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Home My WebLink AboutCC 2017-12-14 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, December 14, 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 Joe 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 December 14, 2017 MAU M IkiUNZ61AIle] ►WAkiII1»AsZr]*0]y_144*1F_ kiIN4 Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Reyes and Commissioner Carollo On the loth day of December, 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 5:06 p.m., and adjourned at 10:31 p.m. Note for the Record. Commissioner Carollo entered the Commission chambers at 5:15 p.m., Commissioner Gort entered the Commission chambers at 5:15 p.m., and Commissioner Reyes entered the Commission chambers at 5:16p.m. ALSO PRESENT. Francisco J. Garcia, Planning Director Victoria Mendez, City Attorney Todd B. Hannon, City Clerk PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM PZ ORDER OF THE DAY Chair Hardemon: Calling the December 14, 2017 PZ (Planning & Zoning) Part "B," Planning & Zoning items meeting into order. Madam City Attorney, can you read it into the record, please? Victoria Mendez (City Attorney): PZ 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, pursuant to Florida Statute Section 286.0115 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 shall 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, 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 City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with 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 the Miami 21 Zoning Code and in the City Code, providing that the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed City of Miami Page I Printed on 21912018 City Commission Meeting Minutes December 14, 2017 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 anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Hardemon: Thank you very much. Mr. Clerk. Todd B. Hannon (City Clerk): Good evening, ladies and gentlemen. If you'll be speaking on any of today's Planning & Zoning items -- if you'll 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. Mr. Hannon: Thank you, Chair. Chair Hardemon: Thank you very much. Are there any items that need to be continued or withdrawn? Francisco Garcia (Director, Planning & Zoning): Yes, there are, sir; a number of them, actually, so I will read them out. There are specifics for each of them, and they all have a date requested attached, for your consideration, of course. They are as follows. And I apologize; I should have introduced myself. I am Francisco Garcia, the director of Planning for the City of Miami. The items to be continued or deferred are as follows: Item PZ.1 has been requested for deferral to the January 25 meeting. PZ.2, that was a companion item to SR.2, and it will therefore be indefinitely deferred; that would translate to a deferral until June 28; Item PZ.3, continued to January 11; Item PZ. 4, continued to January 11; Items PZ. 13 and 14, which are companion items, continued -- rather, deferred to January 11 -- my apologies; continued to January 11; Item PZ. 15 and Item PZ. 16, companion items, to January 25; Item PZ. 25, to February 22; Item PZ. 28, to June 28; and Item PZ. 31 has been requested to be withdrawn by the applicants. Vice Chair Russell: What was the last one? Mr. Garcia: PZ.31. Commissioner Gort: 31, withdrawn. Mr. Garcia: Withdrawn. Chair Hardemon: Are there any other items by the board that you want to -- Commissioner Carollo: Yeah. Chair Hardemon: --defer, continue, withdraw? Commissioner Carollo: I don't know if there are any items left on zoning matters in District 3, Mr. Clerk, or -- one I hear, was pulled out; there were two others, and they might have had companion items. Were those pulled out or not? Mr. Hannon: I'll defer to the Planning director. City of Miami Page 2 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Garcia: Thank you. Yes, sir. The -- all of the Planning & Zoning items that affect directly District 3 have been recommended for continuance or deferral. Commissioner Carollo: There were three, right? Mr. Garcia: I'm sorry? There were three items, yes, sir. Commissioner Carollo: Okay, thank you. Chair Hardemon: Any other questions, withdrawals, deferrals? Seeing none, is there a motion in accordance? Commissioner Gort: Move it. Chair Hardemon: Been properly moved; seconded by the Chair. For motions in the spirit of what was listed by our Planning -- what was it? Are you Planning director now or is it Zoning director? Mr. Garcia: Igo by Francisco, but "Planning director" is fine also. Chair Hardemon: Planning director. Thank you very much. Any further questions about it? Seeing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Give you a chance to notate that. Mayor Francis Suarez: Mr. Chair, if I may? Chair Hardemon: You're recognized. Mayor Suarez: Thank you. I'll be very brief. I just want to make some public comments on a few of the items, some of which I'm sponsoring today. Very quickly, PZ. 7, 8, and 9, which is Miami Jewish Health Systems, I'm supporting their application for an SAP (special area plan). They've been around for 75 years, and they serve more than 12, 000 patients, ranging from 5 years old to 105 years old. They're on the cutting edge of Alzheimer's research. Phase I of the SAP will include an empathy care village and also will have a three-story garage, and other phases of it will include public space. So I just wanted to go on the record as co -sponsoring and supporting their application. PZ. 17 and 18 are -- a pocket park in District 4; obviously, it's near and dear to my heart, being the former district Commissioner. We worked hard, since it's difficult to acquire land, through the impact fee monies that are separated for a park fee acquisition, and acquired a couple of parcels in District 4 to be converted into pocket parks, and this one is 1301 Southwest 21st Avenue. So I look forward to working with the district Commissioner, Commissioner Reyes, on making this a pocket park that will service the community that we both serve. PZ.19 is T5 parking standards. I won't even try to explain it, because the Planning director did a wonderful job at the last Commission meeting. But I sponsored it primarily for notice reasons. There's a 60 -day notice period that would be required, unless sponsored by a legislator and/or the Mayor. So I -- in consideration of the Manager's and the Planning director's request, I sponsored it, and it was passed on first reading by this Commission -- by the prior Commission -- I apologize. And PZ.20 is the micro units piece of legislation. I understand that the Vice Chair has some amendments, and thank you for co -sponsoring it as well. I think this is apart of the proactive legislation and proactive entitlements that we can City of Miami Page 3 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 enact in order to support affordable housing, which I think we all agree it is a critical need in this City. PZ.24 is Studio 60. Note for the Record: At this time, Mayor Suarez made comments in Spanish, which were not translated. Mayor Suarez: I just want to say thank you to all those who are here in attendance, on behalf of the PZ.24, Studio 60 application, which is in the Commissioner's district, and I support the Commissioner, who I understand is supportive of this application. So those are my comments. Thank you. Chair Hardemon: Thank you very much. PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEMS Chair Hardemon: All right. So at this time I'll open the floor for public comment. If there's anyone from the public that'd like to speak on any of the remaining items on the PZ (Planning & Zoning) agenda, now is your time to approach one of the lecterns. So you can step to the lectern to my right, to my left; state your name, first and last; which item it is that you're speaking about, and you may state your address so that you can be identified. So once again, this is the public comment section. If you're here to speak on any item that is on the PZ agenda that's remaining, you can step to any of the two lecterns; state your name --first name, last name; what item it is you're speaking about, and you may state your address. You're recognized, sir. Edward Martos: Thank you, Commissioner. Thank you, Chair, and thank you, Commissioners, for this opportunity to speak. My name is Edward Marton, offices at 2525 Ponce DeLeon Boulevard. I have a very brief presentation to make for PZ.24. However, I have a great number of people here, the people you see with red shirts, who are here in support of the application for Studio 60; that's PZ.24. And I thought it would be courteous to you all if I simply called them -- had them recognized for the Commission, rather than have every single one of them come up and speak, essentially stating their support. So if I may, through the Chair, in Spanish, speak to them so they can stand up and be recognized? Note for the Record: At this time, Mr. Martos addressed the audience in Spanish; comments not translated Mr. Martos: And so you can see all these folks here in the shirts, and some of them without them, are here in favor of the application. I'll present when my time is up. Thank you. Chair Hardemon: Thank you very much. Note for the Record: At this time, Chair Hardemon addressed the audience in Spanish; comments not translated. (UNINTELLIGIBLE) Jordan's. It looks good with --I have some Jordan's that look good. Thank you very much. Thank you, sir. Mr. Martos: Thank you. Chair Hardemon: Ma'am, you're recognized. Terry Matias: Good afternoon. My name is Terry Matias, and I'm one of the owners of 1772 Northwest 30th Street, in Allapattah. Prior to just six weeks ago, I received an email from Planning & Zoning, asking if an indefinitely deferred matter had been resolved. This particular matter dates back to July of 2011. As we had not heard City of Miami Page 4 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 anything for several years, we were under the impression -- or we were told that, "Well, if you don't hear anything, if there aren't any letters from the City, then the matter is basically taken care of. " We purchased the property in 2009, when we signed the contract. It was a foreclosure for a duplex. The -- during our due diligence, we found out that there was $120,000 in liens for an illegal third apartment in the duplex. Prior to going through with the deal, we contacted the City, and had Inspector Eloy Vega come out and do an inspection. During the inspection, he told us the only thing we needed to do was to open the door between the living room and the third apartment and to remove the kitchen in the same area. Basically, he also said that we needed a new tax card, because the tax card that we had showed a bungalow instead of a duplex. We did as the Inspector Vega had instructed. We took out permits; the permits were closed, finalized, and then we went ahead and we purchased the property. We then asked Inspector Vega to come and give us the Affidavit of Compliance; at which time, he did. Everything was fine. And he mentioned that it would only be a formality to have another inspection done, because there was a vacant building violation. At that time, the other inspector, Rene Benitez came, and he said it was an abandoned building. At no point at any time in 2009, 2010, or even 2011 was anything mentioned about a setback issue, and we purchased the property priority to the Miami 21. We met with several Commissioners, including Chairman Hardemon's office, three different Commissioners. We had several meetings with the City. We were always told by the City that they would help us in resolving this matter, but, unfortunately, nothing was done. And again, what we did, we spent over $20,000. We hired an architect to legalize the second apartment just so we could have everything resolved with the City. We had the architect --Zoning rejected the architect Bercow's request because of the setback violations. Again, at no point in our due diligence or in any of the paperwork was the setback situation mentioned. We hired an attorney, who submitted a variance application. That application was also denied. And the City was consistently telling us not to worry -- excuse me -- that the City would be working with us to get the matter resolved. Chair Hardemon: Ma'am? Ms. Matias: The last we heard was in 2012. Yes, sir? Chair Hardemon: Are you speaking to Item PZ.S, 1772 Northwest 30th Street? Ms. Matias: Yes. Chair Hardemon: Okay. Can you --your time has expired, so can you leave us with what your request is? What action are you asking of this body? Ms. Matias: I would like to know what the City -- This has been dormant, and we have no idea what's going on. Chair Hardemon: Okay. All right. We'll -- When we get to the item, we'll do it, okay? Ms. Matias: Yeah. See, this is a surprise. The email was a surprise. We're here. I brought in all the information that I've been accumulating for the past nine years, and now what do we do? Chair Hardemon: Okay. When we get to the matter, we'll -- please -- so please stay. When we get to the matter, we'll address that, okay? Ms. Matias: Okay. City of Miami Page 5 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Thank you so very much. Commissioner Gort: Hopefully, we'll take care of this tonight. Ms. Matias: I'm sorry? Commissioner Gort: Hopefully, we'll take care of this tonight. Chair Hardemon: Right. "Hopefully, we'll take of this tonight, " is what he said. Ms. Matias: Okay. Chair Hardemon: Is there any other person that wants to speak on public comment for any of the items that are on the agenda? Vice Chair Russell: Playhouse? Chair Hardemon: And -- I mean, I'll - and I'll tell you, if you're here for the Playhouse -- because we're going to -- we have the 5:30 time certain -- you're the first item I'm going to hear, so I would suggest -- we're a couple minutes shy of 5:30, and I don't want to run afoul of any, you know, thing, because my Clerk gets very funny if I run afoul of things. So I'll tell you this: If you're here from the Playhouse, you're more than welcome to take any of the two lecterns to -- for your public comments, so this is a public comment section. So if you're a member of the public and you want to give us your two cents about what's going on, this is your opportunity to be heard, okay? So I want the record to reflect that there are members who are supportive of the Playhouse -- the Playhouse; just put it that way - - who are now taking the lectern. You're recognized, ma'am. Carmen Pelaez: Hi. My name is Carmen Pelaez. I'm a writer and an actor who -- I had a sold -out extended show at the Playhouse back in 2003. I've come to several of these meetings. The plan to destroy the Playhouse and just leave the facade is embarrassing. All of my colleagues in the theater world in New York, in London, in LA (Los Angeles) can't believe that Miami would let a jewel slip out of their hands this way. There's a lot of misinformation about the alternative plan that Mr. Eidson has put forward, which supports two theaters. There's been a lot of denigrating of both plans on both sides, and I think that's unnecessary. If we restore the Playhouse and have a plan that has two theaters, everybody can come together and make it an incredible, creative, fully functioning place all year round. I live in Coconut Grove. We have enough buildings. We have enough empty storefronts. What we need is a place for professional theater makers; not students, but professional theater makers to practice their craft with international theater makers all year round. If you guys tear down the Playhouse, and we get one 300 -seat theater run by one company, you're cutting us off at the knees. We've earned the backwater title the New York Times is so willing and happy to give us all the time. I lived in New York for 22 years. Being at that Playhouse revived my career in a way that I could have never imagined, and theater professionals need it to be a thriving, multi -arts place. So I beg you guys to restore it so that everybody that's working on it can come together and decide the best way to run it. But if you guys tear it down, we don't have a shot at it, and this City deserves to keep its history. Chair Hardemon: So I asked you a question, because many times, there are buzz words. You hear "restore. " You hear all these different terms. What specifically are you asking us to do with the measure today? City of Miami Page 6 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Ms. Pelaez: I think it should be the two -theater plan. This idea that keeping the fagade is good enough is like terrible plastic surgery on a 101 -year-old woman, with the lips out to here and the cheekbones out to there. Chair Hardemon: I like those type of women. I like those type of women, so -- Ms. Pelaez: Well, okay; not to be agist. This isn't about being agist, but this is about being true to something. Elaine Stritch mentions the Playhouse in her show, 'At Liberty. " John Guire is in Miami for five minutes, and he asked, "What's happening to the Playhouse?" Samuel Beckett, Tennessee Williams, Liza Minnelli. I stayed there. You feel those ghosts, and you don't feel it when you're walking on the sidewalk. These things matter. We are at such a precipice right now in Miami creatively, it's incredible. Again, I lived in New York for 22 years; I have not looked back once. And I never would have thought I'd be this happy in Miami with -- Chair Hardemon: Thank you. Ms. Pelaez: -- culturally what's happening. Chair Hardemon: Thank you very much. Ms. Pelaez: We can feel it and we can create there, but professionals need a shot. To turn it into a teaching theater is an embarrassment. Chair Hardemon: Thank you, ma'am. (Applause) Vice Chair Russell: Uh-oh, there it goes. Chair Hardemon: There we go. Any time you are supportive of what someone has to say, make sure you just give us some spirit fingers, because it may take time to quiet you down, then it takes time from the next speaker, and then I have to do this, and then you want me to stop talking, and it's just a big circle. So, sir, you're recognized. Jose Rodriguez: Hi. My name Jose Rodriguez. My residency is at 2354 Northwest 35th Street. I'm here to support Studio 60. Reason I'm here is that Studio 60 means a lot to our residency out there. For example, holidays, like Thanksgiving, these residents, they mostly are out around, they don't have a place to go, or don't even have a meal to eat. These people opens the doors. They feed them. They give them food to take home. And at Christmas it's the same thing; they open up to the community. They're not only making money for themself, which is okay for them to make money, but another thing also, we get work from them. They give us work, while other places -- people in that little community there, all the people won't give them work, whether they're older or they -- you know, they have some kind of disability. These people, they don't care. They all doesn't care. As long as you honest and you willing to make a dollar the honest way, he'll hire you. The same thing, somebody in the community needs food, whatever, they there. They're always there; not like the other establishments that are out there. They just make money, money; forget about the community. They don't care what goes down. They do. I've been around that area for 30 years; they've been around there eight. The eight years that they've been there, they have helped the community a lot. As you can tell, all the red shirts that out here, that's our little community, you know. Whether -- in that place, if we want to go in there and have a meal and don't have money, it's okay with them, you know. We can work it out if we want. And it will a shame, and it will hurt a lot of people if that place was really to close down, because other people, when the City of Miami Page 7 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 holidays come by, they don't have no other place to go, you know, but they open the door. Whether you live in the community or not, you're welcome there at all times, no matter what. Thankyou. Chair Hardemon: Thankyou, sir. Sir, you're recognized. Tony Scornavacca: Hi. My name is Tony Scornavacca. I live here in Coconut Grove. I'm asking the City Commission to please restore the building of the Coconut Grove Playhouse. It's a gem. It's the crown jewel of Coconut Grove. Coconut -- excuse me -- the City of Miami does not have a lot of historic crown jewels. The Olympia Theater, the Freedom Tower, Vizcaya. The Coconut Grove Playhouse is in that category. From what I understand, the current plan that's in place to deal with that building is to demolish it and save the fagade, which it would be a shame. The - - I grew up herein the Grove. My parents moved herein the `50s. I'm still here. I've been to many plays there and concerts at the theater. It's perfect. I ask the City of Miami Commission to approve Richard Heisenbottle's plan. He has a wonderful plan, and he's an expert in the field of restoring old buildings and bringing them back to their former glory. He knows what he's doing. He's the authority of all authorities, and he's got a wonderful plan for the Coconut Grove Playhouse, one that -- and I could speak on behalf of the majority of the -- probably the City of Miami residents; I don't know, but for sure the Coconut Grove residents. We really are tired of driving by for the last 11 years that old crusty building, collecting dust. It's an embarrassment. There's been no leadership. There's been no ambition regarding saving that building, and it's the perfect venue. It's a wonderful place. Real quick. I know my time is up. When I was in high school, I was a busboy at the Taurus Steakhouse, and we always looked forward to the plays at the Playhouse, because more money in our pockets; and all of the restaurants in the neighborhood, same thing. So we need that Playhouse, and we need it to be big, and we need it to draw big crowds, and Richard Heisenbottle is the man who can do that for us; I'm certain of it. Thank you for your time. Chair Hardemon: Thankyou very much, sir. Sir, you're recognized. Wayne Lippman: Thank you. My name is Wayne Lippman. I live here in Coconut Grove on Bayshore Drive. I am a proponent of the GableStage proposal, because I think a small venue is the only thing that can be successful. I believe that a two - theater, total 900 -seat facility, is just not feasible. But what I really wanted to ask this governing body is at what point do the hearings stop and the appeals stop, and does this governing body make a decision so, one way or another, we can move forward with renovating this facility? Vice Chair Russell: Tonight. Mr. Lippman: Thankyou. Chair Hardemon: Thank you very much. I have your question noted, and we're going to answer that question for you, okay? Mr. Lip man: Thankyou. Chair Hardemon: Thankyou. You're recognized, sir. Larry Fields: Hello. Good evening. My name is Larry Fields. I'm the executive artistic director at Fantasy Theater Factory at the beautiful, new Sandrell Rivers Theater right here in Miami. I'm here to speak in favor of Miami -Dade County's current plan for bringing back the Coconut Grove Playhouse. The plan in place right now between Miami -Dade County, GableStage, and FIU (Florida International City of Miami Page 8 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 University) is solid, it's well thought out, it's been vetted, and it's a plan that is in place now and ready to move forward. There's a lot of talk about, "How much longer is it going to take?" Well, the endless appeals and the endless litigation, that's going to draw it out even longer. You know, the Historic Preservation Board has already voted on this issue, and it wasn't even close. It was an overwhelming vote to approve the current plan, and they weren't wrong. The appeal before you today, really, I've looked at it; it's without merit. You know, the largest portion of the opposition to this plan is based on a desire to bring the Playhouse back to exactly what it was before; the old business model and the old size, and folks, we know how that turned out. We've seen that movie. It ended in disaster. The plan now is a sustainable, viable plan. The opposition also, I think, is based a lot on nostalgia. We heard about ghosts in the theater, but we need to really look at this clear-eyed and see the objective reality before us. That building is beyond repair at this point. The plan to restore the outside fagade is terrific, it's beautiful, it keeps that integrity, and it gives a Twenty -First Century modern, new Playhouse. One last point to make. Virtually, the entire theatrical community -- those of us who run theaters; everyone from Actors Playhouse, City Theater, the Arsht Center -- the director emeritus had apiece in the paper today, in Miami Herald -- they're all on board with this plan. These are the folks who run theaters, who know what it takes to make them viable and to make them work; they're on board. GableStage is a more than capable organization; MU's involvement will make it even better. So I urge this Commission to uphold the current plan in place; it's the best plan. It will bring theater back to the Coconut Grove Playhouse. I thank you for your time. Chair Hardemon: Thankyou, sir. You're recognized, sir. Barry White: Thank you. My name is Barry white. I live at 1001 Southwest 129th Terrace. On the December 11 th, I sent a memo to Mr. Cher (phonetic), who is the executive producer of one of the largest companies that tour shows in the nation, and I asked him this question: "Can you please tell me the minimum theater seats for your touring companies economically? We're debating the configuration of the Coconut Playhouse. Some say 700, some say 1,000, 1,200. Do you usually book your shows into 700 -seat theaters?" His answer was, "Thanks for reaching out. 700 is smaller than most houses we play, if not all. I would say 1,000 is the minimum. Or, as our shows normally cost $200,000 or above, and as local expenses are often two fifty thou -- hundred thousand plus, and we get 10 percent of the box ojfce, that would make a break point for an eight -show week of $550,000. Therefore, you would need to sell 8,000 tickets, at least, at $70 a ticket to come near breaking even. " So what you take away from that is that if you want a -- just a regional theater, go with 700 seats, but to build an important facility like this with just 700 seats is foolhardy for two reasons: The function of that site is as an economic driver for the Grove, and you can -- if you don't create that, it's a gross underuse of the product, and you're selling Commodore Plaza short, which we've always done; we've never given them any parking. They need a parking garage at the theater. You must build a garage on Grand Avenue, and if you really want to make this thing economically viable, you got to build a proper facility. You can put your rehearsal and scene stuff on top; you build another area there, another 10 feet, and you can put all that on there. So you got to go with a larger theater, and the -- as designed, the current theater -- I'm a season ticketholder at Mr. -- GableStage, and -- senior moment -- there's an intimacy in that theater. It's only seven rows deep, but it's wide. What they have planned here is -- goes on forever, and the stage is up there. If you're going to build it there, at least turn that stage and put your seats this way, and make it more interesting. The people who made this design, the architecture -- really, form is supposed to follow function. I don't see that here. The historic preservation people -- that place was a 1,200 -seat theater, with -- a small theater, longer than it was -- as it was before, and in recreating what it was, it's antsy. fartsy. It's nice, it feels good, but it doesn't do anything for the future. City of Miami Page 9 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Thank you very much, sir. Mr. White: Thank you. Chair Hardemon: You're recognized, sir. Sylvan Seidenman: Hello. My name is Sylvan Seidenman. I live in South Miami - Dade County. And as an aside, I was a counselor at New World School of the Arts in Miami, and became from that proud godparent of Tarell Alvin McCraney, the playwright who's brought so much fame to the City of Miami, and continues to do good works there. If this decision, as I understand it, is strictly on the appeal -- an appeal to the Historic Preservation Board, then it seems to me, the County responded to every issue raised in that appeal and successfully answered all those questions. And so, I would hope that you refer to that -- I'm sure you've referred to that -- and take that into account in making your decision. If, as many people here today seem to want to bring it to the broader issue again, as has been discussed many times, about which plan makes the most sense, the one plan, the 300 -seat theater, GroveStage [sic] has been vetted, it's been analyzed, it's been all through levels of every governmental level, and approved; it's on its way. It is the only plan that exists on paper, as opposed to being in people's imaginations and thoughts. This is the plan that I urge you to please go with. Thank you very much. Chair Hardemon: Thank you, sir. You're recognized, sir. Steven Weinger: Hi. Good afternoon. My name is Steve Weinger. I live at 1881 South Bayshore Drive, and my office building that I own and business that I operate is at 2650 Southwest 27th Avenue; each of them is within half a mile or a mile of here and of the Coconut Grove Playhouse. And I'm also the president and chairman of the board as a volunteer of the Coconut Grove -- of the GableStage, which has the contract to operate the theater on that site; awarded by the State of Florida, together with the award to Florida International University and to the County. We didn't just show up and-- this week or this month or this year. This is a project that we've been developing with the County, with FIU, for a period of five years. It went through every stage of the development process and every form of public hearing and the opportunities. So when you hear about this new plan, the new plan was actually presented to the County Commission as a contender, and the County Commission unanimously rejected it and entered into an agreement with us. The 700 -seat theater was argued before the County Commission. The County Commission unanimously rejected that idea. The theat -- we've -- now we're at the stage of development, where the develop -- the actual plans for the theater are well underway; we'll be done in a matter of months, and then we can put it out to bid, break ground, and have construction start on that theater in nine months. The alternative apparently is to start from scratch with somebody who, two years ago, said they would come up with the money from private sources and didn't; one year ago, said the same thing; and now says, `Just put everything off for another half a year and maybe I can come up with the money. " We have a real plan, we have full funding, and we have a team of fine architects and architectural historians. Mr. Heisenbottle and his proposal, he was not the successful bidder as an architect to design this plan. He didn't file a successful bid protest. He was not awarded the contract, and now he's coming in three years later, three and a half years later to announce that he has a better idea. Everybody drives by the Playhouse. Everybody's seen it deteriorating, and everybody had an opportunity at every stage in this process. At this point, the issue before you I believe is fairly narrow, which is whether we -- our team and the historians and architects that we've brought -- put together have adequately presented an argument to support the Historic Preservations [sic] Board's decision as to the proper way to preserve the historically significant aspects of the project, City of Miami Page 10 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 and I believe they've successfully done that. And we're ready to go, and we have a good plan. And in the end, I think you'll see something that you'll be proud of and I'll be proud of and happy to drive by, and which will, in fact, preserve all of the historically significant elements of that site. Thank you. Chair Hardemon: Thank you, sir. You're recognized, ma'am. Welcome back. Carol Lopez -Bethel: Thank you. May name is Carol Lopez -Bethel. I reside at 3907 Loquat Avenue. And Chairman, I thank you very much for recognizing my face, because I am often here on the -- under the pretext and the hope of preserving the jewel that is Coconut Grove. You'll see me here. I feel like I'm here once a month. This has been perhaps the fifth or sixth hearing in the last four to five years that I have attended regarding the Coconut Grove Playhouse. During that time, I have sat through many bellicose and verbose presentations given by the County that have left us where we are today, which is essentially nowhere, other than having spent about $2 million worth of architectural fees with Arquitectonica, and we're still at a dead halt with a plan that residents do not want. I sat through --about a few weeks ago, and I sat through a lot of blue shirts, and I don't -- what I would like to have is a headcount of those blue shirts that actually live in Coconut Grove and have to deal with what we deal with where we live. I think that there -- those of us, we have something to say, and it is important. I asked the -- on my last visit here, I asked the Historic Preservation Board to take a leadership role, and I spoke about Solomon, all right? You remember the -- we have two people who say, "This is my baby. This is my baby. " Coconut Grove Theater is our baby, those of us who live here, and the GableStage and the County, and Arquitectonica want to do what they want to do with what they perceive to be their baby. I am asking the Commission to take a leadership role. Don't kill the baby; give it to its rightful parent. Thank you. Sheryl Levine Pappas: Hi. My name is Sheryl Levine Pappas, and I worked at the Coconut Grove Playhouse, backstage. I was wardrobe mistress. It is very personal to me that this theater get revived and restored. I would like to point out that a gentleman just said that it is going to be historically restored, but it has not been brought to the attention that Timothy Parsons, the director of the Division of Historical Resources and the State Historic Preservation Officer, turned down a grant that Mr. Spring put in for, because the current County plans do not preserve the historic nature of the Playhouse enough. This is important, because it was voted on to restore and preserve the Playhouse; not just build a new one. Also, in my opinion, the plan that is now before you is too small. The backstage area is way too inadequate. The scene shop was very poorly planned. And it is lovely to have a theater there, but it's -- a city this size should have an important theater, and a 300 - seat theater is not an important theater. The idea of paring with the school is wonderful. The teaching aspect of it is great, but it can be done with the larger theater, as well. But my main concern is that why is nothing being said about the grant that was denied, due to the fact that the historic nature has not been taken into account by the new design? I would like to offer my support for the second design, the two -theater design. Thank you. Chair Hardemon: You're recognized, sir. Howard Rogat: Good evening. My name is Howard Rogat. I'm a 10 year resident of Boca Raton. For over three decades, I've worked in the nonprofit institutional theater and Broadway commercial theater as a manager and press agent. My credits include the Kennedy Center (UNINTELLIGIBLE) Repertory Theater, and 21 years at Jujamcyn Theaters, one of the three major Broadway theater owners and operators, serving for 10 years as general manager, and supervising the award- winning restorations of its five landmark Broadway theaters. I hold a Master's Degree in theater administration from Yale, and was a professor and co -headed the City of Miami Page 11 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Master's Degree Program in theater management, and producing at Columbia University. Miami and its surrounding metropolitan area possess the demographics for a new, exciting, and first-rate institutional theater of prominence and importance. In my opinion, the best bet for a flourishing, new regional theater in Miami is the plan proposed by two visionaries with proven track records: Mike Eidson, a respected lawyer, with Arsht Performing Arts Center and Miami City Ballet Board and fundraising experience; and Richard Heisenbottle, a respected architect and preservationist. Looking at other successful league of (UNINTELLIGIBLE) theater operations in comparable markets across the country, statistical research proves that a fiscally prudent and responsible business plan, focusing on audience, community, and fundraising development, requires a venue of at least 700 seats to capitalize on vital weekends and holiday income potential. A 300 -seat venue would seriously limit revenue growth, would negatively impact on individual, corporate, and foundation fundraising initiatives, and would not create enough foot traffic to help revitalize downtown Coconut Grove. The potential of resounding success exists with the two -theater, historically restored Coconut Grove Playhouse plan, combining a rich theatrical legacy, responsible historic preservation, Twenty -First Century technology, and progressive artistic programming. The Eidson/Heisenbottle proposal provides a sound and resourceful mission and plan to make this dream happen. Thank you for your consideration. Chair Hardemon: Thank you very much, sir. You're recognized, sir. Change your jacket. You're still recognized. Williams Armbrister: Praise the Lord, Jesus. Williams Alfred Armbrister, Sr. is my name. And somehow, things have gotten a bit confused with this Coconut Grove Playhouse -- and good evening to all of you wonderful people at the sound of my voice -- because it's gone from preservation/restoration, 300 to expansion, 700 to compromising, 450. The acreage currently there barely supports what is there now. And if you expand the parking, you're going to impose on the community and the traffic, something that it can't handle. That area cannot handle a 700 -seat theater. Maybe the folks who want the theater might like it in their neighborhood, but that theater is in my neighborhood, and we've had enough problem with traffic, with what's happening up there in the village right now. The expansion of that parking garage won't be a good idea for that community and for Coconut Grove as a whole. It has never offered anything to the community that it's, in other than being there. So if they're going to preserve it, restore it, which is good, I agree; expansion, I totally disagree; compromise, 450, it just won't handle. There's not enough acreage there for what it desires for the Playhouse. The type of revenue they want to bring into that Playhouse, there is not enough acreage there. I thank for your time, and please consider not doing any more damage to the immediate abutting community than has already been done and is currently being done on a regular basis. Be well. Be blessed. Chair Hardemon: Thank you, sir. You're recognized, ma'am. Rachel Cardello: Hi. My name is Rachel Cardello. I live at 2175 Tigertail Avenue. And I think the specific issue here regarding the appeal is that the continued delay, we will end up without anything to save if we continue to progress this conversation to the umpth degree, so I do want to see something move forward as immediate as possible, and that's what I would ask the Commissioners to consider. In terms of the specifics of the two plans that's, you know, constantly the debate, that's really not part of what I think your decision is, but in that regard, I do feel that the 450 theater that is currently being kind of talked about and last mentioned at the town hall meeting is probably the most appropriate in terms of theater size for the area, and I say that only because I don't think the traffic or the size of the parking garage being proposed could handle anything larger. That being said, though, the parking garage City of Miami Page 12 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 that is connected to the Arquitectonica plan is grossly over parked to support a 300 - or 450 -seat theater. And I think that they're trying to make up for a lack of parking in other projects that are currently approved for that area, so I don't think that the theater area should take the burden of that required additional parking to support the Grove. I'd rather see a smaller parking garage, which means I'd rather see a smaller park -- theater seat. So the worst thing that we could see -- or the best thing, if you call it -- is that they have to add more performances to sold -out crowds every night. That's my hope; if we have a 450- or 300 -seat theater, that that's what we have, that much foot traffic, that much attendance. I'm concerned about the larger theater, but my biggest concern is the delay in decisions, and the neglect that will then leave us with nothing to save. Thankyou. Gloriana Calhoun: My name is Gloriana Calhoun. I live at 3665 Park Lane. I want to speak from a different perspective just for a second. I worked in New York in the theater for many years. I worked with actors, producers, directors, on and off Broadway. We worked on performances that came down here to Coconut Grove; people came, put their children in the schools around; the actors, they became part of the community. This theater has a reputation that goes way beyond Coconut Grove. And when you're in New York and you're on Broadway or off Broadway and you mention the Coconut Grove Theater, you get a plethora of stories from people that have performed there and would love to come back there. And Coconut Grove needs something to keep us all together. We need something that'll be historically sane. And the other plan for the theater, with the other theater on the side, works. Please consider that. Thankyou. Lisa Remeny: Good evening, ladies and gentlemen. I'm Lisa Remeny. I'm a long- time resident of the Grove and a native of Miami. And I remember voting on a bond to preserve and reconstruct this building, not to tear it down. It seems to me there's been several million dollars spent over the last 11 years, making presentations for this plan. I don't understand how that happened, and I've been to every one of these meetings. I've never heard Richard Heisenbottle's plan, but one time, and that wasn't in a Commission meeting or a City Hall meeting. Please preserve this building, please. We voted on it, and I don't --and that's what we want. Thankyou. John Nordt: John Nordt; been in Coconut Grove for 70 years, which is hard to say. I used to go to the Playhouse in the `60s and the `70s, and `80s. This is our Sidney Opera House. This is what we live for and what we've been to for years and years. And until Middleman and -- Ferre left and Middleman came, it was viable, it was very viable, and they handled traffic for 1,100 -seat theater. And the bottom line is, is this horse race started uneven. There was no proper vetting of both sides. I've only heard the Heisenbottle plan presented on e-mail. I've never seen it really presented. We stayed at the Miami -Dade County Auditorium and listened to two and a half hours of the other side. I just think that there should be some evenness, equal vetting of this horse race. And I think that there's a -- I understand there's $20 million that is not going to be available through the -- to the State if the courthouse -- if the Playhouse is not preserved in toto. You chop off the back end of it and preserve the fagade, that's not a preservation of the Playhouse, and that's what this County plan's all about. And I urge you to listen to the Heisenbottle. I'd like to have him have the proper time to talk about it, as all the other citizens of Coconut Grove. And by the way, my son is going to be finishing theater in Boston, and I'd like to have him come down and do the theater; 800 or 900 will be good. You don't put Westside Story on a 300 -seat theater. Thankyou. Max Pearl: I'm Max Pearl, a 50 year resident, born native ofMiami, Florida; grew up in Coconut Grove; didn't live in the Grove, but we had a boat here in Slip 52 in Dinner Key; spent every -- virtually every weekend in the Grove, so it was like my backyard. We're surrounded with an irony so thick, you can cut it with a mangrove City of Miami Page 13 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 machete. Just think of the irony. As we all sit here today, I'd ask everyone to look at the walls around you and the ceiling above you. This building we are in today was built in the 1930s. Forty years after it was built, in 1975 it was put on the National Registry of Historic Places. Its beautiful restoration, by the way, is the work of Mr. Richard Heisenbottle. You could thank him for this preservation of this building. So we are surrounded by this irony. The City Hall building we are in to determine the fate of the Coconut Grove Playhouse is protected by Federal Historic Designation, but the Coconut Grove Playhouse, which was built a decade earlier, has no such Federal protection on the National Registry. Ponder that for a moment. Don't get me wrong; I'm grateful our local politicians enjoy work space that is safe and historically preserved, but why aren't the citizens given the same ability to have their Coconut Grove Playhouse safeguarded; to enjoy an even more renowned historic place than City Hall, a playhouse that legally belongs to the people of Florida; a theater owned by the people, where citizens get only 90 seconds to talk, while the special interest developers, who made the front page of headlines, destroying protected mangroves and wetlands, get hours of talk time at numerous so-called public town hall meetings? There was no public town hall meeting. This was the typical back and forth. There was no dialogue between the decision makers and the citizens. So let me cut to the chase. What made the Playhouse historically significant, what gave it its heyday was not the time period when it was a movie house, but rather, when George Engle, this man's grandfather, re -envisioned it as a live theater venue. That's an indisputable fact. Post -1956 was its heyday. Some talk a good bit about a boom -and -bust cycle. We hear that on the propaganda video put on the County website, which is full of misinformation. And by the way, the so-called rebuttal or response to FAQs (frequently asked questions) on the County website is a mix of half-truths and outright, blatant mistruths. But if it weren't for that part of its past history as a live theater venue, we wouldn't all be here battling over its future. The Playhouse, in its last 23 years, had 125,000 patrons annually, who also patronized local businesses and restaurants, contributing 40 percent of the Grove's economy. Historic preservation and economic revival are not mutually exclusive; they are interdependent. South Beach's historic Art Deco District and Coral Gables are proof that historically preserved districts are where tourist dollars go. The ballot item from 2004 vote on the County bonds, as someone just stated, this was our taxpayer funded bond monies that we understood would be used to restore, not demolish this greatest of our cultural treasures. We're surrounded by irony. You'll often hear people respond to the latest news from our area with the commonly heard response, "Only in Miami. " Only in Miami do we find the irony that a historic preservation board votes to demolish the most cultural site in South Florida, and strangely, they made that vote just months after voting in favor of putting the Coconut Grove Playhouse on the National Registry. Do they really think the facade, or as they euphemistically call it, the "historic building, " is what made the Playhouse historic? Do you, Mr. Mayor and Mr. Commissioners, believe the history is all in the facgade? Because the vast majority of the thousands ofpeople I've spoken to on my Facebook page, with over 10,800 followers I've spoken to over the years, seem to recall the history, did not happen in the facade. Chair Hardemon: Sir, your time period has expired by more than two minutes. Mr. Pearl: Okay. I'll just wrap it up. It happened -- history happened in the auditorium, where Marlin Brando and President Harry Truman sat, watching its shows. Liza Minelli, Henry Fonda, George C. Scott, Denzel Washington, Chico Marks, Milton Beryl; Bert Lahr from the Wizard of Oz; Tennessee Williams, David Letterman all performed and staged their artistic works. The history is not in the fagade. Chair Hardemon: Thank you, sir. City of Miami Page 14 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Pearl: Thank you. Andy Parrish: Good evening, Commissioners. My name's Andy Parrish. I live at 3736 Irvington Avenue. I hope Commissioner Gort is listening, because I know he was around. I was the chairman of the Historic and Environmental Preservation Board when this building, Grove Playhouse, was designated historic, and I remember it really well for a couple of reasons; one is it was hotly contested, lots of hearings, lot of pressure on the board both ways. And I'm proud to say that the board courageously voted in favor of the designation. And within a week, I was handed a legal file; said, "This is a suit that we're filing against you personally for taking the stand you did in feeding the charge to declare this building historic. " Fortunately, that was never filed, so I'm glad to say that I wasn't involved in a big lawsuit on that. But today we're back again, all these years later. And I just want to submit to you that the real issue -- one of the real issues is trust. I know my fellow Grovites. You know, we've been in the battle with Home Depot. We're a pain in the butt for you Commissioners. We probably occupy more of your time than any other district. But they love their Grove, and they trust Richard Heisenbottle to do this right; that's what it's about. If you select -- if you involve Richard Heisenbottle in doing this building, you will have the trust of the Grovites; not only that, I know from the last meeting that I attended that there is a shortfall of money. Well, I read in the Herald the other day that Area Code 305 is one of the wealthiest precincts -- or districts in the whole United States. And I think the Grovites, if you select Richard Heisenbottle to do this project, will rally behind it and raise that money. Personally, I will contribute. I'm not a wealthy guy, but I will contribute to that effort personally, my wife and I. So I urge you in the strongest possible terms, hire the trusted architect that the Grove will trust and will do a great job, as you can see, and that's Richard Heisenbottle. Thank you very much. Chair Hardemon: Thank you very much, sir. Sir, you're recognized. Julian Kreeger: If it please, your honors. My name is Julian Kreeger. I live in Hermitage for the past 32 years. I've been president of the Friends of Chamber Music of Miami. We bring internationally -acclaimed chamber soloists, instrumentalists to Miami for concerts in this area and for master classes. And I want to urge you to adopt the plan that has been previously approved by the State, County, and FIU, and I believe that has been designed by Bernardo Fort -Brescia. And we need a wonderful, acoustically superb concert hall in this area for chamber music and instrumental music. And so, I want to urge you to adopt it. Chair Hardemon: Thank you very much, sir. Mr. Kreeger: Thank you very much. Steve Massey: Evening. My name is Steve Massey. I live in Abitare, across the street from the Playhouse; been therefor a long time; life-long Miami resident. And the Grove Playhouse, in its existing state, has been part of my life. When I was a kid, I was an actor there. Later on, we used to walk over to the shows. And I heard the gentleman earlier speaking about the parking. I never remember the parking being a problem or the traffic being a problem when the Playhouse was in its original form. What I remember was a vibrant Grove, and I remember people being bused in, and I remember people walking over to the restaurants that then went out of business, because the Playhouse wasn't there anymore. That's what I remember. I remember a lot of the Grove died when that Playhouse died. And so, I'm here today to support the efforts to preserve the Playhouse in its original form. Thank you very much. Chair Hardemon: Thank you, sir. Ma'am, you're recognized. City of Miami Page 15 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Melikah Jazz: Thank you. Good evening. My name is Melikah, and I don't live in the Coconut Grove area. Actually, I live by the Doral. But I am a professional vocalist, as well as an actress, and I am very concerned with the way that I have grown up and been raised here in Miami since 1968, and the way that things have been -- how the globalists have been taking over our landmark; you know, like sucking up the landmark. And Coconut Grove is historic. We have the Bahamian section of Coconut Grove and we need to respect that. We have the Coconut Grove Playhouse at its state right now. 700 seats is fine, and it'll bring a lot of revenue. We need -- since we have Rick Scott not supporting the film -- tax incentives, perhaps with the new -- with Mr. Levine -- perhaps that would happen, and Coconut Grove Playhouse will be in the midst of when the tax incentives -- the filming tax incentive comes through. And we're doing this for our children -- okay? -- and to save our landmark. I mean, when you have an architect that doesn't care anything about the land -- because he's chopping off mangroves, healthy mangroves -- that must be a very big red flag, okay? When you have an architect that is building high-rises to bring about pornography, we have a very big issue. We're number two in human trafficking, and a lot of these high-rises are bringing about producers that are into pornography, and we're having it all over our City. Coconut Grove is not the place for that. With Coconut Grove Playhouse as it is, we have to have faith, but we will if we do the right thing. If we don't pocket money, okay, like whoremongers, then it'll be a good theater, and it'll be good for our children's education towards art, because that'll open up their mindset; and it'll be something good for elders, for the community as a whole; not only for Coconut Grove residents, but as a whole, everybody. So I ask that you please makeup your mind. Thank you very much -- Chair Hardemon: Thank you very much, ma'am. Ms. Jazz: -- for the time. Thank you. Stephen Rothenberg: Good evening, and my name is Stephen Rotenberg, and I want to thank you all for your public service to this community. I'm here on a business issue, and then I'd like to use a personal issue. Commissioner Gort: Speak into the microphone. Mr. Rothenberg: Yes, sir. I was the printer for the Coconut Grove Playhouse. When they went out of business, they owed my $60,000. Vice Chair Russell: Jesus. Mr. Rothenberg: So I was forced, when they closed, to file a lawsuit, and I had a final judgment. Well, the State of Florida indicated that they needed to pay all the encumbrances. That was never paid to me, and I'm still in a situation now, so I feel like that you don't have all the information as the City, and that you've been misled. Now, on a personal issue, we -- I found it ironic, walking up to this beautiful building tonight and seeing the historic-ness, and I'm sure that we could build a fancy building, a beautiful building for the City of Miami, but this means something to me, walking into this building. When you walk into the Playhouse, when you see that Playhouse, for us, for future generations, I'm asking you to make the right decision for the future of the City of Miami, Coconut Grove. Thank you very much. Chair Hardemon: Thank you, sir. Dawn Martinez: Good evening. Chair Hardemon: Good evening. City of Miami Page 16 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Ms. Martinez: My name is Dawn Martinez. I'm a second -generation Miami native, and I am here to tell you that I think the preservation of the theater should remain. I think it's important that you all, as elected officials, represent what the people want; and it seems to me, by hearing all these speakers tonight, that we want the preservation; not what a company or a developer or a very rich architect wants. Please represent what the people want, and that is the preservation of this beautiful building and the charm of Coconut Grove. Thankyou. Chair Hardemon: Thank you. Avra Jain: Hello. Avra Jain, 720 Northeast 69th Street, Miami, Florida. Chairman, Commissioners, I'm here to speak on behalf of preservation and on the behalf of Richard Heisenbottle's proposals. I understand and I appreciate that everybody spent a lot of time on this; there's been a lot of community outreach and healthy conversation. And I do think at times with historic preservation, you do want to have compromise, but there are very few opportunities sometimes to preserve such a unique gem. And I think in some of the work that we've been able to do at Vagabond that we've shown that sometimes less is more; and so that, hopefully, you'll consider this an opportunity we don't want to lose. Thank you. Chair Hardemon: Thank you. Sir, you're recognized. Bruce Leslie: Hi. My name is Bruce Leslie. I am currently the executive director of City Theater, and I was the general manager of the Coconut Grove Playhouse in the late `90s. At the time that I was there, we were experiencing chunks of concrete falling off of the ceiling and falling off of the walls; very serious public safety issues that we were trying to correct. We -- I was there during the time that we did renovations to the Encore Room Theater, and at the time we had to replace some beams and some columns to support the building. I was there when they put up that horrible -looking shoring outside the building, because there were concerns by the engineers that the building was going to fall down. I was there when I was talking to the engineers and asking them to give us six months with the shoring, because we had a show that we were trying to put on in the Encore Room Theater, and they argued and argued, but finally relented and said, "Okay, we can leave the shoring up for six months. " It's been 20 years now that that's been there. I support the plan that the County has put forward. The problems there -- there are structural problems; they're not going to be fixed with epoxy and paint. There is going to need to be some demolition of that building in order to replace key structural elements of it. I hear both plans talking about different size theaters; one, 300; one, 700. The current main auditorium is 1,100 seats. They talk about -- I'm hearing historic preservation and the importance of that theater, but both plans are currently saying what the historic size of the theater is needs to change, so I don't know that either side has a higher moral ground in terms of historic preservation. The 700 -seat model takes out the balcony. Well, that balcony's been there since 1955, '56, when they opened it as a live theater. So both plans are talking about changing the historic nature of that auditorium. Both sides are talking about putting support spaces in the theater, which is a modification of what the theater was, so I don't think one is necessarily more pure than the other one. But the point is that there is some demolition that's going to have to happen there, and I've seen in both plans a real emphasis on maintaining some of the key core elements of the building. Back when we were there, we were trying to get the bathrooms ADA (Americans with Disabilities Act) compliant, and we saw that there were other modifications that were needing to be made. We called in historic preservationists to guide us, and basically, they gave us about seven elements within the building that were historically significant; one was the entryway, one was the proscenium, one was the columns. I don't remember all the other ones, but there wasn't a huge list, and we City of Miami Page 17 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 said, "Oh, okay, we can deal with this and make the modifications that we need to make. " So I urge you to decline the appeal and move forward with the approvals that have already been made, and let this project continue. Thank you. Chair Hardemon: Thank you, sir. Welcome. Arva Parks: Good evening. I am Arva Parks. I am a historian, and I did my Master's thesis on Coconut Grove a long time ago, and I've been very involved in loving it. And I also am the author of what you --I'm honored to say -- called your official history of the City of Miami. I am a passionate preservationists. The theater -- Believe it or not, I saw "Lassie Comes Home" in the theater when I was a little girl, and it was second only to the Olympia on its grandeur and on -- of course, Richard Keno is also a particularly important architect, and not only in Miami history, but national history. But most of all, we're talking about preservation of the entire theater. Look up, look up. You, I'm sure, know that this building was threatened with demolition. It was the Pan American Terminal. It is now Miami City Hall. We cannot say for sure that that particular building will always be a theater; we just don't know that. But we do know if it's gone, it's gone. It is an entry feature to historic Coconut Grove, the way it is shaped. The proscenium and the arches and the -- it is beautiful inside. You remove a few things, and it's still there. And if I had a dollar for every time someone told me a building was falling down, I would be a gazillionaire and wouldn't have to be worrying about anything. There was no salt water sand used in that building. Mr. Thomas, who was Mayor of Coconut Grove; Estelle Overstreep (phonetic), my good friend, was his secretary. She ordered the sand. So I've never had an eyewitness account. Every time somebody wants to tear a building down -- "Oh, it's structurally unsound. It's got salt water. " Don't listen to that. It is structurally sound. It was built by a fine architect. It's not been cared for as it should have been, but it is not too late for it. But once it's gone, it's gone. So I'm asking you please to support the entire restoration of the historic theater that you have already named. Thank you. Chair Hardemon: Thank you. Sir, you're recognized. Peter Haig: Yeah. I'm Peter Haig. I've been a professional actor in South Florida since 1979, and I've worked at Actor's Playhouse at Miracle Theater and GableStage; many productions at each. And I've worked two productions at the Coconut Grove Playhouse, and I feel kind of sentimentally attached to it, except the one day when I reported for rehearsal, and they said, "We cannot rehearse the upstairs lobby because the ceiling fell in, so we would feel much safer in the downstairs lobby, and don't pay any attention to the cracks in the column when some of the plaster falls off. I know you've heard that it's rusted underneath, but it should hold for now, so don't worry about that. " At least, I didn't have to worry about the asbestos falling down, as Susie Wes fall did, as you heard last meeting. So there's that tug there. Everybody loves how the old thing -- the old theater looked, but I don't how much of it is really preserve -able. I think that you're going to start uncovering more and more that has to be completely redone. You might wind up raising the whole thing anyway. And as far as the first -- the 300- and the 700 -seat theaters are concerned, I was amazed to hear last meeting that the 300 -seat theater was not considered viable, but a 700 -seat theater, that's the way to go. Of course, the Coconut Grove Playhouse went out of business and into severe bankruptcy, trying to fill that theater in the past. But GableStage has been going through decades now and survives and is ready to move in, and it has an established structure. And what are you going to put in the 700 -seat theater that you're sure is going to pay off? Thank you. Chamara Porcher: Hi. My name is Chamara Porcher. I am a Coconut Grove resident, born and raised one block up from Coconut Grove Playhouse, and also a City of Miami Page 18 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 student of the arts as a child in Coconut Grove. Coconut Grove Playhouse has always been a staple for me growing up and for others in the community that followed in the direction of the arts with the Coconut Grove Children's Theater at that time. And I do recall going to the Playhouse in the `90s. The last production I saw there was like an English comedy, which actually was very funny. And I think, for the community as a whole and bringing the arts to the children in the community and having the historical value added to that will be very beneficial for them, giving them something to look forward to and something to appreciate. Clark Nobil: Good afternoon, everybody. My name's Clark Nobil. I'm a season ticket buyer and charitable supporter of GableStage. I don't know if any of you are appalled at the way a small group of individuals appears to be acting in concert to intentionally delay and derail the County plan, agreed to by FIU and GableStage, but I am. Moreover, the plan has also been endorsed by two of GableStage's own competitors, Barbara Stein, of Actor's Playhouse and Stuart Blumberg, of the Adrienne Arsht Center, who both warn of the dangers of trying to fill a 700 -seat theater. But that still doesn't seem to deter this small group of determined people bent on forcing a money-losing albatross onto the public's neck. Moreover, while two weeks ago, in these very same chambers, Commissioner Suarez seemed to excoriate Mr. Eidson for not having privately raised the extra $15 million he had promised by then. Mr. Suarez now says Mr. Eidson can take another, quote, "90 days to secure the funds, plus at least $1 million in a reserve fund for operational losses. " Why the extension, and why only another $1 million for operating losses? How was that number determined, and by whom? And what if the losses run into the multimillions of dollars every year instead? Who should pay for that? The taxpayers? Wouldn't requiring an extra 5 to $10 million in operating reserves have made more sense, especially, given the inherently risky nature of such a larger theater? And two weeks ago, when Mr. Heisenbottle unveiled his overhead projector rendering of what this newly proposed theater fagade would look like, did anyone happen to notice Mr. Heisenbottle misspelled his own name, spelling it H -I -Z -Z -E -N- B -O -T -T -L -E instead? Is this the kind of faulty attention to detail we should expect from those who want to lead us into a two -theater debacle in the future? Or perhaps, is it now finally time to pull the curtain on their foolish plan and demolish the old theater, and rebuild and repurpose that property along the established Countyline plan? Thank you very much. Chair Hardemon: Thank you, sir. You're recognized, sir. George Engle: Good evening. My name is George Engle. I live in West Kendall, here in Miami, born and raised, for the last 50 years. I came up here not knowing what I was going to say exactly. I've heard a lot of words thrown around; one of them was `gem"; one of them was "movie house"; one of them was "theater." However, when my grandfather -- I believe when he took over the Playhouse, his dream was -- it was exactly that; it was a dream. There was nothing for sure. He took a chance; he made it work. I said it before, we are a very wealthy city. Another person in this room mentioned that the 305 is one of the top two wealthiest in the nation; may or may not be true. One thing I do know to be true: If this building is so deteriorated and in such bad shape -- to my knowledge, there is no Certificate of Occupancy -- how is it possible? I ask any of you sitting up there behind this large, fancy desk, would you walk into this building without personal protection, with some sort of equipment that would protect you from falling concrete? Chair Hardemon: I was born and raised in public housing; I'll walk in everywhere. I just want you to know that. Mr. Engle: Okay. All right. City of Miami Page 19 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 (Applause) Chair Hardemon: Good job. Mr. Engle: We're watching y'all. Okay. So I witnessed with my own eyes four people walking into this building that is supposedly crumbling, with no hard hats, no reinforced steel toe boots, as required by law. They just walked in. They weren't afraid. I think a lot of what you're hearing may be stories that are not true. A lot of it is probably true, but a lot of it is not. I don't know who the wolf in sheep's clothing is, but there is definitely one. And for someone to say that that building is not salvageable does not know what they're talking about, because there have been worse buildings in worse shape that have been restored and are still standing and flourishing today. One last thing I want to leave you guys with is that my grandfather was very, very extremely wealthy in the oil industry. Why would he leave that to come to the Grove? We're talking, a million dollars in the 1950s is equivalent to roughly $50 million today. That's what he put into the Playhouse when he took it over in the `50s, and it did flourish for many years. No guarantees; he took a chance and made it work. That was his dream. His legacy has been neglected. It has been sitting there in hopes that a hurricane would blow it away. It's still standing, and it will continue to stand, I believe, because that's what the people voted for, that's what they have the bonded money for. I don't even understand why we're here today and what -- let me -- ask yourselves a better question: In the last four years, of the $20 million that has been set aside, who's been making money off of this? And there you'll find your answer as to why it's been taking so long to get something done to restore-- not rebuild -- to restore this Playhouse -- not theater -- this Playhouse -- to be successful, like it was already voted on. It's redundant, what we are doing. Chair Hardemon: Thankyou, sir. Sir, you're recognized. Jonathan Rose: Jonathan Rose, 5 Island Avenue, Miami Beach, Florida. I'm co- founder and current president of Culture in the City. I'm a cultural arts advocate and an attorney. Chair Hardemon: Just pull the microphone towards your face. Mr. Rose: Okay. The last meeting was the Historical [sic] Preservation Board; I was here, and I spoke in favor of the County plan. The Mayor of Miami -Dade was here. The Lieutenant Governor was here, saying -- telling us what he put in, the work that he's put in for -- toward it. Michael Spring was here. The Dade County Plan calls for Joseph Adler to have a 300 -seat theater in the old Playhouse. Miami - Dade Auditorium and Actor's Playhouse now hold their performances in the black boxes. I've been to performances in the Coconut Grove Playhouse, in Miami -Dade Auditorium, and in Actor's Playhouse, when they had their full theater. They were never full. The full theater is the equivalent of a 700 -seat theater. I'm not sure if it was ever full. In the old days, sure, it was full. They brought people down in busloads from the retirement homes. I favor the County plan. GableStage is self- sufficient; has carried on at a profit, small profit, for all these years, and I think there should be a -- the County Plan should be approved. Thank you. Chair Hardemon: Thank you, sir. Sir, you are recognized. Miguel Badilla: Thank you very much. Good evening. My name is Miguel Aguilar Badilla. I reside at 625 Biltmore Way. I'm a native of Argentina, and I've been residing in this wonderful country of ours for the past 52 years. I'm a former actor, TV (television) host for Telemundo and Univision Networks, as well as 25 years of artistic director for the Latin Quarter Cultural Center. I'm currently a theatrical City of Miami Page 20 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 producer. Let me start by commending Mr. Richard Heisenbottle's plan for his precise and exquisite rendering, and most of all, for his true vision and understanding of what a historical theater is all about. Gentlemen, we have here in our hands a win-win situation, and should take advantage of it immediately. This two -theater plan is the only logical plan; it makes everyone happy; unless, of course, your intentions are not for the theater but for something else. This better plan, a 700 -plus -seat theater, managed by the foundation, and a 200 -seat studio theater, managed by FIU, makes it a multi -use and multi -culture facility, and that is precisely what the Playhouse used to be and should be once again; a venue that produces and presents local, national, and international productions, and guests artists from all over the world, thus, unifying cultures and securing economic stability for the theater and the downtown Coconut Grove. The point is, we're always saying, "Miami, a melting pot, the gateway of the Americas. " Well, the logical and only plan, a two -theater, we can then reach out to this thirsty -driven clientele of diverse cultures for quality productions in their own language, as it was done back in the `80s, implemented by the visionary, legendary actor, Jose Ferrer, who created the bilingual theater program that has produced regional theater in both languages, as well as intimate concerts and special events with local, national, and international artists; once again, maximizing audience capacity and revenue. The Coconut Grove definitely deserves a better plan. Happy holidays. Thank you very much. Chair Hardemon: Thank you very much, sir. Seeing no further persons, I'll close the public hearing on the PZ agenda, and because -- Vice Chair Russell: The other PZ items, I don't believe people have spoken. Chair Hardemon: Right. Vice Chair Russell: Are they going to wait until after this item -- Chair Hardemon: No, no. Vice Chair Russell: -- or is this --? Chair Hardemon: I believe everyone had an opportunity to speak. If you're here and you want to speak on any other PZ agenda item, I want to make it very clear that this is your opportunity to be heard. Is there anyone here that wants to speak on other PZ agenda items? Commissioner Gort: You opened it up for everybody. Chair Hardemon: Right. So seeing no other person that wants to speak on any PZ agenda item any further, I'm going to close the public hearing for PZ agenda at this moment. And so, the 5:30 time certain was for the hearing of the decision for PZ. 6, so we'll call PZ.6 at this time. I'm sure we have an appellant, sure we have an appellee; and I believe the City, as well. So what I'll do is, I'll give -- Vice Chair Russell: One last speaker, I think. Chair Hardemon: Okay. One second. I'll give the City an opportunity to make an introduction, and then the -- whoever is the appellant to make an introduction, and then the appellee. And so, in the introduction, please, just tell us what it is that you're looking to accomplish, so don't lay out your entire case; just what it is that you want us to consider and how you want us to vote on this matter. You can give us some -- of course, some reasoning for your decision-making that we should consider, and then we'll go back into the substantive argument and have an opportunity to City of Miami Page 21 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 cross-examine witnesses, if you want to, or any rebuttal, or anything of that nature, okay? Ma'am, I'm going to extend the public hearing just for you, okay? Sally Stern: Pardon? What? Chair Hardemon: I'm going to extend the public hearing just for you, okay? Ms. Stern: Thank you. Chair Hardemon: You're very welcome. You have two minutes to address this body. State your first name, your last name, and you may state your address, but just tell us what it is that you're here to discuss. Ms. Stern: I thought I was going to be called, so I waited But anyway, I am -- my name is Sally Stern. Did you say my address? Chair Hardemon: If you may; you don't have to. Ms. Stern: Okay. Well, then I won't. I'm here -- Chair Hardemon: I tried to help you, Sarah [sic], but it didn't work out. Ms. Stern: -- to support the preservation of the Coconut Grove Playhouse as it exists, but preserve the interior and exterior. I've grown up in Miami, and I have seen the destruction of our community. Miami Beach, Coral Gables is pretty good; South Miami. I think it's imperative that we keep the character of our City. I've already traveled down that block just on the way to this meeting, and it is unbelievable. There's hardly anything left. The old Taurus is a big monstrosity. Everything goes out of business there. The -- Coco Walk is going out of business. Mayfair is not doing well. I don't know if it's all closed. There's -- this newness is not necessarily better. I mean, if Paris decided to tear down the Eiffel Tower because it's from the 1800s, I don't think that would be a good decision. We need to keep the character of this city, and we need to allow the public funds to be used for things that are for the public; not for a private theater group. The theater group isn't important. They can be hired after the theater is preserved. But I'm definitely against a five -story garage. It's very ugly, and I'm not even thrilled about the new version. We need to keep things at eye level. Coconut Grove does not need to be another Brickell. And I pray and hope that you all will preserve the character of Coconut Grove and the City of Miami. Thankyou very much. Chair Hardemon: Thank you very much. Mr. Mayor, you're recognized. Mayor Francis Suarez: Yeah. I'll be very brief. I just didn't -- I missed this in my introductory comments. PZ.22, which is the Ransom SAP (Special Area Plan). Ransom is an incredible institution in our community that has been educating our youth for decades, and I just wanted to voice my support for that application, for their mission. I've had an opportunity to meet with -- I guess it's their headmaster. Is it the headmaster? Yes. And they're doing not only wonderful things as an institution and an educational learning institution, but they're also doing things to reach out into the community, into the Coconut Grove community; and so, I commend them for that. I support them in their efforts, and I want to continue working with them to reach out to the West Grove community that they provide many scholarships to, and that they have many programs that address some of the needs in that community. Thank you. Commissioner Gort: Okay. City of Miami Page 22 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 PZ.1 ORDINANCE Second Reading 1049 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1247 SOUTHWEST 4 STREET AND 1244 SOUTHWEST 3 STREET, MIAMI, FLORIDA, FROM T4 -L, "GENERAL URBAN TRANSECT ZONE - LIMITED", TO T5-0, "URBAN CENTER TRANSECT ZONE - OPEN"; ACCEPTING THE VOLUNTARY PROFFER OF A RESTRICTIVE COVENANT RUNNING WITH THE LAND; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Notes for the Record. Item PZ.1 was continued to the January 25, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.1, please see "Part B: PZ -Planning and Zoning Item (s). " PZ.2 ORDINANCE Second Reading 1909 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING Planning ARTICLE 1, SECTION 1.5, ENTITLED "DEFINITIONS 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes For minutes referencing Item PZ.2, please see "Part B: PZ -Planning and Zoning Item (s). " City ofMian ni Page 23 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 PZ.3 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: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Notes for the Record. Item PZ.3 was deferred to the January 11, 2018, Regular Commission Meeting. For minutes referencing Item PZ.3, please see "Part B: PZ -Planning and Zoning Item (s). " PZA 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 AMENDING ARTICLE 1, SECTION 1.2 ENTITLED "DEFINITIONS OF 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: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Notes for the Record. Item PZ.4 was deferred to the January 11, 2018, Regular Commission Meeting. For minutes referencing Item PZ.4, please see "Part B: PZ -Planning and Zoning Item (s). " City ofMian ni Page 24 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 PZ.5 RESOLUTION 3113 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, Planning AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, AYES: ZONING AND APPEALS BOARD, THEREBY DENYING OR ABSENT: GRANTING VARIANCES PURSUANT TO ARTICLE 5, SECTION 5.3.1(E); ARTICLE 7, SECTION 7.1.2.7(A); AND OFFSTREET PARKING GUIDES AND STANDARDS OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A RELAXATION OF THE SIDE AND REAR SETBACKS IN T3-0 AND REDUCTION OF PARKING AND GREEN AREA AS FOLLOWS: A) SIDE SETBACK (EAST) OF 3'10" (5'0" REQUIRED, REQUEST TO WAIVE 12"); B) REAR SETBACK (SOUTH) OF 5'10" (20'0" REQUIRED, REQUEST TO WAIVE 142"); C) PARKING OF 3 SPACES (4 PARKING SPACES REQUIRED, REQUEST TO WAIVE 1); D) REDUCTION OF THE REQUIRED FIVE (5) FEET YARD OF GREEN AREA AT THE EAST SIDE OF THE PROPERTY LINE, WHEN THE DRIVEWAY IS ADJACENT TO A PROPERTY LINE: PROPOSED 2'3" (REQUIRED 5'0", REQUEST TO WAIVE 2'9"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 1772 NORTHWEST 30TH STREET, MIAMI, FLORIDA. ENACTMENT NUMBER: R-17-0623 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Gort, Hardemon, Carollo ABSENT: Russell, Reyes Note for the Record. For additional minutes referencing Item PZ.5, please see "Public Comment Period for Planning and Zoning Item(s). " Commissioner Gort: PZ.5. Chair Hardemon: PZ. 5. Commissioner Gort: PZ.5, go. Chair Hardemon: Please, present PZ (Planning & Zoning) -- Francisco Garcia (Director, Planning & Zoning): Yes, thank you. Item PZ.5 is before you as a resolution, appealing a set of denials for variances requested for a property at 1772 Northwest 301h Street. I'll read quickly into the record what those variances are for. They are for the side setback on the east. The setback provided would be three feet, ten inches, where the required setback is five feet. The rear setback on the south, the setback provided will be for 5 feet, 10 inches, where the required setback is 20. The parking requirement, which is presently four parking spaces, provided will be three spaces, so their variance will be for one space. And in addition, a reduction of the required five foot green area next to the property line, it will be from the property line in the driveway, which will be reduced to two feet, three inches. I will say briefly into the record that the existing structure, which does not comply with the applicable setbacks as described, would also not have complied City of Miami Page 25 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 with the setbacks available under the previous zoning ordinances. And what the applicant is before you attempting to complete is a permit for construction after the fact for some additions made to the original structure without the benefit of permits. In order to be able to process those permits and receive approval of those permits, these variances would be required; without them, they'd have to demolish part of the structure and bring it into compliance. Our recommendation is for denial, as was the recommendation of the PZAB (Planning, Zoning & Appeals Board). Commissioner Gort: Mr. Chairman, this is my district. And if you look at the back information you have in there, you can see that the back of the setback in the backyard, it goes into a parking lot. The lots behind them is a large lot, which is the affordable housing -- three buildings of affordable housing, so I don't have any problem. I talked to the neighbors; I don't have any problem with making --Move it for approval. They've been at it for over seven years, working on this, trying to bring it up to corrections. Chair Hardemon: So you're approving the -- you're granting the appeal. Commissioner Gort: Yes. Chair Hardemon: Okay. It's been properly moved to grant the appeal of -- It's been properly moved to grant the appeal, reversing the decision of the Planning, Zoning & Appeals Board. Is there any unreadiness? Well, that's the motion; the Chair seconds it. Is there any further discussion with that motion that's on the floor? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Unidentified Speaker: Thankyou very much. Have a good evening. Chair Hardemon: You're welcome. PZ.6 RESOLUTION 2170 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY BARBARA LANGE Department of AND KATRINA MORRIS, REVERSING/AFFIRMING THE DECISION Planning OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL WITH CONDITIONS OF THE SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE PARTIAL DEMOLITION OF AN EXISTING STRUCTURE, THE RECONSTRUCTION OF A THEATRE, AND THE NEW CONSTRUCTION OF A PARKING GARAGE WITH RESIDENTIAL UNITS AT THE INDIVIDUALLY DESIGNATED HISTORIC SITE KNOWN AS THE COCONUT GROVE PLAYHOUSE, LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI, FLORIDA. ENACTMENT NUMBER: R-17-0622 City of Miami Page 26 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, NAYS: Carollo, Reyes Notes for the Record: A motion was made by Commissioner Reyes, seconded by Vice Chair Russell, and was passed unanimously, with Chair Hardemon absent, to grant standing to Barbara Lange and Katrina Moss pursuant to Code Section 17- 8(b), for Item PZ. 6. A motion was made by Commissioner Carollo, seconded by Commissioner Reyes, which failed by the following vote: AYES. Commissioner(s) Carollo and Reyes; NAYS: Commissioner(s) Hardemon, Russell and Gort; to continue item PZ.6 to the January 25, 2018, Planning and Zoning Commission meeting. For additional minutes referencing Item PZ. 6, please see "Public Comment Period for Planning and Zoning Item(s). " Vice Chair Russell: How much time do you need for your intro remarks, please? Lowell Kuvin: I'm sorry, Commissioner? Vice Chair Russell: How much time do you need for your introductory remarks? For your remarks, how much time do you need? Mr. Kuvin: I don't know. Vice Chair Russell: I'm just keeping a -- keeping track on how things are going. Mr. Kuvin: Not a problem. 15 minutes; 10, 15 minutes? Vice Chair Russell: Not a problem. Shouldn't -- then we'll hear from the appellate side and then -- okay. Mr. Kuvin: Not a problem. Vice Chair Russell: Yep. Mr. Kuvin: My name is Lowell Kuvin. I represent the appellants. Basically, what we're looking for here today is for this Commission to vote to overturn the issuance of the Certificate of Appropriateness that was issued to Miami -Dade County, involving the Coconut Grove Playhouse project. There are basically five issues that you'll be hearing about today. The first issue is whether Barbara Lange and Katrina Morris have standing on this appeal. The second issue is going to be whether the Playhouse Historical Designation Report is flawed, and that it should be remanded back to the HEP (Historic and Environmental Preservation) Board to be amended; three, whether the County's HEP Board application was incomplete; and Number 4, whether the resolution was supported by substantial and competent evidence, given that three historical preservation experts testified that the interior of the Playhouse is historically significant; and that last, whether allowing the County, as a developer, to argue that more historical to allow -- would then allow them to demolish 90 percent of the Playhouse. The documents you should have in front of you were submitted on time, and you should have the April 19, 2017 appeal letter; you should City of Miami Page 27 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 have the County's June 18, 2017 response, as well as the November 28, 2017 reply by the appellants. With me today to further testify as an expert is Richard Heisenbottle, who'll testify regarding historical significance of the Playhouse. He will testify on whether the County's application was complete or it was incomplete. Mr. Heisenbottle's an architect, and he practices in Miami -Dade County and throughout the United States. He's submitted numerous applications to the HEP Board, and as a matter of fact, he was a member of the HEP Board for 10 years. He's also been the chair of the Historical Preservation Board in Coral Gables, and he held that position for two years. Standing. Do my clients have standing? The County argues that my clients don't have standing because they're not adjacent property owners; however, that's incorrect. The historical preservation ordinance does not define what an aggrieved party is. Both of my clients spoke at the April 4 hearing; you have their testimony. I've supplied it to you as part of my rebuttal, my reply to the County, and it's in the November 28 letter. The County cites to a case called Renard. Renard is not controlling here for this board, for this Commission. What is controlling is Florida Statute 163.3215. The City also looks to a case -- in regards to Renard, that case also is not controlling. What the case that the City should look towards is a case called "Split." It's part of the November 28 letter. It actually gives you a comparison of Renard, as well as 163.3215. That's where the City should look. Chapter 3 -- Chapter 23 encourages participation of people in the community. It tells them to come to the HEP Board hearings, to sign up, and to speak. If the HEP Board was not going to allow people to have the ability or the standing to appeal, they would not have encouraged people to come and speak. Number 2, the Historical Designation Report is flawed. I'm going to give you a little brief synopsis. Lynn Lewis, who is -- sits on the HEP Board -- on May 2, 2017, at her subsequent -- at the subsequent meeting brought this subject up and discussed it, and thought that it was important to enough to make it a discussion issue. They discussed whether they would be able to -- excuse me, gentlemen -- amend the Historical Designation Report, and they agreed that they would be able to. And in fact, Miami -Dade County agrees that the HEP Board has the authority to amend the Historical Designation Report. But why would they amend the Historical Designation Report? Richard Heisenbottle, an expert in historical preservation, will be able to tell you how the Historical Designation Report was flawed. Please, Richard. Richard Heisenbottle: Thank you, Lowell. And thank you, Commissioners. And good evening, Commissioners. And welcome to the two new Commissioners, who I've not had a chance to address at this -- in this room at this dais -- in the case of Joe in quite some time, but welcome back. Commissioner Carollo: Thank you. Mr. Heisenbottle: For the record, my name is Rich Heisenbottle, FAIR (Fellow of the American Institute of Architects), and I am a preservation architect with offices at 2199 Ponce de Leon Boulevard, in Coral Gables. I'm here today as an expert witness for the appellants, Barbara Lange and Katrina Morris, sitting over here to my right, to object to the City of Miami's Historic Preservation and -- Environmental Preservation Board's granting what amounts to a Certificate of Appropriateness for demolition for all but the front facade of the Coconut Grove Playhouse, based upon, among other things, a completely inadequate COA (Certificate of Appropriateness) application. In April -- I believe it was April that we had the HEP Board hearing -- I stood here in front of the HEP Board, along with two other experts in the field of historic preservation, Steven Abdicoff (phonetic), AIA, a Columbia University, Master's Degree in historic preservation, graduate, with a national practice in preservation. I stood here with Rick Gonzdlez, an award-winning preservation architect, who, as president of the Florida Trust for Historic Preservation, and the current vice chairman of the Florida Historical Commission, to object to this COA City of Miami Page 28 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 application. During that presentation, we presented clear and competent evidence to the board that the project, as proposed by Miami -Dade County, did not meet: One, the Secretary of the Interior Standards for the restoration and rehabilitation of historic structures, the primary guidelines for any historic preservation board review. And additionally, we testified that while the County had submitted for -- what the County had submitted for review was a grossly inadequate COA submission; only what is, in truth, a master plan; without, among other things, the requisite existing and proposed elevations, among a long list of items on the normal checklist that Warren would review as a preservation officer. Those old checklist of things were missing. This was an application that should have, in our opinion, been denied on the surface, sent back for further work. Come back next month when you have a set of plans in front of us. We went on to specifics, and the specifics of this project, as presented in the application, is basically that it does not conform to the Secretary of the Interior Standards for Rehabilitation. That is what the board votes on. That's how they make almost every motion that they make at the Preservation Board; it conforms/it does not conform. Well, this particular product, as proposed, does not meet Secretary Standard Number 1, that the property would be used as it was historically, or be given a new use with -- which requires minimal change to its distinctive material features, spaces, and spatial relationships. It does not meet Standard Number 2, the historic character of the property will be retained and preserved. The removal of distinctive materials, alterations, features, spaces, and spatial relationships and characteristics should be avoided. Heck, they're tearing it down. Of course, none of those relationships work. Number -- Standard Number 4, changes to the property that have acquired historic significance in their own right should be retained and preserved. Not much retaining and preserving going on here. Number 5, distinctive materials, features, finishes, construction techniques, or other examples of craftsmanship that characterize a property should be preserved. Number 6, deterioration -- deteriorated historic features will be repaired rather than replaced. When the severity of deterioration requires replacement of a distinctive feature, a new feature will match the old in design color, texture; and where possible, materials. Replacement of missing features will be substantiated by documentation and physical evidence. Well, no one is trying to -- in this particular case, is submitting anything that even tries to replicate things that are missing that may need to be replicated. Number 9, new additions, exterior alterations, and related new construction will not destroy the historic material features and special relationships and character of the property. The new work will be differentiated from the old, and will be compatible with the historic materials, features, size, scale, and proportion and massing to protect the integrity of the property and its environment. We don't have much protecting of the property and its integrity or its environment in this scheme. So as proposed, this product will result in the loss of integrity of nearly the entire building. The entire interior of the building will be replaced with a new building, with a complete loss of the interior organization, loss of everything but the front facgade, or the interior of the front portions of the building. In addition, the historic theater space, where the activities that make this property significant occurred would be demolished, and constructed as a new building. The property would no longer be eligible for listing on the National Register of Historic Places for its significance as a theater. Now, it is not surprising, therefore, that I and the other two expert witnesses that we brought before the board should say this, but it's also not surprising that when we look at -- when the County submitted the proposed drawings for review to the State of Florida Historic Preservation Ojfice in support of a grant request that they received a similar rebuke from the State Historic Preservation Officer, Dr. Timothy Parsons, in November of this year. I quote: "What is proposed is not allowed under this grant program. " Well, my friends, that is exactly what should have been said by our HEP Board. They should have said, "What is proposed is not allowed under the Secretary of the Interior Standards and the requirements of Chapter 23 of the Miami City Code. " However, distracted by the surrounding issues, such as parking and financial feasibility and missing some of City of Miami Page 29 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 the board members that day, they actually caved in and they approved the COA that does nothing more than pave the way for a massive demolition project. They ignored the professional testimony, the evidence, rather than rejecting the application on its face as incomplete. The historic Coconut Grove Playhouse, we all know, was designed by one of the most renowned architectural firms of the day, Kiehnel Elliott, in 1926. From its early beginnings as a paramount movie theater, it went on to become a premier center for dramatic theater, and served our community for more than five decades. Elliott's masterpiece, since the original auditorium, with its elaborate plaster work, still exists; although much obscured by plywood ceiling panels, added in the 1950s. The County justifies demolition of this by calling it a restoration, as if we couldn't see that only the front facade is being restored. The report prepared by George Hernandez states that Kiehnel and Elliott's work within the building has been eradicated. Your word, George, not mine. This is simply not the case. And I call it a flawed, an inadequate Historic Designation Report, because it makes no reference to the elaborate proscenium arch, other than to offer a casual mention to a handful of interior elements. You can correct the mistakes of the HEP Board, and ask staff to revise the Designation Report, to include the interior of the building, which includes these exceptional architectural, artistic, and historically important elements, such as the proscenium art, such as the twisted columns, such as the lower leaf and crown moldings. And by siding with the appellants here and rejecting the application for the Certificate of Appropriateness that they approved, which is really a Certificate of Appropriateness for demolition, and remand this back to the board. Commissioners, there are literally thousands of successfully restored historic theaters throughout the country, from Broadway to Main Street, and the Coconut Grove Playhouse deserves to be one of them. Thank you all very much. Chair Hardemon: Thank you very much. Sir, so I'll -- Mr. Kuvin: Just a few more. Chair Hardemon: A few more what? Mr. Kuvin: Just a few more points to go through. Chair Hardemon: Okay. I expected this to be your opening statement so you -- for you to give us some brief -- to tell us briefly what you wanted us to come to the conclusion for. Mr. Kuvin: Absolutely. Chair Hardemon: And what you did was you went further more into your case in chief, and so I want you to understand that I'm going to consider all that he stated as your case in chief, but he has -- The appellee has every right to cross-examine this witness. So the question is for the appellee --I'm not sure who you are or where you are. Is there a need to cross-examine this witness that was put forth? I see the appellee waiving her ahead "no, " so we'll allow you to move forward, but this is part of your case in chief. Okay? Mr. Kuvin: Okay. Very important, Point Number 3, the County's application was incomplete. One of the things that you're going to hear the County say, many times when they get up here -- and they said it many times throughout this -- our meetings is, "We're going to have to go back." And what that really means is, "Our application was incomplete, and we're going to have to complete the application with the HEP Board." I'm holding up right now here, which is part of the documents that I supplied you with, is the HEP Board application, the parts that were left unanswered, which are significant. They did not provide architectural plans and elevations, showing existing and proposed work. What did they say? "We'll be City of Miami Page 30 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 back." They did not include materials page that showed photos of all the proposed materials, such as doors, windows, and roofing. What did they say? "We'll be back. " They didn't show any paint chips; what color was it going to be painted. They said, "We'll be back. " For the new construction part, which they proposed, they didn't provide any architectural plans and elevations. Again, they said, "We'll be back. " Material specifications page and details as required, "We'll be back. " Paint chips again, "We'll be back. " Landscape plan, once again, "We'll be back. " Photos of showing of existing buildings are left unchecked, "We'll be back again for that." If you read the application itself, it plainly says that incomplete applications will not be accepted. The application was incomplete. This board should remand this back to the HEP Board with the mandate saying -- the special instructions of saying that the COA should be withdrawn, it should be void as a matter of law, and that the HEP Board should demand that the application be complete in the very beginning, and that it should be submitted, and that it -- if the HEP Board wishes to, they can go ahead and amend the Historical Designation Report; that would be up to them to whether they wanted to do that, or whether it was significant. They found significant items inside. And just the last part, and why that really is so important is because what we're making people do when we allow people to submit incomplete applications to the HEP Board is we're requiring our citizens to miss work, to come in on numerous occasions, to then speak and speak and speak about missing items. Architectural plans. "Sorry, I have to miss work today. I have to come back and meet with the HEP Board or speak on that. " Next, include materials page, paint chips, material specifications pages. "We'll be back, we'll be back, we'll be back. " They're requiring all of the citizens of the City of Miami and Miami -Dade County to comeback time and time again. The last part --and I think it's most significant from a lawyer's standpoint -- is that when do you appeal? My clients contacted me, and we decided to appeal the first instance that we had; although, no historical -- no plans had been submitted. The architectural plans could be something that my clients like. I don't know. But the problem is, is that if you don't appeal the first time and you wait till the second time or the third time or the ninth meeting, and you say, "Wait, wait, wait. I don't necessarily think I like this, " the first argument that is going to be made is, I'm sorry; you missed your time to appeal. " The time to appeal would have been the first time. That's why the HEP Board requires that a full application be submitted every time, and that they have the chance -- the citizens have the chance to review that application, as well as all the plans that go along with it. So what I ask is you remand this back to the HEP Board with the instructions that the HEP Board make sure that the plans -- the application is complete, and that they then go through the proper process. Thank you very much. Chair Hardemon: Thank you very much. Mr. Heisenbottle: Well, if you would -- since it's not my role as consultant -- allow us to distribute and add to the record photographs of the interior elements of this building that are historically, architecturally, and artistically significant, and to illustrate how that -- how they might look both today and in a restored state. Chair Hardemon: Make sure you give a copy to the opposing counsel. Mr. Kuvin: And while they're doing that, I can let you know that I personally have gone into the inside of the Coconut Grove Playhouse, and I've seen what it's like, and it's not in disrepair. There are no caved -in concrete walls. There are no -- There's one instance of spalling that I've seen. I've actually reviewed the architectural -- I'm sorry -- the engineering plans for the building, the engineering study that the County did. And I implore you that if you do have questions about the viability of this building, to ask your staff to ask for those plans and the engineering reports and to review them yourselves so you can have that knowledge firsthand. Thank you. City of Miami Page 31 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Thank you very much. I would like to have the appellee approach the lectern. It's so much easier if we do this thing the way that we kind of prescribe it, which is in a couple of minutes, tell us what it is that you're here to do and put on witnesses to bring testimony, because it's -- I'll put it as my statement here. Put on witnesses so you can put on testimony that we hear, and in the end, of course, make the argument that you want to make. And I say that because it becomes very challenging for us as board members to know, well, what are the facts and what are not the facts? If everything is argument, it becomes very difficult for us to kind of manage that -- the fact-finding way of life that we need to do here, so -- But what I'd like for you to do is, first, two minutes, just to tell us exactly what you're here to do, and then I'll let you get right up to your case in chief once you move into that, and then it appears that I'll give just a short time for some rebuttal and then closing statements. Michael Spring: Thank you, Mr. Chairman and members of the City Commission. My name is Michael Spring, 111 Northwest 1st Street, Miami, Florida. I serve as director of the Miami -Dade County Department of Cultural Affairs, and as senior advisor to Mayor Carlos Gimenez. So Mr. Chairman, with your permission, we will need about 20 minutes for my introduction and for our expert witnesses to offer their testimony tonight for our presentation. I'm going to make some very brief opening remarks, and then we have a brief video that I want to show you. George Hernandez, our historic preservation architect, will speak; and then to close for us, Eddy Kirtley, our attorney from the County Attorney's Office, will speak. So to be very focused, this appeal is about historic preservation. We're going to provide you with convincing evidence supporting the HEP Board approval of our plan for the Coconut Grove Playhouse. But first, I think it's really important to provide you with a few facts of how we got here tonight and about our cultural goal as background for this important project. In 2006, the Coconut Grove Playhouse closed as a result of millions of dollars of accumulated debt. In early 2013, the State, who owned the property, took it back and essentially put it up for sale. Florida International University offered to partner with the County to rescue the Playhouse; and as a State institution, FIU had the first opportunity to request custody of the Playhouse. After multiple public approvals by the Board of County Commissioners, FIU's board of trustees, and the Florida Cabinet and Governor, FIU and the County became co - lessees in January of 2014. Now, the lease that we entered into with the State had very specific and detailed requirements for our work on this project. The lease specified that our partnership would be with FIU, GableStage, and the Miami Parking Authority. It specified the development of a 300 -seat theater, it required us to commit $20 million of County bond funds for the project, and it -- and we made as a condition of the lease, our goal to respect the history of the site and develop a Twenty -First Century theater. These very specific conditions were detailed, discussed, and approved at public hearings and meetings. We competitively hired an all-star design team, led by Coconut Grove -based Arquitectonica, with noted historic preservations architect, George Hernandez, and we've worked very closely with your staff as our preservation research and the design carefully developed. Earlier this year we appeared before your Historic and Environmental Preservation Board on three separate occasions to ensure that we were working closely with them from the beginning of the design. We relied on their expertise and your existing approved Designation Report for our work. Your staff advised us to come forward with an application for a Certificate of Appropriateness for our project at the very beginning so there'd be no surprises, so that we put before them what our intentions were, and there was adequate opportunity to have this dialogue with City staff. Your Historic Preservation Board, after an extensive public hearing, voted 4-1, with the explic -- to approve our plan, with the explicit condition that we would come back later with the full design. There were no surprises. These were the motivations and the results of our work. So in a few minutes, you're going to hear from George Hernandez about City of Miami Page 32 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 our priority of understanding and respecting the historic status of the property. I want you to know that the Playhouse is the historic home for theater in our community, and our goal is nothing less than to create an outstanding regional theater for Miami. Some of the greatest regional theaters in the country are products of partnerships between theater companies and universities. Our partnership with FIU will pay dividends in training students and creating jobs. So we're on the path to breathe life back in the Playhouse and to return it to its place as one ofAmerica's great centers for the theater arts. We have broad support from the community to get this done. With our application or with our response to the appeal, we've submitted a letter for the record from Jorge Perez in support of our project, and he's written as a Grove resident, as a great art supporter, and as a businessman. He came here to City Hall for the Playhouse town meeting that was held here recently and made a public statement in support -- strong support of our plan. We have a beautiful project that's on its way right now. I respectfully urge you to support your HEP Board's decision, deny the appeal, and help us return great theater to Coconut Grove without delay. So thank you. We now have the three- minute video that I mentioned to you that shows the highlights of what happened to the Playhouse over the years. Mr. Kuvin: If I may, just for a moment? Chair Hardemon: Not at this moment. Not at this moment. Let us get through the video and -- Note for the Record: At this time, an audiovisual presentation was made. Mr. Spring: I'm sorry; we didn't interrupt. Chair Hardemon: And counselor, for the record, I'm going to overrule your objection. This video, to me, is the same thing that was passed on to us as what it was or what it is and what it could be, so I'll (UNINTELLIGIBLE). Mr. Spring: Thank you, sir. Allow me to introduce George Hernandez. George is a respected historic preservation architect and a member of our design team. He's going to provide you with a brief summary of the great work being done to celebrate and preserve the history of the Playhouse. George Hernandez: Good evening. George Hernandez, 337 Palermo Avenue. Thank you very much for this opportunity. I will speak briefly about the history of the site and the preservation issues that are involved here, and speak specifically to the question of integrity and preservation. Some of this may be repetitive, because you've heard it before, but it needs to be said to set the stage. The building -- this building has graced the corner of Charles Avenue and Main Highway since 1927, when it opened on New Year's Day as a silent -screen theater. It is and has been the image, identity, and corner of this corner of Coconut Grove for 90 years. Designed by Richard Kiehnel, of Kiehnel and Elliot, this is a stellar example of a 1920s Mediterranean revival architecture. It is a locally historic site. The three-part composition of this plan, of the original plan, is distinctly articulated. The front building in its entirety -- not just the faqade, but the entire front building -- is here colored in blue. It was then followed by a crescent-shaped lobby, which is coded in green; and finally, along the sequence of the access, the auditorium, which is here coded in purple. The auditorium -- the three phases can very clearly also be distinguished in this aerial shot. The auditorium included certain interior features, like the four bay arcades of Solomonic -- commonly called "twisted" -- columns, flanking the doubled proscenium arch, one layer of which is shown here. Sadly, this interior has been substantially reworked and has lost its integrity. Significant alterations made over time have eroded the authenticity of Kiehnel's original City of Miami Page 33 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 interior. The site's history and the archeology of its changes over time can best be understood in four chapters. They areas follows: The first one, from 1927 to 1955, is the Kiehnel Silent Screener Era; the second time -- the second chapter, from 1955 to 1977 -- `76 -- I'm sorry -- is the period associated with Engle and with Alfred Burning Parker and went live stage production. Those are the significant historic chapters. The third chapter is when the theater went into management from a nonprofit -- from a series of nonprofits, which had increasing difficulty, until the theater finally closed in 2006, and it has remained shuttered ever since. In 1955, Coconut Grove businessman, George Engle, purchased the old movie house, and hired mid-century modern architect Alfred Burning Parker to remake it. After 1977, in the third chapter, due to mismanagement, the nonprofit entity closed. Engle's vision was for a great dinner theater at a grand scale. He had Parker block up the storefronts and turn the focus inward to produce generous social and dining spaces; the first change from Kiehnel. Parker compressed the original auditorium by one- third. That's Parker's -- that's a rendition of Parker's original auditorium, so if you can imagine that compressed by one-third -- and later projected a mezzanine which encroached an additional third into that space. The original floor was raised up three feet with concrete, changing that relationship for better site lines for live theater. As a result, the classical columns were sunken into pits and then later removed altogether. A new perforated sheet metal rear wall was -- indiscriminately abuts decorative grills. Also, the vaulted ceiling was cut into for lighting and catwalks, and then obscured by a painted plywood paneled ceiling for better acoustics. The double proscenium arch was artificially defaced -- was partially defaced, and decorative fountains were strangely sunken into the new raised floor levels. I will show you a series of progressions that show the change in the volume of this, the original room sequentially. That is the original Kiehnel room. Here's the raised floor, which is three feet of added concrete, obscuring the original floor. The back wall was moved over by one-third of the volume of the room, further articulated with the perforated metal, which you'll see; then the panels were dropped into, and the original vault ceiling were cut, and then -- and if you look at the arches, only a third of them remain on the rear wall. And then finally, this is the only photograph I've seen from my research that shows a view back into that hall. You can see the discontinuity of that back metal perforated wall and Kiehnel's original Mediterranean architecture, pieces of which remained on the site. Vice Chair Russell: I have a question. Mr. Hernandez: The result was neither a Kiehnel nor a Parker. Chair Hardemon: Excuse me one second, sir. We have a question for you. Mr. Hernandez: Yes, sir. Vice Chair Russell: Sorry to interrupt. If you can go back one slide, please. -- Mr. Hernandez: Sure. Vice Chair Russell: -- just for clarification. Sothis wall that was put in eliminated the seating that would have been behind the wall, but the razing of the concrete also changed the articulation of the seating so that that concrete is kind of what -- the top of that is where the seating would have to end the way it's currently situated with the concrete, correct? Mr. Hernandez: I don't understand the question. Vice Chair Russell: The concrete goes up more steeply now -- City of Miami Page 34 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Hernandez: Yes. Vice Chair Russell: -- and then it levels off where there used to be seating to make a larger lobby. Mr. Hernandez: I have an illustration that I think could answer the question more clearly. Vice Chair Russell: Thank you. But my question was, how many seats in this photo, for example, remain in front of that wall at that point? What was the --? Mr. Hernandez: There were 1,100 seats in Kiehnel's original theater and 800 until the mezzanine would -- being after the compression -- until the mezzanine was added later, which restored the original 1,100 seats on two levels. Okay? But we have an image that I think will do that. The result is neither a Kiehnel nor an Elliott, but a space of architectural compromise. Parker ruined Kiehnel's interior auditorium. That's the picture that prompted, I think, the question. And there is an image of the mezzanine projecting over it. That picture, as you see, was not in this original photograph. That's 1955 opening night, no mezzanine, but you see that rear metal perforated wall and the kind of collision with those arches on the side. This is post '77, with Parker's mezzanine projected. That diagram might answer your question, Commissioner. The line in red shows the original strake of the movie house floor. The blue profile shows all that was filled in by Parker, and the blue silhouette shows the intrusion, first of moving the wall forward by one-third and then the mezzanine by another third. To make matters worse -- oh, I'm sorry. In the space left over by shortening the auditorium chamber, Parker inserted a series of interiors for drinking and socializing, and dining. These spaces were more finished than the auditorium, and could clearly be linked to Parker's hand that they do not clearly represent the mastery of his work, of the -- (UNINTELLIGIBLE) of his work. These -- this is the bar, of which is the only color picture. In the `60s, colors were still rare. Here is a picture of the dining room by Parker, inserted in the front building and in other spaces. This is a picture of the lobby. That was the result of compressing the auditorium by a third. This large lobby, which was used first for entry but also for dining, was the result of that. And here is an example of Parker reworking the remaining columns at the back of now the lobby space. These interiors are accommodated in and around thick Mediterranean archways, as is pictured here, with classical columns, which are antithetical to Parker's architectural language. They do not represent Parker's mastery. Their integration was never completely resolved. Witness the Solomonic columns relegated to the stalls of bathrooms. To make matters worse, then these interiors -- Parker's interiors from the `50s were ripped out later after 1977 by expediency and poor stewardship. This bar is now this space. That dining room is now that space. This lobby with the fountain --there was a fountain there -- is gone, and those false Mediterranean arches are from the '80s, which people confused with the architecture of Kiehnel from the `70s -- I mean, from the `20s. A false Mediterranean pastiche indeed has replaced them. Kiehnel's interiors and Parker's interiors are simply no more. These color -coded plans will show that is Kiehnel's original auditorium. The blue is everything that Parker effected in the entire project. Then after 1977, many architects that worked on small projects erode it even more. This is the documentation by the architect name Richard Schuster of those changes. He did some changes himself in the `80s. This is a combination of what Parker effected from Kiehnel's, and what Schuster and others in the `80s effected from Parker. As you see, virtually every part of this theater has been changed. The County plan began with preservation and preservation research, some of which I have shared. I reviewed the 2006 Historic Designation Report, written by Ellen Uguccioni, which states, quote, "That only the front fagade is significant. I wanted to delve deeper. I wanted to test that conclusion. I wanted to search for more to preserve without engaging in speculative reconstruction or City of Miami Page 35 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 edification of a false history. " And this is important, because all of the criteria that you heard about the Secretary of the Interior's Guidelines and Standards rely and hinge on the fact that you must prove that the building retains its integrity. If the building does not retain its integrity, then those criteria fall away. So that's why this establishment of integrity is so important. Your -- the report, the Designation Report from 2005 got it right. You report got it right the first time. I concluded in agreeing the report that the entire auditorium and lobby spaces have indeed lost their integrity, but we are able to preserve the entire front building; not the fagade, which is set over again, but the entire building; front, sides and back, depths and functions. We committed to survey the interior of the building, as you can see that record document with all of its original features, and we continue doing so in preparation for the next COA submittal to the HEP Board. We committed to survey the interior as well. These are examples of the proscenium arch, of the concrete grills, of the cornices over the vaults, fragments of which remain. We are incorporating these into the space of the new theater, and we are reappropriating the double proscenium arch in the new auditorium space. The architectural details, playbills, photographs, film clips, and other material will be used to interpret the silent screen era, Chapter 1; and the playhouse era, Chapter 2. This interpretation will be prominently displayed in the public spaces, all of which occur behind the historic front theater. The plan you have before you tonight is a good plan. It is the right plan. It is a community plan. The site, which you see here, which has long been a barrier between the neighborhoods from east to the neighborhoods from the west, is opened up. Two planted green corridors, one of them between the theater, which is colored light and then mustard yellow, between that and the restaurant, and another one in an existing alleyway that -- we treat it as a street -- and will one day be also opened up. Two planted green corridors provide thru-block connections to pedestrians, creating a walkable place. The restoration of the entire front building complete makes the iconic image and function of the Mains and Charles corner replete with storefronts and the mix of uses, original to Kiehnel's project. By embedding the new 300 -seat theater and the fly stage at the center of the parcel, the spatial promenade of entry is restored to the site. More importantly, this new auditorium is surrounded by supporting spaces no taller than a two-story residence. This will mark a transition between the theater and its fly stage, and come down to the scale of the residential neighborhood to the west. This transition down to the residential scale of the surroundings is embellished with perimeter plantings and green spaces and with another open public space, a landscape courtyard between the new theater and the restored historic front building. The Main and Char -- on Main -- the front building on Main and Charles. No new construction will interrupt the historic silhouette when viewed from the public realm, from the streets. The 90 -year-long image and identity of the Charles and Main intersection will be fully restored; not as a facgade, but as the building that always stood there. Kiehnel's auditorium -- on the matter of integrity, Kiehnel's auditorium was gutted by Parker, and Parker's auditorium was gutted by subsequent expedient changes. The building beyond the front building has lost its integrity. In preservation, the physical footprints of history can endure, and are given meaning by interpretation and sustained use. Old buildings survive -- indeed, thrive and change -- in new ways for new generation. When it is proper to restore all or significant parts of the original fabric and sustain an original use, then the place accrues additional value. That is what this project does; it restores theater to this site and ensures its sustainability in the very place known as the ancestral home of theater in this community, and it uses preservation appropriately and creatively towards that end. Thank you. Mr. Spring: Mr. Chairman, to conclude, we have Assistant County Attorney Eddie Kirtley, and Eddie provides legal support to the County's Historic Preservation Division, and he's going to present specific points in response to the appeal. Chair Hardemon: So this isn't -- City of Miami Page 36 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Kuvin: May I ask some cross-examination questions first? Chair Hardemon: You absolutely may. Mr. Kuvin: Mr. Hernandez, good evening. Mr. Hernandez: Good evening. Mr. Kuvin: Thank you for staying so late. This presentation that you're showing us right here, was this presentation shown to the HEP Board at the April 4 meeting? Mr. Hernandez: A version of it. Mr. Kuvin: But wait a second. Mr. Hernandez: No, not in -- Mr. Kuvin: I'm asking specifically was -- Mr. Hernandez: Yes. Mr. Kuvin: -- this? Mr. Hernandez: No. Mr. Kuvin: Okay. So this is -- I would ponder that this would be irrelevant, and I would ask that it would be stricken, because this was not shown and this was not a part of the decision by the HEP Board. Chair Hardemon: It's a de novo decision today, though. So this board can decide on de novo -- Mr. Kuvin: Not a problem. Chair Hardemon: -- what facts are presented. Mr. Kuvin: I'd just like to lodge -- And the original video that you showed, was that also shown to the HEP Board that evening? Mr. Hernandez: No, no. No. Mr. Kuvin: So -- Mr. Hernandez: That video was done subsequently. Mr. Kuvin: Okay. And so do you know if the HEP Board in any way relied upon any of this information when they made their decision? Mr. Hernandez: Yes, they did. Mr. Kuvin: All of this information or apart of it? Mr. Hernandez: Not all, but a great portion of it. Mr. Kuvin: Okay. Thank you very much. City of Miami Page 37 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Hernandez: Thank you. Mr. Kuvin: I have one more question. Mr. Hernandez: Yes. Mr. Kuvin: Are you being paid by the County for your opinions? Mr. Hernandez: Yes, I'm being paid by the County for my opinions. Mr. Kuvin: Thank you very much. Mr. Hernandez: Thank you. Commissioner Gort: Who's paying who? Chair Hardemon: Right. Sir, so are you providing closing arguments, or is this -- you're also adding more facts to the --? Mr. Kirtley: I'm not presenting facts. I'm presenting legal argument from the County. Chair Hardemon: Okay. So I'll consider this to be your closing argument, then, yes? Mr. Kirtley: Correct. This is it for us. Chair Hardemon: Thank you. Mr. Kirtley: Good evening, Mr. Chair and Mr. Vice Chair, Commissioners. Eddie Kirtley, Assistant County Attorney, here for Miami -Dade County. I'm not used to being on this side of the dais, but I appreciate the opportunity to speak with you this evening. We heard a lot of people talk about in the public comment portion that they preferred Mr. Heisenbottle's plan, but that's not an issue that's before you today. What's here before you today is the County's plan. That's what the HEP Board below approved. And, really, the question that's legally before you is whether that approval was consistent with the historic designation in 2005. Before I address the merits of that issue, however, we have the procedural matter that Mr. Kuvin alluded to, and that is the issue of standing of the appellants. The appellants are engaged members of this community, and they are concerned about this Playhouse's future, as many are, and we commend them for that. But to have legal standing, they must show some injury, special and apart from that of the community at large, and they have failed to do so. They don't live next door to the property or down the block or even down the next one, and they essentially admit that, because their only response is they don't have to meet that standard. Instead, they rely upon Florida Statute 163.3215, which is irrelevant to the issues here. That is about consistency with a local government's comprehensive master plan. They also confuse the right to speak at public hearings with legal standing. Not everyone who can speak at a hearing has standing to file an application or to object. Because they don't have standing, the appeal should be dismissed. That standing issue aside, the appellants' entire challenge is based on their desire to have the City revisit and redo the 2005 designation to specifically include the interior elements of the Playhouse, some of which you've just seen this evening. But the only question before you is whether the approval below is consistent with the existing designation. Your Code does not permit you to legally revisit the scope of that designation here in this proceeding. That designation, as it stands today, governs the proceeding, and it was the starting point and guidepost for our application. There could be no question that the City of Miami Page 38 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 approval here is consistent with the existing designation, which is why your professional staff and the HEP Board below recommended approval. It is why we received the approval below over only a single dissent. Appellants have not even attempted to argue that what was done below is inconsistent with the governing designation. Instead, they say that the designation is flawed, but there is nothing flawed about that, as George Hernandez has just explained to you. The designation was correct in recognizing that the only portion of the Playhouse that retains its historical integrity is the front building, containing the south and east facades from the 1927 design. If there was any question that the interior retained more integrity, the time to deal with that was in 2005, when this matter was -- when the building was designated, and then there was an appeal taken to this board, not more than a decade later. Indeed, amending the designation here as a reaction to this application is not legal and it is not good preservation. Historic preservation serves an important role in our society, but it should not be subverted and used as a sword instead of a shield. The County has acted in reliance upon the current state of that designation that has existed for more than 10 years in entering into various leases with the State, FIU, and GableStage, processes that took multiple approvals and took much time and energy. We've also retained historic preservation experts, architects, theater consultants, and the like. We have spent considerable public resources and time to come up with a plan that is in keeping with the parameters of the existing designation, and we therefore have a reliance interest upon it. It would violate our vested rights and our right of due process to up -end the designation now to include the interior. That would also delay this plan, and it would delay the revitalization of the Playhouse, something that no one wants. For the same reason, the board should not send this back to the HEP Board and have them re -investigate whether the interior should be included in the designation. During the hearing below, indeed, the issue came up; there was much discussion about it, but it did not gain traction. One board member in particular was concerned about this, but her motion to deny our application did not get a second, and no other board member moved that the interior elements be examined. As we all agree, this site needs revitalization, and it needs it now. Our plan is well on its way to doing that. Giving appellants what they seek today will only delay that process, and it will also detrimentally tie your hands as to what you can do in the future on this project site, whether it be through our plan or some other plan. But make no mistake, the County has vowed to be a good steward of this piece of our history. We have committed to saving whatever historic elements inside the Playhouse, still retain their integrity, and to reincorporate them for posterity. This is the right thing to do; it is our obligation. Finally, counsel for appellants has gone at great lengths to argue that our application was incomplete, invalid, and that we somehow are in a rush to demolish the Playhouse. Nothing could be further from the truth. Regardless of what happens here today, we must go back to the HEP Board; counsel admitted this. The approval currently on appeal does not give us the authority to demolish anything without a subsequent approval. This approval was for a conceptual plan. We took the unusual step of doing a conceptual plan approval at your staffs urging. We did it for transparency sake. We did it so that everyone would know what we're doing before everything is done. We have gone down this road to engage the public, but apparently now, that is something to criticize us for. In closing, I want to emphasize that we obtained this approval from your appointed experts on the HEP Board. These are preservationists. These are people who care about preservation and care about this community. They overwhelmingly approved this plan that we put forward, and we ask that you honor their expertise and that you deny the appeal. Thank you. I'm here for questions, should you have any. Chair Hardemon: Thank you very much. I know you had an opportunity to close earlier. Mr. Kuvin: Yes, please. City of Miami Page 39 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Was there anything else that you wanted to add briefly before--? Mr. Kuvin: The County has stated that historic preservation is important and that they had vested rights and that you can't change that. However, I've heard that argument a lot of times. And you know when you normally hear that argument? You hear that argument when you have a developer that comes into the City of Miami and they buy an old house, and they want to split the lot. So what do they want to do? They want to tear down the house, but sometimes that doesn't happen. What happens is the HEP Board gets involved, and they force -designate the piece of property and they say, "Sorry. You're going to have to work with it as it is. We're not going to allow you to do that. " Its the exact same arguments that the County is making today. They're saying we had vested rights, and there's nothing that the Commission can do because we had vested rights. They talk about how the County and how the State has approved their plans. However, we're not here today because the State may like the fact that they're building a single -seat theater or a 300 -seat theater. What we're here today is because we're in the City of Miami, and the City of Miami has to protect its historical significant buildings and its history, and that's basically what we're here for today. They talked about that -- They didn't even rebut the fact that the application was incomplete. What they said is, they did it because they wanted it to be different, because they wanted it to be transparent. However, that doesn't change what the Code says. The Historical Preservation Code 23 says that you must present a full application. I've read to you the parts that were missing from that application, and I warned you, and I foresaw what they were going to say; and, of course, just like the County said, we'll have to come back. The application was not complete. They'd also like you to say that we're going to take out the elements inside, and we're going to reincorporate them, and now, for some reason, that building will be historical. Look at this building. It's historical. I don't see any bars or seats for people that are waiting for airplanes to travel TransAtlantic. The building itself is historical; just like the Playhouse is historical. I wasn't born a lawyer. I used to be a waiter. I used to be a waiter at one of the most famous restaurants in the United States. I was a waiter at Joe's Stone Crab. Chair Hardemon: My man. Mr. Kuvin: And I don't normally wait for a tip. But what I wanted to say was let's take a look at Joe's Stone Crab. Joe's Stone Crab has a terrazzo floor that was poured in the `30s. And if you go and you look at that floor, there's a crack down the entire middle of the floor. And where did that crack come from? It came from the fact that when they were dynamiting Government Cut in order to make it deeper and wider, it caused damage to the building. It caused damage to the floor. But instead of taking out that floor -- and I think we all realize that the Weiss family has the money to pullout the floor and to redo it --they chose not to. They chose to patch it and leave it there. And why is that? Because when you walk across that floor, you're walking across the floor that presidents have walked across; you're walking across the floor that Muhammad Ali has walked across; that probably every single mayor from this City has walked across, and that's why they kept it. And that's the heart of the Playhouse, and that's why you have to keep the building. They want to talk about, "Well, it has this feature and it has this light and it has this column, and we're taking those all out and putting it into a new building. " But that's not the heart of the building. The heart of the building, like one person said in the open comments portion, was all the people that had gone there and performed there. And when you go in there, it may not be a Twenty -First Century -- the best playhouse ever, but you're going to go in there and you're going to feel that you're sitting in the same place where famous people performed, where famous people sat and watched those performances throughout the entire history, almost the entire history of this City of Miami. That's why you have to vote to send this back to the HEP Board, for City of Miami Page 40 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 whatever reason that you choose; I've given you several, one that remained unrebutted. Send it back to the HEP Board. Let them be the custodian of what's significant on the inside and what's not significant on the inside. Thank you very much. Chair Hardemon: Thank you very much, counselor. So, at this time, discussion amongst the board members. Francisco, you have something you want to add? Francisco Garcia (Director, Planning & Zoning): Thank you, Mr. Chair. Very briefly, I think that all the relevant substantive issues have been framed correctly and well; and so, you have before you the information you need to consider this further. I thought, for the sake of clarity, I would add to the record -- and I know this is part of the written record that you have -- but for the sake of clarity, the three last conditions of the HEP Board's approval of the special Certificate of Appropriateness I think are very relevant, and I'll read them very quickly. Condition Number 11, no demolition permit will be issued until the plan comes back to the HEP Board and is approved. Condition 12, the concept -- and I emphasize "concept" -- that is being approved in this plan is in concept only; their redundancy, not mine. The HEP Board has the purview to require different configurations, heights, setback, et cetera, for the development of each individual building. And Condition Number 13, all buildings will come collectively in one application to the HEP Board, which is to say, the special Certificate of Appropriateness was issued with a full understanding that there were no vested rights granted with it and that the entire application would come back to the HEP Board before final action would be taken. To the extent that this Commission wants to enhance, modem, or add information to the record, the HEP Board will be considering it again before any demolition permit or any final permit for construction is issued. Thank you. Chair Hardemon: Thank you very much. Discussion. Vice Chair Russell: Thank you. Mr. Chairman. Chair Hardemon: You're recognized, Mr. Vice Chairman. Vice Chair Russell: Deep breath. Thank you all. I think -- let's take a moment first to talk about what we have in common. Everyone here, no matter what T -Shirt you're wearing, if you were to take it off and we'd look at each other and say, "We want this Playhouse to come back. We want theater in the Grove. We want to restore it, " and where we get lost is in the details. But if we remain on looking at where we are in common, the front building -- the eyebrow, as it's called -- none of us are in disagreement. Everybody here recognizes and agrees that the facade and entire front building -- the apartments, the offices, everything that goes back to that first wall -- needs to be preserved and restored, including the fenestration. It's a good thing. We're not fighting about that, and that's very important. Then the details come into play, and we have some differing plans here. I'd like to start by commending both sides. And the County's intention is correct here in trying to do everything they can to bring the parties together, find the funding, do the historic preservation. In their opinion, that is the best we can do with the money that we have that will be successful and be viable. I don't think we should demonize that. I also don't think we should demonize the advocates, the residents, the stakeholders who want to seethe full preservation. Whether or not that is physically viable or financially viable, the spirit is to save as much of this building as we can. The hardest part about being an elected official is making hard decisions, and it's something I always wondered if I ever wanted to do this, why I would, because no matter what decision you make, you're going to make somebody angry, so the easiest thing here is to kick it to somebody else to make that decision, and kick the can down the road. We are not going to do that tonight. So someone's going to leave here City of Miami Page 41 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 upset with me, whether it's a stakeholder or a resident or a preservationist or an architect or somebody. If this Commission agrees with the direction I hope we go, someone's going to be unhappy. But tonight is going to be a very important night, because when that theater is complete in whatever form it is, you're going to look back to this night and say, we stopped waiting, we stopped kicking the can, and we made a decision, and we moved forward. You've heard of "demolition by neglect. " We're not neglecting; we're paying attention. What we're having here is demolition by debate, and we can debate for months and months more and that building will be gone. We can't wait for another storm. We can't wait for hearing after hearing and appeal after appeal. We need to make the best decision we can, pull together the finances we can, and move forward. So the first step I think we need to do is establish the standing of the appellants. And if that's appropriate, Madam City Attorney, I'd welcome an opinion on that. From what I've heard this evening, there's an argument for and against standing? Victoria Mendez (City Attorney): Based on -- you know, in zoning matters, we've opined in the past that, usually, an aggrieved party is somebody who's right next door, is within 500 feet, is definitely more aggrieved than any other person in the community. Here, for HEP reasons, though, it's a little different, when the Code really doesn't define who an aggrieved party is. But in this case, you have a facility where it's of great communal import, important to the community. Both appellants do live in Coconut Grove, in close proximity to this facility. I would say, in a zoning context, they may not have standing. However, in this type of appeal, they could arguably have standing because of the difference of the facility; the fact that, you know, they can attend the facility; that they want to see the facility preserved; that they live in close proximity. And obviously, this is all based on their written appeal letter. I can't confirm all that, but their -- you know, they've been under oath. Vice Chair Russell: We've studied it. Ms. Mendez: So it's something that definitely the Commission could grant standing if they are so inclined, based on that. Vice Chair Russell: Do you need a motion in order to grant standing? Ms. Mendez: Well, I mean, deny stand -- ifyou wanted to deny it. Vice Chair Russell: To grant or deny, do you need a motion to move forward on that? Ms. Mendez: Well, you would basically just have to say that you recognize it or, you know -- Vice Chair Russell: Well, we're a body, though, so -- Ms. Mendez: Yes. Vice Chair Russell: -- I myself, don't have that authority, so is there a motion that needs to be confirmed by the Commission to grant standing? Ms. Mendez: You can, or you can just, you know, confirm. And if there's any objection, you move on, but -- Vice Chair Russell: All right. I'm inclined to grant standing to these residents who are appealing this situation. The points that have been brought up are certainly worth looking into and studying. If there's no objection, we'll just move forward. If you'd like a motion, I'll make it, and we can look for a second. City of Miami Page 42 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Reyes: I'll second it. Vice Chair Russell: Okay, there's a motion -- I'm sorry. I'm the Chair right now, so I can't make that motion. You would like to make a motion to grant standing? And the Chair will second it. Commissioner Reyes: I will make a motion to grant standing. Vice Chair Russell: Thank you very much. The motion's been made; I've seconded. Any discussion on the standing issue? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? All right, so we've established that. Next, I really wanted to study -- and I appreciate our preservation officer, Warren Adams -- whether or not we have the ability to be discussing about the historic preservation of the back building. In 2005, when the decision was made -- This is very key, because if the back building is not historically designated, how is it possible for me, or even the Historic Environmental Preservation Board, to rule on whether or not it can be preserved or not? And so there were facts presented on both sides. And I simply would like to read the minutes from that evening, because the resolution itself can capture one sentiment if interpreted one way; but as always, you really have to go into the intent of those who made the vote to understand what that resolution -- how that resolution should be interpreted. And the preservation officer at the time, Ms. Uguccioni, who submitted the report, clarified when the report was issued, I want to make clear that my intent was certainly to include the entire building in the Historic Designation Report. When we designate historic buildings, we don't just do the envelope or what's seen from the front. It doesn't receive its significance from just being two walls. It's an entire history of what happens inside the building. " And from that point, the Historic and Environmental Preservation Board was able to make its vote, and it was a unanimous 'yes" to designate. But the question remains, were they designating just the fagade, as could be interpreted by reading the letter of the resolution, or the entire structure? And I'll read you the 'yes" votes from at least two of those who voted. Mr. Barber said his vote was `yes. " "We have to protect the integrity of the historic landmarks, even noncontributing structures that are around it, so I agree that we need to designate the whole structure and the parcel of land. " That was his vote. Chairman Parrish was the final vote, as is appropriate, and in his vote, he said, `Aly clear intent is to vote for the complete designation of the structure itself of all the sides of the structure. So with that said, I'd like to say yes, ' please. " With that interpretation of the minutes and the resolution that passed in 2005, it's my understanding that the entire structure is historically designated. It does not speak to the interior; it speaks to the entire structure and the property. And there's a lot of back and forth about the parking lot and such; but really, within the HEP Board's decision, the key part had to do with whether or not the back structure could be demolished, not immediately, but once they came back with further plans, but at least they gave their initial intent to say, "Yes, the back structure could be demolished, " and then they -- "Let's see your future plans later as they come down the road. " I don't have a problem with that partial application and that partial green light to move forward, because it did have the caveat, "You're going to have to come back to us with the more specific plans. " What I do have issue with, though, having learned what we have tonight, is the idea that the back structure is not historic. It certainly is historic. The question is, Can it be preserved? I've been through every inch of that building, and it -- and to walk in there, it scares you to think that maybe it couldn't be. It's in pretty bad shape. But to say that -- what were the words? It's - - "The only part that retains historical integrity is the front, "I don't believe that to be the case. I believe it is physically integral enough to be brought back to whatever City of Miami Page 43 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 the HEP Board decides is the state that it should be. What that -- whether it's the original movie house, the theater house, that it is possible. It may be expensive, it may be difficult, but it is possible. Now, the exterior of the back building is nothing to write home about, and that's why it's very easy to look at it and say, "That's not a historic structure; the front building is. " There's a lot of attention paid to the design; the back building is not. But here's where I think we go into the sentiment of the designation, that what happened in that building matters. And once I got past the obscene graffiti and the broken rooftop, and the flooring that I had to step over, I started seeing the elements of the history there. I picked up off the floor handwritten sheet music that was half -eaten by moths, and playbills laid around; even a sequined dress, still laid over a couch. The history is there. And there's something magic about that, that if it could be saved, it should be. So before I make a decision, let me speak to a couple more items that were dealt with by the HEP Board and that are dealt with within the appeal. The size of seats -- the size of the theater and the seats. If you're going to try to honor the historic aspect of this -- of the size of the theater, you want to try to get towards the larger theater that existed. To honor the grand Coconut Grove Playhouse with 300 seats, I don't believe it serves it from a historic perspective; from a financial perspective or a theater perspective, I can't speak to that, but from a historic perspective, it certainly does not. The garage I have concern with in terms of its scale. And from a historic perspective, if you are looking at the whole property, and your gem is the front building, the facade of that building, for a garage to overshadow that building would certainly detract from the historic -- the special character of it and making it the prominent piece of that site. This doesn't say that I'm advocating for a Heisenbottle plan versus an Arquitectonica plan. That's not for my decision to make. And as was brought up, it's not our job to assign the architect. And it's not really a Heisenbottle versus Arquitectonica situation here. Mr. Heisenbottle doesn't represent a party that has a vested interest in making it a specific way, so he's not -- there's nobody going to designate an architect up here or even the specific style, so I want to make that clear. And before I finalize, I really want to say that part of the historic character of this structure isn't also a very good story in the early days on the separation it created between the West Grove and the South Grove, and I think we can right that wrong a little bit, because the back of the theater that currently faces the West Grove certainly doesn't serve the West Grove, and I do see that in both -- in many of the plans that have been presented is a new life that sort of reaches out and tries to make it more inclusive. I think that should also be taken into account when discussing traffic flow and loading and unloading, which I've seen differing plans that I don't need to comment on from a historic perspective. I would like to make my Jennings disclosure, Mr. City Attorney, which is something that we do to make sure that everyone here knows that we're making this decision based on the facts we hear tonight. And the Jennings disclosure is to let you know that, yes, I have met with both sides, many parties. I've met with Mayor Gimenez. I've met with Michael Spring. I've met with Adler. I've met with the architects of both sides. I've met with Commissioner Suarez -- Xavier Suarez; our Lieutenant Governor. I've met with every Grovite every ten feet I walk on street who has an opinion on this issue. As chairman of the Coconut Grove BID (Business Improvement District), we've had presentations from Michael Eidson, who I've met with; and Olga Scott, who has also presented. And I want you to know, I don't have a preconceived notion, and I never have, and I really try to listen to everybody with a very open mind. But with that being said, it's going to be my motion to do a partial acceptance of the appeal; not sending it back to HEP Board, but with conditions moving forward, so that we keep the ball moving forward, because I believe we cannot afford to lose more time, and that with these conditions that I believe the HEP Board should have taken into account, we can move forward. And the applicants, the County will still have to come back to the HEP Board every step of the way, but I don't want us to start over from square one. So we'll -- that's my motion, and if there's a second, we can discuss it further, and we can get into the City of Miami Page 44 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 specifics of what elements we believe should be presented moving forward and what conditions. Commissioner Gort: I'll second. Vice Chair Russell: And then we can talk about the finances. Chair Hardemon: You have a seconder. First second is from Commissioner Reyes. Commissioner Gort: You have two seconders. Vice Chair Russell: Thank you. I -- thank you. You know, we have to have a realistic lens when looking at historic preservation, because we can dream all we want, but if we can't afford to do it, it's not going to happen, and it'll eventually die, but I believe the money is there. The County, having a significant investment of $20 million, is putting their money where their mouth is; and so, they're coming with their plan and their team, which is very well-equipped. The shortfall between that and the estimates for the restoration plan versus the full razing of the back structure and building a new theater seems to be an additional 20 to 25 million, if I'm not mistaken. That's a big hurdle to overcome. It's not impossible. Mr. Mike Eidson is daily fundraising for this effort. And Mayor Regalado before and Mayor Suarez have both pledged to push for a bond offering that was passed from the City of Miami. A good portion of our bonds have to do with historic and cultural preservation. This would have to go through our Bond Oversight Committee, which has not yet been formed, which we are putting together in January. And we'll be looking for a legal opinion that makes sure that we are able to expend bond funds on this project. The MPA (Miami Parking Authority), which is a City -related organization, is involved with the entire construction of the garage, as well as the restoration of the front historic building. So I believe that we will be able to do that if the will of the Oversight Committee and the Commission is there. That's 10. Then we're looking to outside philanthropy to bring in the remainder, and there is word out there that it's coming along in a healthy way, but we can't wait forever. So the conditions I would like to see come similar to what I mentioned before. I would like to see a larger size of seats, especially considering that the funding will be therefor going from the 300 seat. I believe it should not have any less than 600 seats in this theater. It can have, obviously, a black box next to it to add to that. The scale of the building, I do not believe that the garage should be taller than the theater itself. This could be accomplished by either removing a floor or by submerging a floor, which has been studied and looked at in my understanding. And the garage could also be set back to a sufficient amount to keep the open sight lines down Main Highway of the theater so that the garage doesn't overwhelm the theater; and that -- you know, not to a historic perspective -- could also activate that front sidewalk in front of the garage for sidewalk cafes or dining, and I've seen that in some of the plans. I'm trying to make sure I don't forget anything that I've scribbled down this evening under my thoughts. Obviously, interior preservation of the Solomonic columns, the proscenium, the various fixtures, as was intended, but the goal is to preserve more so the interior structure, where all the magic happened. Now that doesn't mean structures cannot be built beyond and outside, and even above that. That just means that shell is what we're going to try to preserve and not fabricate from scratch or replicate. I do believe in modern attachment to historic structures. You see this in your Europe, and it actually works. It actually fits. Commissioner Gort: You see it all over. Vice Chair Russell: You don't have to do an Epcot Center reproduction of a historic building if you're trying to build something next to it. It can fit together and be modern. So I'm in no way downplaying the architecture prowess of the City of Miami Page 45 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Arquitectonica team, who have come up with some amazing plans, and obviously are iconic within the City. I'm simply talking about the preservation of the shell of the historic theater, because if we don't, we could not with a straight face say, "Welcome to the historic Coconut Grove Theater. " We could only say, "Welcome to the historic Coconut Grove lobby. " And I think that's important that we carry that pride. I know this is not what everybody wanted to hear here. I know that there is a plan in hand that's ready to move. I know there's funding for that plan that's ready to move, so this would set it back a little bit, but I'd rather us do it right than do it fast. And I've spoken with Mayor Gimenez, and I know he's open, but it's all about funding. And if the funding's not there, it all falls apart. So I'm going to put a 100 - day limitation with which to find the pledges for this funding, whether it comes from the City, whether it comes from philanthropy. And if that doesn't take place, then it will be remanded back to the HEP Board to decide what could happen from there, because other than the -- There are some things that I would like to see survive, whether or not that hundred -day funding is found, including, for example, height of the garage, scale of the garage, and I believe we can even still do preservation. But the size of the theater, if we don't have the funding to do it, we got to put our money where our mouth is, but we're moving forward, we're moving forward, and we'll preserve as much of the building behind as possible, but that's my motion. Chair Hardemon: Just -- it's been properly moved and seconded. But for clarification, so this is being -- the appeal is being granted in part and denied in part? Vice Chair Russell: Yes. Chair Hardemon: And so I'm trying to understand what those moving parts are, so I wrote down -- part of it was more seats than were identified. I wrote down 300. Commissioner Gort: From 300 to 600. Rafael Suarez -Rivas (Assistant City Attorney, Supervisor): A minimum of 600 seats, Mr. Chair. Chair Hardemon: Right, but the -- what's currently there -- I'm not sure what's in the plan, because I heard different numbers. As I understood, there were originally 1,100 seats; a third of those were removed; I think reduced down to about 700 seats. And then the second balcony was added, which restored it to an original 11 -- at least -- restored it to a number of 1,100. But that balcony is not original. It -- as from the facts that are put on the -- put before us, it basically defaced what was the existing Playhouse. And so, if you remove that balcony -- say that balcony is removed, you have 700 seats. So was there a plan to reduce the number from 1,100 - - from 700 to less than 500? Vice Chair Russell: The current plan is 300. Mr. Garcia: Yes, sir. The plans that were approved in concept Chair Hardemon: Right. Mr. Garcia: -- by the HEP Board considers the demolition of the structure and the creation of a new structure that would have roughly -- and I think the testimony today was between 300 and 350 seats. Chair Hardemon: Got it. Understood, understood. Yeah, I agree with you. I agree with you. The number should be closer to what was originally in the theater, at least -- well, closer to what was originally in the theater. The scale of the garage shorter City of Miami Page 46 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 than that of the theater, I think that's a no -brainier. Preservation of columns, those columns are there -- I'm sure they're therefor structural soundness, I'm assuming? Mr. Suarez -Rivas: Preservation of columns and other selected elements that would be maintained in the restoration work. Chair Hardemon: But does that mean that what was taken away from the theater, if you will, the seats -- when the wall was put in the back of the theater, and then the fountain was added, and then the lobby was expanded upon, all those things, does that mean that we can do -- that can be done away with and the columns will still remain intact? Mr. Suarez -Rivas: Yes. I believe the -- the Commissioner will clarify, but I believe it's to retain those elements, but in whatever way is appropriate, the elements. Chair Hardemon: So those seats can be, say for instance, be added to the back of the theater to --? I guess a better way to say -- Vice Chair Russell: Where the fountain ended up being or -- Chair Hardemon: -- to be restored to the original theater? Vice Chair Russell: Yes. And the pieces that I feel are worth saving are exactly the ones that the County identified; the only difference is their plan was to remove them, preserve them, raze the building, build something new, and put them back in. So in this particular case, if we're trying to preserve the original shell, those items would simply stay where they are or, you know, be restored, and place the Solomonic columns, the proscenium arch, the cherubs, and -- The elements that they've actually already promised that they're going to preserve, we're just elevating the level of preservation by keeping it in the original structure. Chair Hardemon: I bear witness to the historic Lyric Theater, and that is an asset that is now owned by the -- Vice Chair Russell: Black Archives. Chair Hardemon: -- Black Archives, but it was restored with the assistance of Miami -Dade County, and it is an architectural jewel in Overtown. It was expanded upon to add some more modern features. It is where we have the Southeast Overtown/Park West CRA (Community Redevelopment Agency) offices. The expanded portion of it has a wonderful courtyard, if you will, a wonderful space for gatherings and formal events, and we have lots of things there. I think it's part of the reason that you'll see the revitalization of Overtown, the entertainment that comes back into that community. But the front of it, the original theater didn't have a roof, so you can imagine the condition that it was in. So I would dare to say that this playhouse is in better condition than what the theater was in Overtown, and but for people who cared about restoring it to its original glory, it probably would be different than what it is today. And so, I completely and wholeheartedly empathize with those who are seeking to preserve a space in the way that it originally was. It's been perverted, there's no doubt about that, but I think there could be some glory in bringing it back to -- as close as you can -- to what you had before. So I'm in support of the Vice Chairman's motion to grant in part and deny in part. Commissioner Gort. Commissioner Gort: You know, there's enough people here -- we've been discussing it for hours, and we've been discussing it for years. To delay this could be a failure. I think both party can get together. More or less, we know what we want, and I think City of Miami Page 47 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 we can do it. I think it's a lot easier to knock things down and rebuild it. It's a lot expensive and -- less expensive than go ahead and to maintain what existed now. But I think somehow, you all have to get together. You heard from all the parties in here. You here in front of us. And you got enough brains out there. You got some real good architects that come up with answers. So I'll support it, too. Vice Chair Russell: One other item on funding -- and it's a little bit unrelated, because it's nothing we can guarantee on, but one other item we deferred this evening was the finding of necessity of the expansion of the Omni CRA. The Omni CRA is looking at a projected TIF (Tax Increment Fund) of almost a billion dollars over the next several years. And in the Omni CRA, we have recently purchased a historic bank building for 4.5 million, and we're investing 3.2 million in its restoration. We're also putting in almost a million dollars -- total cost, probably $1.3 -- to restore the Dorsey Library, because that's one of the missions of a CRA, is historic preservation, in addition to elimination of slum and blight. So as many of you know, one of my goals is to hopefully expand the CRA to the Grove, and that finding of necessity does include the playhouse and Charles Avenue as it ropes around the West Grove. So there are opportunities to find funding here, and I've promised Mayor Gimenez that I'm going to come to the table. I'm not simply going to try to offer restrictions without putting some skin in the game. And I think the team is an excellent team. And I think, even though this does move the goal post a little, and it does shift things a little bit, and make it little more difficult, this team can put it together, because they are very, very good, and their intention is good. And so, that's where we are. Chair Hardemon: Any further comment? Commissioner Carollo: Yes. Chair Hardemon: You're recognized, Commissioner. Commissioner Carollo: One, I'd like to make it clear that while Commissioner Russell talked about using some of that bond money that we approved recently, and there might be some money available, but I also want to make it clear that if we can use it for things such as the playhouse that we have many other playhouses, theaters in the City of Miami that we also have to look at. For instance, the Chairman mentioned the Lyric Theater; they still need money there. We have in downtown Miami, which is really our jewel in all Miami, the -- Vice Chair Russell: Olympia. Commissioner Carollo: -- Olympia Theater that we have there, and I don't know how many millions of dollars we need there, but I guarantee you, it's not a small amount. Vice Chair Russell: It's 20. Commissioner Carollo: And you talk about something historic, that's got to be the most historic piece of property that we have in Miami right now. We have Manuel Artime in Little Havana. We have the Tower Theater that, while Miami -Dade is managing for us, we still have certain responsibilities, and I could go on into other areas. So don't expect that if there is money, it's going to be a big chunk that's going to resolve the amount -- the extra amounts that I have heard here. But, you know, I personally have some problems with so many restrictions that we're placing, even though I understand that we're trying to keep the historic part as original as we can, but I don't know if Mr. Springs [sic] is still here or not. City of Miami Page 48 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: He is. Commissioner Gort: Yes, he's here. Commissioner Carollo: Can I ask him to come up to ask him a question, Mr. Chairman? Chair Hardemon: Sure. Commissioner Carollo: Thankyou. Mr. Springs [sic] -- Chair Hardemon: Oh, before you -- Commissioner Carollo: Sure. Chair Hardemon: The -- I think the Lyric Theater has about 400 seats maybe or -- Mr. Spring: About, yeah. Chair Hardemon: About 400 seats. And really, it's not enough to really have enough to properly have an event there and sell tickets at a price that's affordable for the people that live around the neighborhood, if I can -- if that's clear. Commissioner Carollo: Thank you. What would be the County's position on the approach that Commissioner Russell has presented for us to vote on? Would you -- Mr. Spring: Sure. Thanks, Commissioner. Commissioner Carollo: -- be in a position to make a statement on that? Mr. Spring: Yeah, be happy to do that. Commissioner Carollo: Thank you. Mr. Spring: So I want to address a few things and then ask for some clarification, because we're a little unclear about some of the conditions. But I would say that the County's position would be that we have a lease with the State of Florida that calls for a 300 -seat theater, and that lease took us a full year to negotiate, and there are three parties to the lease; the County, FIU, and the State of Florida. We had to demonstrate to the State that the model that we were putting forward, the 300 -seat theater, was a sustainable model from the point of view of operations, and that we had ever last dollar secured to do the work on that. We will be held to the same standards by the State this time, and I'm concerned about the delays that would be involved in going back and attempting to renegotiate a lease at this point, and prove to the State that we could do this. Beyond that, I would point out to you that 600 seats has nothing to do with the historic nature of this building. The building opened as a movie theater in 1927 with 1,100 seats; and as you heard testimony today, that seat count changed over the years, and it was never 600 seats. And so, I'm unclear about what 600 seats has to do with the issue before you tonight, which is the historic preservation appeal. So that would be my response to number one. We heard that there was an interest in preserving the shell of the existing auditorium, and I would just say to you that that shell represented the spatial relationship of a 1927 silent movie theater, and what you have today in the closed Coconut Grove Playhouse is Exhibit A" for why it never worked as a working theater. It was mutilated to try to make it work, and eventually, it failed. Our conclusion was that in order to make this a sustainable model as a working theater, we pretty much had to start over again, but part of that conclusion was, much to Commissioner Russell's City of Miami Page 49 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 point, that we are absolutely committed to saving every last bit of historic material inside of that theater. There isn't that much, but our design preserves the entire double proscenium arch; it preserves the Solomonic columns that you saw; it preserves the fountain, and it preserves the molding, and these are the elements that remain in that theater after these mutilations occurred. So I would say to you that requiring us to save the shell condemns us to investing a lot of money in a theater that still won't work as a working Twenty -First Century theater that meets Code, ADA, and safety requirements. Commissioner Carollo: Michael -- Mr. Spring: So -- Commissioner Carollo: I'm sorry. If I can stop you for a minute -- Mr. Spring: Sure. Commissioner Carollo: -- because this is a question that I always have when we have plans like that. In fact, I don't even know if it's ever been asked. And one that I forgot, the Marine Stadium. Has there been any pro formas of how much money we are to make or lose every year based on the 300; or before, on the 600, or whatever amount of seats there are? What is going to be the cost for upkeeping, for salaries, et cetera? The bottom line is, do we have any notion on your plan, how much are we going to have to put into it each year, or if it's going to break even? And on the plan that Commissioner Russell is bringing forth, I doubt it, unless that was done before, if there's any idea of how much it's going to lose every year. And where is the money going to come every year to pay for the deficits? And I mean, the City of Miami gave the Olympia Theater to a group, because we couldn't afford it. I don't know what's happened to that group, but I hear that they just keep asking money from us. So what did we give it away for? The Tower Theater, we gave it away for the same reasons. So it seems we don't learn. We give away properties, because we can't pay the deficits. And I don't want to get into another situation that, because we want to go so big, we end up not being able to pay for the big plans that we all would like. And at the same time, my concern is that instead of at least having half of the baby, we wind up having none, and particularly, from what I've heard from you in how long it's taken to negotiate with the State, and I read between the lines, that -- there might be a possibility we might lose all that State funding, and if we do, then where are we at? Commissioner Gort: Yep. Commissioner Reyes: That's right. Mr. Spring: Well, I'd like to answer the question about sustainability, because we were required by the State of Florida in our lease to provide a plan of how the 300 - seat theater would work as a sustainable operation from a business point of view, right? So -- And the Mayor's instructions to me -- Mayor Gimenez' instructions to me were, `Make sure that this works without a County subsidy. " And so, in that business plan is an operating forecast that demonstrates that. The Mayor and I had a conversation as recently as this morning, when he asked me once again, "What would happen if we went to a larger number of seats in the theater?" I pointed out to him that we have theaters of that size, and they require subsidies from the County or from whomever to operate successfully as a business entity. The South Miami - Dade Cultural Arts Center, which we built some years ago, which is roughly 900 seats, requires a $3.3 million -a year subsidy for that theater to operate successfully. Commissioner Carollo: 3.3 million? City of Miami Page 50 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Spring: 3.3 million Commissioner Carollo: Wow. Mr. Spring: These are expensive operations. And what we've put forward in our plan to the State, and we're putting forward in our request to you tonight, is a sustainable business model that works, and it's on its way, and it will be successful. And I can tell you that the Mayor called me this evening, hearing this discussion, to make sure that I told you that we -- that the Mayor does not agree with the conditions being put forth, and that the County's money -- the $20 million for this project is assured and it's in the bank, and none of these other funds are assured. And I would like to ask, just as a point of clarification, you know, if this motion were to go forward, what sort of real evidence would we need that this money was in place? Because we can't move forward on a different plan with amendments to a lease and giving different instructions to an architectural team, which will have to begin redesign of the project without knowing that this money existed in cash as soon as possible so that we don't have delays for this project. I can tell you, embedded in my question to you is a sense of impracticality of all of this in regard to moving this project forward. Chair Hardemon: So I'm looking at 2008, April 10, Coconut Grove Playhouse, 300 - seat professional theater plan, if you will. I'm assuming, this is what you're describing as the plan to finance or to have this as an ongoing asset without any assistance or any supplement by the Miami -Dade County, right? Mr. Spring: Mr. Chairman, I know what you're looking at, because I'm familiar with the cover of it. It's what was put in the lease with the State of Florida, and it -- it's what was given to our architects to begin the design, but it has evolved as the architects have designed it so that we can fine-tune it and make sure that we stay on budget. Chair Hardemon: So my question then to you is -- this is all that I have before me that kind of gives me an idea of what it will cost to run a public theater. As I understand, public theaters take supplements. You have public -- from public theaters to public museums. I mean, I can't name anything that is for a public consumption where people who come in and they produce a play, a show, a dance, a song, anything where there's enough traffic to truly pay for the -- that facility to continue to thrive. All of them, all those public facilities have -- or they should at least have friends of that public place, because they need those additional dollars. You need the private sector to come in and say, "Hey, we believe in what's going on here. We'll raise $1 million a year to supplement it " We look at what -- one of our assets that's in District 2, and this is the Perez Art Museum. This is a public facility, and it is no doubt that it needs public subsidies in order for it to move forward. Mr. Spring: And it does. It receives it. Chair Hardemon: The Lyric Theater is something that has needed public subsidies in order for it to move forward. Mr. Spring: And we fund it. Chair Hardemon: Well, you funded the -- Mr. Spring: No, we fund the operations as well. We provide operating support. Chair Hardemon: You got to tell me how much you give of that, because -- City of Miami Page 51 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Spring: I believe it's a little bit over a hundred thousand dollars a year. Chair Hardemon: Okay. So there are different -- there are all these different entities that require public support, so I just don't understand what makes this one so different. So I -- Mr. Spring: Well, I can explain that, and simply said, that the model for nonprofit organization survival is this combination of earned revenue -- as you point out, ticket sales and other earned revenue -- contributions from individuals and corporations and government support. All of them exist this way. GableStage currently applies for and receives County grants. We anticipate that that will continue through our competitive grants process. They also receive State grants, and they're very favorably reviewed at the State; and they receive private foundation grants as well. So I'm not saying that there won't be any public money in the new Coconut Grove Playhouse. All I'm saying to you is that we are not guaranteeing that money, and we have a model that allows us to do that; that allows GableStage to run it, based on what monies that they can get through competitive grants processes. I would also point out that if you look at our business plan in the lease, it assumes an amount of money that comes off of the parking garage and the related retail at the ground level. It's a little more than a hundred thousand dollars a year that we anticipate that those elements will spin off to help support the theater, and we made assurances to the State that every last dollar of the net proceeds of that parking would be dedicated to the success of the theater. Chair Hardemon: So say you're wrong. Say we build -- you build exactly what you want to build and you're wrong. Will Miami -Dade County allow this theater to fail or will it most likely supplement the operations of the theater? Mr. Spring: Well, I would prefer for you to accept the fact that I have 34 years of experience in working with nonprofit organizations and theaters, and that we have successful models of theaters of all kinds -- ones that are heavily subsidized, ones that are lightly subsidized -- and say to you that I'm willing to put my professional reputation on the record today, saying that the plan that we've put forward today will be successful, and Miami -Dade County will work hard to make it successful. That's our commitment. That's what we're doing. Vice Chair Russell: Just a brief question. Chair Hardemon: Please. Vice Chair Russell: What percentage of the revenues in your model come from ticket sales versus parking, apartments, restaurant, and retail? How does the model work? Because that's where I'm worried; that if we're minimizing the theater and maximizing the other uses in order to make it financially viable, are we actually giving up the potential of having a better theater? Mr. Spring: Well, no, Commissioner. I mean, the model that we've put forward, I said, assumes a very modest amount of money from parking. If, in working with the Miami Parking Authority, we can improve that, it just makes for more things the theater can do. They can do more education outreach, they can do more elaborate productions, and all of that. But we've put forward a very conservative model that takes what theaters do today, which is roughly half of their budgets come from earned revenue and the balance comes from contributions and, as I mentioned, grants support. We've taken that model and we've put it forward as the model for the Coconut Grove Playhouse. It's nota new model. It's a proven model. It's one that's working together for GableStage in their current location. City of Miami Page 52 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: So how many parking spaces is it in this garage? Vice Chair Russell: 500. Mr. Spring: Well, the current garage that -- the current number of spaces that are shown in the garage -- and I would ask our architectural team to correct me if I'm wrong -- I believe are approximately 400 spaces. But I believe Art Noriega was here earlier. He is here tonight. And that number may be adjusted down, because we are hearing the input from the community, as Commissioner Russell has correctly pointed out, that the profile of the garage may be too tall. And so, there -- I'm -- we're having conversations with the Miami Parking Authority right now about lowering the garage and lowering its profile. And so, those conversations and -- you know, if you want to hear from Art directly, he's here, but I'm -- the conversations we've had are about doing that. Chair Hardemon: And who would you anticipate patronizing the space? And when I say, "the space, " I mean, the entire campus. If you have a parking garage and you have a 300 -seat theater that probably won't be filled every single night of the -- Mr. Spring: Well, I want to be careful about stretching my credibility, because I've just told you I have 34 years as a cultural affairs department director and employee, but I have more limited experience as a parking expert. And so, you do have your parking expert here, but I can tell you in my conversations with Art Noriega, you know, that end of the Grove does not have parking, and we're anticipating that the businesses in the Grove, people that frequent the businesses will have the advantage of a parking garage. I can also tell you that the schools in the area are interested in day -time parking, which is a perfect complement to the theater, which will be largely nighttime and weekend parking. And so, the business model for this that Art is working on anticipates all of those uses for parking, and that's about as far as my expertise goes. Commissioner Carollo: If I may I ask one question in the area of parking and retail, which, if I heard you correctly, your business plan is showing approximately a hundred thousand of revenue from parking and retail. How many square feet of retail do you have there? Mr. Spring: So, again, I'm going to have to defer to our architects for square feet. But I would also say to you, Commissioner, that it's a modest amount of retail, because it's the -- storefronts on the existing historic front building, which are relatively modest footprints, and there's a restaurant associated with the parking garage. Commissioner Carollo: The reason I'm asking is because with constrains that have been placed on this motion, I don't know if, at all, it's going to affect in how many parking spaces you'll be able to place, and if it'll affect the amount of retail that you were planning on having. So I think we need that question answered. Vice Chair Russell: Thank you. Commissioner Carollo, if we could hear from Art Noriega, I believe the MPA will be managing the majority of that part of the business model, and so he may be able to shed some light here. Hello, Mr. Noriega. Art Noriega: Good evening. Art Noriega, Miami Parking Authority. So we have -- as Michael mentioned, we've been -- had some very preliminary discussions. Right now the current parking inventory is roughly about 450 spots. What we're looking at is actually reducing that by a couple of floors, probably taking the inventory to somewhere in that 325, 350 range. When we -- as we re -analyze -- in fact, I just met City of Miami Page 53 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 with our in-house people, and we sort of reevaluated our assumptions. The existing demand on that lot peak is about a hundred spaces. The current lot has 160 spaces. We fill about 100 to 120 at peak, but the consistent demand is about a hundred spaces. So if you take that current demand, you add a 300 -seat theater, which really runs at a one -space -per -three -seat ratio, you might need another hundred spaces. So at nights and on the weekends -- right -- basically, the demand will be 200, plus there'll be some existing demand from the retail office, which is about 15,000 square feet in the current plan. And so, a reduced plan -- and with a shared use -- and when Michael talks about schools, he talks about the adjacent five -story office building, which is currently under construction, which is under parked in terms of its inventory, they're a perfect shared use -- complement shared use to a theater operation, because they function during the weekdays -- Vice Chair Russell: Daytime. Mr. Noriega: -- during the day. Commissioner Carollo: But the bottom line, Art, would a reduced amount ofparking -- and I don't know if you'll have to reduce the retail -- can you still bring in that hundred thousand dollars that you have in your business plan? Mr. Noriega: Yeah, because, remember, size isn't the issue here; it's turns that are the issues, so it's utilization. Commissioner Carollo: I understand, I understand. Mr. Noriega: So I -- if I could reduce the garage and still get the same number of turns, which is what we're evaluating now, the numbers are even better, because the net numbers end up better. It carries a lot less -- right -- operational cost, debt, and all of that. It's just a reduced number. So the net to the bottom line is even improved. Commissioner Carollo: Sure. Vice Chair Russell: Is undergrounding an option in one of your models? Is that a possibility? Mr. Noriega: It's isn't now because of the cost. It's a significant cost. Commissioner Suarez -- County Commissioner Suarez had asked me to do that valuation for him, and I told him that one level of underground would increase the cost of the facility about one and a quarter million dollars, so that's a significant add-on to the overall debt. What we're trying to do -- the evaluation I'm doing now is a reduced height, but no underground. If we have to go underground, it'll impact that net number that we talked about, because now I have a bigger debt service cover, so -- but we haven't -- I haven 't finished that yet, so I couldn't tell you exactly. Vice Chair Russell: I know we're not coming completely out of left field, because before the actual HEP Board application, there were two parallel plans that were created by the County, if I'm not mistaken. There was a Plan "A," Plan "B"; one having a larger theater; if the funding could be generated, and that seemed to be something that the Mayor was -- Mayor Gimenez was looking to work out. If the funding were there, he'd be open to the larger theater; and so, I'm wondering if you did a business plan for that, and if it would have set you back with the State, or if that -- you know, if that second plan -- because that second plan never got proposed as an option, and that surprised me a little when we got to the HEP Board portion. I thought both plans were going to be presented at the HEP Board as an option, if the funding were there. City of Miami Page 54 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Spring: The Mayor's been very clear with me, which is present a plan that you can afford to do and that you have the money secured for. That second plan never had secured money for it, but we developed it to see whether or not there would be any traction for that. So to date, we haven't seen any evidence that there's money to build the two -theater plan; hence, it was not presented, because why would we confuse the public or the HEP Board by presenting a plan that wasn't feasible or had no money assured for it? We're really committed to moving forward with a plan that we can deliver, because we, too, feel the frustration about how long the Coconut Grove Playhouse has been closed, and we're here tonight to ask you to deny the appeal so that we can continue to move forward. We're halfway through the design of this building right now, and we really don't want to stop. We want to deliver a theater for Coconut Grove. Commissioner Carollo: Michael, could you withstand another 45 to 60 days' wait? Mr. Spring: You know, Commissioner, I don't want to appear to be unreasonable, but I have the Lieutenant Governor of the State of Florida attending public meetings and criticizing us for not moving quickly enough on this project, and I'm really reluctant to tell you that we would agree tonight to a four -- another 45 -day delay in the face of the Lieutenant Governor continuing to criticize us for not moving more quickly on this project. And I can tell you for a fact that the Mayor has told me to move as quickly as possible to deliver this project. He'd love to see it delivered by the end of his term as Mayor of Miami -Dade County, but beyond that, we want to deliver this project because this building's been closed for 11 years now, so -- Commissioner Carollo: I want to -- Mr. Spring: -- you know, with all due respect to -- I understand where you're coming from, but I would respectfully ask that we aren't delayed any further with this. Commissioner Carollo: I understand. And, you know, it's like the situation we're dealing here with. We all would like things the way that we would like them; bring the theater back to its grandeur. Forget about 600; bring it back to the thousand - plus, and all the old chandeliers and everything, the way that it used to be. That's what we would like. On the other side, the reality might be that it's impossible to do it. What I'm seeing here is that we -- we're looking at real possibility that we can lose funding. You have a hundred days that -- basically, in the motion you've made, you included that if the funding is not there in a hundred days -- Vice Chair Russell: We go back to the smaller -- Commissioner Carollo: -- bring it back. The way the motion is made right now, Commissioner, I can't support it in good conscience, even though I understand just how well-meaning you are in this. And look, years back, I was one of those that did fundraising for that theater, so, you know, I've been part of the battle to keep it. And all the friends we had, everything we did, we never had enough friends to keep it going, and this is why we're in the state that we're in today. What I'd like to propose -- and maybe you have the votes here, and don't matter, and that's fine -- is a substitute motion that would not include anything that you have here. It's just a substitute motion to defer this for 45 days to see if we could come up with funding for the plan that you presented. Bring it back in a set date, within 45 days, and if we could come up with funding for it that's realistical [sic], then, you know, we could go forward with this plan; but if not, I think we need to be realistical [sic], too. And one of the things that I think we need to look at also is have some idea of what kind of deficit we're going to be dealing with, because if not, we're could have a brand-new City of Miami Page 55 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 place, and we're going to be choking at it on the first year or two. And as I said before, we have a lot of other places that are choking us right now. Commissioner Reyes: Absolutely. Commissioner Carollo: So I -- you know, I'm discussing this now before I put a substitute motion to that effect, and I respectfully would like to get some feedback from you and the rest of my colleagues on it. Vice Chair Russell: Thank you. From a fundraising perspective, I think 45 is a little tight. From -- the word on the wind is the fundraising is going well, but the request that's been put out there by Commissioner Xavier Suarez -- and I believe he's talking with Mr. Eidson, who's doing the fundraising, and I'll be glad to help, as well, in any way that I can -- they were looking for 90 days to raise their full portion, which I believe was up to 15 million, and, you know, the claim is that they're already ha way there. Who knows? Commissioner Carollo: I'll tell you right now where he could get at least a hundred thousand or more; all the money that's he's using to come at me still, so there's some money right there he could use. Commissioner Gort: Where? Vice Chair Russell: The money he's using to come at him. Commissioner Carollo: They spend more on that in investigators alone, but anyway. Vice Chair Russell: Well can we find Commissioner Hardemon so we can vote on this item? Because -- Commissioner Reyes: Let me -- there's something I want to say here. Vice Chair Russell: Of course. I apologize. You were about to speak, Commissioner Reyes. Commissioner Reyes: You see, I've been listening to this, and it was going through my mind, the-- and Commissioner Carollo is right -- venues that we have in the City of Miami that we are subsidizing, one of them is the Knight Center. The Knight Center was -- when it was built, it was built with all the projection in this world that it was going to be a money-maker for the City of Miami, and the only thing that it has done, it has always -- it has kept us on a hold every single year. And my fear is that maybe we want to build a most magnificent theater, and I believe that we have to do something for the Coconut Grove's Playhouse, and we have to do it. We have to do it. But I don't -- my fear is that -- not as much as much money we have to build it as how are we going to keep it? How are we going to maintain? Maintenance is what really concerns me. And I have no doubt that maybe we can go around and gather a lot of contribu -- I mean, sponsors and all of that, maybe for the construction phase, but we have to be realistic, and we have to build a theater that can -- I mean, that we can keep, and we cannot drain funds every year, as we have been draining funds from our general fund to the Knight Center and other venues that we're subsidize -- I think that Commissioner Carollo's motion, it makes sense. I mean, I know that everybody in Coconut Grove wants this thing done. I really would like to see it, and I would like to go there and watch a play, but we have to be realistic. And if we -- I mean, if we start the rebuilding of that venue, and later on, it is not -- it's not able to be self -maintained, then we're going to be in another hole. And the City of Miami, many people believe, is a poor city, you see. We don't -- we City of Miami Page 56 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 are not such a rich city, as many people believe. And what I would like to see is projections, like I said; a business plan that you have, and a projection on what's the cost of maintenance; and then a projection of 10 years, for example; a 10 year projection of, if we build it, to what scale it's going to be built, how much revenue it's going to generate, and how much subsidy it's going to require, you see. Then we have to be realistic. Let's stay realistic. Let's stay realistic. Vice Chair Russell: Of course. I do have to say one thing, though. Of course, we certainly have to be careful of our expenditures and our many assets, but if we're going to do it, we want to do it right, and -- My son went to Coconut Grove Elementary, not even 200 yards from the theater there, and they have their auditorium. It's about a 320 -seat auditorium. And he can't even have his Christmas show there without doing shifts to bring the kids in, because that little elementary school can't bring all their kids in to do an assembly. That's the size of theater that we're talking about at a 300 -seater. It doesn't match with the grandeur of the Coconut Grove Playhouse. Now, where I came up with 600 -- and, you know, if we - - if the thousand had its own flaws to start with, but also it's unattainable, we know, financially, you know, is 600? And I said, "at least," because that gives us some room, you know, with the black box, with, you know, whatever is appropriate. I'm not the one to decide that in terms of where the seating goes and how. But from a historic perspective, to me, 300 seats doesn't honor the history of that theater. And so, I want to do it right to the extent that we can. I don't want to create a financial hole. None of the financing options that I've suggested create a hole in the City from the general fund. You know, these are options that aren't solid yet, whether it's the bond, whether it's the CRA, whether it's philanthropic, but they are all potentially there. Forty-five days during Christmas might be a little tough to gather it together, but I believe it's possible to put together. Commissioner Reyes: We all do respect that, Commissioner, and I hear you talking about the CRA, the CRA, and like the CRA, it is piggybank that can finance every project. The CRA has a specific function, you see. Tax increment financing has a specific project -- I mean, purpose for the specific region, you see. As a matter of fact, I was the principal economic analyst of the Overtown/Park West Redevelopment Project, where the first CRA was created, and we use TIF for the first time in the City of Miami. So I mean, CRA -- Vice Chair Russell: (UNINTELLIGIBLE) understand it. Commissioner Reyes: --cannot be like a piggybank that you can take from here and take over there, you see. It has a specific function, and I would like to keep it like that. Vice Chair Russell: Well, we don't need to have that discussion today. It's certainly not (UNINTELLIGIBLE). Commissioner Reyes: No, no, no, but we are -- you are incorporating funds -- I mean, you are suggesting that -- Vice Chair Russell: That it's a potential. Commissioner Reyes: -- we could incorporate -- Vice Chair Russell: That it's a potential. Commissioner Reyes: It's a potential that -- Vice Chair Russell: Right. City of Miami Page 57 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Reyes: -- we going to have --? Commissioner Gort: Let me add to it. The fundraising you're going to do is going to be a one time. Vice Chair Russell: Yep. Commissioner Gort: And then the projection's got to come when you go to 600 seat; what the market is going to be like, how much it's going to produce, and what it's going to be subsidized from the City of Miami, because those will not be reoccurring funds; that'll be a one-time revenues coming in. You need reoccurring revenues so we make sure that if they can't come up with the money to do that, but if we can -- also have to come up with a plan -- Commissioner Carollo: Sure. Commissioner Gort: -- that the recurring fundings [sic], they're going to be there to support that. So this is something that we can take a decision today, but then it's got to come back with a different plan. Commissioner Carollo: I'd like to make a substitute motion that we will defer this item to 45 days, the end of January; give time to everyone that wants to fundraise to see what they could have, and we take it up in 45 days. Vice Chair Russell: At the moment, there is a motion on the floor. Commissioner Carollo: Yes, there is, but it's a substitute motion. Chair Hardemon: It will supersede it. Commissioner Carollo: It would supersede that, if it's second and then voted upon. Commissioner Reyes: Well, I second your motion for discussion, but can I second on a substitute motion? Well, I will second it. Chair Hardemon: Been properly moved and seconded that we continue this item for 45 days, to allow the entities that are involved to see if there are any financing options that they could discover to help -- and that's to help with Commissioner Russell's idea? Commissioner Carollo: Yeah, with the idea that he proposed. Commissioner Reyes: The idea that he proposed, and see if it is feasible. Commissioner Carollo: What I'm basically saying, Mr. Chairman, is where's the beef? Commissioner Reyes: Yes. Commissioner Carollo: Bring it up, you know, if it's there. If it's not, then let's at least have half debate than none of it at all. Chair Hardemon: Okay. It's been properly -- Mr. Suarez -Rivas: Mr. Chairman, just for clarification. City of Miami Page 58 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Yes. Mr. Suarez -Rivas: If that substitute motion is proceeded upon, is there any specification of the amount of money and how it's to be shown by a statement, by a CPA as being unencumbered, allocated, available? In what manner should that be certified or --? Commissioner Carollo: I don't want to get that far into it. I think we're all mature enough -- Commissioner Reyes: Yep. Commissioner Carollo: -- to know what a commitment, a real commitment has to be like, and we could make that determination in 45 days. You know, if it's `:just a promise, " I think, " "maybe, " I don't think anyone here's going to buy that. We all know what real hard dollars are, so we expect that to come back in a way that is truly acceptable to anyone logical. Vice Chair Russell: Before we vote, I'd like to discuss the fact that this motion superseding the initial motion doesn't -- isn't so different in its end effect, except for tabling a lot of the elements that we would have put in place, because I was looking for conditions based on the HEP Board's original decision and the appeal, and some of those could outlive what I was looking for; a hundred -day fundraise, that would say, "Okay, these are the conditions we're going to hold to in terms of scale of garage and," you know, "the various elements, but if that fundraising comes into place, then you kick in the larger theater; if it doesn't, some of those elements we discussed stay in place, they can keep rolling; it doesn't stop us completely for 45 days. " Commissioner Carollo: Yeah, we understand that. What I don't want to do, either, Commissioner, is get somebody from the State that gets bits and pieces of what we've done, they don't understand it; and before you know it, they're threatening to pull the rug under us, the financial rug, so that's why I want to make it simple. I think we all know what we're trying to accomplish, so that's why I made it simple. Vice Chair Russell: But they could threaten the same thing just for us doing nothing for 45 days versus at least having ruled on the appeal. Chair Hardemon: So let me -- I have a question for clarification. Mr. Vice Chairman, are you saying that -- Your original motion that spoke of more seats than the 300. But you're saying that if the funding is not found, there's no funding for it, then the plan that the County has proposed can move forward, as it is? Vice Chair Russell: With the other conditions that would survive. There were certain conditions not having to do to the number of seats, which I do believe should survive. Chair Hardemon: Preservation of the columns, scale of the garage -- Vice Chair Russell: Scale of the garage. There was one -- and if I didn't mention it, I meant to -- that the line of sight from the street should not include anything hulking over the fenestration, the crenellations that detract from the historic facade. So if they do decide to build a black box on top, for example -- I know that wasn't your plan, but that was one of other plans -- but any structure on top that it set back enough so that the historic view from the front is what it always should be. So these are things that, regardless of whether that money comes, they can do, and that does speak to the appeal, it does speak to the Historic Environment Preservation Board's City of Miami Page 59 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 ruling. The only part that really comes into play -- and they had that originally in their plan -- if the money's here, we'll do this. If the money's not here, we'll do this. And if after a hundred days -- and all this goes in place and we move forward -- we can't find the money, I don't have skin in the game, and I can't hold the Mayor to a larger plan. I have to accept what he has put in place and is ready to do. And so, that's my proposal that actually lets us move forward, instead of just completely sitting on our hands for 45 days. I believe this adds forward motion to that. So I know there's a superseding and a second to that, but -- Commissioner Carollo: I don't think that we'll be sitting on our hands. I don't know if, Mr. Chairman, you want Mr. Spring to address that? Chair Hardemon: No, I don't think -- I think we've had enough discussion about the matter. I understand where you're coming from, Mr. Vice Chairman; and so, therefore, I'm ready to vote on the motion that was presented by Commissioner Carollo. Commissioner Carollo: Okay. Mr. Kuvin: Chairman, may I just have one word? The only thing that I would say is, is that I applaud you for wanting to have some -- the financial responsibility go along with this. However, I have spoke [sic] with Mr. Eidson, and I believe that after speaking with him that at least 90 days or -- would be more fair for him to raise that money to have the financial responsibility to get that money somewhere, because I know that he has spoken to many people. This project's been in the works for 12 years. We're asking for 90 days. And certainly, the Lieutenant Governor would understand that if we're asking for 90 days, and it's the appellants or the City of Miami that's granting that, that he would know that Mr. Spring would not be responsible for that. He certainly can't control what goes on here today. The sec -- Commissioner Carollo: Get that in writing for me from the Lieutenant Governor or the Governor, and I'll be happy to extend that in another motion. Mr. Kuvin: The second thing I would say is, if you could please just relinquish jurisdiction on the issue of whether the inside is historically significant or not back to the HEP Board to allow them to discuss it, and if they feel that it's an issue that needs to be addressed, that they will have a presentation on it and that they can do what they want to do on that. I know that they discussed it at their May meeting and I know it's important to them, and I know it's something that they want to address, and I feel like that they would not be able to do that if you didn't just relinquish that little bit of this particular issue that's before you today. Mr. Suarez -Rivas: Mr. Chair, if I may just respond to that. The Code does provide that interiors are designated when it's specifically included in the Designation Report; otherwise, not. And the procedures for designating are also set forth in the Code; specifically, you have to go through the same process as you do in the original designation. That's what's in the Code. That's what's required. You have to give notices. You have to have someone moving forward. You know, the City has experienced that before, and I'm just -- I just want to tell you that's what Chapter 23 requires. Vice Chair Russell: Is your suggestion that my -- one of my clauses about preserving those interior items might not be enforceable, because the interior is not considered in the initial designation? Mr. Suarez -Rivas: I thought that, as I understood it, Commissioner, you were speaking about the preservation of those items; just like many times, artifacts and City of Miami Page 60 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 important architectural features are maintained. But no, the interior, in my opinion, is not designated. Vice Chair Russell: And we agree as well. We're not trying to save the actual seats themselves or anything like that. The structure, though, in my interpretation of the original HEP Board decision, including the rear structure, is designated. The interior, it seems, is safe, regardless, because all sides want to preserve the proscenium, the Solomonic columns, and the important features that are inside, so that's not too much of a concern. Chair Hardemon: So the motion on the floor right now is Commissioner Carollo's motion. So I'll ask, all in favor of Commissioner Carollo's motion, say "aye. " Commissioner Reyes: Aye. Commissioner Carollo: Aye. Chair Hardemon: All against? Vice Chair Russell: Nay. Commissioner Gort: Nay. Chair Hardemon: I'll also say "nay. " That motion fails. So the motion then is the motion that Commissioner -- the Vice Chairman has put forward. Any further unreadiness on that motion? Hearing none, all in favor of that motion, say "aye. " Vice Chair Russell: Aye. Chair Hardemon: All against? Commissioner Carollo: Nay. Chair Hardemon: The motion passes. Todd B. Hannon (City Clerk): Chair, for the record, is that 3-2, with Commissioner Carollo and Commissioner Reyes voting "no "? Chair Hardemon: That's what it appears to be, yes. Mr. Hannon: Okay, understood. As amended. Chair Hardemon: Thank you very much. City of Miami Page 61 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 PZ.7 ORDINANCE Second 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. ENACTMENT NUMBER: 13720 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo ABSENT: Russell, Reyes Note for the Record. For additional minutes referencing Item PZ. 7, please see "Part B: PZ -Planning and Zoning Item(s). " Commissioner Gort: Next. Chair Hardemon: PZ 7 is an ordinance. Can you read it into the record, please? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Thank you very much. Before we continue on the item, I want to make a Jennings disclosure. I have met with the proponents of this land use SAP (Special Area Plan) and development agreement, so PZ. 7, 8, and 9, where they've described to me the benefits of this to the neighborhood, to the health systems, and how they want to move forward with this project. And so, I want all parties to be aware that that disclosure is being made right here on the record The Chair would like to entertain a motion to approve PZ. 7. Commissioner Carollo: Second. Chair Hardemon: Well, moved by Commissioner Gort. Commissioner Carollo: Well, I make the motion; you're going to second it. City of Miami Page 62 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Okay, that's -- that works. Moved by Commissioner Carollo; seconded by the Chair. Any further discussion on it? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Commissioner Gort: Great presentation. Chair Hardemon: Motion passes. PZ.8 ORDINANCE Second 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. ENACTMENT NUMBER: 13721 City ofMian ni Page 63 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Gort, Carollo ABSENT: Russell, Reyes Note for the Record: For additional minutes referencing Item PZ.8, please see "Part B: PZ -Planning and Zoning Item(s) "and Item PZ. 7. Chair Hardemon: Read into the record PZ. 8, please. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion to approve? Commissioner Gort: Move it. Commissioner Carollo: Motion to approve. Chair Hardemon: Been properly moved and seconded. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Commissioner Gort: Commissioner Carollo, you remember this site, huh? This goes way back with us. City of Miami Page 64 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 PZ.9 ORDINANCE Second 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 ("MJHSSAP") 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 MJHSSAP 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. ENACTMENT NUMBER: 13722 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item PZ.9, please see "Part B: PZ -Planning and Zoning Item(s) " and Item PZ. 7. Chair Hardemon: Can you read into the record -- Commissioner Carollo: That it does. Chair Hardemon: --PZ.9? Commissioner Carollo: Way back. Citv ofMiarni Page 65 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Now, Commissioner Carollo asked that some information be placed inside of the development agreement that included language that -- Iris Escarra: 12(d). Chair Hardemon: 12(d). Ms. Escarra: Iris Escarra, with offices at 333 Southeast 2nd Avenue. The copy of the development agreement that's actually been circulated includes the language that Commissioner Frank Carollo had requested at first reading to be added to the agreement, and that's included in the version that's been circulated this evening. Commissioner Carollo: You did include it? Ms. Escarra: It is included -- Commissioner Carollo: Okay. Ms. Escarra:--12(d). Commissioner Carollo: Because if not, I couldn't vote for it. Ms. Escarra: I understand. That's why I wanted to be clear. Commissioner Gort: That's why he look so surprised. Chair Hardemon: Now, you know how -- from the moment that I've come on this dais, I've been a stickler for these types of things. And because of the nature of the organization, you know, we haven't pressed you as hard as I would have pressed, say for instance, SkyRise. That goes back to the very, very beginning. So I trust with the team that you have that you will do right by that community, and all communities in the City of Miami that need the help in getting things done. There is a desire for people to work, and let's put them to it. Okay? Ms. Escarra: Understood. Chair Hardemon: All right. Is there a motion to approve? Vice Chair Russell: Moved. Commissioner Reyes: Move. Commissioner Carollo: There is, but he let you off easy. Vice Chair Russell: I'll move it. Commissioner Gort: Second. Commissioner Reyes: I'll move it. Ms. Escarra: I recognize that. Commissioner Carollo: Only 25 percent, okay. City of Miami Page 66 Printed on 2109/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Its been properly moved -- Commissioner Carollo: So moved. Chair Hardemon: -- and seconded to approve PZ.9. Any further discussion? 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 very much. Todd B. Hannon (City Clerk): As amended. Chair Hardemon: Mr. Solowsky. Jay Solowsky: On behalf of Miami Jewish and Mr. Freemark (phonetic) and myself, and on behalf of the 12, 000 people who we take care of on an annual basis, I want to thank you very much. I want to invite you all to come to the groundbreaking tomorrow at Miami Jewish at 12:30, and tell you and express how much we appreciate the assistance and cooperation that we have had. And Commissioner Hardemon, we will -- will -- endeavor to take care of everyone in our community. We are a good neighbor. We're a good employer. And we will continue for the next 77 years to do what we did for the last 77 years. Thank you. Chair Hardemon: I believe that, Mr. Solowsky. I don't think you all know this, but the day that I found that I passed the Bar, I went to have dinner at one of the fine restaurants on Biscayne Boulevard, Truluck's. Commissioner Reyes: Truluck's. Chair Hardemon: And while I'm there having drinks and food, and was celebrating, Mr. Solowsky walks up to me; said, "What's the party for?" I just found out I passed the Bar today. " That's how I met Mr. Solowsky. And so, from that moment forth, he's -- I'm sure I -- I'm sure you think about that time. And to see where we are today and how we interact, you know, it's been a pleasure. And so, I appreciate how kind you were then and how kind you are today. Mr. Solowsky: I appreciate that, Mr. Chair. And I think that that day, I also met a gospel -- I think it was Mariel Epps -- Chair Hardemon: Yes. Mr. Solowsky: -- who was sitting with you at the time -- Chair Hardemon: Yes. Mr. Solowsky: -- as well as a family member. Chair Hardemon: Right. Mr. Solowsky: And it was a pleasure to have met you then and to know you now. Chair Hardemon: Thank you very much, sir. City of Miami Page 67 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Reyes: Thankyou. Chair Hardemon: He didn't offer me a job, though. I already had one. I already had one, so that's okay. PZ.10 ORDINANCE Second Reading 3073 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING AYES: CLASSIFICATION FROM 75-0," URBAN CENTER - OPEN, TO 76-8- 0," URBAN CORE - OPEN, AND FROM 76-12-0," URBAN CORE - OPEN, TO 76-8-0," 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. ENACTMENT NUMBER: 13723 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Commissioner Gort: PZ. 10. Chair Hardemon: PZ 10. Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Item PZ10 is before you on second reading. It is -- Chair Hardemon: Read the ordinance into the record. Mr. Garcia: Thank you. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: This looks like a big presentation. Iris Escarra: This is a second reading item. If you'd like, I'm happy to make a presentation regarding it. It's the rezoning in Coconut Grove, 2850 Tigertail. This is the one where we've -- there's two rezonings; one's an up -zoning; one's a down - zoning. We've proffered a covenant to keep a portion of it as a park and a portion of it at eight stories. That was in your backup. Commissioner Carollo: What's there now? City of Miami Page 68 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Ms. Escarra: Right there -- today, there's an office building. Its a two-story office building, and we're proposing an eight -story office building. Right next to it is the vacant site. Commissioner Carollo: Two-story office building. So it's towards -- this is 28th. Okay, so it's beyond 271h then. Its in the -- Vice Chair Russell: This is in the Center Grove. Commissioner Carollo: Yeah, I was going to say Center Grove. Vice Chair Russell: Iris, do you have a zoning map there? Ms. Escarra: I do, I do. Vice Chair Russell: I think that one tells the story. Ms. Escarra: This is actually a site. When the Ritz got developed, this site got replatted into one lot. However, when Miami 21 got adopted, it bifurcated the zoning into half and half. So in order to develop on this site here -- You get to build 20 stories here, but only five stories here. So what we've agreed to do is down -zone the 20 stories to only 12, and then further restrict it by covenant to eight, and up - zone the T5 to eight stories. So now we're going to propose an eight -story building here, and here we're keeping that as a public plaza. So this is going to be an open plaza by covenant. That's in the backup. Commissioner Carollo: How much extra is your client going to receive that he wasn't allowed to by the previous zoning? Vice Chair Russell: I would actually ask the opposite question: How much is lie leaving on the table? Commissioner Reyes: That's right. Ms. Escarra: He's leaving approximately 20,790 square feet on the table that he's not able to build, and that's because of the down -zoning and the up -zoning. So -- because on the T5 piece today, there's no multiplier for FLR (floor lot ratio). So as long as you meet the 80 percent lot coverage, you can build a five -story box. So he's actually -- Basically, what they're doing is what they would have otherwise built, they're reducing it only to the three stories here and allowing for an eight -story building, and that leaves about 20,700 square feet off the table. Vice Chair Russell: I'll make the motion. Commissioner Reyes: I'll second it. Chair Hardemon: Been properly moved and seconded. Any further discussion with the motion on the floor? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Ms. Escarra: Thank you very much. Mr. Garcia: I'm sorry. Is that accepting the covenants? City of Miami Page 69 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Vice Chair Russell: Yes, of course (UNINTELLIGIBLE) revenue. Thank you. Mr. Garcia: As proffered. Vice Chair Russell: Thank you. Ms. Escarra: Both, both. Mr. Garcia: As proffered, two covenants. Thank you. PZ.11 ORDINANCE Second Reading 3076 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 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. ENACTMENT NUMBER: 13724 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: PZ 11, please read it into the record. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Mr. Chairman, I have the same question on this one. This one, definitely, there's nothing being left on the table. It's from duplex to multifamily. Can staff tell me how many units they're allowed to build out to how many potential units that they're going to? Francisco Garcia (Director, Planning & Zoning): Happy to do, sir. In this particular case, actually the zoning -- the existing zoning on the site is -- in this particular case, the existing zoning for the site does not reflect, at all, what's built on it. What's built on the site is more than would be available right now for development. What they are proposing to do with the rezoning is to actually build to T4 -R. That is actually a three-story, 36 -unit -per -acre zoning designation, which will have a development result which is roughly the same as what is there today, except in better fashion. Commissioner Carollo: It's 36 units per acre? City of Miami Page 70 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Garcia: Per acre; yes, sir. Commissioner Carollo: Which means that if they have duplex zoning now -- Mr. Garcia: My apologies; I couldn't hear you. Commissioner Carollo: They have duplex zoning in the area, from what I'm reading, right? Mr. Garcia: That is correct; except, presently, the structures that are on site are much higher than that, because they date back. Commissioner Carollo: Its grandfathered from before -- Mr. Garcia: Right. Commissioner Reyes: Yep. Commissioner Carollo: -- in other words, but it's still duplex zoning. Mr. Garcia: It is. Commissioner Carollo: If they would tear that down, what would they be allowed to build? What I don't know is how many duplex will we have here, how many lots we have. Mr. Garcia: So there are no duplex structures there presently; it is, instead, a building of another sort that dates back to an old zoning ordinance. Commissioner Carollo: Okay. So it's just one lot then? Mr. Garcia: Two lots in particular. Commissioner Gort: Two lots. Commissioner Carollo: So they could build up to four if they would tear that down, legally? Mr. Garcia: Four in each. Commissioner Carollo: Well, two and two, if it's duplex. Mr. Garcia: Oh, presently, yes, sir. Commissioner Carollo: Yeah, two and two. So it's a total offour. Mr. Garcia: Correct. Commissioner Carollo: And by us giving them -- Commissioner Gort: This is second reading, right? Commissioner Carollo: -- this up -zoning, how many units can they build in addition to the four? They're not going to build the whole 36, because I don't believe there's an acre there. City of Miami Page 71 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Mr. Garcia: No, there isn't an acre. I was trying to do an estimation of what exactly the size is. I'm going to approximately guess that there will be eight units. Commissioner Carollo: Eight units. Okay, so it's not a huge amount, even though -- I'd like for us to start setting a precedent for our accessible homes that if developers -- and I don't care who they are, whether it's big or small. Obviously, the smaller they are, the less they're going to give. If they're going to make a nice profit that we are being gracious in giving them something they are not entitled to, then I'd like for them to start contributing voluntarily, or if we have to put an ordinance that would meet legalities -- and I don't know if we can or not, but we might be able to structure one that way; but if not, certainly, they could volunteer it- -- putting a piece of their profits into a fund that eventually I hope that City of Miami Housing Authority would handle, where we could build accessible homes throughout the whole City, whether it's in empty lots that we could build single-family duplexes or multifamily that we build. So having heard that, Mr. Lago, is there anything that your client is willing to offer on the extra four units that he's getting if we approve this, or do you need time to talk to him and see what he's willing to give the City right now? Carlos Lago: Carlos Lago, with offices at 333 Southeast 2nd Avenue. And Commissioner, respectfully, your question is regarding monetary -- or you're saying a monetary --? Commissioner Carollo: Yeah; a contribution for accessible houses to the City of Miami, and, of course, that's voluntarily. We're not forcing you to do anything. I want to make sure you understand that. Mr. Lago: Okay. Well, I do want to explain that we are rezoning to T4 -R, and the Code does not require -- there's no riverwalk on the property right now, and I can show you this. Commissioner Carollo: I'm not talking about riverwalks. I'm talking that by zoning, if you would tear down whatever you have there -- and I haven't seen it -- you could only build four units. On this, you're now going to be able to build eight. Mr. Lago: Correct. Commissioner Carollo: Its -- you're not going to be making the money that the big buildings make; that we give them two, 300 extra units, and I understand that. Mr. Lago: Correct. Commissioner Carollo: Its only four more. Mr. Lago: Correct. Commissioner Carollo: But there is some profit -- Commissioner Gort: (UNINTELLIGIBLE) existing building there. Commissioner Carollo: -- that your client -- Commissioner Gort: The apartment building. Commissioner Carollo: -- is going to make, if we approve this. Mr. Lago: No. I was going to discuss a public benefit that my client is voluntarily proffering. City of Miami Page 72 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Before you get into the public benefit of it, I think that was a very revealing distinction that you made, Commissioner Carollo, when you have large numbers of units that are being granted -- Commissioner Carollo: Sure. Chair Hardemon: -- because of the up -zoning versus smaller number. So, because I realize that this is -- has been more intimately delved into by Commissioner Gort, I want to direct our attention to Commissioner Gort's comments regarding the issue, before we go any further. Commissioner Carollo: And I agree that this is small. Chair Hardemon: Right. Commissioner Gort: Let me tell you -- first, I would -- let me -- a Jennings disclosure. I did meet with Mr. Lago on November 6, talking about this project, and this will not change my mind in any way. But I can tell you that the -- right now, there's two existing building in that area. And I can also tell you, there's no more affordable housing and any density that we have in Allapattah. We have been able to build quite a few affordable housing. Matter of fact, one of the things that I like when you mention all the empty lots that we have. I've been asking, because we have an organization that called ABDA (Allapattah Business Development Association) that we building affordable housing and workforce housing for the people in the area, because we got a lot of blue collars that live within that area, and we want to maintain -- make sure they stay there; they don't have to move. At this time, this project is going to make a great difference in that neighborhood. Those building that exist there, the people are paying more or less what they're going to be paying with the new buildings, and the new buildings is kind of a new architecture that going to take place in there, pretty much like the one in Key West. So it's going to be a great program for this area here. This is a second reading. This was passed on the first reading, so I make a motion to approve. Commissioner Reyes: I'll second it. Commissioner Carollo: Just one last question: How many units do you have there now? Mr. Lago: There is a total of 20 units. Commissioner Carollo: All right. You should have said that from the beginning. Commissioner Reyes: Okay. Commissioner Gort: Why don't you show the Commissioner the rendering of the units, what they look like, and the building -- the existing building that's there at this time? Mr. Lago: So this is the public riverwalk. Commissioner Carollo: How old is -- are the buildings that you have there, approximately? Mr. Lago: There's currently 21 units, and it is a two-story building. It's multifamily. So we're actually legalizing this, because it's a nonconf)rming. Right now, under the T3-0, you're only permitted duplex or single family. City of Miami Page 73 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Carollo: When was it built, what year? Its pretty old. Mr. Lago: I'm not sure. Mr. Garcia: Approximately, 1960, sir. Mr. Lago: We don't our architect here. Mr. Garcia: The year of record is 1960, sir. Commissioner Carollo: Right. 19? Mr. Garcia: 1960. Commissioner Carollo: 1960? Mr. Garcia: Yes, sir. Commissioner Carollo: Surprising. Its fairly new, compared to some of the other structures. Just -- you know, I -- the only reason I asked that is that I wonder sometimes how in years past, especially in the `20s, `30s, `40s, how some buildings got approved in the City, but -- you know, so I figured it was one of those, but this is younger. Commissioner Reyes: Can I --? Chair Hardemon: It's been properly moved and seconded that we approve the item. I know, Commissioner Reyes, you were the second. Do you have something you want to say? Commissioner Reyes: Yes. I want to make a comment on what Commissioner Carollo said about starting a fund for affordable housing. I think that is very important. I don't know -- and correct me if Fm wrong. Whenever we approve one of those big buildings, there is -- isn't there a request of some -- of the apartments to be designated for low income or for -- is this --? Chair Hardemon: No. Commissioner Reyes: No? I think we should start some sort of -- maybe through an ordinance -- a resolution that starts something like that, and try to -- not for them to be incorporated in those buildings, but start a fund where we can start -- Commissioner Gort: Well, we have that. Commissioner Reyes: -- developing affordable housing. Chair Hardemon: So, we do have an affordable housing fund, but -- Commissioner Gort: We have it. Chair Hardemon: --there hasn't been a significant amount of dollars being put into that fund because of the advent of -- Vice Chair Russell: TDRs (transfer of development rights). Chair Hardemon: -- TDRs. City of Miami Page 74 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Reyes: Okay. Chair Hardemon: So transfer of development rights. And then also now -- I think there's also the new advent -- well, there's a potential advent of the Underline -- Vice Chair Russell: The Underline. Chair Hardemon: -- Fund. Vice Chair Russell: Yep. Chair Hardemon: And then, also the Park Fund, right? Chair Hardemon: There's about three or four different funds. Commissioner Reyes: I mean that -- Vice Chair Russell: Mr. Chairman. Commissioner Reyes: -- the affordable housing money is going towards those (UNINTELLIGIBLE)? Chair Hardemon: No. Developers have a choice of which pot they want to put the money into to generate -- Commissioner Reyes: Well, that's not what I'm saying. Chair Hardemon: -- certain benefit funds. Vice Chairman. Vice Chair Russell: We -- whatever differences we have on this dais, we are aligned in affordability. I can hear it -- Commissioner Reyes: Absolutely. Vice Chair Russell: -- in all -- in everybody's pledges in their voice, and I would welcome a sunshine meeting to workshop this. Commissioner Reyes: Yes. Vice Chair Russell: One of the things we directed earlier this year was the City Manager -- and this was a concept that I had, and I don't know if it's quite right yet, but it's on the path that I was thinking about. Any time that an entitlement is requested, it's a gift, and that's what Commissioner Carollo was alluding to. Commissioner Reyes: Absolutely. Vice Chair Russell: This is density. This is units that you didn't have before that is instantly value. You could double the value of your land by our decision right here. That's worth something. And whether it's a fund that it's placed into or an inclusionary requirement -- for example, if it's in an area of poverty or need that within the bonus units that are allotted, a certain number are affordable. The Affordable Housing Trust Fund is not utilized well enough, and I would like to recommend that we start to -- instead of letting the developer choose where his bonus monies go to that we, as a Commission, decide that which fund is most urgent City of Miami Page 75 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Reyes: Yes. Vice Chair Russell: -- whether it's parks, whether it's affordability; or even beyond that, that -- let's say the first half of their bonus could not be used for TDRs but would have to go into -- Commissioner Reyes: Affordable housing. Vice Chair Russell: -- the benefits program, including affordable housing, et cetera. And then after that, they could assess transfer development rights. Commissioner Reyes: I think that that conversation will -- we -- I mean, it's very, very important, and we must have it. And I'm looking forward with that sunshine request that you made. Commissioner Carollo: The problem that I think we have is we have some ordinance that have a lot of bark but very little bite. Commissioner Reyes: Yep. Commissioner Carollo: And any time you let developers get a way that they're going to give you `X" amount of affordable units, first of all, we don't have the enforcement mechanism, and then we don't have any mechanism that spells out clearly to them what is affordable, according to what we think is affordable. So, you know, we end up that we give them a big chunk of change; they're happy as heck; their pockets are going to be filled, but we still are left with the same problem that we have citywide. Vice Chair Russell: Yep. Commissioner Carollo: The thousands ofpeople that are living like third world. Vice Chair Russell: Yep. Commissioner Reyes: Well, that's why we're here. We should create it. Chair Hardemon: Board members, I will say that I want to push us through the agenda. Commissioner Carollo: Yeah, we need to. Chair Hardemon: We're late into the night. Commissioner Carollo: We need to. Chair Hardemon: Its been moved and seconded, PZ.11. Seeing no further discussion -- Commissioner Carollo: Call the question. Commissioner Reyes: Call the question. Chair Hardemon: -- I'd like to ask for a vote. All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 76 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 PZA2 ORDINANCE Second Reading 3077 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING AYES: 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. ENACTMENT NUMBER: 13725 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: Can I -- can you read PZ 12 into the record, please? The Ordinance was read by title into the public record by City Attorney. Commissioner Gort: Move it. Chair Hardemon: It's been -- Vice Chair Russell: Second. Chair Hardemon: -- properly moved, and seconded by the Vice Chairman. Any further discussion on the item that's before us today, PZ.12? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Carlos Lago: Thank you, Commissioners. Good evening. Chair Hardemon: Thank you. City of Miami Page 77 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 PZ.13 ORDINANCE Second 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 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 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: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Notes for the Record. Item PZ.13 was deferred to the January 11, 2018, Regular Commission Meeting. For minutes referencing Item PZ.13, please see "Part B: PZ -Planning and Zoning Item (s). " PZ.14 ORDINANCE Second 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: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Notes for the Record. Item PZ.14 was deferred to the January 11, 2018, Regular Commission Meeting. For minutes referencing Item PZ.14, please see "Part B: PZ -Planning and Zoning Item(s). " City ofMian ni Page 78 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 PZ.15 ORDINANCE Second Reading 3147 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 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: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Notes for the Record. Item PZ.15 was continued to the January 25, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.15, please see "Part B: PZ -Planning and City ofMian ni Page 79 Printed on 210912018 Zoning Item (s). " PZ.16 ORDINANCE Second Reading 3148 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 "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 WAIVING THE 18 -MONTH LIMITATION FOR REZONINGS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes City ofMian ni Page 79 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 Notes for the Record. Item PZ.16 was continued to the January 25, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.16, please see "Part B: PZ -Planning and Zoning Item(s). " PZA 7 ORDINANCE Second Reading 3074 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 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. ENACTMENT NUMBER: 13726 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: PZ 17. Let me see. Is it an ordinance? Francisco Garcia (Director, Planning & Zoning): Item PZ 17 and 18 are companion items. They are a land use change and rezoning for 1301 Southwest 21st Avenue; the City is the applicant; before you on second reading. This is for a mini park in District 4. 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: We need more parks. And there are certain areas that we don't -- we cannot acquire the amount of land for a huge park. Well, this is going to be what is called a mini park, so people can go and they can take their dogs or take the children to run or whatever, but at least have a green space -- I mean, open space with green area, and they can go out and have a good time there. Vice Chair Russell: I'll second it. Let's make a park. Commissioner Reyes: Okay. Chair Hardemon: I'll take that as a motion by Commissioner Reyes and seconded by the Vice Chairman. Any further discussion on the matter? Hearing none, all in favor of the motion, say "aye. " City of Miami Page 80 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Commissioner Reyes: Thank you. Thank you, guys. PZ.18 ORDINANCE Second Reading 3075 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 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. ENACTMENT NUMBER: 13727 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item PZ.18, please see Item PZ. 17. Commissioner Carollo: Got 18. Chair Hardemon: PZ 18, read it into the record, please. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: This is (UNINTELLIGIBLE). This is a (UNINTELLIGIBLE), not an ordinance. I move it. Vice Chair Russell: Second. Commissioner Carollo: Second. Chair Hardemon: Properly moved and seconded by two of our sitting Commissioners. Any further discussion on the matter? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 81 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 PZ.19 ORDINANCE Second 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. =1►/_C91Iiyil=1kikiki1II1i41-3=11:45IKIF& ? MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record. For additional minutes referencing Item PZ.19, please see "Part B: PZ -Planning and Zoning Item(s). " Chair Hardemon: Can we read PZ9 -- let me see -- PZ.19 into the record, please? The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Move. Chair Hardemon: Been properly moved; seconded by the Chair. Any further discussion regarding PZ.19? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PZ.20 ORDINANCE Second 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 AMENDING ARTICLE 1, SECTION 1.2, ENTITLED OF 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. ENACTMENT NUMBER: 13729 Citv ofMian ni Page 82 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Note for the Record. For additional minutes referencing Item PZ.20, please see "Part B: PZ -Planning and Zoning Item(s). " Chair Hardemon: PZ.20, 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 make the motion, and I have some discussion. Chair Hardemon: It's been properly moved, and seconded by the Chair. Recognizing the Vice Chairman for discussion. Vice Chair Russell: Thank you. On first reading, we brought up the concept that this, although intended to improve affordability, could have the unintended consequence of raising the square foot price overall throughout the City, and we were looking for Planning & Zoning to bring forth ideas with regard to affordability, to bring an element of that, and there have been some very good ideas that have hit the floor already, and they're not quite there yet, and I want to workshop them, but I don't want to slow this down, so I'd like us to keep talking about an amendment to this down the road, a change to the ordinance that would help with affordability. There was one idea that -- This allows units to be smaller but doesn't give them additional density, per se, so that if they were to bonus on density that that density would be tied to affordability, and this could create a lot of affordable units very quickly, without restricting the developer's ability to create the units. So I'll move the item at this time, but I want it to be known that I will be continuing to workshop the affordable element of the micro unit ordinance, and look forward to bringing something back soon to add to it. Chair Hardemon: 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 83 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 PZ.21 ORDINANCE Second Reading 1034 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AYES: ("MCNP") OF THE CITY OF MIAMI ("CITY"), BY AMENDING, ADDING, ABSENT: AND DELETING GOALS, OBJECTIVES, AND POLICIES OF THE TRANSPORTATION ELEMENT OF THE CITY'S MCNP AS REQUIRED BY FLORIDA ADMINISTRATIVE CODE RULE 73C-49 AND SECTION 163.3191, FLORIDA STATUTES, ENTITLED "EVALUATION AND APPRAISAL OF COMPREHENSIVE PLAN", TO INCORPORATE NECESSARY AMENDMENTS REFLECTING CHANGES IN STATE REQUIREMENTS AND UPDATING THE ELEMENT BASED ON CHANGES IN LOCAL CONDITIONS SINCE THE LAST UPDATE BASED ON THE EVALUATION AND APPRAISAL REPORT IN 2005; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR TRANSMITTAL TO AFFECTED AGENCIES; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13730 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Reyes Chair Hardemon: PZ 21, please read into the record. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion to approve? Francisco Garcia (Director, Planning & Zoning): Mr. Chair, briefly please? Chair Hardemon: Please. Mr. Garcia: I have a small amendment to introduce for this particular item. As you know and as you have been briefed, this is an overhaul, the Transportation Element of the Comprehensive Neighborhood Plan. It stands as is, and we're very proud of it, but there is, upon consultation with our consultants, one policy that we would like to amend It is now a somewhat highly technical, convoluted verbiage that includes 15 lines; we would like to reduce it to the following five lines. If you'll bear with me for a moment, I'll read them quickly into the record. This is Policy TR -- for "Transportation" -- 1.3.3, and we would like to strike the present language that you have in your ordinance and, instead, have it read as follows: "The City will require a traffic statement documenting the trip generation, site access, and (UNINTELLIGIBLE) diagram for developments and redevelopments that generate 20 or more peak -hour trips based on the latest version of the ITE (Institute of Transportation Engineers) Trip Generation Manual. Following review of the traffic statement, the City reserves the right to require a more in-depth traffic impact analysis based on location, project intensity, and existing traffic level of service. " City of Miami Page 84 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Now is there a motion to approve with that amendment that's been stated on the record? Vice Chair Russell: I think I heard a motion over here. Chair Hardemon: Yeah? Still a motion? Commissioner Carollo: Still a motion. Chair Hardemon: All right, we have a motion by Commissioner Carollo; second by the Chairman. All in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Garcia: Thankyou. PZ.22 ORDINANCE First Reading 3277 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE RANSOM EVERGLADES Planning SCHOOL UPPER CAMPUS SPECIAL AREA PLAN ("SAP") FOR THE PROPERTIES GENERALLY LOCATED AT 3552, 3575, 3695, AND 3575 MAIN HIGHWAY AND 3171, 3173, 3175, AND 3183 ROYAL ROAD, MIAMI, FLORIDA, BY ADDING AN ADDITIONAL PROPERTY GENERALLY LOCATED AT 3551 MAIN HIGHWAY, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A"; SPECIFICALLY PROPOSING A) THE ADDITION OF THE PROPERTY KNOWN AS "LA BRISA" THAT WILL INCREASE THE LOT AREA OF THE SAP BY APPROXIMATELY 302,527 SQUARE FEET (6.945 ACRES) PROVIDING A TOTAL LOT AREA OF 801,319 SQUARE FEET; B) AN INCREASE IN THE MAXIMUM STUDENT ENROLLMENT BY SIXTY-SEVEN (67) STUDENTS FOR A TOTAL OF SEVEN HUNDRED TWENTY-SIX (726) STUDENTS; C) AN INCREASE IN THE NUMBER OF STAFF FROM ONE HUNDRED FORTY (140) TO ONE HUNDRED SIXTY (160); AND D) AN INCREASE IN THE SURFACE PARKING LOT BY THIRTY-ONE (31) SPACES FOR A TOTAL OF TWO HUNDRED FORTY-ONE (241) SPACES; MAKING FINDINGS OF FACT; 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: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item PZ.22, please see "Public Comment Period for Planning and Zoning Item(s). " Chair Hardemon: PZ.22, please read into the record. The Ordinance was read by title into the public record by the City Attorney. City ofMian ni Page 85 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Before we go on, who's here representing the school; not the attorney, but is there anyone here from school, like the head of the school? Amy Huber: Yes. The head of the school, Penny Townsend, is here, as well as the chairman of the board of trustees, Rudy Touzet. Chair Hardemon: Okay. So the number of teachers that you're moving from and to, have you all -- how -- I guess over what time period do you all plan to meet that number, going from approximately -- what you say? -- 100 teachers to --? Ms. Huber: A hundred and twenty, approximately. Chair Hardemon: Right. Ms. Huber: So -- First of all, Amy Huber, with the law firm of Shubin and Bass, joined by John Shubin, 46 Southwest 1st Street, and our entire team is here. With the late our and the long agenda still before you, I just want to start by saying we've had favorable approvals at all of the lower boards. We're in favor of the -- Chair Hardemon: Get to the question. Ms. Huber: -- conditions before you. So the application allows the addition of 67 students over the next 30 years; that will be gradual. Our original SAP (Special Area Plan) that was approved in 2014, we're just in the SAP permitprocess now for the STEM (Science, Technology, Engineering, and Mathematics) building, as well as the loop. So the addition of students is not immediate; it will be very gradual over the next -- and as new students come in, then staff will be added accordingly. Chair Hardemon: So then this approval is only an incremental increase in the number of students. The way that I heard it earlier, it sounded like a more -- a larger -- it sounded like a larger number. Ms. Huber: We have the approval for up to 662 students now, and we're only at, I think, 610 students currently, and this would allow us to go from 660 to 710. Chair Hardemon: It's awesome that they can afford it. Vice Chair Russell: It's a -- yes, it was a significantproperty which could otherwise be developed much -- with much more density. The school is -- Let me start with a disclaimer at least, that I don't have a conflict, but I was a paid pole vaulting coach at Ransom a few years ago; no longer so, but I'm very familiar -- Unidentified Speaker: They fire you. Vice Chair Russell: Yes, they fired me for not jumping high enough. Commissioner Reyes: No money (UNINTELLIGIBLE). Vice Chair Russell: Exactly. So I am very familiar with the campus, as well as the programs and their participation within the community. No, certainly, this is not a very intense use of an expansion of an SAP. SAPS have become a bit of a bad word within the development world of Miami. I think this is a very good example of non - abuse of SAP, but actual use of the SAP for its flexibility within zoning; not within its maximization to every corner of every capacity. And also, I believe the -- if the applicant's willing to discuss some of the programming that they're looking to offer City of Miami Page 86 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 with the community. Some of the things that they're doing historically on the site, I think it adds to it. And I'll be glad to make the motion when they're done. Commissioner Reyes: I'll second it. Ms. Huber: So you want me to skip the presentation and just go straight to the public benefits, yes? Vice Chair Russell: Unless someone has -- because I believe there had been briefings. So if there are any specific questions anyone has about the -- Chair Hardemon: Like I said, get to the question. Vice Chair Russell: Yeah. Ms. Huber: I just want to be sure. I'm happy to do that. So, as Commissioner Russell discussed earlier, we've had a huge outreach within the community. We do blessings, and a backpack at Tucker Elementary. The Aquatic Center is used routinely by various groups. We have partnerships with other public schools that use our facilities; we use theirs and maintain them. We annually give around $5 million in scholarship money. With our public benefit statement, we are committed to adding one additional scholarship for each of your districts, so we will work with community leadership within each of those districts to try to find students to come to Ransom. Interestingly enough, we already have students from each of your districts within the school, but this is really to continue and promote that outreach to find more students from each district within the City of Miami. Chair Hardemon: And I -- Vice Chair Russell: One question. Go ahead. Chair Hardemon: -- I'll tell you, I think everyone from Ransom probably knows my history with the school. So I was a member of the first class of the exchange program that you had between Ransom Everglades and Miami Northwestern Senior High School. And I was born and raised in District 5. So just the thought that someone -- and I want to find the video from I guess our -- like our closing ceremony, and I'll make sure I give it to you, if I can find that video of when we made a presentation to the school. But just the thought that someone from a similar background as me will have the opportunity to attend the school and not have to drive a Ferrari to be able to do it is -- I think it's exciting, and to see each of the districts have that same opportunity, because you all have students just like me. It's an incredible opportunity, so I just want to say thank you for that. Ms. Huber: Of course. Vice Chair Russell: Five million in scholarships is tremendous, but that's something that you all already do out of the goodness of your heart. What new -- I believe there's a new scholarship package that was put together -- Ms. Huber: That's what these -- Chair Hardemon: -- that Milton Vickers had spoken about. Could you speak to that just a moment? Ms. Huber: Those are the five new scholarships. City of Miami Page 87 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Vice Chair Russell: Five new scholarships. And could you explain how those work? Are they -- is that five people, or is it following them from 6 through 12? How does it work exactly? Ms. Huber: So Ransom -- this application is only for the upper school, but this portion of our public benefits actually will start at middle school level, so -- because that's when students typically come into Ransom, is in 6th grade. So there will be five new scholarships given every year and we'll follow those students through graduation. Vice Chair Russell: Graduation. Thank you. That was what I was interested in understanding. Chair Hardemon: So potentially, at one given time, you could have from one district eight -- say, for instance, eight different scholarship recipients; is that how I understood that to be? Ms. Huber: Yes. Chair Hardemon: Okay. Commissioner Carollo: In other words, it's one per year to a different student, and you carry them through the term until they graduate. Penny Townsend: Yes. So each year we'll identify five new students to start in 6th grade, and that will carry them, and then the next year we'll -- and so it'll just keep building. Commissioner Carollo: Okay. Chair Hardemon: Want to make sure we're on the same page. Yeah. Vice Chair Russell: How many times? I'm sorry. That threw me a little bit. How many times? So each year there's five. Ms. Townsend: Mm-hmm. Vice Chair Russell: For how many times would that --? Just so I understand. Commissioner Reyes: Every year. Ms. Townsend: Forever. For the next 30 years, as -- go ahead. Sorry. No. They may -- it depends when the entry point is. They may not all come in 6th grade; we may find some for the 9th grade. But there is one, very special one, that Mr. Vickers knows about, and that's the Archie McNealy Scholarship, and that will be a child who starts in the 6th grade and goes right through for seven years -- Vice Chair Russell: Understood. Ms. Townsend: -- in memory of Archie McNealy, who was a student at Ransom Everglades, who died in 2013 I believe, and Mr. Vickers knows that story, but it's a very heartwarming story, and how the Ransom families gathered around him when he was very ill and really took him in while he was at Ransom Everglades, and then when he became ill. Chair Hardemon: And what's your name for the record, ma'am? City of Miami Page 88 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Ms. Townsend: I am Penny Townsend. I'm the head of Ransom Everglades. Its wonderful to meet you. Chair Hardemon: Thank you very much. Ms. Townsend: And we still have that exchange, but it's with Booker T. Washington. Chair Hardemon: Its with Booker T. Washington. Ms. Townsend: Yes. Chair Hardemon: I know you -- Ms. Townsend: Yes. Chair Hardemon: --dumped Miami Northwestern Senior High School. Ms. Townsend: And that's in February, so maybe you can come back and speak to the kids about it. Vice Chair Russell: Mr. Chairman and fellow Commissioners, this project is not without some challenge or detractors. The neighbors to the north side have had concerns, and Ransom has been very gracious to be at the table and discuss these with them, and some of those have to do with the intensity that might be created by a school now moving into what was a single-family residence, next to all of their abutting homes, and some of those concerns had to do with the buffer; if a buffer could be built between -- respecting the trees and foliage that are all there, and I believe Ransom is working with them on that, and it also had to do with the parking and lights, and traffic is certainly an issue. I believe there's been a change to the flow now and -- on Main Highway traffic has been a tremendous issue, and the schools have a big part to do with that; that the current school property will now only be for drop-off, and this new property will only be for parking; is that correct? And that's meant to really help the flow of the area; is that -- do I understand that correctly? Chair Hardemon: Can you speak directly into the microphone? Ms. Huber: So currently, if you enter the school, everyone comes into the same entrance point, whether you're a teacher, a student, or you're being dropped off. So what this does, it creates a new drop-off loop for students. This will become faculty parking, because they come in first in the morning, and then this will now become student parking, so it segregates that. So we get more cars off of Main Highway faster, and it increases onsite stacking by 76 percent. So we have a lot more ability to bring them off, keep them onsite, and then have everyone park or drop off that way. Vice Chair Russell: I received a letter today from the attorney representing the neighbors, and they mentioned that they were in support of first reading; that they weren't going to come tonight, but that they do hope to remain at the table with any remaining issues between first and second reading. And so, I thank you for working together with them. So my motion stands. Chair Hardemon: So it has -- well, I want the record to reflect there is a motion -- Commissioner Reyes: And I second it. City of Miami Page 89 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: -- and it was second by Commissioner Reyes, okay. Any further discussion on the motion on the floor? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PZ.23 ORDINANCE First Reading 3276 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE FIRST AMENDMENT TO A Planning PREVIOUSLY -APPROVED DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN RANSOM EVERGLADES SCHOOL, INC. AND THE CITY OF MIAMI, FLORIDA, EXPANDING THE BOUNDARIES TO THE NORTH BY ADDING AN ADDITIONAL PROPERTY GENERALLY LOCATED AT 3551 MAIN HIGHWAY, MIAMI, FLORIDA TO THE PREVIOUSLY APPROVED RANSOM EVERGLADES SCHOOL UPPER CAMPUS SPECIAL AREA PLAN ("SAP") GENERALLY LOCATED AT 3552, 3575, 3695, AND 3575 MAIN HIGHWAY AND 3171, 3173, 3175, AND 3183 ROYAL ROAD, MIAMI, FLORIDA FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR EDUCATIONAL USE AS AUTHORIZED BY THE RANSOM EVERGLADES SCHOOL UPPER CAMPUS SPECIAL AREA PLAN ("SAP"); THE PROPOSED AMENDMENTS PROVIDE FOR: A) THE ADDITION OF THE PROPERTY KNOWN AS "LA BRISA" THEREBY INCREASING THE LOT AREA OF THE RANSOM SCHOOL UPPER CAMPUS BY APPROXIMATELY 302,527 SQUARE FEET (6.945 ACRES) PROVIDING A TOTAL LOT AREA OF 801,319 SQUARE FEET (18.40 ± ACRES); B) THE INCREASE IN THE MAXIMUM STUDENT ENROLLMENT BY SIXTY-SEVEN (67) STUDENTS FOR A TOTAL OF SEVEN HUNDRED TWENTY-SIX (726) STUDENTS; C) THE INCREASE IN THE NUMBER OF STAFF FROM ON HUNDRED FORTY (140) TO ONE HUNDRED SIXTY (160); AND D) THE INCREASE IN THE SURFACE PARKING LOT BY THIRTY-ONE (31) SPACES FOR A TOTAL OF TWO HUNDRED FORTY-ONE (241) SPACES; 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 RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item PZ.23, please see Item PZ. 22. Chair Hardemon: PZ.23, please read into the record. The Ordinance was read by title into the public record by the City Attorney. Citv ofMian ni Page 90 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Vice Chair Russell: I'll make the motion. Commissioner Reyes: Second. Vice Chair Russell: And I have one question that I forgot to ask earlier. Chair Hardemon: You're recognized, sir. Vice Chair Russell: Could you tell me, with regard to the preservation of structures on the lot is -- what's the historic status of the structures that are there, and what's going to be preserved? Amy Huber: On La Brisa? Vice Chair Russell: Yes. Ms. Huber: So you have requested that the cottage be preserved; and so, we have an alternative plan that's been submitted and approved by staff. So if you're unable to find a not-for-profit to take and repurpose the cottage, it will remain on campus, and we've redesigned the parking in that area so that it'll stay. And then the main portion of the structure -- Chair Hardemon: Speak into the microphone. Ms. Huber: -- which is this piece here, is also being preserved. Vice Chair Russell: Thank you. Motion stands. Chair Hardemon: Any further questions? Hearing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Congratulations. Ms. Huber: Thank you very much. Have a good night. Chair Hardemon: Thank you very much. City of Miami Page 91 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 PZ.24 RESOLUTION 3257 A RESOLUTION OF THE CITY COMMISSION APPROVING WITH Department of CONDITIONS AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3 Planning OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A SUPPER CLUB IN A PARCEL WITH SPLIT ZONING (76-8-0," URBAN CORE TRANSECT ZONE AND 73-0," SUB -URBAN TRANSECT ZONE) FOR THE PROPERTY LOCATED AT APPROXIMATELY 2300 NORTHWEST 36 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-17-0624 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For additional minutes referencing Item PZ.24, please see "Part B: PZ -Planning and Zoning Item(s) " and "Public Comment Period for Planning and Zoning Item(s). " Chair Hardemon: Commissioner Gort, do you have a motion -- Penny Townsend: Thank you very much. Chair Hardemon: -- for PZ.24? Commissioner Gort: PZ.20 -- the -- they have a motion to approve, but I wanted to make sure that -- there's a lot of conditions that they have to comply with, and they have to come with the landscaping. I know they've been working very close with the NET (Neighborhood Enhancement Team) supervisor of that area and with the commander of that area, and we have a lot of the regulation that we asking; they have to keep up with landscaping and so on. And they also come up with the -- a plan for the parking and plan for the traffic and crowd control, and so on. Chair Hardemon: So those are the conditions that -- that's the conditional approval Commissioner Gort: Right. Chair Hardemon: -- if you will, right? Commissioner Reyes: Make a motion? Chair Hardemon: Okay. So I'll take that as a motion to approve -- Commissioner Reyes: I second it. Chair Hardemon: --seconded by Commissioner Reyes. City of Miami Page 92 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Vice Chair Russell: This is PZ (Planning & Zoning)? Chair Hardemon: PZ.24. Vice Chair Russell: Thank you. Unidentified Speaker: IfI may, through the Chair? Chair Hardemon: Any further discussion on the item? Francisco Garcia (Director, Planning & Zoning): Sir, for clarification purposes, is that approval with conditions, as presented? Commissioner Gort: Right. Mr. Garcia: Thank you. Chair Hardemon: Seeing no further questions, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Unidentified Speaker: Thankyou all. Have a very Merry Christmas. Todd B. Hannon (City Clerk): Is that an amended resolution? No. Victoria Mendez (City Attorney): It's the conditions as they were presented in the package. Chair Hardemon: Correct. Mr. Hannon: Thank you. Vice Chair Russell: We're almost there. City of Miami Page 93 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 PZ.25 RESOLUTION 3181 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING WITH CONDITIONS AN EXCEPTION Planning PURSUANT TO ARTICLE 4, TABLE 3 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A BAR IN A GENERAL URBAN TRANSECT ZONE (T4 -L) FOR THE PROPERTY LOCATED AT APPROXIMATELY 5300 NORTHWEST 2 AVENUE, 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: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Notes for the Record. Item PZ.25 was deferred to the February 22, 2018, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.25, please see "Part B: PZ -Planning and Zoning Item (s). " PZ.26 ORDINANCE First Reading 3186 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY "T6 Planning CHANGING THE ZONING CLASSIFICATION FROM -24A -O," "T6 URBAN CORE TRANSECT ZONE - A- OPEN, TO -24B -O," URBAN CORE TRANSECT ZONE - B - OPEN, FOR APPROXIMATELY .56 ACRES (24,700 SQUARE FEET) OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1441, 1445, AND 1455 NORTH MIAMI AVENUE;, 1412, 1418, 1428, AND 1432 NORTHEAST MIAMI COURT, AND 25 AND 31 NORTHEAST 14 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 with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: Madam City Attorney, read into the record PZ. 26. The Ordinance was read by title into the public record by the City Attorney. Citv ofMian ni Page 94 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: Going to recognize Commissioner Russell for discussion. Vice Chair Russell: Yes. Thank you very much. This is -- in the Omni District, we've been really working on T6-24, and really trying to maximize it for affordability. We've been doing it on a case-by-case basis up to now, but I really look forward to working with Francisco in doing a blanket change to T6 -24B to make sure that it creates affordability. Now, in the iterations up to now, we've been looking at rental properties, and each developer that's getting this entitlement has proffered 15 percent of the units that they create be affordable, within a spectrum. Iris Escarra: 14. Vice Chair Russell: 14, I'm sorry. Thank you. This is the first one we've encountered in that area that is actually going to be more for condo, more for sale than rental; and so, we really had to look at how that changes the affordability ratio; and so, we worked with the developer, and they've proffered a 10 percent affordability within the entitlement; is that correct, Iris? Ms. Escarra: Correct. What we've proffered is a covenant that provides that if we go with a condo model for the building that we're going to do 10 percent of our units for workforce housing. That means, we cannot sell them for more than 240,000 under today's median income. In the event that we do a rental building, because we're figuring out the market, we're going to do 14 percent, which is consistent with the other buildings, and it's all going to be integrated into the project. And this is a - - this particular project on 14th Street is proposed at 573 units. Vice Chair Russell: And could you walk through the logic of why a sale of a unit would only financially yield a 10 percent versus the 15 percent in the rental world? Why is it more expensive for you to do it on the sale basis? Ms. Escarra: Correct. So what happens with the sale is when we sell it at the 240,000, the developer is taking the hit on the entire volume that he could have sold that unit, so he could have sold that unit at an average of 375,000. So that discount is given right at the beginning, and then that unit is forever under the workforce housing, because there's a covenant that runs with that. With the rental, it's spread out over the amortization of the project, so they're renting the unit for less. So let's say the initial year, the developer loses 2, $300 on what he would have otherwise charged, and over time, you know, that goes adding up. So that's why there's a lower percentage if we do condo, because it's an immediate reduction in the valuation versus a rental; they're giving more units, but it's a longer period of time. Vice Chair Russell: Thank you. This is an area of town which you all will become very familiar with, if you're not already, as you join the Board of the Omni CRA (Community Redevelopment Agency), and here we have a -- not a blank slate, but without encroaching on single-family residences, we have an area here where we can really work on the zoning to create affordability. I'd like to really lock that into our Zoning Code instead of doing it on a case-by-case basis so we can really encourage development for affordability here. And if we don't have that formula just right yet, I'm willing to workshop it with fellow Commissioners, because the whole concept here is to encourage development and encourage affordability in a -- Commissioner Reyes: Yes. Vice Chair Russell: -- new part of town, which is not quite on the water, but it's near enough to downtown that it can be very attractive. We can really make a dent in the affordability profile of the City in this area. City of Miami Page 95 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Gort: Yeah. The main thing is the mixed use. When you have the mixed use, it works very well. Commissioner Reyes: You mean the main -- mixed use into -- including the affordability into the development? Wouldn't it work better if we get the funds and then we build affordable housing, instead of forcing the developer into incorporating a set of affordable units in their own buildings? Chair Hardemon: I like the -- Commissioner Reyes: I don't know, but in my opinion, that's a conversation that I think we should have. Vice Chair Russell: Give them the option, sometimes. Chair Hardemon: Yeah. Commissioner Reyes: You see -- Chair Hardemon: I think both can work. I like the idea -- Commissioner Reyes: Yeah, both can work. Chair Hardemon: -- of having workforce housing in our -- in buildings that would only be accessible to those who had lots of money. There's an entity that's being -- a building that's being built right now that has an -- I guess, for lack of better words, ectoskeleton that is a world-renowned artist or world -renown -- Ms. Escarra: Zahahadi. Vice Chair Russell: Zahahadi. Chair Hardemon: Yes. -- who passed away, and none of you combined can buy into that business. Ms. Escarra: "Us. " None of "us. " Commissioner Reyes: Come (UNINTELLIGIBLE) -- Chair Hardemon: I know who I am; none of you. Commissioner Reyes: I'm talking about efficiency; not about a social thing, but I'm talking about efficiency. Which one will be more efficient if --for us, and where we can have the biggest bang for the buck? Chair Hardemon: Well, I know that -- and if they're being built, it's coming -- Commissioner Reyes: That's right. Chair Hardemon: -- and -- Commissioner Reyes: I don't know. Chair Hardemon: -- you can have affordable (UNINTELLIGIBLE). Commissioner Reyes: It's something that we can -- City of Miami Page 96 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: But I think both work. Vice Chair Russell: There is a blend, and I would just like to chime in on that. The developer certainly would love to just pay into a fund and let us develop offsite; that's the most convenient for them, but I really want to see our city integrate more. I really believe, you know, we're a step short of inclusionary zoning at the moment, but we're starting to talk about things like that where we really want to see not only mixed use, but mixed income within developments, and where done correctly, it can blend beautifully, where you don't feel -- Otherwise, we're creating areas of poverty. Commissioner Reyes: No, it doesn't mean that. It means we can build another building next to them, you know. I mean, it's -- Chair Hardemon: Won't be able to afford it. I don't think you'll be able to afford it, but -- Commissioner Carollo: Where is that exactly in the map? Ms. Escarra: On this particular map, it's the two yellow sites. So just to give you an orientation -- Vice Chair Russell: West of the Arsht. Ms. Escarra: -- over here is the PAC (Performing Arts Center). Commissioner Carollo: Right. Ms. Escarra: Right? This is Biscayne Boulevard over here. This is the City cemetery. So this is over off of 2nd Avenue. There's two sites. One of them abuts the fire station, the Omni's office, the fire station; and the other one is off of 17th Street, just north of Canvass, a building that's currently under construction. Vice Chair Russell: What are the pink squares, Iris? Ms. Escarra: Those were the previous T6-24Bs that this Commission approved. That's the Mellows developed. Vice Chair Russell: So, within the last year, those three have been approved, and they're going up incredibly fast. How many units of affordability have we created in those through this mechanism? Ms. Escarra: Within these three, 251 units; already, about 92 are going online in the first building, which is Square Station. So just to let you know, we start here with a covenant and a commitment. We go through an extensive process by the time we're actually building. We have to go through Community Development. There's another covenant that gets restricted, where we assign the specific units; there are special caps. When people go to rent, there's a mechanism where we have to go to Community Development. They have to verb that the tenants that are coming in qualify not only for the income, that they have to be a meet a certain income, but the rents, also. Vice Chair Russell: So that's already two -- Commissioner Reyes: But define -- could you please define "affordability"? How much are you charging per month? Vice Chair Russell: These are workforce, so they're not truly affordable. City of Miami Page 97 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Ms. Escarra: These are -- Commissioner Reyes: Okay, but that's different than affordable. Vice Chair Russell: These are at the higher end (UNINTELLIGIBLE) affordability. Commissioner Reyes: Okay. Chair Hardemon: But I want to make a very important statement. Workforce housing is affordable housing for many people. Commissioner Reyes: Yes. Chair Hardemon: And you have young professionals that need a place -- Commissioner Reyes: Yes, yes, yes. Chair Hardemon: -- people that work for our City that are priced out of the low- income housing, and they're certainly priced out of the downtown or Brickell or any of those other areas, and they're not ready to purchase housing in our communities - Commissioner Reyes: Yeah. I do understand that, but -- Chair Hardemon: -- and so, they need a place. Commissioner Reyes: But, you see, what will be the workforce housing -- how much will it be if they going to rent it? Ms. Escarra: 1,832. Commissioner Reyes: 1,880. Ms. Escarra: For the one bedroom. Commissioner Reyes: That's right. Ms. Escarra: And then it goes up (UNINTELLIGIBLE). Commissioner Reyes: That is workforce, but we need -- we are in dire need of rent that the very -- the -- much lower than that. Commissioner Carollo: For a one bedroom? Chair Hardemon: That's workforce, 1,800? Commissioner Reyes: One bedroom. Ms. Escarra: 1,832. Commissioner Reyes: I mean, that's a little steep. Chair Hardemon: Workforce? Ms. Escarra: That's -- I believe that's workforce -- City of Miami Page 98 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Reyes: No. Ms. Escarra: -- and that is at -- and then it depends on how many people live in the household and how many -- Vice Chair Russell: Commissioner Carollo's not going to count that toward his thousand units. Chair Hardemon: Yeah. I don't know (UNINTELLIGIBLE). 2,200 sounded more like workforce. Commissioner Reyes: That's right. (UNINTELLIGIBLE) more affordable, you see. Ms. Escarra: Well, that's on the rental side. On the sale side, it's 240, 000, and then it starts going up. Commissioner Gort: Gentlemen? Commissioner Carollo: Well, let me ask this on the sale side: The 240,000, what deed -- what restrictions are you going to have on the deeds? Ms. Escarra: It runs with the deed of the property, meaning the units have a deed restriction that it always has to be for a qualified. So, if that persons moves in and owns it, and then in 10 years they go to sell it, they actually have to go back to the City qualified to be able to let -- the buyer who's buying that unit also qualifies for that -- you have to have a certain income. You got to turn in your -- either W2s, your income tax returns. Commissioner Carollo: Yeah, but I'm not talking about that. I'm talking about what can they sell it for? Is there a deed restriction on what they could sell it for? Ms. Escarra: Well, what's going to happen is the deed restriction says you can't sell it for over a certain percentage of the median income. So every year HUD (Department of Housing and Urban Development) gives to Community Development at the City and Miami -Dade County what the median income is, and I -- I mean, I'm answering for you -- what the median income is, and then those percentages turn out to a certain number. Like last year, the unit could have been sold -- I think it was for like 237 -something. This year the median income went up a little, so the price went up to 240. Chair Hardemon: The problem is that in Miami -Dade County, certain people's income are increasing in areas that (UNINTELLIGIBLE) -- Commissioner Carollo: Yeah, that's what I'm saying. Chair Hardemon: -- so (UNINTELLIGIBLE). Ms. Escarra: It goes up a little bit every year. Chair Hardemon: I'll say this: The workforce housing -- there's a spectrum. There's a bottom number. There's a -- Vice Chair Russell: ELI (extremely low income). Commissioner Reyes: (UNINTELLIGIBLE). City of Miami Page 99 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: I'm not saying the ELI. I'm saying for workforce housing. I'm sure there's -- it's not just one number. Workforce housing is a spectrum. Ms. Escarra: I gave you the highest number. Chair Hardemon: You're using the highest number. Ms. Escarra: Right. I gave you -- Chair Hardemon: So, if you could, in this, let's get a -- you know, I don't want everything in the higher number, you know, because I look at -- Ms. Escarra: I think it's -- Chair Hardemon: For people who are in the workforce, if you have student loans -- Ms. Escarra: Right. Chair Hardemon: -- if you have -- and also now -- I mean, if you're paying $1,800 a month to live in a space, you don't have very much more money that you're spending on anything else; and so, by that, I'm just saying that let's not let them trick us by having everyone at the higher end of the -- of that spectrum. Ms. Escarra: Well, I gave you the highest number, because I didn't want to give you the lowest number, and then you're thinking, "Oh, wow, that number's" -- I would give you what the highest number could be because that -- Commissioner Carollo: You said that if you give homes that are going to be sold, it's 10 percent that you're giving us. Ms. Escarra: No. I'm sorry? Commissioner Carollo: You said 10 percent -- Ms. Escarra: 10 percent of the overall units of each building. So in this project -- Commissioner Carollo: But 10 percent if they're sold? Ms. Escarra: Correct; 10 percent if they're sold, and 14 percent if it's a rental building. Commissioner Carollo: Okay. So we got 573 units, right? Ms. Escarra: Correct. Commissioner Carollo: Okay. 10 percent of that -- Ms. Escarra: Fifty-seven. Commissioner Carollo: -- is 57.3. So let's say 57 instead of 58. The difference between what you're saying you could sell them for is -- 375 to 240 -- is 135, right? Ms. Escarra: Yes. Commissioner Carollo: I'd rather take the cash and put it in a money bag through a housing authority or for the future housing authority, and at least I know that we're going to end up giving truly accessible workforce housing, whatever you want to call City of Miami Page 100 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 it, and much cheaper than anything I've heard here. And the deed restriction is going to guarantee, the way that I envision it, that it's always going to be accessible workforce housing. Commissioner Reyes: Yes. Commissioner Carollo: And that -- The way she's describing how they're going to keep it, it's not going to work, because what the Chairman mentioned, and more. So the way that you need to put this deed restriction is based on the median market rate price of places, and then it will be the housing authority that each year will either raise it or lower it by that amount so that we are always guaranteed that that will stay as workforce -accessible housing. And whoever sells it has got to sell it through the housing authority, within those limits, so there can't be any games or monies given under the table, or anything else, and that's the best way that we could guarantee that into the future; otherwise, we're shooting ourselves in the foot as we go forward. Chair Hardemon: Commissioner Carollo, let me try to grab some understanding of what you 're saying. Are you saying don't use the rental; only use the 10 percent -- Commissioner Carollo: Well -- Chair Hardemon: --for that building? Or are you saying, create the -- Commissioner Carollo: No. Chair Hardemon: --fund and spend the money elsewhere? Commissioner Carollo: Yeah. I'm saying, if we're going to take the housing units that people are going to buy, we're better off taking the money, the difference, you know, that I'm figuring out here, but the truth is that we got to figure out how much more are they really making to see if that 10 percent that we're getting is really a good deal or not. Chair Hardemon: Right. Commissioner Carollo: I mean -- Chair Hardemon: No, I understand. The only -- the really big issue that I have is that if we don't create units of affordability in these projects on that land, it won't be affordable. The Canvass is probably not affordable. Ms. Escarra: It's market. Chair Hardemon: And market is not affordable. The -- Ms. Escarra: Filling station. Chair Hardemon: -- there's a -- there's some other buildings that have been there for some time. Ms. Escarra: Filling station and the park (UNINTELLIGIBLE) market. Chair Hardemon: That station is not affordable. The only affordable housing that you have is further to the west, and it's in Overtown, and, you know, we've created affordable housing there, and you have units that are owned by people that are affordable today. And so, you know, that's really my fear. City of Miami Page 101 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Reyes: I have just a little example. Will you say that a person that has disposable income -- when I said, "disposable income, " it's take-home pay. It takes $3, 000 a month, a person that graduated and start up the first job and making 40 -some thousand dollars a year and is taking home $3, 000 a month. If that person is paying $1,800, he's paying 65 percent of his salary. Vice Chair Russell: Yeah. Commissioner Carollo: Yeah. It's just no way -- Commissioner Reyes: I mean that -- And let's say that that person is taking home $4, 000 a month; and if he's paying $1,800, he's taking 45 cents [sic] of his salary. Commissioner Carollo: To give you an example of (UNINTELLIGIBLE) real quickly. Commissioner Reyes: I mean, that's my -- Commissioner Carollo: Yeah. What I'm envisioning through a housing authority, buying land -- not even going through a lot of the land that we have -- Commissioner Gort: We have. Commissioner Carollo: -- but it's going to take a while before we use it all up. We go and buy land, obviously, in some districts it'll be cheaper and some a little higher. But it's going to be somewhere in the average between a 150,000 to 175,000 for a thousand square foot, two good-sized bedrooms, two bath, maybe even two and a half bath, with a dining room, living room that's a decent size, and kitchen that's an average size. We could build those with -- obviously, not making any profit --just whatever the cost is to us --for -- and buy land for between 150, 175,000. The trick to it is that since we control the land, we're going to give special zoning that only one entity could have it in all of the City of Miami, the housing authority. And that's special zoning is going to be to build true accessible housing in Miami. Now, developers that want to share in, they're welcome. We'll let them charge a little higher, because we know they got to make a profit, but they got to do it through the housing authority. And we can reach those price limits as long as, you know, we're smart where we buy, and then we can upgrade the zoning somewhat, as we need it, to make those numbers work. Commissioner Reyes: Let me make a suggestion, because we're holding these people here. Commissioner Gort: Yeah. Commissioner Reyes: Let's have a workshop, as Commissioner Russell had suggested had requested, a sunshine -- I mean, a meeting -- Vice Chair Russell: I'd love to learn more about this. Commissioner Reyes: Okay. -- so we can talk about this and we can -- I mean, that is a great suggestion, and that's a great thing. And I think we -- all of us, we have ideas that we can implement, but right now, let's vote on this. Ms. Escarra: And if I can just add one more point. We're not increasing the allowable density; meaning, the allowed density today is the allowed density City of Miami Page 102 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 tomorrow after the rezoning. The only thing we're asking for is to be able to build bigger units, more square footage. Chair Hardemon: The -- there are certainly areas that I can think of within my district that would benefit from some sort of trust -- housing trust model that you've described. I don't necessarily want to do that to the detriment of inclusionary zoning. I think inclusionary zoning is important; if not, we will have pockets of poverty, and I don't want to see that in the City of Miami. But I will say this about this facility here: We need to guarantee that some of these rents that are within the workforce housing range -- Ms. Escarra: It's 90 percent to 140 percent of the median income. Chair Hardemon: Right. I want to ensure that many of them are at 90 percent, is what I'm saying to you. Commissioner Carollo: Can -- If you could all humor me for another minute. They've offered 10 percent of 573 units to be workforce housing. The statement that she made on the record is that these are units that they plan on selling for 375,000; and that these units, the 10 percent that they're giving us, is going to be worth approximately 240, 000. That's the amount they're giving it to us for; meaning that they're giving it to us for 135,000 less than they're going to sell them per unit. Vice Chair Russell: That's what they're leaving on the table. Commissioner Carollo: Yeah. So I'd rather take the approximately $8 million, and we could begin our housing authority fund with 8 million in the bank, and I'll approve it tonight, and let them go forward. I won't even get into if that's a good amount or not, for the sake of what you all said, that you wanted to let it go forward. We'll just do it for 8 million. And maybe we made a bad deal, maybe we could have gotten double, because they're going to make a lot more money in 573 units, but this is what I'm trying to do -- explain to all of you, that there's a lot of money that we could bring in right away to a housing authority that is going to add up quickly; besides what we could go and borrow dirt cheap and be able to use to immediately start building. Commissioner Reyes: We can leverage. Commissioner Carollo: And we don't have to depend on the County and the State, and the Feds; we could do it ourselves. Commissioner Gort: We had a housing authority before -- Commissioner Carollo: Years ago. Commissioner Gort: -- and it worked. And let me tell you something -- Commissioner Carollo: And we gave it to the County. Commissioner Gort: -- it can be done. We build a building, utilizing a non -for- profit, 170 apartments, 100 affordable housing, and 70 market rate, on Southwest 1st Street and 9th Avenue -- Commissioner Reyes: Yes. Commissioner Gort: -- two blocks from Miami Avenue and (UNINTELLIGIBLE). City of Miami Page 103 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Reyes: That's right. Commissioner Gort: It can be done. It worked. Commissioner Reyes: That was precisely what I was saying. Commissioner Gort: You need the cash to leverage. Commissioner Carollo: Yeah. Commissioner Reyes: Yeah, we can leverage that money. Commissioner Carollo: And basically, what we're going to be doing -- what I want to see is true homeownership. I don't want to see people renting, because they're throwing their money out. Chair Hardemon: I agree with you. Commissioner Carollo: I want true homeownership. Chair Hardemon: I agree with you. Commissioner Carollo: If we're giving people a home that's going to be 50 percent or less or more -- market value, that means that any lending institution that we come into agreements with and -- as a city, we're going to have huge leverage -- they're not going to need a down payment. All they're going to need is a small amount for closing costs, and that could be worked out in many ways. So all that people have to do is qualms for the small amount that they're going to need to pay for their monthly rent, and they're going to go in there without having to put down any money, and the S percent, 10 percent, 20 percent that you normally have to put down; and we'll put a deed restriction that if, for any reason, they don't pay, the City wants to be first runner up in taking that back so we could keep it in the pot ourselves. So, look, we have a great opportunity, I think now, by all of us working together, where we could do for Miami a model that the rest of the country is going to want to copy and follow, and we could take care of thousands of new homes for our residents that need it real quick. Chair Hardemon: Can we make tiny homes? Commissioner Carollo: We could do that, too. We could do that, too. Hey, listen, if need be -- Chair Hardemon: They call it "tiny homes" -- Commissioner Carollo: Commissioner -- Chair Hardemon: -- smaller homes that people can afford to move into so they can (UNINTELLIGIBLE). Commissioner Gort: We do have a program for first-time buyers, where they can get up to $70,000 for down payment. That authority, I think is very important to put it together. Commissioner Carollo: Yeah. I'm going to let you into a secret. I've developed -- this is -- my idea was for outside of the country, but it works here, just as well, in single or duplex lots -- a system that once we get it approved by Dade County, we could build homes in several days; overseas, we could do it in two days, max; here, City of Miami Page 104 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 it's going to be several days, maybe a few weeks, because of all the permitting and everything else. And we could build for 25 to $30 on the square foot, which is considerably less than the going cost, and these are buildings that will last us long, if not longer, as anything out there. You won't be able to tell the difference of what they're built of. They'll be 10 to 15 percent cooler in the summer than anything out there, termite free; and by putting impact windows, they're virtually noise free, because of the way they're built, and I'll gladly sign that off to the City. I don't want to see a penny out of it, and you guys do with it what you want. But what I'm looking at is to build going up, because that's the only way that we're going to make the big difference, going up, and we have so much land that we could do that with in Miami. And, look, on this project, if they're offering that, would your client be willing to give the 8 million instead ofgiving us this 50 -- 758 [sic] units? Ms. Escarra: I can't answer that, because my client was here earlier and had to leave. So he was here, he was present. He lasted most of the day. Commissioner Carollo: Was he the guy that was running at the door (UNINTELLIGIBLE) parking? Vice Chair Russell: Iris -- Commissioner Gort: When he heard the 8 million -- Vice Chair Russell: -- is that 8 million an accurate number in your estimation? Because we were talking between rental and sale. Ms. Escarra: I'd have to -- 57, I guess, times 135 -- I didn't do the math, but -- Commissioner Reyes: Well, at 57 at 135, it's 7,700, 000, but it was really 57.3, so to round it off, it's 8 million. Ms. Escarra: If Francisco lets me round up, I'll always round up, but I usually have to round down. Commissioner Carollo: Well, look, can you speak to your client, get him on the phone? Ms. Escarra: Well, this is first reading. I have to come back for second reading. Commissioner Reyes: That's right. Vice Chair Russell: But it could be a substantial change between first and second if we do this. Ms. Escarra: Correct. And one of the -- I can tell you on the valuation, that will be a potential issue; I'd have to ask the client. Honestly, I have never discussed this with him. Commissioner Carollo: But you said on the record that you were giving it 135,000 less. Ms. Escarra: No, right. No, that is factual. That information, I do know. Commissioner Carollo: I made my calculations based on what you proffered. Ms. Escarra: And that is still accurate, Commissioner. That is what I understand from the client, as well. What happens is, is that we're building in the CRA area, City of Miami Page 105 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 which is an area that, for a long time, has stayed vacant. There is actually, you know -- There's supposedly -- In the CRAB, you're always enticed to come in and develop and redevelop and do different sort of things, and to develop in a market like this also -- you know, there's also different impacts. I have to ask the client. I'm just Commissioner Carollo: But regardless, you're giving that up. I mean, we'll let you give it in installments. Ms. Escarra: Correct, because the client is actually a believer in that inclusionary zoning philosophy, and including that within the building. Vice Chair Russell: Correct. Ms. Escarra: I don't know -- it's very hard to tell a client to please give up $8 million when they're only asking for more square footage. Vice Chair Russell: Because they -- Ms. Escarra: They're not asking for more units. Commissioner Carollo: In fact, you're saying that he is, because he's willing to give up those 57.3 units at 135, 000 less. Vice Chair Russell: Mr. Chairman. Ms. Escarra: But they're units within the building. Vice Chair Russell: There's a difference. Chair Hardemon: There's a difference between giving up -- Ms. Escarra: Right. Chair Hardemon: There's -- I think there could potentially be a difference when you're saying -- Commissioner Carollo: Not at the end of the day. Chair Hardemon: Not at the end of the day, right. But at the beginning of the day, it is. Ms. Escarra: Right. Vice Chair Russell: Well, the other difference is not just financial; he's also doing a calculation of what he can sell there. And this is not on the water; this is quite west. And there is -- the area isn't fully developed yet, so he may be already making a calculation that at that workforce housing that he's proffering -- Ms. Escarra: Right. Vice Chair Russell: -- that's actually maybe the price for that amount of units that he'd be able to sell there; maybe either lower -level units or whatever; I don't know. So I don't think it's just a financial calculation, but it was quite a negotiation to get to that 10 percent, and we certainly are trying to encourage some affordability in that area, which is a stone's throw away from the Metromover, the very first stop City of Miami Page 106 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 where people could live, and this could be a hub to all of downtown for young professionals. Ms. Escarra: Right. Vice Chair Russell: I really like the concept of creating affordability, and we have a trust fund, but this other concept and the land trust, who knows what -- I want to learn more, and I really want to create as much affordability as we can. I just -- at this point, I don't know that we're ready to make a complete change on this one as it is, especially without the client here, because we had sort of negotiated this one to where I think we were creating an inclusionary that was acceptable to the developer, acceptable at least to myself as the Commissioner of the district. I don't want to pull the rug overnight and this not be what we can pass on second reading. Chair Hardemon: But let's -- so let's get through first reading. Commissioner Carollo: Yeah. Chair Hardemon: I think your idea was well -heeded, and I know we'll have a lot of conversation moving forward about how we go about doing things the way that you proposed it, Commissioner Carollo, and -- but also including some inclusionary zoning in places where I think it matters. So is there a motion to approve on PZ.26? Commissioner Carollo: There's a motion to approve for -- on first reading. Chair Hardemon: On first reading. Commissioner Carollo: And I hope you have along conversation with your client on what we discussed today; see if we could come to some better terms. And, you know, he could just agree to certain dollars that we discussed here over a certain period of time, and, you know, he could sell that maybe for more than 375 per unit. Chair Hardemon: So Commissioner Carollo's statement -- Commissioner Carollo: Most likely. Ms. Escarra: Hopefully, the market comes back with a force. Commissioner Carollo: Most likely. Well, the market is there and it's getting stronger, so. Chair Hardemon: Commissioner Carollo's statements are -- is the motion -- the Vice Chairman -- Vice Chair Russell: Second. Chair Hardemon: -- is the second. Any further discussion? Barnaby Min (Deputy City Attorney): Mr. Chairman, that's with no modifications. Vice Chair Russell: No modifications. Chair Hardemon: No modifications. All in favor of the motion on the floor, say "aye. " Vice Chair Russell: Aye. City of Miami Page 107 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Commissioner Carollo: First reading. The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Todd B. Hannon (City Clerk): Excuse me, just for the record But a covenant was submitted on the floor so the legislation is still amended. Commissioner Carollo: Yeah. Ms. Escarra: Correct. Chair Hardemon: Right. Ms. Escarra: With covenant. Chair Hardemon: That is with a covenant. Vice Chair Russell: It is amended with a covenant -- Commissioner Reyes: Yeah. Vice Chair Russell: -- not in a new amendment today. Mr. Min: My apologies. Chair Hardemon: Right. PZ.27 ORDINANCE First Reading 3187 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING "76 CLASSIFICATION FROM - 24A - O," URBAN CORE TRANSECT ZONE - A - OPEN, TO "76 - 24B - O," URBAN CORE TRANSECT ZONE - B - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 70 NORTHEAST 17 STREET, 90 NORTHEAST 17 STREET, AND 1642 NORTHEAST 1 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 with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: PZ. 27, can you read it into the record, please? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. City of Miami Page 108 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Iris Escarra: Iris Escarra for the record. This is a similar property in the same area, but this one's only 283 units. It's a much smaller parcel. Commissioner Carollo: How much is he giving in this? Ms. Escarra: Same thing; 10 percent -- Commissioner Carollo: 10 percent? Ms. Escarra: -- or 14 percent, depending on the model that they use. Commissioner Carollo: Okay, 10 percent if it's to sell and -- Ms. Escarra: You do the math really fast. Commissioner Carollo: What -- Ms. Escarra: I don't have a calculator. Commissioner Carollo: Well, my brother is a CPA (Certified Public Accountant). I was the guy with the numbers -- rubbed off Ms. Escarra: No, but Commissioner Carollo really does math really fast. Commissioner Carollo: He was the CPA; I just have the numbers. Chair Hardemon: A declaration of restricted covenant is included on this. Is there a motion to approve -- Vice Chair Russell: Move it. Chair Hardemon: -- with this declaration of--? Commissioner Carollo: There's a motion to approve. Now, for the record -- I don't know -- Chair Hardemon: Seconded by the Vice Chairman. Commissioner Carollo: -- if she wants to even get that on the record now. How much are the units going to sell for, and how much are we getting them for? Ms. Escarra: This is the same -- it's the same model. Commissioner Carollo: Okay. Chair Hardemon: All right. Seeing no -- Vice Chair Russell: But how many units? Ms. Escarra: This one has 283. Commissioner Carollo: 283. Ms. Escarra: This is actually the parcels -- Vice Chair Russell: So 28. City of Miami Page 109 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Ms. Escarra: --just north of Canvass. It's four lots. Vice Chair Russell: 28 units; what's the difference? Commissioner Carollo: Well, it's --for 28 units -- Ms. Escarra: 283, so it will be 28. Commissioner Reyes: 28. Ms. Escarra: and 135 thousand. Commissioner Carollo: You got 4 million. So now we're up to 12 million. Commissioner Reyes: That's right. Commissioner Carollo: Now, all we need is just a few of these and you see it adds up to real money. We got enough to build whatever you need in the West Grove right now. Vice Chair Russell: A playhouse? Commissioner Carollo: Well, I thought your main priority was housing. Vice Chair Russell: Yes, sir. Yes, sir. Commissioner Carollo: Playhouse is secondary. Chair Hardemon: Its been properly moved and seconded Commissioner Reyes: 3.7. Chair Hardemon: Seeing no further discussion, all in favor of the motion, say "aye. " Commissioner Carollo: 3.78. The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Todd B. Hannon (City Clerk): As amended. Ms. Escarra: Thank you very much. Have a nice evening. I have a lot to talk about this holiday. Vice Chair Russell: We'll be talking. Commissioner Carollo: Yeah. City of Miami Page 110 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 PZ.28 ORDINANCE First Reading 3188 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-L," URBAN CENTER—LIMITED, TO 76- 8-0," URBAN CORE—OPEN, FOR THE APPROXIMATELY .60 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1392 NORTHWEST 36 STREET, 1385 NORTHWEST 35 STREET, AND 1373 NORTHWEST 35 STREET MIAMI, FLORIDA, AS MORE PARTICULAR DESCRIBED IN "EXHIBIT A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Notes for the Record. Item PZ.28 was deferred to the June 28, 2018, Planning and Zoning Commission Meeting. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: PZ 29, please read into the record. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Citv ofMian ni Page 111 Printed on 210912018 For minutes referencing Item PZ.28, please see "Part B: PZ -Planning and Zoning Item(s). " PZ.29 ORDINANCE First Reading 3199 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, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.30± ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 2900 SOUTH MIAMI AVENUE AND 2890, 2900, 2920, 2940, AND 2960 SOUTH FEDERAL HIGHWAY, MIAMI, FLORIDA FROM "SINGLE- FAMILY RESIDENTIAL" TO "DUPLEX -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: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: PZ 29, please read into the record. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Citv ofMian ni Page 111 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: You're recognized, sir. Vice Chair Russell: Thank you. I'd like to congratulate the neighbors and the developer for really coming together on this one. I know this has been heated at times, vocal; it's been a battle, but I believe, in the end, you have a good product, a better product that's a little less intense; a little more in line with the neighbors; still, it accomplishes one of my main goals is to stop cars backing out onto U.S.], where we have single-family homes on U.S.]. And so, if there's discussion needed or a presentation needed, that's fine, but I'll make the motion to accept this with the covenant. Chair Hardemon: Been properly moved by the Vice Chairman -- Commissioner Carollo: Second. Chair Hardemon: -- seconded by Commissioner Carollo. I don't see any further discussion, so all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Todd B. Hannon (City Clerk): As amended. Chair Hardemon: PZ (Planning & Zoning) -- Mr. Min: No, the -- I'm sorry; the covenant goes with PZ -- Vice Chair Russell: Yes. Mr. Min: -- 30, the companion. Mr. Hannon: Okay. City of Miami Page 112 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 PZ.30 ORDINANCE First Reading 3200 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 73-R," SUB -URBAN TRANSECT ZONE - RESTRICTED, WITHIN THE "NCD -3," COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, TO 73-0," SUB- URBAN TRANSECT ZONE - OPEN, WITHIN THE "NCD -3," COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, OF THE REAL PROPERTIES LOCATED AT APPROXIMATELY 2900 SOUTH MIAMI AVENUE AND 2890, 2900, 2920, 2940, AND 2960 SOUTH FEDERAL HIGHWAY, 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 with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Reyes Chair Hardemon: PZ 30. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Vice Chair Russell: I'll make the motion. Chair Hardemon: And then -- Commissioner Carollo: Second. Chair Hardemon: -- that motion includes the covenant that's (UNINTELLIGIBLE). Vice Chair Russell: Yes. Commissioner Carollo: Yeah. Vice Chair Russell: Absolutely. Chair Hardemon: Been properly moved and seconded Any further discussion? Seeing none, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Chair Hardemon: What I'm going to do right now is I'll close out the Planning & Zoning -- Unidentified Speaker: Thankyou very much. City of Miami Page 113 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 Chair Hardemon: -- meeting minute -- meeting, and I'm going to reopen the regular Unidentified Speaker: Mr. Chair? Chair Hardemon: -- meeting -- one second -- regular meeting, because there are a few items on here that we have not yet had an opportunity to discuss and -- Todd B. Hannon (City Clerk): Sorry; just bear with its for a moment as we kind of switch the recording. Chair Hardemon: -- that'sgoing to be ourAC.1, AC.2, andAC.3. Commissioner Carollo: What time do we finish these days, guys? I'm new. Chair Hardemon: No. We should be done. This is a long meeting, but we're closing this one out. And basically, what we have left -- the agenda is complete. The only thing we have left is -- Vice Chair Russell: Shade? Chair Hardemon: -- the shade stuff, so that's up to -- Commissioner Carollo: Yeah. Chair Hardemon: -- you all, once I bring its back to the (UNINTELLIGIBLE). Vice Chair Russell: I think they're pretty quick. We do need to do them, though. PZ.31 RESOLUTION 3114 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING OR DENYING THE APPEAL BY Planning AGAVE ACQUISITIONS, LLC, REVERSING OR AFFIRMING THE AYES: DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY GRANTING OR DENYING WARRANT NO. 13-0033 ISSUED BY THE PLANNING ZONING DIRECTOR ON JUNE 21, 2013 TO ALLOW AN OUTDOOR DINING AREA FOR AN OUTDOOR CAFE FOR THE PROPERTY LOCATED AT APPROXIMATELY 2601 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Reyes Note for the Record. For minutes referencing Item PZ. 31, please see "Part B: PZ -Planning and Zoning Item(s). " END OF PLANNING AND ZONING ITEM(S) City of Miami Page 114 Printed on 210912018 City Commission Meeting Minutes December 14, 2017 END OF FUTURE LEGISLATION City of Miami Page 115 Printed on 2/09/2018 City Commission Meeting Minutes December 14, 2017 U9111001NkiIMIA►111 The meeting adjourned at 10:31 P.M. City of Miami Page 116 Printed on 2/09/2018