -- Chair Hardemon: -- go ahead. Ms. Noguera: -- to please deny the restaurant, and please promote and protect the working industrial marina. Chair Hardemon: Thank you very much. Ms. Noguera: Thank you, sir. Chair Hardemon: Sir, you're recognized. Troy Taylor: Good afternoon, Chairman Hardemon, Russell, Carollo, and Reyes. My name is Troy Taylor, and I'm an avid boater. I've been living here in Miami for quite a while. I'm also a customer of the marine and shipping industries on the Miami River. I'm also the retired vice president -- worldwide vice president of Johnson and Johnson. I appear before you today -- Vice Chair Russell: Can you bring the mike up? Mr. Taylor: -- in a dual role: First, as the president of the Riverfront Master Association, located at the corner of Miami Avenue and Southwest 3rd. We're the largest residential complex on the Miami River. We have three existing towers, three more to come; 1,600 condo owners, and over 5,000 residents. We also contribute over $15 million to property tax revenues to the City of Miami. We fully support the mixed-use development of the lower river by converting abandoned, rundown, and derelict property into pedestrian friendly parks, restaurants and entertainment venues. The River Arts Project fits perfectly into this plan, and we fully support and welcome it to the Miami River. Secondly, and more importantly, to me, I'm here as City of Miami Page 32 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 the owner of City -- excuse me -- of City Center Yachts, a Florida company, at a registered address of 92 Southwest 3rd. Currently, we're in the process of negotiating exclusive dealerships with two Dutch manufacturers, and we're competing against other dealerships in Fort Lauderdale. My plan and competitive differentiator against the folks in Fort Lauderdale that will stick these yachts in canals behind mega homes is to locate my yachts at the Miami River, utilizing the docks, the existing docks and office space of a few restaurants that are on the higher end. These restaurants will attract the types of clients that will purchase my boats. If successful, these yachts will be serviced by marinas -- by the marine and -- by the marinas, and retrofitted by boatyards, machine shops, and even the towboat operators that are on the Miami River, providing jobs to skilled workers at places like Norseman, Glasstek, Tri -County (UNINTELLIGIBLE), and several others. For the past six months, I have been trying to -- yeah -- trying to enter into a letter of intent with the River Arts Project to lease 120 feet, which is 60 percent of their existing riverfront space, such that I can place my yachts. If -- In providing -- excuse me -- If not provided this opportunity, this yachting industry will be -- excuse me -- the dealerships will be given to the individuals up in Fort Lauderdale; again, losing out to Fort Lauderdale. In previous debates, my partners here on the other side of the aisle viewed the yachting industry as an ancillary operation to the restaurants. But in my world, the restaurant is an ancillary operation for me to sell yachts. So let's not yet lose another dealership to the folks in Fort Lauderdale, and the boatyards in Dania Beach. The River Arts Project is a prime example of a win-win opportunity for everyone living, working, and playing on the Miami River. I thank you for your time. Chair Hardemon: Thank you very much. Chair Hardemon: Is there anyone else that'd like to speak? Miky Grendene: Good afternoon. My name is Miky Grendene. I'm the owner of Casa Tua in Miami Beach; and I'm the owner, also, Casa Tua Cucina, that is a much bigger place in Brickell City Centre. And I support the application, and I should not support them, because it would be competition for me. But I think I been in Miami for 27 years. Miami is a city that is changing. There is place in the river for the marine industry, of which I'm a client; but, also, for high end(UNINTELLIGIBLE) location, where we have restaurant, bars, and something more for the public that create a great number of job. So thank you. I support the application. Chair Hardemon: Thank you very much, sir. Mohammad Hajjar: Good afternoon. My name is Mohammad Hajjar, 45 Valencia Avenue, Coral Gables. I own a property, 100 Northwest South River Drive, right across the project. I've had it for 12 years. I've been trying to build some residential unit, and for the last 12 years, we've been having a very hard time building it and marketing it, because of all the eyesore that we have on the south side. The north side is -- keep improving by new restaurant, new residential, new buildings. The south side is not moving, and it -- I really support this project, because I think it brings a lot of good things for the neighborhood, and we can build some nice residential property on the south side, and not just looking at the north side and not be able to do anything. So 12 years I think is good enough to proceed and do our projects. Thank you. Chair Hardemon: Thank you very much, sir. Phil Everingham: Good afternoon, Commissioners. My name is Phil Everingham, 6305 Southwest 58th Avenue, Miami 33143. I'm a current board director and past president of the Marine Council, and I am the Marine Council's designee on the City of Miami Page 33 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Miami River Commission. Three key points in my view that the Marine Council wishes to bring to this board: Number one, the Marine Council obviously has a number of members with long histories on the river, including Merrill Stevens, where I worked for 35 years. We certainly recognize and support the concept of mixed use. However, we do have a major concern and problem with what we have here, which is conflicting use. Number two, the zoning that was brought about, the Miami 21 offers the option for the warrant for an alternative secondary use; alternative use, which, of course, is the restaurant. However, the zoning does present a problem in that there's no definition, clear or in any way defined as to what's primary, what's secondary; and, clearly, the intent here is for the marine use to be primary, and we don't believe that is necessarily going to be the case with the development, as presented. And third, and certainly most important, the Comprehensive Plan, which protects -- or looks to protect marine interest (UNINTELLIGIBLE) hinges on the river; and clearly, this, in our view, puts a marine facility in peril for long-term continuance on the river. Thank you. Chair Hardemon: Thank you, sir. If there's no other person -- You're recognized. April Donelson: Good afternoon, Vice Chairman, Chairman, Commissioners. My name's April Irene Donelson. I've worked in the media and tourism industry for Miami and the Beaches for over 10 years. Taking a look at this area, it does nothing but benefit our City, the promotion of our City, bringing about more revenues to our City. When you look at any great city, worldwide, a river -- the river district is an essential part of it. So I hope you take a look at this in making your decision today; the benefit of our City, making us a world-class city. Thank you for your time. Chair Hardemon: Thank you. Seeing no -- Oh, you have -- Mike Hatami: Good afternoon, Commissioners. My name is Mike Hatami; Mirage Yacht, 2215 Northwest 14th Street. I'm also -- I've been on the river for several decades, and I'm a board member of the Miami River Marine Group. I'm a little taken aback by what this developer is suggesting for this property, because I'm hearing today that it's going to be a boat dealership, a boat brokerage site, a restaurant, a place where charter boats are going to come, and a place where there's going to be like an Uber for boats happening. I'd like to remind you, we're talking about 120 feet of linear waterfront. It's literally impossible for them to do what they're saying they're doing; but even if they could do it, what they're suggesting is in direct -- what's -- what word am I looking for? It doesn't -- it contradicts the Department of Environmental Resource Management Manatee Protection Plan, as what they're suggesting is going to increase the vessel -to -manatee interaction. Besides that, the one other thing I'd like to mention is that I look up and down the river -- I mean, today we were labeled as "an eyesore. " We need this waterfront to be able to do our business. I look around and I see a lot of new buildings going up where the first floors that are prospective restaurant locations are all vacant. Once this site becomes a restaurant, there's no going back to marine industrial. So I'd like you to consider denying this application. And that's it. Thank you. Chair Hardemon: Thank you very much, sir. Andrew Dickman: Good afternoon, Mr. Chair, Commissioners. I am Andrew Dickman. I am an attorney. My address is 809 Walkerbilt Road. I represent Antillean Shipping, as well as Miami River Marine Group. You've heard from them already. I have previously, since this was up on -- before you previously -- I have a letter that I have sent to the Commission, dated September 27, also addressing this issue. I'm going to put that into the record once I'm done, as well. Real quick history. I am the attorney that represented the Miami River Marine Group, Durham Park Neighborhood Association, and the late Captain Payne; three major cases that City of Miami Page 34 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 went up to the Third District Court of Appeals; and ultimately, in July of 2010, resulted in a stipulated settlement between the City and my clients. At the -- that stipulation ultimately ended up with this picture that I put in front of you. It's a map that represents the Port of Miami River. This is your Port of Miami River. There are "A" category properties and "B" category properties. This is a -- the property at which this -- the subject property for this appeal is in the Port of Miami River, and there are policies -- and this is part of your Comprehensive Plan -- and there are supporting policies that go along with this. I have the actual strikethrough and underline -- If I may, Mr. Chair, have a few --just a minute or two? I have the actual strikethrough underlined of that settlement agreement, and I just want to read into the record really quickly a couple of policies. "The City shall" -- Victoria Mendez (City Attorney): Mr. Dickman, I apologize. Do you have a copy of the document you said that you gave everyone? Mr. Dickman: Oh, that one? Vice Chair Russell: Yes. Ms. Mendez: Yes. Mr. Dickman: That's it. Vice Chair Russell: Do you have one for the Attorney and one for the Clerk? Mr. Dickman: I gave one to the Clerk and the Attorney. Chair Hardemon: I think he gave one to the Clerk. Vice Chair Russell: I have a question -- Mr. Dickman: Yes, sir. Vice Chair Russell: If I may? A question on this map: You mentioned there's "A" properties and "B" properties, and I can see in the fine print -- I must be losing my eyes -- "A " properties are in pink; "B " properties are in blue. What is the difference between them? Are they both industrial? Mr. Dickman: They're both considered -- Unidentified Speaker: Working. Mr. Dickman: -- they're both -- there's water, water -dependent, and water -related properties; and so, these are water -dependent properties. All of these are category - Vice Chair Russell: The pink and blue; "A" and "B" are both dependent? Mr. Dickman: Related and dependent. There's a difference. So water -dependent is -- actually, you need to be on the water. In this particular -- these particular properties are dependent; they are on the water; they're not related. Like, water - related might be something that would be a storing -- storage facility or a staging facility. But these are the properties that the City agreed to that comprise the Port of Miami River that ultimately reflect into your policies, your growth management policies that are in there. City of Miami Page 35 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: Thank you. But my question was: What is the difference between the 'A" and the "B?" Mr. Dickman: Okay. So the -- okay. The "A" properties are considered of higher value, and the "A" properties, among other things, is that in order for you to convert those properties to something else, you'd have to go through a more significant process, and this also addresses land use changes and other things. But the "B" properties are considered water -related; and I don't want to say, "less valuable," but they're not as important to the operation of the Port of Miami River. Vice Chair Russell: So the "B" are related, but not dependent; the "A" are dependent? Mr. Dickman: "A" are dependent and "B" are related. Vice Chair Russell: Thank you. That's what I needed to know. Ms. Mendez: Mr. Chairman, but just to clarify, all this that Mr. Dickman is saying has to do with re -zonings and land use changes; not because of a simple restaurant use. But everything he's saying is true. There was a settlement and all, but it has to do with re -zonings and land use changes, which is not what's before you here today; it's just a use. Chair Hardemon: I'll also remind the Board that this is public comment section, so. Mr. Dickman: And let me actually clarify something to your question, if I could. The categories actually relate -- and I had to blow it up, because you can see this map's hard to read. "A" categories are industrial designated working waterfront properties. "B" categories are other working waterfront properties. So I have to correct myself,• that they're not officially water -related or water -dependent. They're actually more significant, because Category "A" is industrially designated part of the working waterfront properties; whereas Category "B" are other waterfront properties. And I'd be happy to show you this; it's hard to read. But I just want to, if I may, real quickly, Policy 314: "The City shall encourage the establishment and maintenance of working waterfront uses along the banks of the Miami River, and discourage encroachment by incompatible uses. " I also want to hit on two things here: "City staff shall prepare or cause to be prepared an annual report of the status of the planning and zoning, economic development, et cetera, of this type of use. " So they were supposed to be presenting this to you once a year; don't know if they're doing that. "City staff shall prepare or cause to be prepared an annual report on the loss or gain of recreational and commercial working waterfront lands uses, which shall be presented to the City Commission on duly noticed public hearing"; don't know if that's been happening. Finally, in the Coastal Management Section: "The Comprehensive Plan and land development regulations will encourage water - dependent uses along the shoreline," which includes the particular -- the Miami River. I want to -- I'll go ahead and put this into the record. I don't have multiple copies of it, but it is what is in your Comprehensive Plan, but I want to make sure that you have the strikethrough and underlined version of that. Very quickly -- I know I'm on a -- so ultimately -- Chair Hardemon: Can you come to a conclusion, please? Mr. Dickman: In conclusion, this is the Port of Miami River. You've pledged to support it; you've pledged to uphold it. What you -- what is being asked today is a dangerous situation. I'll pass around some photographs that were taken from Antillean off the ships passing by this particular property that -- unfortunately, I only have one copy, but I'll be happy to have everybody look at it. You'll see how the City of Miami Page 36 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 boats are rafting with each other and creating a very difficult situation for ships to get by, especially when these boats have been drinking. So once again, my clients ask that you support the appeal and not let this unusual interpretation of "ancillary use" be used as a dangerous precedent. So thank you very much. I appreciate your indulgence. Chair Hardemon: Thank you, sir. Is there any other person from the public that'd like to speak for public comment? Seeing none, I'll close the public hearing. This is an appeal of a decision; and so, what I'll ask at this point is the appellant to step before the lectern. I'm sure we have the appellant and the appellee here. I'll give you an opportunity to make a two -minute opening statement; I'll give the appellee an opportunity to do the same; and then, let's have your case in chief- and then, rebuttal -- I'm sorry -- a response; and then, you'll have a chance to rebut. Okay? Tucker Gibbs: My two -minute presentation -- Chair Hardemon: Opening statement; two -minute statement. Mr. Gibbs: My opening statement will be very brief. Chair Hardemon: Right. Mr. Gibbs: Good afternoon. My name is Tucker Gibbs. I have law offices at 3835 Utopia Court, in Coconut Grove. I'm here today representing Biscayne Towing and Salvage, at 151 South -- Northwest South River Drive; and Mr. Cory Offutt, who is the owner of Biscayne Towing and Salvage. My client is appealing a warrant that approves two indoor/outdoor restaurants next door to his towing and salvage facility, in a protected marine industrial area on the Miami River. And what we're going to talk about today is just several issues; that the proposed restaurants are incompatible with his intense marine industrial use; they're incompatible -- they don't follow the intent of the industrial transect requirements of the Comprehensive Plan, and they're inconsistent with the Comprehensive Plan. And it also talks about -- and in response to Mr. Prieguez' comments, I have some comments to respond to that; as well as -- that's basically it, and that's what we're going to be presenting to you today. Chair Hardemon: Thank you very much. Mr. Gibbs: Thank you. Iris Escarra: Good afternoon, Chair. Iris Escarra, with offices at 333 Southeast 2nd Avenue. Thank you very much for the opportunity to speak. Thank you very much, Mr. Gibbs, for being here today. And I wanted to first congratulate Commissioner Reyes for his first meeting, and this is an exciting item that I think he's going to be -- learn a lot about the Miami River on this item. One of the things I wanted to put as an introduction into this item: The City Code allows for us to apply fora warrant. We are not re -zoning the property. We are not changing the comp plan of the property. We are asking for a use that is permitted on the property, so there is no impact or any change to the Comprehensive Plan, Port of Miami River, or the Zoning Code that we are requesting to modify. We are simply asking for a permitted use. We have mitigated the impacts of that use, and as you will see in our case in chief, we will present all the evidence which supports such. Thank you very much. Chair Hardemon: Thank you very much. Sir, I'll give you 15 minutes to present your case in chief. Think you can handle that? City of Miami Page 37 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Mr. Gibbs: Yeah. I- - Chair Hardemon: More than enough? Mr. Gibbs: -- don't think I'm going to go 15. Chair Hardemon: Okay. Mr. Gibbs: Maybe. So as I told you, my client's appealing the warrant that approves these restaurants in a protected marine industrial area along the Miami River. And the proposed restaurants are incompatible with this -- his intense marine industrial use. His business includes towing and the deconstruction of derelict vessels. It operates 24 hours, seven days a week. It involves heavy industrial activity, with heavy industrial impacts. It employs 15 people with an average income of $50,000 per year, and it handles approximately 2,000 tows a year. This is the classic definition of what a heavy marine industrial use is and what is wanted in the past on the river. A restaurant use does not follow the intent of the industrial transect requirements of the comprehensive -- and the Comprehensive Plan. Now, Miami 21, yes, says that they can ask for a warrant. That does not mean they're entitled to a warrant. According to Miami 21, the industrial transect is intended to encompass -- and this is a direct quote -- "Is intended to encompass land use functions connected with a business or activity involving manufacturing, fabrication, assembly, distribution, disposal, warehousing, or bulk storage trucking and equipment facilities, and other businesses serving a" -- 'primarily industrial needs"; doesn't include restaurant. "Uses in the industrial transect include marine -related industrial establishments, " which my client operates, "and that is a facility conducting activities associated with the construction, repair, operation, storage, loading and unloading of boats, and other activities; the primary purpose of which is to facilitate the maritime industry"; again, no restaurant use. And finally, it -- this has as its basis the requirements in the Comprehensive Plan that state in industrial -- "In the industrial land use areas designated as industrial" -- which this is -- "allow manufacturing, assembly, and storage activities. This designation generally involves activities that would otherwise generate excessive amounts of noise, smoke fumes, illumination, traffic, hazardous waste, or negative visual impacts, unless properly controlled." This warrant is not seeking to approve a restaurant that serves these industrial uses. The warrant approves restaurants better suited for a commercial area. The approval is also contrary to the Comprehensive Plan's directive, which is in Objective PA -3.1, the Comprehensive Plan's directive to protect and foster the expansion -- the expansion -- of waterfront industrial uses within the Port of the Miami River. The Port of the Miami River is the group of independently privately - owned small shipping companies, fisheries, vessel repair facilities, marinas along the Miami River, from Unincorporated Dade County to the mouth of the river. My client, as Mr. Dickman has said, and the applicant are both in "A" -- the "A" District; the heavy industry district -- industrial district. The properties of the appli - - the Comprehensive Plan states in Objective PA -3.1 that "The City shall protect the Miami River from encroachment from non -water -dependent and non -water -related uses." And that's a directive. It says that you shall do this. The Comprehensive Plan also requires the City to, as Mr. Dickman said, in Policy PA -3.1.4, "To encourage and maintain the working waterfront uses and discourage incompatible uses." Policy PA -3.1.5 specifically says, "The City should encourage the expansion of the Miami" -- "Port of Miami River working waterfront. " A restaurant use does not do this. PA -3.1.6 encour -- says, "The City should encourage development in the Port of the Miami River that is compatible with the existing industrial use of the property within the Port of the Miami River." The proposed warrant does not do this. This type of restaurant use discourages the working waterfront industrial uses, as described in the Comprehensive Plan. It discourages the expansion of the working waterfront. It discourages development compatible with the existing marine City of Miami Page 38 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 industrial uses permitted on the Port of the Miami River. And this warrant encourages the erosion of the industry -- marine industrial uses along the Miami River. Now, the warrant says the restaurants are permitted, because they're accessory water -dependent uses, by emphasizing local seafood, and providing dock space for commercial fishing vessels to unload and sell their seafood. I want to show you something. Can you all see this, or should I put it out here? I'm trying to avoid blocking the audience. Chair Hardemon: Speak into the microphone, please. Mr. Gibbs: Okay. I'm trying to avoid blocking the audience. This is a -- this is the site plan for the project. What is the green portion is the facility, the primary use, which is the yacht brokerage, proposed yacht life lounge, has 410 square feet. The orange is the restaurant, indoor and outdoor; that's the restaurants. So the Miami River Infill Plan, as Mr. Prieguez talked to you about, the Miami River Infill Plan says, "Restaurants are allowed only as an accessory use in this particular area. " Chair Hardemon: What document is that? Mr. Gibbs: The Miami River Infill Plan talks about this neighborhood in this area, and they specifically say that this area can allow a restaurant use, but only as an accessory use. But here's the interesting thing for the City of Miami: "Accessory use" is not defined in Miami 21 or the Miami River Infill Plan. Now, Florida courts define "accessory use" as a use which is incidental or subordinate to the principal use permitted by the Zoning Code on the parcel. And what's interesting, the previous Zoning Code in the City of Miami, Ordinance 11000, defines "accessory use" that way. They had definition, and that was their definition. So according to the applicant and the City, the public restaurants are accessory to the private yacht club. Now, I -- they're accessory to the private yacht club and the private yacht brokerage -- or the yacht brokerage business. But there's no showing that these public restaurants are incidental or subordinate to a yacht club use, or a yacht club -- or yacht brokerage business. There's no showing that the yacht club and brokerage business are the principal uses on the parcel. The applicant has presented absolutely no evidence, no evidence of the yacht club and brokerage showing how it is physically a primary use at 410 square feet, nor has it presented any economic analysis, including projected income, showing that it is the principal use from that perspective. These restaurants -- and if you look at the space, you can see it. But I want -- I -- it's measured, and it's from the measurements here. The restaurants total 6,192 square feet on this property; that's what they -- that's what it adds up to. All that orange adds up to that. And yet -- Chair Hardemon: Counselor, before you move forward, the definition that -- which - - Earlier, you said the Miami River Infill Plan says that the restaurant use has to be incidental; that's the term you used? Mr. Gibbs: Incidental. Chair Hardemon: And then, I know you've been using -- Mr. Gibbs: "Accessory. " Chair Hardemon: -- "accessory." Mr. Gibbs: Because that's the term of art that's used in planning for an incidental use. Chair Hardemon: Okay. City of Miami Page 39 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Mr. Gibbs: If you all want to determine -- Chair Hardemon: Is there a requirement of -- for "accessory, " or is just -- is your argument it's supposed to be "incidental, " or is it both? Mr. Gibbs: It -- I think it -- I think an incidental use is an accessory use; however, I would be interested to see how anybody can claim that a project with -- it has 6,192 square feet of restaurant use is incidental to a business or businesses that total 410 square feet of use. Chair Hardemon: You mean square foot. You just wanted to -- you're describing the building. So your argument is basically that the size of the square footage of the building determines its intensity of use. So -- Mr. Gibbs: It may -- Chair Hardemon: -- for instance -- Mr. Garcia: -- I had two. Chair Hardemon: -- if I had a -- if you had a business, could you, in fact, out of 350 square feet, run a law firm and generate millions of dollars of business? Mr. Gibbs: Yes, you can. But that's the other one. I took -- there are two things. I could -- Chair Hardemon: Could you sell millions of dollars of boats operating out of 350,000 -- or 350 square feet? Mr. Gibbs: You certainly could. But what I'm saying is when you're claiming that that use is the primary use, but you have a restaurant use that is incidental and subordinate, that's the issue. If you can tell me that you're going to make millions of dollars off of this, and you're going to make thousands of dollars off -- millions of dollars off this 410 -- using 410 square feet, and you're going to only make hundreds of thousands of dollars over all this restaurant, yes, I understand that. You had -- that's evidence. That's -- those are facts. But there are no facts that are on the record when this was presented below. There's no facts in the record right now that show it, and that's my concern. And also, to your point about when you buy a big boat, okay, you buy a big boat and you sit down at a restaurant, and you make your deal. How many car dealerships -- Maserati -- all these fancy cars that we see rolling around in Miami, how many of them have restaurants that serve them? This is -- Chair Hardemon: Well, they delivered my Maserati to my house. Mr. Gibbs: I appreciate that. So all I can -- Chair Hardemon: Fully gassed, may I add? Mr. Gibbs: Hey, I'm impressed. But my point is this is -- as I say here, if you look at the plans, this is the tail wagging the dog. This is about restaurants; that's what this is about, and that's the issue. So approving this warrant that allows two restaurants -- and I say "two restaurants, " because there's a restaurant on the northwest side, with a separate kitchen; and there's a restaurant on the southeast side that has a separate kitchen, so I can only assume these are two separate restaurants. So approving this warrant allows these restaurants shown on the plans. It's a thinly City of Miami Page 40 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 veiled principal use not allowed here under the Infill Plan or your Comprehensive Plan. And don't forget, your Comprehensive Plan is your constitution of development issues. You have to meet that; that's the law. And what Mr. Dickman was talking about in his history with this City, on that Comprehensive Plan, on those issues, the Third District Court of Appeal basically ordered -- This was a settlement agreement that they wanted, because they were finding that the City misused and misapplied their Comprehensive Plan as it related to the Port of the Miami River, and it took the neighbors and Mr. Dickman to get the City to do it right. And what the City did was adopt these provisions in the Comprehensive Plan that said, "You have to protect it," and that's the key. So it accelerates this -- approval of this will accelerate the physic -- the piecemeal removal of the industrial properties along the river, contrary to the specific directive of the plan to protect existing waterfront industrial properties, foster the expansion of the working industrial waterfront. These are not water -dependent, they're not water -related, they're not accessory, they're not incidental, and they're not subordinate to the yacht brokerage club or the brokerage business. They're not compatible with the joint -- with the adjoining industrial uses, and they discourage the expansion of the Port of Miami working river -- working waterfront, contrary to the Comprehensive Plan. And for those reasons, we urge you to deny the warrant. I would like my client to speak briefly to - - so you see who he is; that he isn't just some name but -- Cory, would you come up and speak? Vice Chair Russell: Mr. Chairman? Chair Hardemon: Yes. Vice Chair Russell: Mr. Gibbs, just a quick question -- Mr. Gibbs: Fine. Vice Chair Russell: --just so I understand your position. You had said that if the brokerage were to yield 10 times the revenue over the restaurant, you could consider the restaurant incidental, but they didn't make that case before. Mr. Gibbs: You could consider that as the decision -maker. Vice Chair Russell: Right. Mr. Gibbs: You could make that decision, but there's nothing on the record. And if it's brought out right now, I would object to that. Vice Chair Russell: But we're hearing this de novo, though; am I incorrect? Mr. Gibbs: You may be hearing it de novo, but I've had no opportunity, representing my client, to know that this was apart of the record that's going to be added into this de novo hearing, because when I sit down, I have rebuttal; that's all I've got, is rebuttal. If she want to bring that up and present that facts -- I would like the opportunity to have my forensic accountant -- and Commissioner Carollo could respect that -- have my forensic accountant review those documents before I would say, "Yeah, you're absolutely right, " because I don't know what they're sending to you. So, yeah, I think, theoretically, I think conceptually, yes. If I could -- if my forensic accountant says, "Yeah, they -- this works, " it would work. That ain't going to happen at this meeting. And I would still object very strenuously to bringing up additional evidence that I have no right -- I have no ability to respond to, and that's a quasi-judicial proceeding. Whether it's de novo or not, I have the right to be able to look at the evidence, and be able to evaluate that evidence. I'm not going to have that right if that stuff is brought up at this meeting. City of Miami Page 41 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: You have -- Mr. Gibbs: Yes. Chair Hardemon: -- one minute and 51 seconds left on your presentation. Cory Offutt: A minute? Mr. Gibbs: Yes. Mr. Offutt: I've got a lot more than a minute, sir; and it's important to me, because this -- Vice Chair Russell: Give him a couple minutes. Chair Hardemon: I respect that. Listen, typically, counselor -- Mr. Offutt: Okay, because this -- Chair Hardemon: --typically -- Mr. Offutt: Right. My name is Cory Offutt. Chair Hardemon: Sir, before you move forward -- Mr. Gibbs: No, it's not started yet. Mr. Offutt: Oh, I'm sorry. Chair Hardemon: -- typically, if you're presenting a witness, you would be directing your witness. You typically, as you -- Mr. Gibbs: But that'll take a little more time. Chair Hardemon: No. You -- I'm telling you how much time you have. But typically, you would direct the witness. So what I'm saying to you is that you have two minutes -- one minute and 51 seconds -- to complete this section. Then, we're going to move on, because what happens is, if you have a witness that's presenting facts, then you'll have an opportunity for -- Mr. Gibbs: Cross-examination. Chair Hardemon: -- counsel to cross-examine him, and I don't -- I'm not sure if he's prepared for that. So I just -- if you -- what you said tome was that you --your -- Mr. Gibbs: I said I'd be followed by my client. Chair Hardemon: -- client had some things to put on the record. Mr. Gibbs: Yeah. I said I'd be followed by my client, but I -- okay. And some of that was a lot of questions back and forth, too; it wasn't just my presentation. So I would like the opportunity to have a couple of extra minutes, please. Mr. Offutt: Cory Offutt, Biscayne Towing and Salvage. The property is 151 Northwest South River Drive, in Miami, Florida. Before I get started, real quick, what they were talking about here, one thing they forgot is that the primary use of City of Miami Page 42 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 the property has to be water -related; that's the key issue, okay? We're talking about property on the river that only businesses that need water have to have these properties, and that's what the 20 -- the Comprehensive Plan is supposed to do. It's supposed to protect water -related businesses. I've been in business for 25 years; got about 15 people here. I started from nothing. I have --I basically came here, started in my car, okay? And built the business up. I got 15 employees. They all make good money, and we are dependent on this property to make money, okay? We have to -- our business will no longer be in business if we don't have these properties. You guys saw all the work going back out, back in -- back there with the crane and barges, and lifting boats. That's the kind of business I'm in. That's how -- it's very important business that we are doing. We're doing all the dirty work out there. Chair Hardemon: Excuse me, sir, one minute. Let me ask you a question. Mr. Offutt: Yes, sir. Chair Hardemon: When you say, "this property, " is the property that's subject today to this hearing a property that you are currently renting or that you're -- Mr. Offutt: -Mr.Offutt: No. Chair Hardemon: -- using? Mr. Offutt: I'm right next door to it. Chair Hardemon: You're right next to it. Okay. Mr. Offutt: That's correct. And the argument I have is how this is going to affect my business, all right? There's a chain reaction that happens. When you guys do -- you heard a couple other guys up here. They want to do restaurants on the river; that's why they want this to go through. They're standing -- the old anchor marine property, that's so important to the working waterfront. The boss -- Manny talked about it -- that he's wanting to put a restaurant. These guys have made these big, huge investments, like he has, for a restaurant. But this property -- on the other side of this property is a tugboat company, too. I'm a tugboat company, and he's right in the middle. These properties were reserved for water -related businesses. The -- When I bought the property, it was SD -4, industrial waterfront. I've been there 25 years. I have a lot invested. I have my life invested in this business. It's not something you can do just like that. You say -- I -- How would you guys like to eat in a restaurant right next to a construction site? It's no good. Loud noises, compressors, cranes working, needle guns on a steel boat, it's not going to work. That's what I do every day. You guys drive by and see where -- see what I'm doing. I'm doing the type of work those properties reserved for. This property is not abandoned. This guy that owned it before him bought it, and he -- okay. He had -- I'm sorry, guys, but it's real important. He had -- he wanted to put little apartments in there, okay? He had no intention of doing any marine business. He held it for 10 years and flipped it, okay? But it's not abandoned. He had renters in there, but they didn't affect my business, so I didn't complain. He had a plumber in there. That was your responsibility to make sure he was using the property properly. I wasn't going to complain. I'm here today because I know that a restaurant is incompatible with this type of business. And these are good jobs, guy. Marine -related jobs are excellent jobs. You know why? Because you can start with nothing; no college education, nothing. If you walk in -- the only thing required to make a lot of money in the marine business is hard work. And for you guys to not understand that there's jobs that we're throwing away that entrepreneurs -- these guys are going to end up being awesome entrepreneurs, like me. But without the waterfront, we have no place City of Miami Page 43 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 to do it. It's critical the -- God. Maritime business, maritime jobs are one of the best jobs that you can get, and they serve people who don't go to college, don't have special skills; they earn them there. And these properties must be reserved for waterfront prop -- waterfront people. And remember, this is not abandoned. Chair Hardemon: Yes, sir. Mr. Offutt. Okay? Chair Hardemon: Thank you very much. Mr. Gibbs: Can I ask one question from my client? Mr. Offutt: I'm sorry. Mr. Gibbs: I have one examination question, if I could, very briefly. Commissioner Reyes: Excuse me, sir. Mr. Gibbs: Mr. Offutt, I'm going to show you this map. It's a map of the Miami River, Port of the Miami River. And your property is colored what? Mr. Offutt.- Red. Mr. Gibbs: Okay. And red is right here. What is red saying down here? Mr. Offutt: I can't read it. Vice Chair Russell: It does show waterfront property. Mr. Offutt: It does show -- Mr. Gibbs: It says, "Category." Mr. Offutt: "A, " designated for industrial working waterfront. By the way, you're going to hear about the properties on the other side. They have a different zoning. There's no precedent of putting a restaurant in an industrial waterfront, no precedent. Don't be fooled, okay? Chair Hardemon: Thank you, sir. Mr. Offutt: Across the river, it's different zoning, where Garcia's and all that stuff is. Chair Hardemon: Thank you, sir. Thank you. Mr. Gibbs: To really clarify this, I'm going to ask Mr. Dickman to hand out a list of the parcels that are Parcel "A" -- Chair Hardemon: That's fine. Mr. Gibbs: -- and Parcel "B. " Commissioner Reyes: Mr. Chairman? Mr. Offutt: I'm sorry if I got upset. Commissioner Reyes: I'd like to question -- City of Miami Page 44 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: You have a question? Sure. Commissioner Reyes: Let me ask him a question. Sir, sir, please. Mr. Offutt: Yes, sir. I'm sorry. Go ahead. Commissioner Reyes: Just for, I mean, for me to know what's going on. But I heard you say constantly, and I want -- and many, many times that it's going to hurt your business. Could you please be more specific, how it is going to affect your business, since you are in a different business, and this is just a restaurant that is going to be next to you? Mr. Offutt: Okay. For --there's two answers to that question. Personally going to hurt my business by the constant interfering of people calling when the noise is too loud or the smell of the epoxy paint is too strong, or any other activities that I'm doing there. They're incompatible. There's no way -- we've already had -- the last owner here had a tenant there who's a marine -- a maritime attorney. He had a girlfriend. When she moved in, we got calls every day. Every day, we had the City down there, look -- she was calling and complaining. Now, when she wasn't there, we didn't have any problem, because there wasn't any conflict. The other thing is that when you approve this, you're approving these -- the change of these properties down the river. We've got 30 percent of the river right now, from the mouth of the river to 27th Avenue, 30 percent for maritime business, 30; 70 percent is something else. I think we need to start saving this business for these jobs that we need. By the way, these are good jobs; in South Florida, about $11 billion is used in --from West Palm down, in the maritime business, all right? We got about 700 here. By the way, something interesting about maritime business: Most of -- 60 percent of all the business on Miami River are -- have four employees; that means they're all small business, small entrepreneurs, make $700,000 a year. This is where you can start from nothing and become something, like I did. Chair Hardemon: Sir, we understand. Mr. Offutt: It's very important; can't do that in any other business. Mr. Gibbs: One last question and we'll be it; one last question, if I might. Mr. Offutt, would -- is your insurance going to be going up because of this? Mr. Offutt: I suppose. I don't know that for -- I don't know. Mr. Gibbs: Okay. Mr. Offutt: Sorry; I can't answer that directly. Mr. Gibbs: Just wanted to know. Chair Hardemon: Thank you very much. Vice Chair Russell: Sir, are you up river or down river? Mr. Gibbs: Down river. Mr. Offutt: We are at 151, which is just north of Flagler. If you re -- if you look on that, what he just showed you, on South River Drive from Flagler up are all -- they did that on purpose -- marine -related businesses. What their idea was, they wanted res -- they wanted the restaurants on the other side. The argument is that, "Oh, City of Miami Page 45 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 we're going to come down to the restaurant and look at the boats and stuff. " Well, that's what they did. The guys on the north side can look over at the south side, see the fishing boats, the tugboats, and other type of industrial waterfront. But they're separate; they are not side by side. Literally, I will be standing here on my property, and there will be people eating right there, 10 feet from me. They're -- the purpose of this plan was to separate them by the water. They're on the north side, perfect. But this south side, you got to reserve it. Remember, when you make this decision -- Chair Hardemon: Sir -- Mr. Offutt: -- what's happening. Chair Hardemon: -- we understand. You're kind of getting into more of an argument now, but -- Mr. Offutt: Okay. I'm sorry. Chair Hardemon: --we understand you. Chair Hardemon: So you've exceeded the 15 minutes, and you're at 16 -- you're at 21 minutes now. So what I'll do is now I'll move -- unless you have a cross- examination for this witness, I'll move on to your case in -- Ms. Escarra: I have no questions for Mr. Offutt. Chair Hardemon: Thank you very much, sir. Mr. Offutt: You have a question for me? Chair Hardemon: No questions for you. You can --you may have a seat. Mr. Offutt: Okay. Thank you. Chair Hardemon: Thank you. And I know staff may have a position, as well, because you all had an opinion on this matter. Now, you can go first. Ms. Escarra: Good afternoon, Chair, Commissioners. My name is Iris Escarra, with offices at 333 Southeast 2nd Avenue. We appreciate the opportunity to be presenting today. I'd like to give you a little bit of information regarding where the site is and what it's composed of. The site is composed of three sites along the Miami River. The most northern site right here is the one that abuts Mr. Offutt's business. So Mr. Offutt's business is located right here. This is one site that the last certificate of use that it had was in 2010; the center building, the last certificate of use for office was 2011. And the third site was until 2005, it had a certificate of use for pleasure craft. So one of the things that I want to emphasize is that there is no existing marine use that is being displaced by our use. Currently, the site has been vacant, it's been vacant for more than 10 years, so I want to make sure that that is very clear on the record; that there is no existing marine use being displaced. Secondly, I'd like to point to where we are along the Miami River and all the different activities. So in yellow here, this is our site. This is the 5th Street Bridge. As you all know, the City of Miami Charter includes a provision that south of the 5th Street Bridge must have river walk unless you're an industrial use. So one of the things that has always been a natural master planning component item was that the river was divided into three; the lower river, the middle river, and the upper river. Starting from the Charter, starting from every plan adopted from the Miami River Commission, they have looked at the river in three phases. We are located here, east of the 5th Street Bridge, and in the lower river. Our site is here. We have Mr. City of Miami Page 46 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Offutt's site to the north, which is in green, Biscayne Towing. We are also located across the river from Kiki on the River, Sea Spice, Casa Blanca's, Garcia's Restaurant, and so forth, which I'd like to point out with regards to the zoning, our site is here. The purple means "industrial"; D3 marine industrial. All the restaurants here on this curve -- Garcia's, Kiki's, Sea Spice and so forth -- are located in this DI curvature here of the river, which is this curvature here of the river, so I want to make sure that the zoning for those restaurants are similar to the zoning for our restaurants, in that they are industrial. Secondly -- and a very important fact that I want to make sure is emphasized today -- we commonly refer to the working waterfront as defined in the Florida Statute. The City of Miami Comprehensive Plan specifically refers to "working waterfront. " So when you look to Florida Statute 342.07, it defines the working waterfront as "recreational and commercial working waterfront. " It is not only working waterfront; it is recreational and commercial working waterfront. So it is a mixed [sic] of uses on the waterfront. And it says, "The Legislature recognizes that there is an important State interest in facilitating boating and other recreational access to the State's navigable waters." In addition to that, it says that, "As used in this section, the term, 'recreational and commercial working waterfront' means a parcel or parcels of real property which provide access for water -dependent commercial activities, including" -- these are what is defined in the Florida Statute -- "including hotels, motels, as defined in Florida Statute 509, or provide access for the public to the navigable waters of the State. Recreational and commercial working waterfronts require direct access to a location over, adjacent, or to navigable water" -- "body of water. The term includes" -- this is what the term -- So when you -- Every time somebody mentions "water waterfront," we have to call it "recreational and commercial working waterfront" -- "It includes water -dependent facilities that are open to the public and offer public access by vessels to the waters of the State, or that support facilities, " and so forth. It talks about dry marinas, boat ramps, boat hauling, so forth, and talks about how you define "a vessel." So when we refer to working waterfront, it is a variety of uses; it is not just an industrial use. This definition is adopted in the Port of Miami sub -element. So one of the things that Mr. Gibbs and Mr. Dickman were discussing about the importance of those river cases that they incorporated into the Miami Comprehensive Plan was this definition. Says, "The City shall maintain a working waterfront table, " which is the table that was distributed, "to guide future development, and the description of all properties of recreational and commercial working waterfront. " So it's a mix of uses along the water on the river, "as defined in Florida Statute 342; hereafter, 'working waterfront. "' So the term, the defined term of "working waterfront" includes recreational and commercial uses, and that's a very important fact for our case, and that is why the City of Miami -- Miami 21, Article 4, Table 3 specifically says, "ND -3, " which we are; that food service establishment is allowed by warrant. And that is the permit was sought; that is the permit we applied for, and that is the permit under appeal. I would like to reemphasize, we are not asking for a rezoning. We are not asking for a Comprehensive Plan change. We are asking for a special use. One of the things I wanted to point out -- and if I may, Mr. Gibbs, if I can use your exhibit for a second? Thank you, Mr. Gibbs. Unidentified Speaker: (UNINTELLIGIBLE). Ms. Escarra: I know; both sides, actually. So one of the things that's important here is Mr. Karmely, the developer of the site, could have built a restaurant anywhere in the City; anywhere. He could have bought land, upland anywhere in the City. This highlighted here forgets the most important part of this property. The whole reason why he bought this property is the water. He did -- he could have built a restaurant in Brickell and been perfectly fine and happy, but he is a believer, a true believer in that river, and he's a true believer in activating that river. So this whole area here where we're allowed to dock, where we are paying the State for the lease of that land City of Miami Page 47 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 is excluded in this exhibit, and that's the most important part of our exhibit. So once you add that square footage, you will see that it is way more than the square footage of the restaurant. Another important fact that I'd like to put on the record is Miami 21 does not require that the uses be accessory to each other. Miami 21 simply says it's a permitted use. So Mr. Gibbs is referring to the Miami River Urban Infill Plan. Correct, it is a plan that was adopted by the Miami River Commission in 2003. The City, as part of the warrant process, the City staff conditioned our approval to include these relative uses to each other. But the Miami 21 Code does not mandate that they have to be accessory. We have proffered and agreed that, because of the uses and the vision that Mr. Karmely has for this property -- We do have a water - dependent use. We have, actually, a couple different water -dependent uses, and if given the opportunity to pursue them and pull a permit, you will see that they will be great water -dependent uses, as well as a great restaurant and fish market for the area. Going back to the Comprehensive Plan sections that Mr. Gibbs mentioned, he says that the City shall protect encroachment of non -water -dependent or non -water - related uses. We have proffered a water -dependent use; we've actually proffered two of them; not only the boats, but also, the fish market. Secondly, it says that in Comp. Plan Policy 3.14 that the City shall encourage working waterfront. We agree with that. We are -- we're supportive. We have nothing to say about Mr. Offutt's business. He can continue his business. We exist -- we're coming in after. We acknowledge his use that's there; that's why we are coming in and supporting the river. In addition, we also have employees; we also have people in the area that will be employed with our facilities. So the working waterfront, as defined in the Florida Statute, and as defined in Miami 21, we fully comply with. In addition to that, Comprehensive Plan 3.16, he says that the City shall encourage only those developments, rezoning and land use amendments in the vicinity. Here, we're not asking for a rezoning and we're not asking for any Comprehensive Plan change. We are complying with the existing regulations. Furthermore, I'd like to put on the record Land Use Policy 1.3.3. So the City's Comprehensive Plan says, "That the City shall maintain regulatory incentives and criteria that encourage the preservation of recreational and commercial working waterfront. " Secondly, Policy CM -2.1 says, "Wherever feasible, increased physical and visual public access to the Miami River. " The Miami River, on the south side of the river, we are providing as part of our plan public access to the river. Currently, right now, these residents in this area have no access to the river as part of our Comprehensive Plan. Because we are promoting a use that is either retail or office, the City requires that we have public access, which we have, on two sides of the site to access the waterfront, as well as along the waterfront. So this neighborhood here is also going to be benefiting from the public access, to be able to enjoy, which is in your Comprehensive Plan as a requirement that the design elements encourage access to the river. CM Policy 2.14 says that, "The City shall continue to implement river walk guidelines." We comply with the river walk guidelines. We provided --we even agreed to chop off a portion of a building, which is a triangle, almost going into the water, in order to enhance the public river walk area. Policy CM -3.1.1, Comp. Plan and land development regulations will encourage water -dependent uses for the working waterfront, as defined in Section 3. -- 342.07. Now, one of the things that I wanted to mention is that Tucker has the burden to establish that the project does not meet the standards -- he has not done such; that it is adverse to the public interest -- he has not done such. In addition to that, Mr. Offutt's testimony is not fact based, because we have not moved in. We have not started a restaurant next to him. So while we understand that he may be fearful of another use next to him, we have done nothing to impact his business. So they are all ideas or concerns that he is raising that are premature. I would also like to read into the record the Planning, Zoning & Appeals Board recommended denial of the appeal. At the Planning, Zoning & Appeals Board, Andy Parrish, one of the board members who is friendly with Brett Bibeau and the Miami River Commission director, asked him specifically the following, and I'd like to put the following into the record: "Mr. Bibeau: My old City of Miami Page 48 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 buddy put me on the spot; the last speaker of the night. Brett Bibeau, managing director of the Miami River Commission. " This was after Andy Parrish asked him specifically, "What is your own opinion; not the Miami River Commission, but what is your own opinion?" Mr. Bibeau said, "I support the position of the two subcommittee chairs, Jim Murley and Ernie Martin, that recommend approval of this project, because it's in the lower river, because of the public river walk, and because the history of the site is not marine industry. We are not evicting a marine industrial business. The site is built out, it is not vacant, it has structures. Those structures cover the majority of the site. I don't think it is possible to attract a marine industrial business to this site. I don't think it is -- a boatyard will fit at this property, and I don't think that it will get the number of permits -- the number of slips from DERM (Department of Environmental Resource Management) to support a truly working waterfront marina boatyard, commercial fishing operation, et cetera. This proposal brings an element of the Miami" -- "of the marine industry by bringing in yacht charters and commercial fishing." This is his personal opinion that he put on the record at the PZAB (Planning, Zoning & Appeals Board). That is included in your backup, with the minutes of the Planning, Zoning & Appeals Board meeting. In addition to that, I'd also like to read into the record -- there are various letters of support, 38 emails, 41 letters, and a petition of 259 people that have supported the project proceeding forward, including a letter from County Commissioner Bruno Barreiro that have been included, amongst many other members of the community: Finley Matheson, Arva Jain, River Master Association, Mint Condominium Association, Mr. Andrew Frey, Arturo (UNINTELLIGIBLE), Kent [sic] Karpowicz, and so on and so on, of other folks that were not able to be present today that would like to speak in support of the item. The last item that I would like to put onto the record is that we have made a commitment to the Miami River and Mr. Karmely has made a commitment to the Miami River through various different developments that he is doing. In addition to that, he wants to make sure that it is emphasized that his commitment to the river is very important with regards to local preference and local hiring; as such, we are proffering a covenant, which is going to require the following: At the time of construction of our restaurant, 50 percent of those employed for the construction will be City of Miami District 3 residents. During construction, the owner shall provide independent reports to the City, confirming that such folks are City of Miami and District 3 residents. In addition to that, once the restaurant is open, we have agreed and proffered that we will be providing 30 percent of those employed to be City of Miami residents. In addition to that, we are also providing discounts for those in the immediate area for the restaurant of 25 percent, as well as in the fish market. So our commitment to this community will be recorded against the title of this property for the restaurant use. Again, I just want to read this into the record, because this is part of the Miami River Greenway Action Plan, where it talks specifically about Little Havana, it says that this section of the river is best categorized by dense urban development comprised of high-rise residential, commercial single-family, multi family housing, retail (UNINTELLIGIBLE) and waterfront restaurants. This is in the Miami River's Greenway Action Plan. So the Miami River Commission has adopted these two plans as guiding principles for all development along the river. With that said, I have our architect here, who can walk you through the site plan and the development, and I'd also like to bring up Mr. Karmely to -- who is the developer of the site -- to have a few words. Chair Hardemon: Have about four minutes left. Shahab Karmely: Honorable members of the Commission, thank you for your time today. Obviously, all of us who stand up here, hear what has been said, and sit there, and, you know, go through what's the cash vote of the day. Today there seems to be fake news and hyperbole, and a lot of statements made that have no basis in fact. I came across a property -- I came to a city in 2013, which I fell in love with. I City of Miami Page 49 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 discovered a city which is dynamic and vibrant and on the path of growth, and on its way to becoming a world-class city. I have invested money, time, and resources in the City, and the focus of that has been the Miami River. I'm a passionate believer, supporter and advocate of the Miami River and the City of Miami, and I firmly believe that despite the opposition coming from across the aisle, we all win together and we all lose together. This site was abandoned. It has not been a marine use for two decades, neither can it ever be. We've looked at it. You cannot get the DERM permits. So I am just incredulous when I have people standing up on record and making a case that by us putting a restaurant there, somehow, we're stealing marine industry jobs. If anything, by activating a site, increasing boat traffic there, it will benefit the marine industry by providing clients for them. One sector of the opposition was concerned -- the gentleman over there was concerned, along with Antillean that they don't want us there, because the increased traffic is dangerous. Well, I'd like to posit that if this, in fact, could become a use, such as Mr. Offutt's, the number of boats that would be going in and out of the site, the number of boats that would be using this would be incrementally -- not only incre -- exponentially more than the use that we would have. So I don't understand how we are creating a dangerous traffic bottleneck, whereas marine use would not; if anything, in fact, that's a difference. Second point here is that we go back to the nexus of where the opposition to this started, and I have gone on record on two separate occasions, and I will do so again today on the record. The opposition here started with Mr. Offutt approaching myself and my broker. Mr. Gibbs: Mr. Chair, I want to object to this. This has nothing to do with the standards and with the issue -- the legal issues of approving a warrant. This is nothing more than to try to sway you with an argument that has nothing to do with your charge here today, which is to either grant my appeal or not grant my appeal. What he's talking about has nothing to do with the appeal that I filed,• it's not a response to the appeal I filed. What he's trying to do is go after my client, and I don't think it's appropriate, and it's also absolutely unnecessary. Chair Hardemon: I hear your objection, counselor. Do you -- Ms. Escarra: Chair -- Chair Hardemon: -- have a response to the objection? Ms. Escarra: I do. It goes to the heart of why Mr. Offutt appealed. The statement he is about -- Mr. Gibbs: That doesn't matter. Ms. Escarra: Yes, it is. The whole reason why he appealed is why we're here. Chair Hardemon: And I'll tell you, I mean, it's a statement by a party opponent, so why shouldn't we hear it? Mr. Gibbs: I will tell you why. If he's going to talk about the issues that he -- that I believe he's going to talk about, again, it has -- the basis of this appeal -- whether they want to argue that the basis is something else, I'm the appellant. I wrote the appeal. The appellee has no right to edit what I have done for my appeal, what my appeal is. My appeal, as I've made it to you all today, is based on the law. I have not made any other arguments about anything else -- Chair Hardemon: But -- City of Miami Page 50 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Mr. Gibbs: -- about motivations -- I could make arguments about motivations on this side, too. I won't. I don't think it's appropriate to bring up extraneous issues that have no relationship to the issue at hand, which is my appeal of the warrant, and whether you all grant it or deny it. Chair Hardemon: But counselor, if your client made this statement -- Mr. Gibbs: I don't know what statement -- Chair Hardemon: -- besides -- Ms. Escarra: If I may, Chair? Chair Hardemon: -- relevance, why should not this board hear his statement? Mr. Gibbs: Because what you're doing is -- You have a record if this is challenged on either side. You have a record. Do you really want to pollute the record with non -relevant issues, and not issues that relate to the appeal, itse f? Ms. Escarra: If I may? Mr. Offutt put testimony into the record regarding a financial impact to his business because of this -- Mr. Gibbs: I'm sorry, I'm going to object again. Ms. Escarra: -- I have not -- I did not interrupt you. Chair Hardemon: Let her -- let -- Mr. Gibbs: This is -- Ms. Escarra: Mr. Offutt -- Mr. Gibbs: -- (UNINTELLIGIBLE) on the side. Chair Hardemon: Calm down, counselor. Calm down. Ms. Escarra: Mr. Offutt put testimony -- Mr. Gibbs: This is wrong. Ms. Escarra: -- into the record regarding a financial impact to his business from our use. What Mr. Karmely is about to say, which was a fact, and he was present at these discussions with Mr. Offutt is critical to the -- and it's part of the reasoning for the appeal. Mr. Gibbs: It's not competent and substantial. Ms. Escarra: Therefore, I ask that you please allow Mr. Karmely to continue with his testimony. Mr. Gibbs: Mr. Chairman, it's not competent and substantial evidence. I will object to it. It is not competent and substantial; and therefore, you should not consider it. Your role on this board, as a quasi-judicial officer, every single one of you, is to review the record -- Chair Hardemon: Yeah, but counselor, I could -- City of Miami Page 51 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Mr. Gibbs: -- review competent and substantial evidence. Chair Hardemon: No, no, no. We have to find that competent and substantial evidence and -- Mr. Gibbs: Is it corroborated? Chair Hardemon: Hear what I'm saying to you. We have to find that competent and substantial evidence has guided us to our decision; that's what we make our decision upon. But we are allowed to hear the facts, no matter how minute you may claim them to be, and -- Mr. Gibbs: But if those -- but are they facts? Are the competent, substantial facts? That's all I'm saying. Chair Hardemon: What I'll tell you is that if there is a statement that goes to what the counselor just stated, I'll allow that statement in. I'll overrule your objection. The record is very clear that you objected to it, but we're going to hear the fact -- we're going to hear the statement that was made, and then we're going to move forward with the two minutes and 51 seconds that you have left for your presentation. Ms. Escarra: Okay. So what I want to do is I want to make sure that we put the financial reasons on the record that Mr. Offutt had raised, so this is rebutting his statements on the record. Mr. Karmely: So Mr. Offutt, which speaks very passionately and gives us history of how he got to where he is, somehow brought up this topsy-turvy reasoning that, "I don't want you there, because, Karmely, you're so stupid. You're going to go create jobs, you're going to spend millions of dollars to build this restaurant, and your restaurant is going to fail, because I am there making noise, creating pollution, being a general nuisance," regardless if this is a residential neighborhood, right? This is primarily a residential neighborhood. "Because of all that, your business is going to fail. " Well, the onus is on me. If -- shame on me if I have not figured out that I can't run a restaurant over there. So he claims his motivation somehow as goodwill towards me, trying to dissuade me from opening a restaurant there, because, clearly, my restaurant is not going to work, and I'm going to complain. Now, we have a judiciary, we have Code, and if my complaint is baseless, I'm going to be told, "Hey, too bad. It is what it is, you are where you are, get on with your life." And we bought this restaurant knowing full well that there is a marine operation next to us. If you like, I find it to be part of the charm of the working river, and we have no intention in interfering with Mr. Offutt's business, as we have not in the past year, as he has vigorously pursued his case against me. And it is a case that is basically based simply and basically -- and I'm standing on record -- in blackmail. This man stood and said, "If you don't pay for my property what I paid" -- "what you paid for yours, I'm going to hold you up. " If Thomas Conway were here -- Chair Hardemon: Can you clam your statement, please? Mr. Karmely: He's -- he told me and he told Thomas Conway, "You pay me for my property next door. I want to sell to you. You pay me what you paid here; otherwise, I'm going to hold you up." And I'm saying this on the record. And Thomas Conway, who is my broker, is a well-known broker in the City of Miami. He's very active on the river. He is willing to corroborate with me right now. Now, why do I bring this up? And if you would like, I can have him stand up here. Chair Hardemon: No. You finish your statement, please. City of Miami Page 52 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Mr. Karmely: Okay. And why am I saying this? Because this goes to the heart of why this opposition exists. Is it because there's too much traffic or not enough traffic? We're creating jobs, or we're taking away job? We're not taking away any jobs, we're not kicking anybody out, we're not shutting down any business. This site was not offered to me because of some corrupt procedure in which I was the only person who -- This site was widely marketed. It was on the market for a long time. The gentlemen of the marine industry, Antillean, they could have come and bought this. If they are so concerned -- There are lots of sites on the river that are abandoned and are for sale. Well, for God's sake, if there are all these jobs out there that are being held up because the sites are not available -- they're available. They could have bought this. Anybody could have bought this. You know why nobody from the marine industry bought this? It's because this site has not been in marine use for decades; neither can it be; it never was. We have not closed down a business, we have not kicked anybody out, we have not created unemployment. In fact, we've taken a site that was an eyesore, filled with homeless people; we've cleaned it up; we have guard service there; and we're looking to spend a substantial amount of money to create jobs and activities on the river. Mr. Gibbs, who has a penchant for never letting anybody finish anything -- so hold your thought, right? Mr. Gibbs pointed at -- to my plan -- Chair Hardemon: Talk to me. Mr. Karmely: -- and said -- he was about to do his usual, you know -- Chair Hardemon: I know; just talk tome. Stay focused. Mr. Karmely: Sorry. So Mr. Gibbs pulled this up and said, "Oh, if my forensic accountants go in" -- How do you send a forensic accountant when a business hasn't even started? What are you looking at, this forensic accountant? On the other hand, he says, "I looked at the square footage here. There are two kitchens. " He knows very well why there are two kitchens there. One kitchen is for the restaurant and one kitchen is for the bigger space, which is where fishermen bring in catch, and you do fish and chips, you do real -- You cook it, you package it, and you sell it. It's takeout. The very boats the marine industry services, they will go up and down the river, and hopefully, stop by us and get provisions going to sea and coming back. Hopefully, Mr. Offutt's workers come and have a nice fish and chips lunch at our place, or have a steak at -- that's why there's two kitchens. As far as yacht sails and yacht charter goes, it's not a car dealership, because in a car dealership, you have your inventory sitting in a closed showroom. In the marine industry, it's about selling lifestyle. And if you go to the Fort Lauderdale Boat Show -- that's why these boat shows move around. You don't have car shows that move all around. They don't sell at those car shows; they just show them, but you go to the dealership. The idea is that you utilize the whole site. You utilize the frontage of the site, itself- the restaurant, the lounge. It's a combination of, "Hey, have a meal, have a drink"; it's all working together. And by the way, if it was not our plan to utilize the river and have this element of it, why would I want to go through all this and pay this number to have just a restaurant? There are many sites available in Miami -- unfortunately, too many -- to do this. And in conclusion, I would like to say, not just saying grandiose, but I say this from the bottom of my heart: We, as a city, are growing; we, as a city, are changing. And one of the messages I firmly believe -- I just came back from five days in Shanghai, where I was a panel speaker at two different forums, and my point was not about New York, was not about L.A. (Los Angeles); it was about Miami. And as a city, for all of us -- everybody who is a resident here, everybody who is a taxpayer here, everybody who's a politician, somebody who likes me or doesn't like me, we're all in this together. And I think the message that we want to send to the world and the message that we want to send locally, internationally, is that we are a City of Miami Page 53 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 city that is lifestyle -oriented,• we are a city that welcome outsiders; we are a city that's growing. And we say that we pro businesses. We are pro businesses that benefit our communities, don't pollute the environment. Chair Hardemon: Thank you, sir. Mr. Karmely: Thank you very much for your time. Chair Hardemon: Counselor -- Mr. Gibbs: Excuse me. (Applause) Chair Hardemon: No, please, no -- Mr. Gibbs: Excuse me. Chair Hardemon: -- no, no, everyone. Even some of our employees got beside themselves with that one. No clapping. Mr. Gibbs: I just want to ask Mr. Karmely a question. Chair Hardemon: I would allow you to cross-examine for a moment. Sir, can you please approach the lectern here? Approach the lectern. I think it was the accent that got people. Mr. Karmely: Oh, sorry. Chair Hardemon: You're recognized, counselor. Mr. Gibbs: One question. Mr. Karmely: Yes, sir. Mr. Gibbs: Have you ever met or spoken with my client? Mr. Karmely: Yes, I have. Mr.Offutt: Never. Mr. Gibbs: Okay. Chair Hardemon: You asked the question. You got an answer. Mr. Gibbs: I asked the question. My client says, "no,"so I will leave it with that. Mr. Karmely: I don't have to tell you where I met him? Chair Hardemon: You can. Mr. Karmely: On our site, as he was being very threatening. Chair Hardemon: Thank you very much. Ms. Escarra: I need 30 seconds -- City of Miami Page 54 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Mr. Karmely: And by the way, and the Miami River Commission hearing. And the last time we were here, I shook hands with him. I said, "It's good seeing you." I met him on numerous occasions. Mr. Gibbs: But that -- Mr. Karmely: In front of multiple witnesses right over there. Mr. Gibbs: That's not what I meant. I meant -- Chair Hardemon: You asked a question. Mr. Gibbs: Okay. I'll ask another question. Chair Hardemon: He's a very good lawyer. Mr. Gibbs: Did you ever meet with my client, and did my client ever tell you anything about money or anything else -- Mr. Karmely: Yes, yes -- Mr. Gibbs: -- when you met with him? Mr. Karmely: -- at the site. That's my number. That -- Mr. Gibbs: When did this happen? Mr. Karmely: -- is my number -- Mr. Gibbs: When did this happen? Mr. Karmely: When -- about a month after we bought the site. Mr. Gibbs: And when was that? I don't know when you bought the site. Mr. Karmely: 2016 Mr. Gibbs: In 2016? Mr. Karmely: Yes. Chair Hardemon: Thank you, counselor. Thank you. Ms. Escarra: If I may? Mr. Karmely: (UNINTELLIGIBLE). Chair Hardemon: Have -- sir, no, no, no. Have a seat. Mr. Karmely: (UNINTELLIGIBLE). Chair Hardemon: Have a seat, have a seat. You should be coming to a conclusion. Ms. Escarra: And in conclusion -- Chair Hardemon: Okay. City of Miami Page 55 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Ms. Escarra: -- I would just like to incorporate into the record the Planning, Zoning & Appeals Board decision denying the appeal. I'd like to include into the record the City staff report, which is competent and substantial evidence, which shows that we are consistent, that we are relevant, and that reasonable minds would agree that our application complies with the City's Zoning Code, the City's Comprehensive Plan. With that said, I conclude my presentation. Chair Hardemon: Thank you. Ms. Escarra: Thank you. Chair Hardemon: No, no, not yet. The City -- Mr. Francisco; I'm going to give him an opportunity to speak. Mr. Gibbs: Oh, okay. Chair Hardemon: Mr. Garcia? Francisco Garcia: Thank you, sir. For the record, Francisco Garcia, Planning & Zoning director. And mindful of the time, I'll be very brief. As stipulated, you have all of our information and all of our analysis on your record, so I'll stipulate to that. And I'll mention simply two things: As stated previously, but worth emphasizing, the uses applied for are allowable in the applicable zoning designation; that being D3, which is waterfront industrial. The reason these uses require a warrant in this particular zoning designation, unlike in all the other industrial zoning designations - - namely, DI and D2 -- the reason they are required -- the warrant is required in D3 is to ensure that there is a continued presence of water -related uses along the riverfront, as appropriate. And so, to ensure through the warrant that the water - related uses on the subject site are protected -- and I think it bears repeating that this site at various times has been vacant, which is clearly not conducive to a waterfront environment -- we have added a condition to the warrant that I'd like to read briefly into the record, and it says the following -- it's Condition Number 3 in the warrant. It says, "To assure that a water -dependent is achieved on the subject site, the marine operating permits shall be approved prior to the issuance of a building permit for the site for any other uses "; those being the proposed restaurant, outdoor dining area, et cetera. It is possible -- and I'll close with this -- that the subject use that is applied for here, the restaurant and the open dining area, are not incompatible, but actually accessory to the water -related uses. We believe that in this particular application, they are, and we think it also is conducive to implement other objectives and intents of the Zoning Ordinance and the Comprehensive Neighborhood Plan, which is to serve as a buffer to the other residential uses across the street. So there is now a clear and effective transition between some residential uses across -- south from the site, across the street; a restaurant, which is a perfect merger between the industrial setting of the river and the residential to the south and east; and also, the industrial uses, which will continue to, we hope, foster over the years. We certainly approved the warrant originally; and therefore, we recommend that you deny the appeal. Thank you. Chair Hardemon: Counselor, do you have any questions that you have for Mr. Garcia? Mr. Gibbs: I do not. Chair Hardemon: Okay. Thank you very much. I'll give you an opportunity to rebut any of the testimony that was provided here. I suggest, though, that you not focus your time on -- City of Miami Page 56 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Mr. Gibbs: I'm not going to. Chair Hardemon: Okay, good. Mr. Gibbs: I knew what you were going to ask. I have two points I want to make about the lower river. I want to submit this map into evidence; and, Iris, I will show it to you -- or Andrew will show it to you. It shows that P&L Towing is immediately to the south of this site. There is a substation and there's also P&L Towing, right -- okay. Right -- Ms. Escarra: Yes, you can use my exhibit, Mr. Gibbs. You're welcome to use it, of course. Go right ahead. I highlighted it. I highlighted it over there. Mr. Gibbs: On the record, on the record, I should have asked you. I apologize. Okay, P&L Towing is immediately -- Commissioner Carollo: Courtesy first. Mr. Gibbs: Pardon? Commissioner Carollo: Courtesy first. Mr. Gibbs: Hey, absolutely, I want to be. My -- the AT&T (American Telephone and Telegraph) substation is here, and P&L Towing is right south of there. So -- and you have Biscayne Salvage, which is Biscayne Towing. So this is sandwiched in between two very intense uses on the river. That's the issue; is to preserve it. This is an "A" property; again, just so you all know, it's an "A" property. And -- oh, I forgot, that's the one thing -- P&L Towing was the plaintiff -- was one of the major plaintiffs; the late Captain Payne was. It's Payne versus City of Miami. And it was to protect these uses in the lower river. Anybody who's going to talk about the lower river, that is a non -issue, because in the Miami River Infill Plan, in the lower river, it says restaurants are only to be used if they're accessory. I'm just going to leave you with that. But I also want to talk to you about something else, and that is your review criteria. Your review criteria specifically says when you're reviewing for a warrant, the review shall consider -- "The application shall be reviewed for compliance with the Code. It shall consider the intent of the transect." The intent of the transect. When you look at the intent language, as I explained earlier, the intent language talks about industrial uses and talks specifically about the kind of very intense uses that are acceptable in that area, and it's -- in that zoning -- Chair Hardemon: I'm assume you're going -- you're closing your argument with this. This is -- it sounds to be. Mr. Gibbs: -- I am closing with this argument; that is correct. -- and the guiding principles of the Miami 21 Code, and the manner in which the proposed use will operate, given the specific location in proximity to less intense uses. So the question is when you evaluate, when you make this decision, is this restaurant use? Does it implement the intent of the industrial transect, the "D" transect; does it do that? And does it do is in a manner in which the proposed use will operate? So you have an operation that you know you're approving that is inconsistent with the operation directly to the north and close by to the one to the south, and that's the issue. The issue is, how is that protecting the marine industrial uses along that river? And I understand the statute, I understand what that has said, but I don't think it says -- and you look at -- and if you look at the language in the statute, it's really interesting. It talks about ports. It talks about ports, and it basically says, "I don't think you're going to want to have it" -- "one of these recreational uses with selling jet skis or renting jet skis in the Miami River while ships are going up and down that City of Miami Page 57 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 river. That's the point. They're trying to tell you, "Well, this is a mixed recreational and industrial, and commercial use." No, it's not. This is a working river. And I don't mean working by giving people jobs in restaurants or restaurants -- I'm talking about real ship work; cleaning, painting, scraping, refurbishing ships and large vessels. And what you're doing here is you're making a false equivalency. You're saying, "Eh, it's a restaurant. They have a ship, they have a boat that comes in every other day or everyday with fish. We're going to sell fish and we're going to put it on the menu, and that's good enough." So you know what's going to happen? And this will be your legacy. You're going to have beautiful restaurants all up and down this river, and you're not going to have a single working concern on the Miami part of that river, because everybody's going to bootstrap this. When I said it's the tail wagging the dog, I meant it. It's the tail wagging the dog. This is about a restaurant. This is not about a real marine industrial use. And I'm sorry, I am passionate about this; I'm very passionate about this. Every community needs industrial. And you know what? Industrial land is the one land, when you give it away, you let it be used for something else, it will never ever be industrial again, and you lose your balance as a city, because that's where you get your money. Chair Hardemon: Thankyou very much, counselor. Ma'am, you're recognized. Ms. Escarra: I just want to put one thing into the record. P&L Towing did not appeal our warrant. Chair Hardemon: Is that your closing? Ms. Escarra: That -- I'm on rebuttal to his rebuttal -- Chair Hardemon: No, that's -- Ms. Escarra: -- unless I can say more. I'm happy to say more. Chair Hardemon: He moved into his closing. It's your closing. Mr. Gibbs: I didn't know -- Ms. Escarra: Oh. Mr. Gibbs: -- that there was a rebuttal to the rebuttal. I -- Chair Hardemon: No, I didn't designate two rebuttals, no. Mr. Gibbs: You want to have three? Because I'll rebut that. Chair Hardemon: You may have a seat, counselor. Ms. Escarra: So in closing, I would just like to summarize -- making me laugh. I apologize. In closing, I would like to summarize that we went through the City's process. The City has a warrant process which provided notice to neighbors in abutting areas. We went through the Miami River Commission. The Miami River Commission made a motion to approve this item, and the motion failed. They did not make a motion to deny this item. We also went through the City's Planning, Zoning & Appeals Board, and they -- after about an hour and a half hearing, they also denied the appellant's appeal. I ask this of you. I expressed to you the Florida Statute definition of "recreational and commercial working waterfront, " which is extremely important to the item before you, because it is supposed to be a river of many uses; not a river of one use. Furthermore, the Miami River Commission, in its previous plans, have designated the lower river as an area for mixed uses. We have City of Miami Page 58 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 no problem with Mr. Offutt's use. We understand that we are coming in second. We have no problem with that use. This area has other restaurants. There's about four or five other restaurants in this area, and we don't understand why our restaurant is being targeted. Therefore, in that, I conclude. If there's any other questions, we have our architect here to present, and I incorporate the record from the lower boards and the City staff. Thank you. Chair Hardemon: Thank you very much. Mr. Gibbs: I have nothing -- I -- What can I say? I -- my under -- Chair Hardemon: Well, why--? Mr. Gibbs: -- you know, a surrebuttal to their surrebuttal -- Chair Hardemon: No, no, it's a closing. Mr. Gibbs: Wait a minute. Their closing? They're the appellee. I don't understand how an appellee does a closing. All I can say is reiterate -- Chair Hardemon: I allowed her to come to a conclusion with her statements. She provided a case in chief, the same way you did, and she's concluding it. So she's told us what is final, what we should remember when we're moving forward. Now that we've heard all the arguments, it's our time to talk about the issue. If we need you to discuss the issue, we will call on you. But at this time, I'm going to take this information that we've learned and we're going to ingest it as a Commission. You're recognized. Commissioner Carollo: Mr. Chairman, thank you. So I understand the arguments very well. Actually, Commissioner Reyes hit it right on the head with his question, "How does this restaurant hurt your business?" I did not hear a compelling argument on how this restaurant hurts your business, other than, "They're going to be eating 10 feet away from where I'm at." Besides that, this area is blighted. In all fairness, this area would be very good to be considered as a CRA (Community Redevelopment Agency). As a matter of fact, the County is considering it as a CRA. And here, you have someone that's not coming requesting monies from the City for this blighted area; they're actually investing in this area. At the same time, I understand about the marine jobs. You're hearing the Commissioner that teamed up with Miami -Dade Public Schools and Bayside -- and the Bayside Foundation, and created the first Marine Service Technology Program in the County. So all those jobs, there was no training for the individuals to obtain those jobs. You had to go up to Fort Lauderdale or up north, so I understand that. Here, once again, through a voluntary covenant, they're committing to creating jobs and creating jobs within the City of Miami, it states here in their covenant, and there will be some accountability, because they have to hire an independent firm to certify that that is happening. And at the same time, for the residents, they're providing a discount in the restaurants and so forth. So I think this is good for the area, and I am going to make a motion following the recommendation of our Planning Department and following the recommendation of our Planning and Zoning Appeals Board [sic] to deny this appeal, and that is my motion. Barnaby Min (Deputy City Attorney): Mr. Chairman, if I can also inquire? I believe the applicant had voluntarily proffered a covenant. Would the Commission be accepting that covenant, as well, as part of the motion? Commissioner Carollo: Yes; having the covenant, which I had mentioned, as part of the motion, and that is my motion. City of Miami Page 59 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: Is there a second to the motion? Vice Chair Russell: I'll second it. Chair Hardemon: It's been properly -- Vice Chair Russell: Discussion. Chair Hardemon: -- moved and seconded. You're recognized, sir. Vice Chair Russell: Mr. Garcia and/or Mr. City Attorney, there was a lot of different jurisdictions mentioned and a lot of different definitions from different parts of our Code, the State Statute. Tell me, the Miami River Infill Plan, is that something that we are bound to as a City Commission, as we make our decisions? Is that --? Mr. Min: Yes. Vice Chair Russell: Thank you. Chair Hardemon: Any further questions? Commissioner Carollo: Call the question? Chair Hardemon: Yeah. Just -- well, one quick question. Mr. Garcia, an incidental use -- A statement that was made on the record was that the Miami River Infill Plan required that the restaurant had to be an incidental use. How is it that your department defined or -- and analyzed the term, "incidental use"? Mr. Garcia: Thank you for the question, because I think it would help clarify a couple of issues. There are no hard and fast criteria set forth in our Code or in the Zoning Ordinance. Our Zoning Ordinance frequently speaks of ancillary uses, and those are typically referred to as having to occur after and being supportive of a precedent dominant use or principal use. In this case, we find that once the proposed development is completed, there will be both a dominant water -related commercial use -- not necessarily industrial, but certainly, water -related use, which we find in compliance with the applicable regulations. And supportive of that, there will also be a restaurant that happens to have an open air eating area. Because we find the two complementary and because we have -- we find the two to be companions in terms of facilitating the uses that the Code and the Comprehensive Plan provide for and request, we deemed that the warrant would be worthy of approving, with conditions, as we have set forth; always making certain that the water -related use remains onsite. That goes -- that's Point I of 2, but 2 is very brief. That goes to ensuring that the subject site, the site that is subject of the warrant is in full compliance; and then, vis-a-vis protecting surrounding uses, which should be allowed to be and should be fostered as water -related industrial, it doesn't affect them adversely in any way that we have been able to discern. And because that is the case, it neither detracts from or encroaches upon the acceptable and fosterable industrial uses, but it also inserts a water -related use on the site, which is something that wasn't there before. Chair Hardemon: Thank you. Any further discussion or unreadiness? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 60 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Todd B. Hannon (City Clerk): As amended PZ.4 ORDINANCE First Reading 1032 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 ABSENT: SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION Note for the Record. Item PZ.4 was deferred to the February 22, 2018, Planning 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND Meeting. USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 29 NORTHWEST 42 STREET, 30 NORTHWEST 44 STREET AND 4202- 4330 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM " DUPLEX RESIDENTIAL" AND "LOW DENSITY RESTRICTED COMMERCIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. Item PZ.4 was deferred to the February 22, 2018, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.4, please see "Order of the Day. " Citv ofMiami Page 61 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 PZ.5 ORDINANCE First Reading 1033 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 ABSENT: APPROXIMATELY 29 NORTHWEST 42ND STREET, 30 NORTHWEST Note for the Record. Item PZ.5 was deferred to the February 22, 2018, Planning 44TH STREET AND 4202-4330 NORTH MIAMI AVENUE, MIAMI, Meeting. FLORIDA FROM T3 -L, "SUB -URBAN TRANSECT ZONE -LIMITED," AND, T4 -L, "GENERAL URBAN TRANSECT ZONE -LIMITED," TO CI, "CIVIC INSTITUTION"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. Item PZ.5 was deferred to the February 22, 2018, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.S, please see "Order of the Day. " PZ.6 ORDINANCE Second Reading 1972 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS," ARTICLE 4, TABLE 3, ENTITLED "BUILDING FUNCTION: USES," AND ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. Item PZ.6 was continued to the December 14, 2017, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.6, please see "Order of the Day"' further, "Order of the Day" of the November 16, 2017 Regular Commission Meeting Agenda. Citv ofMiami Page 62 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 PZ.7 ORDINANCE Second Reading 1909 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING "DEFINITIONS ABSENT: ARTICLE 1, SECTION 1.5, ENTITLED OF ART IN PUBLIC PLACES PROGRAM"; ARTICLE 3, SECTION 3.17, ENTITLED "PUBLIC ART REQUIREMENTS"; AND ARTICLE 11, ENTITLED "ART IN PUBLIC PLACES PROGRAM," TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. Item PZ.7 was continued to the December 14, 2017, Planning and Zoning Commission Meeting. Note for the Record. For additional minutes referencing Item PZ. 7, please see "Public Comment Period for Planning and Zoning Items;" further, "Public Comment Period for Regular Items" on the November 16, 2017 Regular Commission Meeting Agenda. Chair Hardemon: We can hear PZ. 7 first, correct? I believe we can. Commissioner Carollo: PZ. 7? Chair Hardemon: Yeah. We skipped PZ.7. It's the Zoning text. Victoria Mendez (City Attorney): PZ. 7, may I read it into the record? The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: The companion is SR.2, and we'll deal with it when we go to the regular agenda. Chair Hardemon: Correct. Any discussion? Commissioner Reyes: Yes. Chair Hardemon: You are recognized, sir. Commissioner Reyes: I have a question, and I think that it's -- it concerns me, the cost of all that art, and we are charging -- we are making -- and just for clarification, we are making developers spend all that money on art that they have to have in front of the buildings, right? Efren Nunez (Planner II, Department of Planning): So the ordinance would require the -- City of Miami Page 63 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: Can you announce yourself for the record, sir? Mr. Nunez: Efren Nunez, with the Department of Planning & Zoning. The way the legislation is drafted would require that the developer incorporate an artistic component to the developmentproject -- Commissioner Reyes: Okay. But -- Mr. Nunez: -- to a percentage. Commissioner Reyes: -- so, I mean, it's a set fee that they have to pay when they are doing the development, or it is the cost of those pieces of art that they going to place in front? Mr. Nunez: The fee is based on the value of construction. The percentage that we have is a lower percentage than that that is on standard nationwide in other cities. Commissioner Reyes: What is "low"? Mr. Nunez: So the average percentage nationwide is I percent, or what is normally called a percent for the arts. In this particular case, we -- based on the recommendation from the previous meeting that we had with the Commission was to look at a tier process, which is what's being proposed. So we raised the applicability before the legislation had projects a million and over, which is standard in -- with other municipalities in Miami -Dade County to 3 percent -- I mean, to projects 3 million and over, we dropped the percentage from the I percent to a quarter percent, and it's based on a tier process. Other cities -- for example, Doral, Coral Gables, Palmetto Bay -- their standard percentage is the I percent. Commissioner Reyes: So does these apply to low-income housing -- Mr. Nunez: It excludes -- Commissioner Reyes: -- or affordable housing? Mr. Nunez: -- it ex -- the applicability requirement is excluded for workforce housing, except those projects that are subject to the Miami -Dade County Ordinance. Under the Miami -Dade County Ordinance, workforce housing or affordable housing projects that receive subsidies from the County, such as SNP (Safe Neighborhood Parks) or GOB (General Obligation Bond) funding are subject to public art requirements under Miami -Dade County. Commissioner Reyes: Another question, just for the sake of knowing: Who decides what type of art is going to be placed in front of the building? Mr. Nunez: So the City Commission adopted Phase One of the Public Art Ordinance, which established the Public Art Board. The Public Art Board is composed of 11 members of the community; each of them appointed by the City Council. The Ordinance requires that the Art Board members have a background in the world of art, with a degree that is from an accredited university that has either an art, architecture, or fine arts, art history, urban design. In addition to those requirements, there are other positions within the board that have a real estate background, development background, to have a balanced board so the process is -- moves quickly. Commissioner Reyes: Okay. And let's say that the -- a building that cost $10 million, right? It will be $25,000 -- right? -- if it is quarter of a percent. City of Miami Page 64 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: Or 10 million -- it might be another tier. We have to look to see what the tier is -- Commissioner Reyes: Oh, okay. Commissioner Carollo: -- so it might be more. Commissioner Reyes: No, my fear is that, I mean, you know, developers, they are not going to lose money. Mr. Nunez: Correct. Commissioner Reyes: They are not going to lose money. What they're going to -- oh, that's the business. Commissioner Carollo: Increase that -- Commissioner Reyes: And what they are going to do is they are going to either increase the price or increase rent, you see? That's my problem with this ordinance. That is my problem. We are make -- I mean, we have -- we are living in -- some areas are rich and they have money that they would not affect them, but if you go to the -- most part of Miami is low income. Most part of Miami is low income, and what we doing is we are increasing the cost of rent and we increasing the cost of apartments, you see? I mean, it's beautiful to have art and all of that; fantastic, fantastic. But I don't know. I have certain problem with that. Chair Hardemon: You know, and Commissioner Reyes -- Commissioner Reyes: Yes. Chair Hardemon: --one of the things that I- it's interesting. I feel like it could potentially increase the initial cost of rental, but I'll tell you, if you don't have some affordable housing that is mandated, rents increase. It's just like -- it's almost like when a new building is built, yes. If there is an increase in cost for art, they're going to increase how much, because they want to make a certain margin. But once that first sale or once that first rent is set, everything after that is what the market will pay. Commissioner Reyes: Yes, but initial rent could be maybe a hundred dollars -- Chair Hardemon: Could be $50 -- Commissioner Reyes: -- I mean, maybe $50 more. Chair Hardemon: -- no, could be higher. You're absolutely -- that's my point. Commissioner Reyes: And that hurts. Chair Hardemon: You're right. Commissioner Reyes: You see, that goes -- I mean, increased rent, that hurts. And another concern that I have -- I mean, I like art, don't you think that I am a person that hate art. But beauty is in the eyes of the beholder, you see. And I'm concerned that here comes and they start placing certain things that are the -- I don't know, that's -- I have a little concern about this. I don't know enough about it, you see? I City of Miami Page 65 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 don't know enough about it, and if we call, you see, defer it, I would really appreciate so I can get more information about it. Commissioner Carollo: Mr. Chairman? Chair Hardemon: You're recognized. Commissioner Carollo: I could tell you that I have reservations on this, also. You know, I'm not ready to vote in favor of it today; in December, maybe, you know, but right now, I'm not in favor of voting for it today. Chair Hardemon: You won't be here December. Commissioner Carollo: That's what I'm saying. If I would -- Vice Chair Russell: He's right about December. Commissioner Carollo: -- however, I won't be here. But right now, I'm not ready to; I have reservations. You know, listen. I'll tell you, there was a lady that made a compelling argument, I thought, when she said that, you know, we want to incentivize people to actually put art; not necessarily make them or require them to. So I do -- I would like to look at this further; and obviously, I won't be here in December. Chair Hardemon: Right. Commissioner Carollo: But I'm not ready to make a -- I'm not ready to vote in favor of this today. Chair Hardemon: Well, as you know, the motion is made by the body, so I'll entertain whatever motion this body wants to hear. Commissioner Carollo: I'll make a motion to defer it to the December -- Commissioner Reyes: Second. Commissioner Carollo: -- meeting. Chair Hardemon: It's been properly moved and seconded to defer it to the December meeting. Any discussion from the board members about that motion? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion passes. Commissioner Carollo: We're still in PZ (Planning & Zoning); correct, Mr. City Clerk? Todd B. Hannon (City Clerk): We are still in the PZ agenda; yes, sir. Commissioner Carollo: Because then we will have to defer SR.2, but we're still in the PZ -- Chair Hardemon: Well, I'm about to close, because we're finished with the PZ agenda. City of Miami Page 66 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: Right. Chair Hardemon: It's finished, so I'll close the PZ agenda; be opening back the regular agenda. Mr. Hannon: Chair, just need a minute to -- Chair Hardemon: I understand Mr. Hannon: -- change the recording. PZ.8 ORDINANCE Second Reading 1288 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning and MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, Zoning PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES ABSENT: 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. ENACTMENT NUMBER: 13715 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Vice Chair Russell: PZ (Planning & Zoning) -- Where are we, Clerk? If you could help me, please? Todd B. Hannon (City Clerk): Vice Chair, we can start with PZ.4 and 5. They're companion items. Commissioner Carollo: I thought they were supposed to be deferred. Vice Chair Russell: They were deferred, I believe. Commissioner Reyes: Yeah. Commissioner Carollo: PZ.4 and 5, I thought those were deferred. Vice Chair Russell: Yes; as has PZ 6. I believe we're up to PZ. 7, art in public places. Mr. Hannon: Oh, my apologies. Yes. City of Miami Page 67 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: And PZ. 7, I think, has a companion. No? Or -- Francisco Garcia (Director, Planning & Zoning): It does, and that would be SR.2, sir. Vice Chair Russell: PZ.7 and SR.2, we can hear that now. This is the second reading? Mr. Garcia: It is, sir. Victoria Mendez (City Attorney): Yes. I'll read both titles into the record. Vice Chair Russell: Please. Ms. Mendez: And ordinance of the Miami City Commission, with attachments, amending Chapter 2, Article 11, Division 2, Section 2-892 of the Code of the City of Miami, Florida, as amended, entitled "Administration, Boards, Committees, Commissions, generally sunset review of boards" -- Mr. Hannon: Apologies. Are you reading the ordinance --? Are you reading from the regular agenda or the Planning & Zoning? Ms. Mendez: There are two companion items. Mr. Hannon: Right. Ms. Mendez: I am reading SR.2 -- Mr. Hannon: And we're on the Planning & Zoning agenda right now. Ms. Mendez: I'm reading the companion item, so I'm reading both. Mr. Hannon: Okay. We have -- Ms. Mendez: First SR.2, and then the Planning & Zoning item. Mr. Hannon: -- two separate agendas today. So right now, we're on the Planning & Zoning agenda, so we should be reading the -- PZ.7 into the record. And then once we get to discussion on the second reading ordinance, we'll need to recess the Planning & Zoning meeting to resume the regular agenda. Chair Hardemon: Right; only PZ, only PZ stuff. So right now, instead of going to PZ. 7, you have a -- you have PZ.8 and PZ. 9, right? Let's go there. PZ. 8. Francisco Garcia (Director, Planning & Zoning): Yes, sir. Briefly, by way of introduction, items PZ.8 and PZ.9 are companion items. They are respectively the land use change and the zoning change for a property at 20 Southeast 10th Street, also known as Allen Morris Park South, and the request here is to have the present zoning designation, which is T6 -48-B-0, which is also restricted commercial, with a UCBD (Urban Central Business District) overlay, revert back to the public parks and recreation or civic space zoning designation that it originally had. Our recommendation is for approval, as was the recommendation of the Planning, Zoning & Appeals Board; before you on second reading. Chair Hardemon: Madam City Attorney, can you read it into the record? City of Miami Page 68 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'll move the item. Chair Hardemon: It's been properly moved; seconded by the Chair. Is there any further discussion regarding the item? Hearing none, all in favor of the item, say aye. fl The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes PZ.9 ORDINANCE Second 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. ENACTMENT NUMBER: 13716 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. For additional minutes referencing Item PZ.9, please see Item PZ. 8. Vice Chair Russell: Just -- Victoria Mendez (City Attorney): And the companion -- oh. Vice Chair Russell: Go ahead Ms. Mendez: I'm sorry. The companion item: The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Mr. Mayor. Mayor Francis Suarez: No, go ahead and take vote right now. Vice Chair Russell: I'll move it. Chair Hardemon: It's been properly moved; seconded by the Chair. Any further discussion on PZ.9? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. City of Miami Page 69 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: All against? Motion passes. Vice Chair Russell: Now we just saved a park PZ.10 RESOLUTION 2841 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), CLOSING, VACATING, ABANDONING, AND Planning and DISCONTINUING FOR PUBLIC USE PORTIONS OF PUBLIC Zoning STREETS GENERALLY KNOWN AS NORTHEAST 1 ST AVENUE ABSENT: (NORTHEAST MIAMI PLACE) AND NORTHEAST 52ND TERRACE LOCATED WITHIN THE MIAMI JEWISH HEALTH SYSTEMS' PROPERTIES, BOUNDED ON THE EAST BY NORTHEAST 2ND AVENUE, ON THE SOUTH BY NORTHEAST 50TH TERRACE, ON THE WEST BY NORTHEAST MIAMI PLACE AND NORTH MIAMI AVENUE, AND ON THE NORTH BY NORTHEAST 53RD STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ("PROPERTIES"); FURTHER RECOMMENDING THAT SEVEN (7) EASEMENTS LOCATED WITHIN THE PROPERTIES BE VACATED; MAKING FINDINGS. ENACTMENT NUMBER: R-17-0574 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. For additional minutes referencing Item PZ.10, please see "Public Comment Period for Planning and Zoning Items. " Chair Hardemon: We are at PZ 10. Is PZ.10 -- is that an ordinance? That's a resolution. And is PZ (Planning & Zoning) -- let me see. PZ.10; PZ. 11, I'm sure, is an ordinance; PZ. 12, PZ. 13. Victoria Mendez (City Attorney): PZ. 11 is an ordinance; PZ. 12. Chair Hardemon: PZ. 12 is an ordinance and PZ 13 is an ordinance. The Chair would like to entertain a motion to approve PZ.10. Commissioner Carollo: Move it. Chair Hardemon: Been properly moved; seconded by the Chair to approve PZ.10. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Francisco Garcia (Director, Planning & Zoning): Mr. Chair? Chair Hardemon: Yes. City of Miami Page 70 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 Mr. Garcia: With your indulgence, and just to address the comment of a lady who asked a question, and I think she may have been slightly misinformed, as pertains to PZ 10, she had objected -- or expressed some reservation about the partial closure of 51st Terrace. I wanted to clarify that that is not the portion of 51st Terrace that is outside of the Miami Jewish Health Systems property, but the one that is inside; therefore, it would have no impact, whatsoever, in her ability to access -- or the neighbors' ability to access their respective homes, or circulate throughout the neighborhood. PZ.11 ORDINANCE First Reading 2842 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 62,593 SQUARE FEET OR 1.44 ACRES FROM "LOW DENSITY MULTIFAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" FOR THE REAL PROPERTIES APPROXIMATELY LOCATED AT 5265 NORTH MIAMI AVENUE, 10 NORTHEAST 53 STREET, 20 NORTHEAST 53 STREET, 32 NORTHEAST 53 STREET, 42 NORTHEAST 53 STREET, 58 NORTHEAST 53 TERRACE, 57 NORTHEAST 52 TERRACE, 43 NORTHEAST 52 TERRACE, 35 NORTHEAST 53 TERRACE, 25 NORTHEAST 52 TERRACE, 17 NORTHEAST 52 TERRACE, AND 11 NORTHEAST 52 TERRACE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Carollo, Reyes ABSENT: Gort, Russell Note for the Record. For additional minutes referencing Item PZ.11, please see "Public Comment Period for Planning and Zoning Items" and Item PZ.10. Victoria Mendez (City Attorney): Chairman, PZ. 11, 12 and 13 are companion items for -- more or less to -- Chair Hardemon: I understand Read PZ. 11 into the record, please. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Thank you very much. Each of these -- 11, 12, 13 -- have two readings; is that -- that's correct? The -- Ms. Mendez: Yes. Chair Hardemon: -- all three ordinances? Is there a motion? City of Miami Page 71 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: For --? Chair Hardemon: Its been properly moved by Commissioner -- Commissioner Carollo: No, no, hold on. Chair Hardemon: Oh. Commissioner Carollo: Motion for --? Chair Hardemon: 11. Commissioner Carollo: --just]]? Chair Hardemon: That's correct. Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded to approve PZ. IL Seeing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 72 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PZ.12 ORDINANCE First Reading 2843 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), PURSUANT TO ARTICLES 3 AND 7 OF Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), REZONING CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 20.975 ACRES (913,683,200 SQUARE FEET) FOR THE "MIAMI JEWISH HEALTH SYSTEMS SPECIAL AREA PLAN" ("SAP"), A MEDICAL CAMPUS DEVELOPMENT LOCATED AT APPROXIMATELY 5060, 5200, AND 5246 NORTHEAST 2 AVENUE; 5201 AND 5265 NORTH MIAMI AVENUE; 95,145, AND 155 NORTHEAST 50 TERRACE; 71 AND 75 NORTHEAST 51 STREET; 10, 20, 32, 42, AND 58 NORTHEAST 53 STREET; AND 11, 17, 25, 35, 36, 43, 44, 57, AND 61 NORTHEAST 52 TERRACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ("SELECTED PARCELS"); THE SAP CONSISTING OF A PHASED PROJECT DIVIDED INTO A MAXIMUM OF FOUR (4) PHASES WHICH INCLUDES APPROXIMATELY 1,497,754 SQUARE FEET OF STRUCTURES AFTER ALL PHASES OF THE SAP ARE COMPLETED AND INCLUDING: A) PHASE I: EMPATHICARE BUILDING WITH THREE-STORY GARAGE; B) PHASE II: INSTITUTE AND FIVE -STORY GARAGE; C) PHASE III: CONFERENCE AND HOTEL CENTER; AND D) PHASE IV: CYPEN TOWER CONNECTOR, WELCOME CENTER, THERAPY CENTER, THERAPY VILLAGE, VILLAGE BISTRO, CREATIVE ART CENTER, AND SUMMER GARDEN; THE SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SELECTED PARCELS AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE WILL APPLY; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT SHALL NOT EXCEED 1,497,754 SQUARE FEET OF DEVELOPMENT AND SHALL CONTAIN A MINIMUM OF 63,277 SQUARE FEET OF CIVIC SPACE AND A MINIMUM OF 461,601 SQUARE FEET OF OPEN SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Carollo, Reyes ABSENT: Russell, Gort Note for the Record. For additional minutes referencing Item PZ.12, please see "Public Comment Period for Planning and Zoning Items" and Items PZ.10 and PZ. 11. Chair Hardemon: PZ 12. Can you read it into the record? The Ordinance was read by title into the public record by the City Attorney. Citv ofMiami Page 73 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: Thankyou very much. The Chair would like to entertain a motion to approve on first reading. Commissioner Reyes: Move it. Chair Hardemon: It's been properly moved, and seconded by the Chair. Commissioner Carollo: Second; discussion though. Chair Hardemon: You're recognized, sir. Commissioner Carollo: The one thing I want to see if it's a possibility, something that I've done quite a bit, quietly, in all these projects. Listen, we hear about jobs, jobs, jobs. So I want to make sure that jobs, jobs, jobs happen in our City of Miami. Commissioner Reyes: Yes. Commissioner Carollo: So I would want to see if there could be a percentage in the process of the different phases -- let's say, for each phase -- that those jobs be from City residents, or a percentage of those jobs be from City residents. And then for the accountability part, have an independent auditing firm be able to certify the numbers, let's say bi-monthly. Iris Escarra: Right. Well, I can tell you the development agreement that's included includes our commitment to maintain -- currently, right now, we have almost 80 percent of our employees within a 10 -mile radius of the campus, and we've agreed to maintain that percentage for all the future development of the site, because one of the things that Miami Jewish Home does do is it employs a lot of people from the surrounding communities, from Little Haiti, from the Design District, so that's something that they're very happy to continue to do. Commissioner Carollo: How about during the construction phase? Ms. Escarra: I'd -- that language is not included currently on the construction. Commissioner Carollo: Right. And that's where I'm going, because that's -- Ms. Escarra: Okay. Commissioner Carollo: -- because you're going to construct and you're going, you know, create -- Ms. Escarra: Correct. Commissioner Carollo: -- new jobs. Ms. Escarra: And the construction is going to include, but it isn't on the employment of the new facility. Commissioner Carollo: Okay, understood. So can we put language in the construction phase? Ms. Escarra: We're happy to, yes. Commissioner Carollo: And then we have to work out what percentage, and I would want to make sure that we have a third party that, you know, certifies that -- City of Miami Page 74 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Ms. Escarra: Right. Commissioner Carollo: -- you're meeting those requirements. Would you be amenable to 25 percent of those construction jobs being from City residents? Ms. Escarra: Give me just one second. Commissioner Carollo: City of Miami residents. Victoria Mendez (City Attorney): And this would be amended in the development agreement, which is -- Commissioner Carollo: Exactly. Ms. Mendez: -- the next item, but they're all companions so -- Commissioner Carollo: Exactly. Chair Hardemon: You're talking on the construction side of things? Commissioner Carollo: Yes. Ms. Escarra: Exactly. Yes, we're happy to. Commissioner Carollo: Because as it stands right now, it's not there. So realistically, the jobs could come from anywhere -- Chair Hardemon: Listen. Commissioner Carollo: -- so I want to make sure they're City residents. Chair Hardemon: I know that this is first reading, right? Ms. Escarra: Yeah. Chair Hardemon: The one thing I'm assured of is that this organization has provided multiple jobs, long-term jobs, jobs that people retire from, and provides services to people every single day, right there on that campus, so I'm proud of that. You are a significant employer of the people that are from the area. I've walked through the hospital, I've walked through the residential areas, I've walked through the space that you have, and I've seen it firsthand. So I'm confident that this is going to allow you to continue doing what you already do. I think it's part of the nature of the industry and the type of people that we have here in South Florida that allows you to do that. So, you know, we thank you for that. But, certainly, there may be opportunities, because of the significant amount of construction, et cetera, that there's another population of people that you can assist with those jobs. Commissioner Carollo: Exactly. Chair Hardemon: You know the language that we like to see. Ms. Escarra: Yes. Chair Hardemon: We don't want to make it onerous on you, because I realize this is a governmental organization with, you know, definite dollars, et cetera, so we're not trying to punish anyone for not meeting certain goals. But I think that with the City of Miami Page 75 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 understanding of what we're looking for, you should find someone who is -- who's in -- Your contractor and your subs should also understand exactly what we're trying to do. I mean, we have resources throughout our districts that could help you find people to work; not going to find everyone, but we just want to ensure that -- and you know why -- that people feel like people who are local to Miami have an opportunity to work on that site. Ms. Escarra: Understood. Thank you very much. And I just checked with the president, and he said 'yes " to the 25 percent -- Commissioner Carollo: So you'll go with -- Ms. Escarra: --for the construction. Commissioner Carollo: -- for -- during the construction phase, 25 percent of the employees or the workers -- Ms. Escarra: Mm-hmm. Commissioner Carollo: -- will be City of Miami residents? Ms. Escarra: Correct. Commissioner Carollo: And -- Commissioner Reyes: Excuse me. That is going to be written in the -- Commissioner Carollo: Yes. Commissioner Reyes: -- language? Commissioner Carollo: Yes. And the reason I'm doing it now, even though I know it's first reading, is because I won't be here for second reading, so I want to make sure that it's there already for all of you to take up, because I think -- and again, it's something that, you know, I've done consistently, you know, because jobs, jobs, jobs. And then, obviously, I want some accountability behind it, so I want to make sure that, let's say, every two months, so bi-monthly, you have some -- you know -- an auditing firm, certified accounting firm to be able to, you know, certify that those numbers are correct. Ms. Escarra: And we'll include that language, as well, in the development agreement. Commissioner Carollo: Thank you. Chair Hardemon: That was the unreadiness. There was some discussion. Any further discussion? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 76 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PZ.13 ORDINANCE First Reading 2844 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT Planning PURSUANT TO CHAPTER 163, FLORIDA STATUTES, WITH THE MIAMI JEWISH HEALTH SYSTEMS, INC. RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF 20.98 ± ACRES FOR THE MIAMI JEWISH HEALTH SYSTEMS SPECIAL AREA PLAN ("MJHSAP") COMPRISED OF SELECTED PARCELS LOCATED AT APPROXIMATELY 5060, 5200, AND 5246 NORTHEAST 2 AVENUE; 5201 AND 5265 NORTH MIAMI AVENUE; 95,145, AND 155 NORTHEAST 50 TERRACE; 71 AND 75 NORTHEAST 51 STREET; 36 AND 44 NORTHEAST 52 TERRACE; 10, 20, 32, 42, AND 58 NORTHEAST 53 STREET; AND 11, 17, 25, 35, 43, 57, AND 61 NORTHEAST 52 TERRACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR AN ENCLOSED HOSPITAL CAMPUS WITH A RESEARCH INSTITUTE, HOTEL, AND MEMORY CARE FACILITY; AUTHORIZING THE FOLLOWING USES, INCLUDING BUT NOT LIMITED TO, RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING GARAGE, AND ANY OTHER USES AUTHORIZED BY THE MJHSAP AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN — FUTURE LAND USE MAP DESIGNATION, AND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING A DENSITY OF APPROXIMATELY SIXTY- FIVE (65) DWELLING UNITS PER ACRE IN SOME AREAS AND ONE HUNDRED FIFTY (150) DWELLING UNITS PER ACRE IN SOME AREAS; AUTHORIZING A BUILDING HEIGHT BETWEEN FIVE (5) AND TWELVE (12) STORIES BASED ON THE TRANSECT ZONE INCLUSIVE OF AVAILABLE BONUSES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; 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: Manolo Reyes, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Carollo, Reyes ABSENT: Gort, Russell Note for the Record. For additional minutes referencing Item PZ.13, please see "Public Comment Period for Planning and Zoning Items" and Items PZ.10 and PZ.11. Chair Hardemon: PZ 13, may you read it into the record, please? The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Thank you, Madam City Attorney, because this is actually the development agreement,- this is actually where it belongs. And -- Citv ofMiami Page 77 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 Iris Escarra: Yes. Commissioner Carollo: -- I have the one that we did for FPL (Florida Power & Light). Like I said, this isn't the first time that we've done this, but -- you understand the language. We just did it with a covenant with Ms. Escarra. She understands the language, so I don't think I really need to read any more into the record. I think you both understand, and just if that language could be provided. Ms. Escarra: We accept it, and we will submit it to the City Attorney's Office for review, and make sure it's incorporated before second reading. Commissioner Carollo: Thank you. Chair Hardemon: Sounds like she said, "State Attorney's Office. " Yeah. Ms. Escarra: No, no, no; City. Chair Hardemon: Yeah. Got it, got it. Ms. Escarra: I'm a City person. City. Chair Hardemon: She used to work for the State Attorney, too, so. Ms. Escarra: Yeah. Chair Hardemon: Is there a motion to approve? Commissioner Reyes: Move it. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded, with those amendments that were stated on the record. Any further discussion on the item? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Ms. Escarra: Thank you very much. Chair Hardemon: Thank you. City of Miami Page 78 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PZ.14 ORDINANCE First Reading 3073 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION FROM "75-0," URBAN CENTER - OPEN, TO "76-8- 0," URBAN CORE - OPEN, AND FROM "T6-12-0," URBAN CORE - OPEN, TO "T6-8-0," URBAN CORE - OPEN, FOR THE APPROXIMATELY .998 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 2850 TIGERTAIL AVENUE AND 2765 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Chair Hardemon: PZ 14. Victoria Mendez (City Attorney): An ordinance -- Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ.14 is in District 2, and I'm not certain that Commissioner Russell is on the dais. Chair Hardemon: I know he's listening, right? No, he might be listening, might come out. See, told you. Listen, I want everyone to realize that when we walk away from this dais, don't think that we're not listening to you. There are TVs (televisions) in all of our rooms that we listen to, we have on blast; just like when you're in the restroom and you can hear its talking, we're listening to you in those rooms, so that's why you see its run in and run out, so I know he was listening to you. All right, Madam, can you read it into the record, please? Vice Chair Russell: PZ (Planning & Zoning) -- Victoria Mendez (City Attorney): And ordinance of the -- PZ -- Chair Hardemon: 13 -- I'm sorry -- 14. Ms. Mendez: -- 14, PZ.14. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Any discussion or motions, or -- Vice Chair Russell: I think they're going to present something. Chair Hardemon: -- or presentation? Iris Escarra: Would you like me to make a -- City of Miami Page 79 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: I'd love a presentation, please. Ms. Escarra: Okay. Thank you very much. Iris Escarra, with offices at 333 Southeast 2nd Avenue. To walk you through, this is a rezoning that's actually -- the current site is a single platted lot that is bifurcated by its existing zoning. So this particular site right here has T6-12, which allows 20 stories, and it has a TS, which only allows five stories. What we are requesting to do is to unify the zoning for the site. In the record, we have proffered two covenants. One covenant is that this site here, the corner site at the intersection of Mary, Oak, and Tigertail shall remain a plaza. This site will be limited to 123 feet, which is equivalent to a typical podium under Miami 21, which is eight stories. The site currently is right at the rear of the Park Grove residential development, which is going in. It is proposed to be an office building of eight stories. Secondly, along Tigertail, interestingly enough, this particular piece here was kind of like an anomaly, because over here, you have the T6-12 going all the way to Tigertail; even over here, where you're allowed 20 stories next to a T3. For whatever reason here, this strip was, under Miami 21, was rezoned to have a T5, similar to across the street. So in this particular area, when this rezoning came in as part of the Miami 21, this site, which is a single platted lot, was bifurcated in zoning. So in order to develop a unified site, what we're asking to do is that the T6-12 be down -zoned to a T6-8, and that the TS be up -zoned to a T5. So it's kind of like an exchange, but at the same time, it would provide for us to be able to have a unified development on the site, and not a bifurcated transect zone line within the site. I have Ray Fort here from Arquitectonica, who can make a presentation with regards to the volumes and the massing, and the consistency with the area going from 20 stories down to eight and down to five, which is part of Miami 21's purpose and goals and principles, with regards to transitional zoning. Vice Chair Russell: I'm sorry. Do we have a quorum? We heard that we were allowed to go watch TV (television) from our offices, and they left. Commissioner Carollo: Doesn't count as a quorum. Vice Chair Russell: Doesn't count as a quorum when you can't vote. Commissioner Carollo: And I'm not the Attorney. Let's take a five-minute recess. Vice Chair Russell: Do we need to? Okay. Commissioner Carollo: Yeah. Let's take a five-minute recess. Vice Chair Russell: Is he coming back? Okay. Do you need -- Commissioner, do you need one? You want to break? Commissioner Carollo: Yeah. Let's take five minutes. Vice Chair Russell: Okay. We'll take a five-minute recess, please. Thank you. Ms. Escarra: Thank you very much. Later... Chair Hardemon: All right. 14 -- Did 14 pass, or are we on 14? We're still on 14. Vice Chair Russell: On -- yes, but one clarification before -- as everyone's gathering. On PZ.1 and 2, for the City Attorney and the Clerk, I just wanted to City of Miami Page 80 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 clam. When we said covenant reversal would need a unanimous, not unanimous of those present; unanimous of the City Commission. Ms. Mendez: Unanimous of the City Commission -- Vice Chair Russell: Of the City Commission. I just wanted to -- Ms. Mendez: Of five. Vice Chair Russell: Yes. Ms. Mendez: Five. Vice Chair Russell: Not a S/Sths of whoever is here -- Ms. Mendez: Right, right; it's five. Vice Chair Russell: Thank you. Commissioner Carollo: Five. Chair Hardemon: Well, what happens if we go to the strong Mayor system? I'm just joking. I'm listening Ms. Escarra: That concluded my presentation. We have Ray Fort here, who can do a mass -- any questions you may have with regards to the transitional zoning and the massing of the buildings; otherwise, we're here to answer any questions you may have. Vice Chair Russell: Thank you. I do have some questions. Chair Hardemon: Please. Vice Chair Russell: So as of right, on the T6-12 portion, how many floor -- what is - - I want to see what you're basically leaving on the table, because I've -- you know, a lot of Grovites are concerned that this is actually creating more -- additional density, or Brickell -- "Brickellification, " as they were calling it. But the way I see this -- and do I owe a Jennings disclosure on this, Madam City Attorney? Ms. Mendez: Have you met with --? Vice Chair Russell: I've heard from Iris and the developer, and they presented this to me many months ago; but, of course, it doesn't sway my decision. I'm hearing this de novo in this moment, and that didn't sway my decision, but I certainly was glad to hear what was going on, and what was being presented. Is that sufficient? Ms. Mendez: That's sujflcient, and I don't see any objection from anyone, so it's okay. Vice Chair Russell: Thank you. So I'd like to understand -- because I didn't at that time -- exactly how -- what you can do as of right, because I understand we're going from 12 down to eight, but five up to eight. Ms. Escarra: Right. City of Miami Page 81 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: And I don't want people just to focus on the five up to eight; that if this is making a reasonable project that can be accomplished, it's not -- well, maybe you can help me with that. Thank you. Ms. Escarra: Happy to do it. This is actually a massing of what we currently could build today. It's five stories in the front, eight -story podium in the rear, and up to 20 stories, with bonus, because the T6-12 allows 12 stories by right, and 20 with bonus. So it's similar in nature to the other towers around it with regards to the 20 stories; however, it's a lot thinner, because the site is bifurcated with the zoning. So this here is a section showing you today we could do the five stories; that we could go up to eight stories and 20 stories ultimately, in the rear. Under the T6-8, we could go eight stories, and then four more with bonus, so up to 12. And what we've proffered a covenant for is for 123 feet, which is eight stories, so we're limiting this particular site. Basically, it's almost like we're shifting some of the square footage, how we're - - but we're leaving about 20, 000 square feet that we're losing by the down -zoning in the rear. Vice Chair Russell: And that includes -- that's the net of including the up -zoning in the front? Ms. Escarra: Correct. Vice Chair Russell. So you're leaving about 20,000 square feet on the table with this? Ms. Escarra: Correct, correct, because what the program is for this building --for this site is to build an eight -story building. So what we need is the eight stories collectively, unified as one development site here, because you can't -- because of an -- the site and the one entrance, you can't fit an efficient parking garage with five stories only and eight stories in the rear, so the goal is to have an eight -story office here. Vice Chair Russell: Thank you. Mr. Garcia, why was this -- If I'm not mistaken, this application was denied by the City Administration; is that correct? Mr. Garcia: That is correct, sir, and I'll state briefly the reason. We would have preferred, actually, for the T6-8-0 zoning that exists -- or rather the T6-12 zoning that exists on the other side of 27th Avenue to have been continued for the sake of consistency. We always look for consistency, because in the end, it turns into development predictability. Barring that, the T6-8 zoning extended all the way to the Ritz Carlton would have surprised them. We pursued that. We spoke with the Ritz Carlton folks. They weren't interested at present, and they are already a fully developed site; and, certainly, we can't compel them to rezone, but we wanted to try to incorporate as much land as possible. There is nothing inherently wrong, per se, with the rezoning to T6-8-0, because it happens to be transitionally adequate between TS and T6-12, which they have. But the one last note that I want to make on the record is we would actually have a preference, again, to keep things as clear as possible, if the line that presently separates T6 -12-O from TS -O be kept continuous, and only the portion of the site that is zoned T5-0 be rezoned to T6-8-0. So what you have on the map in front of you that shows the zoning, presently they -- because of the configuration of the parcel, it straddles, as was described earlier, the zoning line. If the zoning line could be kept in place as a straight line and the T6-8-0 component be -- take over the T5-0 part, that would suffice, I think, for their interests. The covenant that they've proffered would take care of the massing of the building, as shown, as described, and we would have the continuous zoning line that we would prefer to have. I hope that was clear. I'm happy to answer questions. City of Miami Page 82 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: It sounds like you're just being crenulation averse, once again, if I might say. Mr. Garcia: All -- and certainly not my intent, but if I can summarize by saying could we please keep the zoning line straight? I would appreciate that. Vice Chair Russell: I had to look up "crenulation" earlier this evening after you mentioned it, and I realized it has to do with zig-zagging lines. Mr. Garcia: I am crenulation averse, yes. Vice Chair Russell: You are crenulation averse. Yes. And so, apparently, the denial was based on actually the request for the down -zoning portion. So the Administration was happy with leaving it as 12; perhaps with a covenant, but not necessarily based on the project itself. Could you tell me about the -- within the covenant, there's an open space or a -- Ms. Escarra: It is two covenants. Vice Chair Russell: -- community space, or something like that? Ms. Escarra: This entire space here is going to remain a plaza. The office building is only going on this lot right here, which is an existing office building today. There's a two-story existing office building, with parking on the ground floor. So the office is coming here, and this will remain an open plaza, which we will activate with a (UNINTELLIGIBLE) restaurant that's coming in at Park Road Tower 3 that could open up into there, as well as this, so it'll be an activated plaza right at this real nice intersection in the Grove. Vice Chair Russell: When you say, 'plaza, " is that -- is it -- it's paved or it's green space? Ms. Escarra: Paved. Vice Chair Russell: It's paved. And would that be a -- like an open-air portion for the restaurant, like a sidewalk cafe type of thing; is that the concept or --? Ms. Escarra: We could -- yeah. We could have some outdoor seating area out there, yes. Vice Chair Russell: It's meant to be an open area for -- Ms. Escarra: It's a -- it's meant to be open. Vice Chair Russell: -- opening into the restaurant, almost like an outdoor lobby for the area; is that right? Ms. Escarra: There's also a mix of green, as Ray suggested. It's not just -- Vice Chair Russell: It'd be landscaped? Unidentified Speaker: (UNINTELLIGIBLE). Vice Chair Russell: Right. Ms. Escarra: Correct. City of Miami Page 83 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Unidentified Speaker: (UNINTELLIGIBLE). Ms. Escarra: And it -- the covenant provides for no permanent structures to be built there. So if we put some tables out, they have to come back in, and stuff like that. Vice Chair Russell: I understand. Does anyone have any other questions for --? Then I'll -- unless there's a motion. Is there a motion on the floor? Todd B. Hannon (City Clerk): No, sir. Commissioner Reyes: I'll make a motion. Vice Chair Russell: I don't mind, either way. You've moved it? Commissioner Reyes: So move. Vice Chair Russell: It's been moved by Commissioner Reyes. Commissioner Carollo: Second. Vice Chair Russell: Seconded by Commissioner Carollo. Barnaby Min (Deputy City Attorney): I'm sorry. The motion is to --? Vice Chair Russell: To -- Commissioner Reyes: Approve. Vice Chair Russell: -- approve the application. Mr. Min: The entire application, or approving part, denying part? Vice Chair Russell: No. Entire. Commissioner Reyes: The entire. Vice Chair Russell: Because I -- and the reason, I'll tell you why. I don't -- If they're willing to down -zone and proffer a covenant, I don't see any difference of what that accomplishes than leaving it at T6-12 and proffering a covenant, but a -- I think the message is better. It's showing we're trying to find an average of the T6-8 versus leaving it at 12 and up -zoning from five to eight. I think it tells the story a little bit better, which, hopefully, will help with the community buy -in of the concept that it's not a straight up -zoning; that we're looking at an -- there's an averaging out from what's done as of right, and that there's 20,000 square foot left on the table that's not going to be developed. And I think -- Ms. Escarra: Correct. Vice Chair Russell: -- Grovites would recognize that that's a plus for the community if they're concerned about over -development and too much density in the area, so. Commissioner Reyes: I do agree with Commissioner Russell. He's -- Vice Chair Russell: Thank you. Commissioner Reyes: -- right. City of Miami Page 84 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Vice Chair Russell: So there's been a motion and a second, Mr. Chairman. Chair Hardemon: Any further discussion? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? The motion passes. PZ.15 ORDINANCE First Reading 3076 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Department of AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Planning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 1.096 ACRES OF REAL PROPERTIES AT APPROXIMATELY 2222 AND 2260 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. For additional minutes referencing Item PZ.15, please see "Public Comment Period for Regular Items" on the November 16, 2017 Regular Commission Meeting Agenda. Chair Hardemon: PZ.15 and 16 I know affect Commissioner Gort's district. I'm assuming that it's on there because he has no objection to its hearing it? Francisco Garcia (Director, Planning & Zoning): That is correct. Thank you for asking, sir. And furthermore, he actually asked that we read -- Chair Hardemon: One second. Todd B. Hannon (City Clerk): Mr. City Attorney, did we read the title for PZ. 14? I just want to make sure. Chair Hardemon: Did you read the title? Mr. Hannon: Yes, we did. I see in my records, yes. Chair Hardemon: Okay. Mr. Hannon: Thank you. City of Miami Page 85 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 Mr. Garcia: My apologies. In response to your question, Mr. Chair, I wanted to read a statement left behind by Commissioner Gort in support of moving forward, and also in support of the project. It says as follows: "Commissioner Gort will be out of town on November the 16. Commissioner Gort has no objection to the City Commission hearing this item in his absence. He supports staff recommendations. " This message was received from Frank Castaneda, his chief of staff. Chair Hardemon: That guy right there. Frank Castaneda (Chief of Staff, Office of Commissioner Wifredo "Willy" Gort): I'm here. That's okay. Chair Hardemon: Can you read it into the record? Barnaby Min (Deputy City Attorney): Yes, sir. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: Is there a motion to approve? Commissioner Reyes: Yeah. Commissioner Carollo: Second. Chair Hardemon: So moved and seconded Seeing no further discussion, all in favor of the item say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PZ.16 ORDINANCE First Reading 3077 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Department of NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION FROM 73-0," SUB -URBAN TRANSECT ZONE - OPEN, TO 74-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2222 AND 2260 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort City of Miami Page 86 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Note for the Record. For minutes referencing Item PZ.16, please see Item PZ.I5; further, "Public Comment Period for Regular Items" on the November 16, 2017 Regular Commission Meeting Agenda. Chair Hardemon: Please read PZ. 16 into the record. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: Is there a motion to approve? Commissioner Carollo: Move it. Chair Hardemon: Properly moved, and seconded by the Chair. Any further discussion on the item? Hearing none, all in favor of the item say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Carlos Lago: Thank you, Mr. Chair, Commissioners. Good evening. PZ.17 ORDINANCE First Reading 3111 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING 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 DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE REAL PROPERTIES LOCATED AT APPROXIMATELY 2810, 2814, 2816, AND 2818 SOUTHWEST 37 AVENUE AND 3700 SOUTHWEST 28 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Reyes ABSENT: Gort, Carollo Note for the Record. Item PZ.17 was deferred to the January 25, 2018, Planning and Zoning Commission Meeting. Note for the Record. For additional minutes referencing Item PZ.17, please see "Public Comment Period for Planning and Zoning Items" and Item PZ.19. Todd B. Hannon (City Clerk): Chair, we're ready to go. City of Miami Page 87 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: All right. So at this time, I'll open the floor for public comment. If you're a member of the public and you're here to speak on any of the Planning & Zoning items that are your PZ (Planning & Zoning) items for the rest of the evening, this is your opportunity to speak on those items. So I'm not asking for people who are applicants or apart of any application or appeal, or anything of that nature to necessarily come. I'm asking for those who are here from the public that want to give their opinion about any of the applications or any item that is on the PZ agenda. So at this time, I'm going to ask that you come before us, state your first name, your last name; you may state your address, and what item it is that you're here to speak about. You're recognized, Vice Chair. Vice Chair Russell: Mr. Chairman, prior to public comment, I had forgotten one item -- two items, actually -- that I'd asked to be deferred until January; that's PZ. 17 and PZ. 18, and it's a change of zoning on Douglas Road. Chair Hardemon: I'll take that as a motion to -- Vice Chair Russell: Yes, please. Chair Hardemon: -- continue? Vice Chair Russell: No; defer until January -- the Planning & Zoning agenda of January. Mr. Hannon: January 25, 2018. Vice Chair Russell: Thank you. Chair Hardemon: 17 and 18? Vice Chair Russell: Yes; PZ. 17, PZ. 18. Chair Hardemon: The Chair seconds that motion. Any unreadiness? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: That motion passes. So PZ. 17 and 18 has been continued. If you're any -- if anyone is here to hear that out. City of Miami Page 88 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PZ.18 ORDINANCE First Reading 3112 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY Planning and CHANGING THE ZONING CLASSIFICATION FROM 74-L TRANSECT AYES: ZONE," GENERAL URBAN TRANSECT -LIMITED, TO 75-0Zoning NAYS: TRANSECT ZONE," URBAN CENTER TRANSECT -OPEN, FOR THE ABSENT: PROPERTIES LOCATED AT 3700 SOUTHWEST 28 STREET AND 2810, 2814, 2816, AND 2818 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Reyes ABSENT: Gort, Carollo Note for the Record. Item PZ.18 was deferred to the January 25, 2018, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.18, please see "Public Comment Period for Planning and Zoning Items" and Items PZ.17 and PZ.19. PZ.19 ORDINANCE First Reading 3144 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI AYES: COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL NAYS: SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION ABSENT: 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF APPROXIMATELY .85 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 704 SOUTHWEST 7 AVENUE AND 712, 716, 720, AND 734 SOUTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo NAYS: Reyes ABSENT: Gort Note for the Record. For additional minutes referencing Item PZ.19, please see "Public Comment Period for Planning and Zoning Items. " Citv ofMiami Page 89 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: Can you please read PZ. 19 into the record? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: Okay. Well, PZ. 19 was read into the record. I meant to say PZ (Planning & Zoning) -- I do have PZ. 19. We deferred PZ. 17 and 18. That's what you don't have in your record? Didn't we defer PZ. 17 and 18? Commissioner Reyes: 17 was deferred. 18 was deferred. Chair Hardemon: 18, deferred. So I am correct. PZ.19. Commissioner Carollo: Yeah. We're on 19. Commissioner Reyes: We're on 19, okay. Commissioner Carollo: Go ahead. Melissa Tapanes-Llahues: Are you going to read in 20, as well? Chair Hardemon: No. We're going to read 19. We only read one at a time. Ms. Tapanes-Llahues: Good evening. Melissa Tapanes-Llahues, with the law firm of Bercow Radell Fernandez and Larkin, at 200 South Biscayne Boulevard, Miami. I'm here this evening representing Seminole One Associates, LLC (Limited Liability Company), Miami Automotive Retail; and their principal, Mario Murgado. The subject property is 37,500 square feet, located at the south side of 7th Street, between 7th and 8th Avenues. I have an aerial photograph before you. Consistent with the Planning, Zoning & Appeals Board recommendation, we respectfully request your approval of a land use plan amendment from medium density residential to restricted commercial, and a rezoning from T5-0 to T6-8-0. Your approval of this application is a first step in allowing the applicant to design a state- of-the-art enclosed vertical automotive dealership, fronting Calle Ocho, that is consistent with Miami 21's vision to create skilled jobs in close proximity to transit corridors and workforce housing. The goals of this application is simply to create a unified 1.5 -acre assemblage to allow for Brickell Motors to go through the design process, which will include a warrant, and most likely, an exception. Everyone is familiar with the Southwest 7th Street and Southwest 8th Street corridors. Mario Murgado is a pioneer in the revitalization of Little Havana. Since opening his first dealership on Southwest 8th Street in 2001, he envisioned a Calle Ocho where highly skilled employees would work with pride at good paying jobs, like the ones offered at Brickell Motors, and provide for their families, in close proximity to their homes. To that end, he's assembled this 1.5 -acre assemblage one piece at a time over several years, with the intent of propelling Brickell Motors into the 21st Century. As you know, Southwest 7th and 8th Street is a commercial quadrant. This is the site before you. You see the property in red and what is commercial surrounding it within the two block of corridors. You can see that Brickell Motors -- If you go by Southwest 7th and 8th Street, it has several properties, and you'll notice that this corridor is heavily commercial. The applicant is seeking a land use request in order to make the site one land use category, restricted commercial, and is asking for the zoning to be changed from T5-0 to T6-8-0 so that it matches the rest of the assemblage and is consistent with the surrounding area. Commissioner Carollo: Ms. Tapanes, hold on. City of Miami Page 90 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Ms. Tapanes-Llahues: Yes. Commissioner Carollo: Mr. Garcia, is this similar to earlier today, PZ.21 and PZ.22, where you're recommending now, not because you don't believe in this project, but you want to have it more of a whole corridor or --? Could you --? Francisco Garcia (Director, Planning & Zoning): Yes. Thank you for the question. And it is also essentially identical to the conversation we were having a moment ago, regarding the parcel on Tigertail Avenue. And as Vice Chair Russell stated, this is another instance of us being crenulation averse; meaning that we prefer straight lines. And the reasons, as you know, are captured in our Comprehensive Plan in our Zoning Ordinance. However, in this particular case, what I will say is that, as the applicant pointed out, there are other instances, legacies from the previous Zoning Ordinance that have that same crenulation, or up or down, so it is more warranted here than elsewhere in the City. And in addition to that, we are presently under direction from this City Commission to study the entire 7th Street corridor, Southwest 7th Street corridor to look at a possibility of realigning the zoning designations. It is a major arterial; and so, we are studying that. That said, there is no reason why this site should be singled out, if kept at T5-0. However, because the application is on a case-by-case basis, it didn't comply with the continuity requirement. Commissioner Carollo: Exactly, and that was my point. So in other words, we're going to continue with the study, but let's not penalize this company individual, you know, and let -- make them waste time, because we're waiting on the other -- Mr. Garcia: The City. (UNINTELLIGIBLE), sir. Commissioner Carollo: So with that, I make a motion to approve. Commissioner Reyes: Well, second. But I have a question. Are there any -- all those buildings, they are commercial? The whole section is commercial, what you want to do? There -- is there any residents staying in there? It isn't. Ms. Tapanes-Llahues: The property itself has vacant land, but it is zoned to allow both residential and commercial. Commissioner Reyes: But actually, is there any residences there? Ms. Tapanes-Llahues: There are a couple that have not been demolished, correct. Yes. Commissioner Reyes: They are being demolished -- Ms. Tapanes-Llahues: Yes. Commissioner Reyes: -- because it was acquired by -- So some people will be displaced from that area, right? Ms. Tapanes-Llahues: They've already been displaced. Commissioner Reyes: They already been displaced. Ms. Tapanes-Llahues: Correct. Commissioner Reyes: You see, what I don't want to start and what I'm afraid is -- You see, I grew up in that area, and I -- and what I'm afraid is that if we start making City of Miami Page 91 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 all 7th Street commercial, you see, the south side of 7th Street also commercial, you see, we are going to go all the way until 27th Avenue, and then they're going to be other requests, other and another -- other requests. So my fear here is that we start in this parcel over here and start displacing people that it's going to continue all the way to 27th Avenue; all the way to West -- where I live. I live on 7th Street and 23rd Avenue. You see, that is my fear. We don't want to start that and set the precedent that other developers are going to come and start -- keep on displacing people, buying the homes and then coming to us in order to change the zoning then for commercial. You see, that is my fear, and I don't know how we're going to address that, but I'm afraid of that, you see. Commissioner Carollo: Mr. Chairman? Chair Hardemon: Please. Commissioner Carollo: Yeah. Very good point, Commissioner Reyes. As you could see, most of it, it's already has that block up to 7th Street, so we're actually -- and I'm seeing the actual picture here on your screen. Commissioner Reyes: Yes. Commissioner Carollo: So if you could see, all the green surrounding, it's already commercial. So what they want to do is fill in the box. However, what the Planning director is saying is that we should continue filling up the box completely, and that's why they're doing the study. But right now, it is commercial all the way around so it's like a -- Commissioner Reyes: He wants to fill the block -- Commissioner Carollo: Yes, sir. Commissioner Reyes: --going east and everything will be commercial? Commissioner Carollo: Well, that's what the study is for. Commissioner Reyes: Well that's -- Ms. Tapanes-Llahues: If I may? Commissioner Reyes: -- very dangerous. Ms. Tapanes-Llahues: If I may? T5-0 is commercial -- Commissioner Reyes: Okay. Ms. Tapanes-Llahues: -- as is T6-8. They both allow -- they're mixed uses and -- Commissioner Reyes: Yes, they're mixed uses along there. Ms. Tapanes-Llahues: -- these are commercial corridors. I grew up in this area, as well, and between 7th and 8th Street, I mean, 7th and 8th Street work together as one-way streets. So what ends up happening is what's in between becomes something that becomes less and less effective for residential, because people are using the actual avenues as commercial traffic going back and forth. So what I envisioned -- and I -- the Planning director can speak for himself, as well -- is for areas that are north of 7th Street -- and that's where there is a residential component -- but that corridor between 7th and 8th Street, it's a highly traveled -- City of Miami Page 92 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Reyes: I do not -- Ms. Tapanes-Llahues: -- transit -oriented development with three trolley systems -- Commissioner Reyes: -- I travel by that all the time, all the time. But I still am afraid that if we keep on doing it and we going to have a lot of requests to start building commercial and building on eight stories or seven stories, and I'm afraid of that. You agree with that? I -- Commissioner Carollo: What? So I just want to point out one thing, and it's on the screen. Commissioner Reyes: Yes, sir. Commissioner Carollo: Right now, this is what it is. Commissioner Reyes: Yes. Commissioner Carollo: And they want to fill this in. Commissioner Reyes: They want to fill all of this in. Yes or no? Commissioner Carollo: Now, the bigger question is, and I think to your point, is will you continue west? Commissioner Reyes: That's right. Commissioner Carollo: And that's what the study is for. Commissioner Reyes: Okay. Commissioner Carollo: And that's what the study is for -- Commissioner Reyes: Okay. Commissioner Carollo: --so. Chair Hardemon: Any further discussion? Seeing none, all in favor of the motion, say "aye. it Vice Chair Russell: Aye. Commissioner Carollo: Aye. Chair Hardemon: All against? Motion passes. Ms. Tapanes-Llahues: Thank you. City of Miami Page 93 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PZ.20 ORDINANCE First Reading 3145 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION FROM 75-0," URBAN CENTER -OPEN, TO 76-8- 0," URBAN CORE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 704 SOUTHWEST 7 AVENUE AND 712, 716, 720, AND 734 SOUTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo NAYS: Reyes ABSENT: Gort Note for the Record. For additional minutes referencing Item PZ.20, please see "Public Comment Period for Planning and Zoning Items. " Chair Hardemon: PZ 20, please read into the record, Madam. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Move it. Chair Hardemon: Been properly moved; seconded by the Chair. Any further discussion on PZ.20? Hearing none, all in favor of the item, say "aye. " Vice Chair Russell: Aye. Commissioner Carollo: Aye. Melissa Tapanes-Llahues: Thankyou. Chair Hardemon: Motion passes. City of Miami Page 94 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PZ.21 ORDINANCE First Reading 3147 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Planning COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF APPROXIMATELY 1.377 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. For additional minutes referencing Item PZ.21, please see "Order of the Day," "Public Comment Period for Planning and Zoning Items," and Item PZ. 19. Chair Hardemon: Madam City Attorney, can you read into the record PZ.21; the title, please? Victoria Mendez (City Attorney): Thank you, Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Mr. Garcia, do you have any comments that you'd like to make, based off of your -- the recommendation that came from your body? Francisco Garcia (Director, Planning & Zoning): I would -- yes, a couple of comments. We certainly met extensively with the applicants, and we understand that the opportunity for redevelopment of the project is certainly worth considering. And I would also like to stipulate that our recommendation for denial, at least on the administrative side, through staff review, is based largely on the fact that they have not amassed the entire block, and therefore, as a result of some parcels they do not own, there would be a crenulation, or some gaps in the rezoning. What we'd like to do is possibly accept direction from the Commission to attempt to fill those gaps by submitting them to the proper rezoning, or otherwise look more comprehensively at the entire area to once again reconcile the zoning that they are seeking with the zoning that exists right now. That being said -- and I'll close with this -- we think, again, the proposal is certainly worth considering, and depending on your action today, we will take administrative recourse to heal the gaps that exist. I'd also like to introduce into the record the fact that the Planning, Zoning & Appeals Board was persuaded that the project was worth supporting, and they recommended approval by a vote, I believe, of 9-1. City of Miami Page 95 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: Mr. Chairman? Chair Hardemon: You're recognized, please. Commissioner Carollo: So I want to understand -- I want to see if I understand this correctly, Mr. Garcia. You're saying that the only reason that you did not -- or the Planning Department did not rule to be in favor is because it should be more of a comprehensive plan, but when we tried the comprehensive plan, you saw that we went back, and we said that, "Okay, we'll take each property on an individual basis. " And on an individual basis, you actually agree with it; however, you think it should be in a comprehensive plan. So to a certain degree, I mean, we're doing exactly what we stated we would do, once we didn't go forward with the comprehensive plan. And I just --I mean, I feel that we shouldn't penalize them because we couldn't get a comprehensive plan passed. Mr. Garcia: Right. And thank you for the opportunity to clarify. We originally -- A couple of years back, we took more of a macro approach to the area in general, and that, as you put forth, did not move forward. There is sort of an interim stage between the macro level that we looked at and the micro level at the -- basically, application level that they are proposing. What we'd like to do is basically heal the gaps that will result from this rezoning, if it is approved, on a parcel -by -parcel basis. And that, we think we can do administratively, and bring back to the Commission. Chair Hardemon: Commissioner -- Commissioner Carollo: Mr. Chairman? Chair Hardemon: -- do -- after you clarify, you have a motion? Commissioner Carollo: Yes. After I clarify, I will make a motion. I agree with you - - I agree with part of what you're saying, Mr. Garcia. I think that you should do that; however, it should be done in the future. But in the meantime, we shouldn't penalize this group that has come before us, because you're even -- in essence, if it would have included the other properties, be in favor of it. Mr. Garcia: That is correct. Commissioner Carollo: So I agree with what you're saying. I'm saying, okay, let's do it bi fold. Let's approve this, and then we go -- we continue with the rest. But let's not hold them up for the rest. You understand what I'm saying? Mr. Garcia: I do; and I don't disagree, sir. Commissioner Carollo: I will make a motion, then, to approve. Chair Hardemon: It's been properly moved; seconded by the Chair to approve item PZ.21. Is there any discussion regarding this from this board? Seeing none, all in favor of that motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 96 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PZ.22 ORDINANCE First Reading 3148 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION FROM 74-R," GENERAL URBAN TRANSECT - RESTRICTED, TO 75-0," URBAN CENTER TRANSECT -OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE AND BY CHANGING THE ZONING CLASSIFICATION FROM 76-8-0," URBAN CORE TRANSECT -OPEN TO 76-12-0," URBAN CORE TRANSECT -OPEN, FOR THE PROPERTIES LOCATED AT 36 AND 40 NORTHWEST 8 AVENUE, MIAMI, FLORIDA; FURTHER WAIVER THE 18 -MONTH LIMITATION FOR REZONINGS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. For additional minutes referencing Item PZ.22, please see "Order of the Day" and Item PZ. 19. Chair Hardemon: Madam City Attorney, can you read into the record PZ. 22? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion on this item? Commissioner Carollo: Yes. I move the motion -- I mean I move the item. Chair Hardemon: It's been properly moved; seconded by the Chair to approve PZ.22. Is there any further discussion from the board? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Unidentified Speaker: Thankyou, Commissioner. We -- Chair Hardemon: Thank you very much. Unidentified Speaker: -- really appreciate it. City of Miami Page 97 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 PZ.23 ORDINANCE First Reading 3074 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Planning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION" OF 0.19 ± ACRES OF REAL PROPERTY LOCATED APPROXIMATELY AT 1301 SOUTHWEST 21 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. For additional minutes referencing Item PZ.23, please see "Public Comment Period for Planning and Zoning Items. " Chair Hardemon: Call PZ 23. Read it into the record. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is anyone from -- is the applicant here? Francisco Garcia (Director, Planning & Zoning): We are the applicant, sir. Chair Hardemon: Okay. Mr. Garcia: This is a City application. Chair Hardemon: I'm looking at the wrong number, that's why. I'm looking at Carlos Lago, PZ. 1 S. I didn't flip the page. You're recognized. Mr. Garcia: And so, very briefly, sir, this is to take what is -- or has been a single- family residential lot at 1301 Southwest 21st Avenue and turn it into a mini park or a neighborhood park. It is before you on first reading, and it has been recommended favorably by all the lower boards. Vice Chair Russell: I'll move it. Chair Hardemon: Properly moved. Commissioner Carollo: Second. Chair Hardemon: Seconded by Commissioner Carollo. Any discussion? Hearing none, all in favor of the item, say "aye. " City of Miami Page 98 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PZ.24 ORDINANCE First Reading 3075 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Department of NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION FROM 73-R," SUB -URBAN TRANSECT - RESTRICTED, TO "CS," CIVIC SPACE ZONE, FOR THE PROPERTY LOCATED AT 1301 SOUTHWEST 21 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Chair Hardemon: PZ 24. Please read it into the record. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'll move it. Chair Hardemon: It's been properly moved -- Commissioner Carollo: I'll second it. Chair Hardemon: -- and seconded Any further discussion? Hearing none, all in favor of the motion say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 99 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PZ.25 ORDINANCE First Reading 3003 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING "PARKING AYES: ARTICLE 5, SECTION 5.5.4, ENTITLED STANDARDS ABSENT: (T5)," TO ALLOW FOR PARKING IN THE SECOND LAYER ABOVE THE FIRST STORY BY WAIVER IN A T5 TRANSECT ZONE, AND BY AMENDING ARTICLE 7, SECTION 7.1.2.5, ENTITLED "WAIVER," TO LIST THE NEW WAIVER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Carollo, Reyes ABSENT: Russell, Gort Mayor Francis Suarez: Thank you, Mr. Chair. I'd like to be recognized on PZ.25. PZ.25 has to do with T5s, an amendment for T5s. The T5 zoning classification has not really created the kind of development that it was intended for, and this is, in part, a fix of that. The Planning director had asked me when I was a Commissioner to sponsor this item so that it could get beyond the 60 -day notice period, and I agreed to do that. It was recommended for approval by the Planning Department, and it was recommended for approval unanimously by the Planning & Zoning Appeals Board, 11-0. So I'd just like him to explain it, because it is technical in nature, but I would request the support of the Commission on this item. Chair Hardemon: Madam City Attorney, can you read into the record PZ.25? Victoria Mendez (City Attorney): PZ.25. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Mr. Garcia, can you give us a little context, please? Francisco Garcia (Director, Planning & Zoning): Happy to, sir. I'll say briefly this: As the Mayor stated, there are some areas that are zoned T5 that are having difficulty in developing, because the floor plate for the parking garages is rather restrictive. Presently, there are prohibitions against having the parking encroach into what we call the second layer, which is essentially the first 20 feet that front the street of the building. Because some of those T5 -zoned parcels are rather narrow -- or shallow, I should say -- the parking floor plate then extends, and cannot be as sufficient as having it on one story or two stories. It sometimes extends over to the third story, and at that point in time, the project becomes unfeasible. What this allows the applicant to do is to have parking in the first 20 feet of the building, but also requires the architect to design a fagade that masks the parking; and so, we think it's a good amendment. We recommend approval. Chair Hardemon: Is there any discussion on PZ.25? Is there a motion to approve PZ.25? Commissioner Carollo: Move it. City of Miami Page 100 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Chair Hardemon: It's been properly moved; seconded by Commissioner Reyes. Any further discussion? Any unreadiness? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? The motion passes. Mayor Suarez: Thank you, Mr. Chair. PZ.26 ORDINANCE First Reading 3108 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY "DEFINITIONS Hardemon, Russell, Carollo, Reyes AMENDING ARTICLE 1, SECTION 1.2, ENTITLED OF Gort TERMS," ARTICLE 4, TABLE 4, ENTITLED "DENSITY, INTENSITY AND PARKING," AND ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS," TO ESTABLISH THE MINIMUM SIZE FOR MICRO DWELLING UNITS WITHIN TRANSIT -ORIENTED DEVELOPMENT AREAS OF THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record: For additional minutes referencing Item PZ.26, please see "Order of the Day. " Mayor Francis Suarez: The next item is PZ.26, and PZ.26 is an item that I think is near and dear to all of our hearts, which is continuing on the trend of creating more affordable housing in our community, and housing that will reduce the cost of housing in our community. And what it does is it establishes for micro units, and it establishes new parking requirements, depending on the "T" zone, whether it's a T5, T6, or 150 -unit -per -acre zone, or 1, 000 -unit -per -acre zone. It creates a different set of standards and requirements. I don't have to tell you -- I don't have to tell this Commission how important it is for us to continue to be progressive when it comes to legislation to promote units that can reduce the cost of rental units in our City. It's a crisis at all levels. It's a crisis for affordable housing; it's a crisis for extremely low- income housing; it's a crisis for workforce housing; and, to be frank, it's also a crisis for millennial housing, and maintaining our students and our children having a place where they can afford to live close to their parents. This also has protections for T3 areas so that it does not infringe on single-family residential homes, many of which are in my former district, or where I currently live, but also in your district and in all the districts in the City of Miami. And I know that the residential communities and the homeowner association communities are always making sure that any kind of TOD, transit -oriented development type legislation protects abutting single-family residential homes, and this legislation does that. So I would indulge your support on PZ.26, as well. City of Miami Page 101 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Carollo: Move it. Chair Hardemon: Madam City Attorney, can you read it into the record? The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: I have a question. Chair Hardemon: You're recognized. Commissioner Reyes: Mr. Mayor, could you please define "micro"? How big is micro unit? Mayor Suarez: Yes. I'll have the Planning director do that. I can define it, but I want to make sure I get it right. Francisco Garcia (Director, Planning & Zoning): Absolutely. And there are probably two technical definitions that would satisfy your question. Number one: It is a minimum of 275 square feet; that is a minimum; certainly can be a little bit larger. And the range then would be from 275 to 400, because 400 is the present floor, right? And -- but the other, of course, is that it has to have a kitchen and a restroom, and a living space. And the reason I emphasize that is I don't want there to be any misunderstanding that it could be confused with a lodging unit. It is not that; it is a dwelling unit. Commissioner Reyes: Didn't they try this in Japan? Chair Hardemon: They use cages in some countries. Commissioner Reyes: They did try it in Japan, you see? Mayor Suarez: It may -- Commissioner Reyes: I know (UNINTELLIGIBLE) worked. Mayor Suarez: -- and Mr. Chair, if I may? Commissioner, one of the things that always -- I always admired in you, sir, was that you're an economist, and you understand very well supply and demand. And so, when we increase the supply, we reduce the price per square foot. And I think the objective here is making sure that we can make units available to the public at the least expensive amount. If land costs are fixed, which we know they are, and we know they're rising constantly, we want to give developer and development community flexibility, so they can build product that better serves the needs of our community. Right now, they're limited. They can't build a product like this; and therefore, they will build to the best -- highest and best uses you can -- as you know -- to get a maximum return on investment. So I'm not trying to teach an economics course. Commissioner Reyes: No, no, I know you're not. Mayor Suarez: But I think these -- all these -- Commissioner Reyes: That is fine. What --I wonder if we have the demand for such small units. Chair Hardemon: I think so -- City of Miami Page 102 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Commissioner Reyes: That's my wonder. Chair Hardemon: -- especially in downtown corridors. Vice Chairman? Vice Chair Russell: Mr. Chairman -- and thank you, Mr. Mayor. I would be honored to co-sponsor this with you. Mayor Suarez: Absolutely. Vice Chair Russell: I thought of this for a while. And really, I do believe in the market in this sense: There is a point where someone say, "I don't want to buy a unit that small, " and a developer won't build it. Mayor Suarez: Right. Vice Chair Russell: But if somebody does want to buy it and that makes it more affordable, all the better. Mayor Suarez: Right. Vice Chair Russell: However, there is a concern that this starts driving up the per - foot cost in general in the City. And if a small unit in a market rate area suddenly starts going for quite a high price, because they make a small unit, but they deck it to the nines -- Mayor Suarez: Right. Vice Chair Russell: -- with amenities, and then they start charging a really high rate that that starts pushing everything up. And so, there's a little concern there on that. I'd like to see somehow -- and it doesn't have to be incorporated into this legislation -- but that we're incentivizing affordability within these micro units. I think there's going to be an inherent affordability, depending on where it's built, but I think the more we can encourage it across the board, it'll try to level the playing field so it doesn't create a run -away inflation on the per -square foot price. Mayor Suarez: Mr. Chair, if I may? I think that's a very valid concern. This is an ordinance, so I believe it requires two readings. Thank you for co -sponsoring it; I appreciate that. And I'd be more than happy to sit with you -- finally, I'm going to have an opportunity now to sit with you -- and work on it to make sure, as you said, that this doesn't just push up the per -square -foot unit price, whether -- either on rental or sales to a point where it actually, you know, creates the opposite effect. Chair Hardemon: Vice Chair -- Commissioner Reyes: I'm satisfied, and the price (UNINTELLIGIBLE) -- Chair Hardemon: -- Mr. Vice Chairman, I -- when I meet with developers and we talk about micro units, the first thing they talk about is affordability of them. But the second thing I talk about is sometimes, wherever you are with real estate -- for instance, if you're in New York, Times Square -- I don't care how small that unit is, it's going to cost you a lot of money, an awful lot of money. And so, I agree with you that there's some people who want to live in certain places, and they'll pay top dollar to be there, and it may be cheaper for them to have a smaller unit, but it's still quite a lot of money when you're considering trying to buy into that area. But, certainly, I mean, there are a number of people --young professionals, especially -- who want to live in our urban cores -- City of Miami Page 103 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 Mayor Suarez: Absolutely. Chair Hardemon: -- in the downtown areas, and they are willing, because they're used to living in smaller places. Mayor Suarez: Absolutely. Chair Hardemon: And they're -- I've been in units in New York City, where the units are very small, they're tall, and they make the ultimate use of space. We, as people, become very creative when we're limited in our space. So I support it in that sense. But I do want to know something that -- Mr. Garcia, what areas or what categories of housing or residential areas, ifyou will, would not allow micro units? Commissioner Reyes: That was going to be my question. Mr. Garcia: Thank you, sir. What we've done is we started by promoting this particular type of unit in the transportation -oriented development areas. It is also of great concern to us that this does not create a disproportionate amount of additional parking. And so, we thought that those areas that are best served by public transportation would benefit from these. So there are two requirements, to address your question, specifically: One: That the property be within a transportation - oriented development area -- and those are mapped out in the zoning atlas. And two: That they be zoned either T5 or T6, which are the higher density, higher intensity zoning designations; with an additional prohibition that they should take place abutting T3 -- Mayor Suarez: Right. Mr. Garcia: --because those are protected areas. Chair Hardemon: Okay. Any further questions? Vice Chair Russell: I'd like to move the item and -- Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Any further discussion on the item? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mayor Suarez: Thank you. Thank you, Mr. Vice Chair. I look forward to working with you on it. Thank you. Chair Hardemon: Thank you. City of Miami Page 104 Printed on 1/4/2018 City Commission Meeting Minutes November 16, 2017 PZ.27 ORDINANCE First Reading 3109 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY "DEFINITIONS AYES: AMENDING ARTICLE 1, SECTION 1.2 ENTITLED OF ABSENT: TERMS," ARTICLE 3, SECTION 3.6, ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS," ARTICLE 3, SECTION 3.14, ENTITLED "PUBLIC BENEFITS PROGRAM," ARTICLE 4, TABLE 4, ENTITLED "DENSITY, INTENSITY, AND PARKING," AND ARTICLE 4, TABLE 7, ENTITLED "CIVIC SPACE TYPES," TO PROVIDE FOR FUTURE OPPORTUNITIES FOR ENHANCEMENTS TO THE UNDERLINE CORRIDOR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Gort Note for the Record. Item PZ.27 was continued to the December 14, 2017, Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing Item PZ.27, please see "Order of the Day;" further, "Order of the Day" of the November 16, 2017 Regular Commission Meeting Agenda. END OF PLANNING AND ZONING ITEM(S) Citv ofMiami Page 105 Printed on 11412018 City Commission Meeting Minutes November 16, 2017 FL - FUTURE LEGISLATION ADJORNMENT A►axe] M1ljrI]:141Em619WiTAI P►I The meeting adjourned at 8:13 p.m. City of Miami Page 106 Printed on 1/4/2018