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HomeMy WebLinkAboutCC 2016-11-17 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com * I6IIIp IIA?EI 11 AC Meeting Minutes Thursday, November 17, 2016 9:00 AM Planning and Zoning City Hall City Commission Tomas Regalado, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Frank Carollo, Commissioner, District Three Francis Suarez, Commissioner, District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes November 17, 2016 f']LIDU LVA I Ll1Y1[9191AI [s] ki Wil kiU]»:4Biel 419]y_141 *1 M kiIs] 9 Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez On the I7th day of November, 2016, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 2:14 p.m., recessed at 2:20 p.m., reconvened at 3:30 p.m., and adjourned at 5:07p.m. Note for the Record. Commissioner Suarez entered the Commission chambers at 3:42p.m. and Commissioner Carollo entered the Commission chambers at 4:27p.m. ALSO PRESENT. Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk PART B: PZ - PLANNING AND ZONING ITEM(S) Todd B. Hannon (City Clerk): Good to go, Chair. Chair Hardemon: Thank you very much. And I just want to be clear; we're not going to have substantive conversation about anything right now. This is merely ministerial; continuances that we're going to ask for the staff to provide to us so that we can continue these items, and then move back to our regular agenda so we can have some business taken care of. Francisco, you're recognized. Francisco Garcia: Yes, sir. Thank you. Francisco Garcia, Planning & Zoning director. What I'd like to do is to put forth what we, as your Planning & Zoning Department, will be recommending for continuance or deferral, and there may be others who disagree slightly, and I'll yield to you as far as that goes to have their positions stated on the record. Our recommendation is that items PZ.2 and PZ.3, as stated earlier by Commissioner Suarez, be continued. I believe the Commissioner stated a specific date that he had in mind, and we would certainly be in agreement with that. If I may ask the Clerk to proffer those dates. Mr. Hannon: That'd be January 26, 2017. Mr. Garcia: We had also set forth earlier that the Art in Public Places Program, which is apart of PZ (Planning & Zoning) -- in fact, is item PZ. 6, along with SR.5 -- we would recommend be continued to January 12. I believe it's the first meeting of the month ofJanuary7 Mr. Hannon: Yes, sir. Mr. Garcia: Thankyou. Beyond that, there is also, just to proffer into the record, the withdrawal of item PZ.8, as noted on the agenda; PZ.8 to be withdrawn. And as pertains to items PZ.10 and PZ. 11, we would also recommend that those be continued to January 12. I understand that the applicant is seeking to chime in on the subject as well, but again, just to complete at least our list of recommendations -- I just wanted to make sure that there are none others. The last one we are recommending to be City of Miami Page I Printed on 111312017 City Commission Meeting Minutes November 17, 2016 continued is item PZ. 17, and there, too, we would recommend that that be continued to the month of January, but that would be to the Planning & Zoning meeting -- what date would that be, please? Mr. Hannon: January 26, 2017. Mr. Garcia: January 26; is that correct? Mr. Hannon: Yes, sir. Mr. Garcia: Thank you. That completes our list, sir. Chair Hardemon: Thank you very much. Javier Vazquez: Good afternoon, Mr. Chair. Javi Vazquez, with law offices at 1450 Brickell Avenue, hereon items 10 and 11. The only thing I would ask, through the Chair and to the Commissioner of the district, is if -- there have been considerable conversations going on with the neighbors. We feel very confident that we could have a decision and an agreement reached that we can report back to the Commission at your December 8 meeting. If, by that time, we have not reached an agreement, we'll be delighted to accept the January 12, but at least that gives the applicant the opportunity to -- Commissioner Gort: Look, I can understand the applicant needs an opportunity, but at the same time, you got Christmas and all kinds of holidays coming up in December. I would really like to see it for January the 12th. Mr. Vazquez: January 12, okay. Thank you, Mr. Commissioner. Thank you very much. Chair Hardemon: Is there a motion in accordance with what was proffered by Mr. Garcia? Mr. Hannon: Can -- Chair Hardemon: Oh. We have another one by our dear Commissioner of District 2. Vice Chair Russell: PZ. 7 is lot size. I'd like to defer that. Commissioner Gort: Yeah. Vice Chair Russell: There seems to be some confusion with regard to the public commentary section of our future agenda. So we have understanding from constituents who have written in with public commentary and shown us their documentation of that public commentary, but in our briefings, Mr. Garcia said that he has received no public commentary, which would imply that there's no opposition to this issue, which we know that -- we heard it; we've had the phone calls, but we now hear that there was one written in that commentary, but we just haven't received it, so we would just kind of like to get to the bottom of it. That's all. Mr. Garcia: Right. And to compound -- and again, just to put it all on the record, curiously, we have received commentary on other items, but not this one in particular; so we are trying to get to the bottom of it. City of Miami Page 2 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Vice Chair Russell: Right. We have the email and everything, so -- but I think that's enough to at least hold that one up a little bit just to make sure we have -- made sure we hear everyone's issues before we make decisions on it and -- Mr. Garcia: We have no objection. Vice Chair Russell: Thank you. Chair Hardemon: Mr. Hannon. Mr. Hannon: I'm sorry. PZ.7 is going to be --? Vice Chair Russell: Deferred to -- we could take it in December; if we can clam this issue. I don't see a problem with that. Chair Hardemon: Is there a PZ agenda in December? Mr. Hannon: Yes, sir. It's just like this meeting; it'll be two separate agendas on the same day. Chair Hardemon: Okay. Mr. Garcia: And if I may, through the Chair? I'm sorry; late -breaking news. One more item to be continued for today's meeting. Items PZ.4 and PZ.S, which are companion items, those two are being requested to be rescheduled or continued to January 26. Thank you. That's alll have. Chair Hardemon: Thankyou. So I'd like to entertain a motion in accordance with what's been stated before. If you can read out -- if you have them all written down, that'll be great, Mr. Hannon. Mr. Hannon: Thank you, Chair. I have PZ.2 and 3 being deferred to January 26, 2017; PZ.6 being deferred to January 12, 2017; PZ.8 being withdrawn; PZ. 10 and 11 being deferred to January 12, 2017. I have PZ. 17 being deferred to January 26, 2017. I have PZ.7 being continued to December 8, 2016, and PZ.4 and S being deferred to January 26, 2017. Vice Chair Russell: Move it. Commissioner Gort: Second. Chair Hardemon: It's been -- well, did you count the withdrawal of PZ.89 Mr. Hannon: Yes, sir. Chair Hardemon: Okay. It's been properly moved and seconded. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. We'll resume our regular meeting. Mr. Hannon: If we can recess the Planning & Zoning meeting; give me 60 seconds so we can flip the tape for the regular agenda. Chair Hardemon: Exactly. We'll open up the Planning & Zoning hearings of the November 17, 2016 meeting. Madam City Attorney. City of Miami Page 3 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Victoria Mendez (City Attorney): Thank you, Chairman. 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 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 will advise the public when the public may have the opportunity to address the City Commission during the public commentperiod. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. 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 then present briefly each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to evidentiary hearing on the record. The order ofpresentation shall be as setforth in Miami 21 and the City Code, providing the appellant shall present first For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. All persons testing must be sworn in. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Hardemon: Mr. Clerk. Mr. Hannon: Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. PUBLIC COMMENT PERIOD FOR PLANNING & ZONING ITEM(S) Chair Hardemon: If you are here to speak on any of the Planning & Zoning items, I will now open up the public comment section for this agenda. So if you're hereto speak, please approach one of the lecterns. You have two minutes to speak. Please say your name, your address, and which item it is that you're here to speak about. Once again, I'm opening up public comment for all of the items on the PZ (Planning & Zoning) agenda. Ifyou're here to give those comments, please, name, address, and which item it is that you're here to speak about. City of Mimui Page 4 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. I'm here to speak on both PZ.7 and 16. I understand PZ.7 was deferred, but there seems to be a case of missing public comment, so I'm going to address it anyway. Victoria Mendez (City Attorney): Mr. Cruz, could you speak closer into the microphone? Mr. Cruz: Yes. Unidentified Speaker: No. Ms. Mendez: Thank you. You weren't projecting as you -- Mr. Cruz: I'll try to reject [sic] from my diagram [sic]. Commissioners, the changes to Miami 21 proposed by both PZ.7 and PZ. 16 would open a Pandora's box of potential harm to residential neighborhoods. The devil is into details, and there are many details in both items. In PZ. 7, the maximum lot size in T6-8 would go from 40, 000 to 50, 000 square feet. The original proposal during the Miami 21 workshops was only 30, 000. As you know, T6-8, most inappropriately, abuts several single- family and duplex neighborhoods throughout the City, so allowing T6-8 buildings to be even larger would allow for even more out -of -scale buildings next to our low- density, single-family and duplex residential neighborhoods. Also, many lots on commercial corridors are only 5,000 square feet. The proposal to make them a minimum of 10,000 or 20,000 square feet would make them nonconforming. Why would the City allow that to happen? As the Planning director said at the PZAB (Planning, Zoning & Appeals Board), one of the motivations behind PZ. 7 is to purposefully make properties across the City become nonconforming for the purpose offacilitating requests for variances. That's not right. Variances cannot be granted unless there is a legally recognizable hardship and no reasonable use can be made of the property, as clearly stated in Florida State case law: Hemisphere Equity versus Key Biscayne and Thompson versus Planning Commission. The PZ. 16 item about allowing commercial parking in T3 is essentially a use variance for the target properties behind Coral Way. It is also an illegal proposal that would violate the Comprehensive Plan. I wrote a detailed analysis about it, which I hope you all read. An almost identical proposal was voted down by the Commission a few months ago, but like a bad horror movie sequel, it keeps coming backfrom the dead. The difference now is that this new amendment proposes limiting the commercial parking to Coral Way, between 13th and 27th Avenues. That is an insult to the public's intelligence; as if the City will actually limit this parking intrusion to only one portion of Coral Way in perpetuity; as if it will not spread to other commercial corridors and neighborhoods; as if other commercial property owners throughout the City will not point to this new zoning and say, "Look, you gave it to them, so give it to me. " The Coral Gate HOA (Homeowners Association) is opposed to it. Both PZ.7 and PZ. 16 have, at their core, a violation of Florida case law. And as we all know and as was stated very clearly at the last Commission meeting, Florida's case law supersedes Miami 21. So I strongly urge you to vote against both PZ.7 when it comes back and PZ.16. Thank you. Chair Hardemon: Thankyou very much, Mr. Cruz. You're recognized, ma'am. Susan Braun: Good afternoon. My name is Susan Braun. I live at 45 Northwest 44th Street in Miami. I'm here to speak in opposition of PZ.4 and 5. And also, on behalf of the Buena Vista Neighborhood Association, I didn't -- at the last hearing of October 27, we had 19 members in attendance. And since we knew today was going to be deferred, I have a friend and neighbor, Suze Alexander, with me today. One, Chairman, I would -- about our HOA, if-[ may -- I'm sure you remember that during you candidacy, our HOA was -- publicly supported you, and I would not ask for any City of Miami Page 5 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 kind of quid pro quo, but just the respect to acknowledge our existence. And the other item has to do with the intervener status, because -- I'm asking the Commission to please reconsider my request for party status as a qualified intervener for the following reasons: First, my home is across the street. And I don't know if any of you saw the article in today's Herald by Andres Viglucci about this item, he -- It's across the street. I mean, semantically, you know, right -- diagonally or 5 feet or 50 feet. My house is a casting bungalow that was built back in the days when people engaged with their neighborhood, and you sit on your front porch and you meet people. That's my home, and as such, I would -- I believe I would be adversely affected in a manner greater than that of the general public, which is the criteria specified in Miami 21, Section 7143(d). Moreover; Bernard v. Dade County, which is a Florida Supreme Court case cited by Miami City Attorney Victoria Mendez at the last hearing, does not address qualified intervener status for being heard by the Miami City Commission, and address the standing for legal challenges in a courtroom; even so, Bernard includes the citation. In Wags Transportation System v. City of Miami Beach, this court held that homeowners in the zoning district would be permitted to intervene in an appeal from which a (UNINTELLIGIBLE) -breaking zoning restrictions and commercializing the area where their homes were located. Also, from Bernard, in determining the sujjiciency of the parties' interest (UNINTELLIGIBLE) standing factors such as the proximity of his property to the property to be zoned or rezoned. Note that the court used the word 'proximity. " It didn't use words like "directly abutting" or "adjacent" or "in direct contact with. " If the court had wanted to limit standing to directly abutting or directly touching properties, it would have said so. So -- And also, Chairman, I'm not going to -- as you know from my email, the exorbitant amount of time and effort that I have put into opposing the garage for the past 18 months, that includes not just the first time collecting 200 signatures, but I have personally, on my own, with persons -- other people in my neighborhood collected an additional 200, many of which on Election Day, outside of the polls. So they're not just neighbors; they're voters, and the vast majority of the neighborhood opposes the garage. So, because of what I -- everything just said, I'm respectfully requesting status of this matter as a qualified intervener, and it's my sincere belief that a denial ofparty status would be a denial of my right to due process. Would you please reconsider? Chair Hardemon: Thankyou so much for your comments. Ma'am, would you like to say something? Suze Alexandre: Yes. Good afternoon, Commissioner. My name is Suze Alexandre. I've been living in 15 Northwest 44th Street for over 40 years, and to me, it's very unfair. All of my life, I've been where -- I've been living there as a residential street. To me, it's very unfair today ifl sit and see the big change like thatfor my street; could be a commercial, but not residential anymore. It's killing me. It's killing us. You see only me, but there's thousand people behind me, and I want to come today to let us know that how painful it is and unfair I feel about it. Please, I know this is our (UNINTELLIGIBLE) justice. Take us within consideration, I beg you. Thank you. Chair Hardemon: Thank you very much. Ms. Alexandre: Thanks. Chair Hardemon: Is there any other person here for public comment? You're recognized, please. This is public comment. Just give me an opportunity, please. Ms. Alexandre: Yes. There's many people can come if they wanted to. Chair Hardemon: No, no, no. Its the public comment time right now for everyone who's here, so I'm asking -- City of Miami Page 6 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Ms. Braun: Anyone else. Chair Hardemon: Are you finished with your public comment? Are you finished? Ms. Alexandre: Yes. Chair Hardemon: Okay. So we're going to have other people who are here for public comment speak. Ms. Alexandre: It's just the justice. I wanted the fairness. I came with -- to hear it. Chair Hardemon: Okay. Ms. Alexandre: To stop my heart broken. Pressure. I don't feel peaceful, not at all. Chair Hardemon: Okay. Ms. Alexandre: I feel like, why this street? Why us? It's like (UNINTELLIGIBLE). Chair Hardemon: Is there any other person here for public comment? Ben Fernandez: Excuse me. Good afternoon, Commissioners. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of Fatima Investments, Inc., the owners of the property at 1200 Southwest 2nd Avenue, and I'm here to just briefly comment on PZ. 7. It is our understanding that existing legally platted lots will be grandfathered from this ordinance, and we just want to confirm that; state that for the record on behalf of this property owner. Thank you. Chair Hardemon: PZ. 7 was deferred, as well. You're recognized. Grecia Pazon (as translated by Alfredo Varela, Oficial Spanish Interpreter): My name is Grecia Pazon. I work at Capiro Shopping Center for 37 years. Capiro Shopping Center is at 300 Southwest 12th Avenue. The shopping center has many leases, including the -- which is a service given to the community. They have a school as well, which is why I think that we have to better the zoning area with the access to the parking; not only for the renters that we have there, but also for the visitors. Okay? Alfredo Varela: She's here for PZ. 1. Chair Hardemon: Which item was that? PZ. 19 Mr. Varela: PZ. 1. Chair Hardemon: Do you have any further comments? Ms. Pazon (as translated by A�edo Varela, Official Spanish Interpreter): No. I think this would be bettering the entire area, not just the shopping center. Chair Hardemon: Okay. Thank you very much. Ms. Pazon: Okay. Chair Hardemon: Is there any other person here for public comment at this time? Seeing no further person here for public comment, I'll close the public comment section at this time. Ms. Susan, I just want to make a comment that we know that the City of Miami Page 7 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 item that you're here about has been deferred, so what that means is that the -- as you can see, the parties who are apart of that are not here. And so the last time that they were here, you had a motion in which you wanted -- well, you asked us, this body, to consider whether or not you can be -- have intervening status. We considered it, and it was denied. One of your neighbors, the one who lives directly abutting the property, his intervener status was granted, and so the board made its decision then. And I'm sure -- like today, you asked me through email, you asked me now on the dais to have -- to grant -- or to reconsider that motion. And so at this time, nothing had happened, because that's a substantive change to the item that is not before us right now, because it's already been deferred. And so, you can continue, ifyou'd like. If you want, when the parties are here again, to askfor a intervener status -- Ms. Braun: I'm sorry; would you repeat the last sentence? Chair Hardemon: You can -- at the next hearing -- because it's been deferred -- when all the parties are here, you can ask for intervener status again. I'm not sure if you're going to get a motion and a second to reconsider that. Ms. Braun: Okay. Chair Hardemon: But you can ask for it then at the public comment section. So I'm not going to get too far into the weeds about that issue, because no one is here with those parties about it, and so, we shouldn't be speaking substantively about that issue. This is the public comment section, so we that as so. You area member of the public, and you're not a party to it, so that's why we allow you to speak and say what you'd like, but we will not be making any decisions right now regarding the item substantively. Ms. Braun: But I may request for reconsideration on January 27 [sic]? Chair Hardemon: Yeah. I mean, you have a first amendment right to make that request. Ms. Braun: Okay. Chair Hardemon: But I just want you to understand, we don't know which way this is going to go. You don't know -- because we haven't heard all the facts about it all, so you don't know if it will pass; you don't know if it will fail. If it passes, then you, like I'm sure everyone else who lives in the neighborhood, have an opportunity to appeal. If it fails, then you won't have to appeal, whatsoever, but intervener status is definitely going to guarantee that you're a part of the issue, and I just want you to consider strongly talking and assisting the person that has intervener status already. So I'm not telling you that you --that your request won't be granted. What I'm telling you is that if I were in your shoes, I would be trying to strengthen the position of the intervener that is already on the case, just in case you are not granted intervener status. That's my -- Ms. Braun: Appreciate that. Chair Hardemon: Okay. Ms. Braun: My concern is twofold: In case the intervener who -- the -- Kirk, who was approved as intervener; is unable to make it that day. And my other concern is I don't think anyone involved is as versed as I am, directly with the facts. City of Miami Page 8 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: But that's part of why -- I'll give you an example. Sometimes in Supreme Court issues -- right? -- there may be a issue before the Supreme Court -- this is not the Supreme Court, by any means. But parties who want -- who are not an actual party -- okay, people who are not actual parties in the litigation, sort of like how you are; you're a person that's not actually a party to the litigation, like the intervener that is there. They send -- and I always mispronounce this word, but I believe you call it "amicus briefs, " so it's amicus. It's an amicus brief. So they are briefs that are in support of their position. And so, sometimes those people who send those amicus briefs are more versed on the issues than those attorneys will be -- sometimes -- because, typically, if you made it to the Supreme Court, you have some level of sophistication about your argument, but I'm telling you this to say that that's why you take the time with what you know to educate and to strengthen the argument of the person that is apart of the litigation. Ms. Braun: I appreciate that. Chair Hardemon: Okay? Ms. Braun: But in case he can't make it, is (UNINTELLIGIBLE) -- Chair Hardemon: He's a party. He's a party, so -- you know, there's no -- I don't -- it's almost as if -- it's like you have a hearing, and you got a traffic ticket, and the police ojFcer doesn't show up. You know, you're going to say, "Well, judge, the police ojfcer didn't show up. " You're going to ask him to dismiss the case. You're not going to say, "Well, the police oq5ricer" -- someone's not going to --you're not going to allow an argumentfrom the prosecutor to say, "Well, he didn't show up, and so let's just reschedule. " Sometimes they will, but many times they won't, because they're supposed to be there, because this is important. Everyone's taking their time to be there. We'll be there, members of the public will be there, the applicant will be there, the staff will be there, so all the interested parties will be there. So if the intervener, who came before us and pleaded for intervener status, because it was so important to him, because he lives next door, isn't there at a time where we scheduled it -- we said, "The hearing is going to be on this day, and the next hearing is going" -- and we -- and -- I mean, they should be there. Ms. Braun: He asked; I pleaded. Chair Hardemon: Okay. Ms. Braun: Okay, but I thank you. Chair Hardemon: Okay. Ms. Braun: And again, we have an article in the Herald today about this issue. Chair Hardemon: I saw it. Ms. Braun: Okay. And may I address Commissioner Gort for a second? Chair Hardemon: Through the Chair. Ms. Braun: Oh. Could you please thank him for his kind words -- Chair Hardemon: No. You can -- Ms. Braun: --on pets earlier? I appreciated that; on the animals. Okay. City of Miami Page 9 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: Okay. Thank you so much. Ms. Braun: Thankyou, Commissioners. Chair Hardemon: All right. The following item(s) shall not be considered before 2:00 PM: PZ.1 ORDINANCE First Reading 1049 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning and NO. 13114, AS AMENDED, BY CHANGING THE ZONING Zoning CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 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"; 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: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record. For additional minutes referencing item PZ. 1, please see "Public Comment Period for Planning & Zoning Items. " Chair Hardemon: I'd like to return to the top of the agenda, PZ. 1. Francisco Garcia (Senior Director, Planning & Zoning): Thank you, sir. Item PZ.1 is a rezoningproposal for a property at 1247 Southwest 4th Street and 1244 Southwest 3rd Street. This is before you on first reading, and the change proposed is from T5-0 -- I'm sorry --from T4 -L, which is the present zoning designation, to T5-0. This has been recommended for approval by the Planning & Zoning Department, as was by the Planning, Zoning & Appeals Board in a unanimous decision. In addition, I'd like to add that in working with the applicants, they have put together a covenant they wish to proffer that we believe address many of the abutting conditions that we were once concerned about. With that, I'll yield to the applicant, and then I'm happy to respond to any questions you may have. Carlos Lago: Good afternoon, Board. Carlos Lago and Iris Escarra, with offices at 333 Southeast 2nd Avenue. I'm joined here today by the applicant, Bill Fuller and Martin Pinilla, of Capiro Venture, LLC (Limited Liability Company). I'm also joined by our architect, Ivo Fernandez, ofModis Architects. We would like to recognize some of the attendees who are here in support. They've been here -- and I would ask them to stand up. So today we're requesting the rezoning of two mostly vacant lots from T4 - L to T5-0. We're not requesting an amendment to the land use, as the existing designation is consistent with a T5-0 request. The property's assembled with the adjacent site located to the east, which contains a four-story mixed use shopping City of Miami Page 10 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 center, with retail, office, commercial, and educational uses. The Capiro Shopping Plaza, as (UNINTELLIGIBLE) noted previously, has served the Little Havana neighborhood in this area for over 40 years. The plaza primarily consists of small mom-and-pop stores that serve the area and the adjacent neighborhood. The rezoning will allow us to create an efficient parking garage to serve the existing uses. The Planning Department has found the rezoning to be consistent with the surrounding areas. The property is located less than a quarter mile from the Calle Ocho Entertainment and Commercial District, as well as proximate to the City's health district. The existing buildings in the surrounding areas primarily consist of multifamily uses, as well as eight plexes, six plexes, and four plexes. Abutting our project is an existing 12 -story building, developed under Zoning Ordinance 11000. The applicant has proffered a covenant, a restrictive covenant with additional safeguards to minimize the impact of development on the abutting properties. My colleague, Iris Escarra, will be actually handing out that covenant for your review. There's three main points I would like to bring up. Actually, we are reducing the building height. The T5 -O permits 81 feet; we are reducing the building height to 64. We're also increasing the setback. The permitted setback would be six feet, and we are more than doubling that setback to 15. Within that 15 foot buffer that we're going to be creating cross -block -- more access as well -- we will be landscaping it to create screening and with sufficient landscaping to create screening and create access for the neighborhood. Ivo Fernandez now will make a short presentation on the landscaping and screening design proposal. Ivo Fernandez: Good afternoon. My name is Ivo Fernandez. I'm the principal of Modis Architects, 4955 Southwest 75th Avenue. I have four points that I want to speak about regarding the garage and its adjacencies, so the first one is the height, as Carlos mentioned. We have -- we're asking for a -- in the T5 scenario, we would have a maximum height of 81 feet, based on a ground level retail, and four 14 foot height plates. That would, in turn -- which is the exhibit on your right; would be the one on your right-hand side. Our covenant would be for a 64 foot height restriction, which is 17 feet lower than the Code requirement. The height really is the minimum to -- that we've calculated to design a -- an efficient garage, still having a tall liner on the ground floor for retail and other pedestrian uses, and the minimum plates that really are desired for a functioning -- a wall functioning garage. This also will allow us to provide appropriate liners, both on the north and south fagades, facing the internal streets. Why -- you know, why the three -- why the 40 feet really doesn't work is because it really is not an efficient layout for our decks. If you take the 40 feet and you remove the ground level retail, then you're barely left with two floors ofparking. The other point will be buffer and setbacks. So as part of the request that we're making is we're requesting a fif --or we're providing a 15 foot setback, and this is essentially nine feet greater than the six foot that's required for a T4 adjacency. The setback would create a clear thru-block crossing, and it would be landscaped and paved. Right now the -- what is anywhere an equivalent of a thru-block crossing in this area is essentially the alley that runs parallel between the Capiro retail building and the two-story kind of half -built garage that sits immediately behind it, which is -- also happens to be where this garage will be built. The buffer would be essentially shrubs and trees that would provide additional screening. Moving into landscape. The building fagade would incorporate a screen wall element to reduce wall exposure to the west, and here's some images of what those could look like. The 15 foot setback would always provide us sufficient room to provide some -- initially, plant some fairly mature trees, which would although -- also further increase the screening along the fagade between the neighbor and ourselves. The canopy -- the trees will be large enough that the canopies would -- and close enough in intervals that the canopies would actually touch and create a continuous canopy and not a very sparse effect. This would also, again, further increase the screening along the garage fagade. Then ultimately, the garage -- the benefits to this garage. Right now there was -- this garage -- we're replacing a outdated and really nonfunctional, partially built old garage City of Miami Page 11 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 structure. And if you're familiar with the area, you'll see it looks very odd. It's kind of partially underground and partially aboveground; has columns that stick out and really go nowhere. It eliminates the existing alley; currently a safety concern between the Capiro retail building and that garage building, and now providing a new and more inviting pathway between the through block. Commissioner Suarez: Is this the last item? Mr. Fernandez: Excuse me. It would reduce the current parking impact that surrounds our neighbors in this particular area. As you know, as the building -- retail building has continued to increase in vehicular traffic, and parking is scarce along 12th Avenue, resident -- I mean -- I'm sorry -- visitors tend to park down the neighborhood blocks. The building incorporates not only retail, but it also has office and educational uses, so therefore, creating additional parking requirements, so today this garage would definitely fulfill that. The parking would, of course, benefit the current retail and office development as a whole. And I think, more importantly, the additional parking would serve the surrounding existing businesses, which currently are limited in their parking. A lot of the facilities and a lot of the buildings along 12 Avenue are very small, urban -type retail, with very limited parking. Most of the parking is on -street parking. This, in turn, would promote more visitors to the surrounding and serve the community for many years to come. Mr. Lago: Thank you, Ivo. So we've also handed out more than 10 letters, signed by local business owners and residents, in support of this rezoning that's been included in your package. And I'd also like to point out that we have the recommendation and approval of the Planning & Zoning Department, as well as unanimous approval from the Planning, Zoning & Appeals Board. We remain to any -- answer any questions you may have, and thank you very much. Commissioner Gort: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Gort: Let me ask you a question. How many businesses are located in the shopping center, more or less? Mr. Lago: 40. There's 40 businesses. Commissioner Gort: More or less, you're very knowledgeable of business. How many employees you think are in there? How many jobs are being created by that shopping center? Mr. Lago: How many jobs? There's probably 150 jobs, direct jobs thatgo there every day. Commissioner Gort: Thank you. Mr. Lago: That's an economic engine to the neighborhood. Chair Hardemon: Is there any further discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Carollo: Thank you, Mr. Chairman. So here's where I have some concerns, and, you know, I know you all reached out. Because of Jennings Rule, I City of Miami Page 12 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 said, you know, "Let's take it to Commission. But you know that saying, `A picture says a thousand words"? Mr. Lago: Yes, sir. Commissioner Carollo: Here's the concern that I have: When you look at the map, you clearly see that this is the only property that actually go into the neighborhood that would now be upzoned. I have a concern with that. I mean, the diagram looks very beautiful, but I have a concern with that, and I want to see how we can discuss it and -- Mr. Lago: Correct. And that's why we've -- Commissioner Carollo: -- maybe -- you know, and I was discussing it with our Planning director, because, I mean, like I said, a picture says a thousand words. You see it right here. Mr. Lago: That's correct. Commissioner Carollo: Clearly, you know, intruding into the neighborhood. Mr. Lago: So that's why we have proffered the restrictive covenant. And one of the main things that we've proffered in that (UNINTELLIGIBLE) the restrictive covenant is reduced building height. So ifI can show you in this diagram, you'll see that the T4 permits 40 stories; the TS permits 81. Commissioner Carollo: Exactly. Mr. Lago: We are proffering 64, so that creates a transition that is appropriate for the area, from the T4 to the TS. So that mitigates, you know, the impacts to the development. Additionally, we have -- we're offering an increased setback. Where the setback now is six feet, we're offering 15. That also creates separation, and also screens and permits access for the neighborhood. Commissioner Carollo: Okay. I'm going to make a motion to approve with the covenant. However, between first and second reading, we need to get together and -- with the Planning director -- Commissioner Suarez: Second. Commissioner Carollo: -- we all need to get together -- Commissioner Suarez: Second. Discussion. Commissioner Carollo: -- and discuss this -- Commissioner Suarez: Second. Discussion. Commissioner Carollo: -- and move it, but at least I don't want to kill it just -- you know, I want to make sure that we have time to like really, you know, talk this out, because— Commissioner Suarez: Second. Discussion. Chair Hardemon: It's been properly moved by Commissioner of the third district -- Commissioner Gort: Second. City of Miami Page 13 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: -- and seconded by -- Mr. Lago: Will do. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Yeah. And I just -- again, this sort of goes back to the last issue a little bit. Commissioner Carollo: Yeah. Commissioner Suarez: And again, it's -- and I say this respectfully of Elvis. He's a great guy. He really cares about the City, and he knows the Zoning Code very, very well. It's just sometimes, you know, a theory -- and Francisco and I have talked about this many, many times. Sometimes the planning theory comes into conflict with reality. We have to make sure that whatever it is that we're trying to do, particularly if it's supported by the neighbors -- in the case of the other item, it was supported by the neighboring homeowners association. This one seems to be supported by the neighbors, you know, and it's a business owner who obviously has done a tremendous amountfor this community, but in addition to all that, you know, we've done a variety of initiatives, which I thinkwere intelligentforgood purposes, like affordable housing, where we've reduced parking restrictions. Go ahead. You want to jump in there? Commissioner Carollo: Well, I mean, you can't have it both ways. One way, we're reducing parking for Little Havana, but then we're saying, "Hey, there's a great need for it, and we need to increase parking. " So you can't have it both ways. Commissioner Suarez: No, no. I know. But what I'm saying is that -- is also that -- exactly. When you start reducing parking on developments, then every so often, you have to provide for that parking. That's my point. And not only that; you have, you know, situations where, you know, if you don't provide the parking, you're going to have spillover. So that's the problem that I see -- the flaw that I see with Elvis' argument. If you -- you can't say, `Hey, we need more parking so we don't have spillover; " and then a piece of legislation that authorizes parking. "I'm going to be against it, because it's an intrusion. " Can't have it both ways, like you said. So, you know, that's the issue that I see, so. Commissioner Gort: Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Gort: Look, one of the statements that I always make is the City of Miami composed of different neighborhoods. There's some neighborhood that the business district was created 50 years ago, and what happen is we're penalizing some of those businesses within this district that can't grow, because we're not facilitating the way for them to grow, and those people been in business for a long time. That's why I asked how many offices are there, because I know that shopping center very well, and how many people work there. Also, we talked about some of our neighborhoods, we need jobs, and we need to provide jobs also. So this is something we need to look into. Miami 21 -- I always said itfrom the beginning -- it's beautiful if it would have been imposed in a desert where you're going to start a new community. Right now, Miami 21 is going to work, but maybe 50 years from today, as you knock down buildings and houses, and you building according to the new regulation. So this is something I think we need to look at it. And I've asked my Planning Department to look into my neighborhood; my 17th Avenue and my 20th Street, where we had a lot City of Miami Page 14 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 of businesses that's been there for years, and I want to make sure that if they can expand, they can do that. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: I just want to touch on that issue just one second. You know, Miami 21 is good in a lot of things, right? It's not site-specific, though. It's not like 11000, who [sic] used to be site-specific, so you would have a site, you would rezone that site to do a site-specific development, and you would see how the neighbors feel about it, and then you would decide up or down, you know. And I think that is also what kind of gets lost in the shuffle, like you're talking about. You know, everything looks like these nice colors that -- you know, with these boxes, and it looks weird if you move a box or if you shift a box, but the reality is, like you said, we're talking about neighborhoods, and we're talking about specific properties and how they dovetail with a neighborhood. So sometimes I feel like Miami 21 is excessively boxy and excessively rigid, and sometimes I feel like, you know, that -- those boxes and those -- and that rigidity is helpful and does help in a lot of ways, but you're right, unless you're -- What's up? Vice Chair Russell: Sorry. Commissioner Suarez: What, the "boxy" and the "rigidity"? Vice Chair Russell: No, no, no. You're good. Commissioner Suarez: I'll just shut up. Chair Hardemon: It's been properly moved and seconded. Commissioner Gort: No. And look, and I understand -- Commissioner Suarez: Is that the last one? Commissioner Gort: --for you to --and the second --between the first and second, you sit down with them to make sure you get enough covenant and enough protections for the neighborhood. Commissioner Suarez: Yeah. Commissioner Gort: That's what I think. Okay. Chair Hardemon: Any further discussion? Hearing none, all in favor of the motion. Well, ordinance. The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): Mr. Lago, before I say if this is amended or not, was the covenant -- do you -- was the covenant handed over? Mr. Lago: Yes. Commissioner Carollo: Yes. Ms. Mendez: So it's apart of the record. So -- City of Miami Page 15 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Mr. Lago: Yes. Ms. Mendez: --as amended? Mr. Lago: As amended; submitted. Ms. Mendez: Thank you. Todd B. Hannon (City Clerk): Roll call on item PZ. 1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, as amended, 5-0. PZ.2 ORDINANCE First Reading 1030 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL ABSENT: SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 2610 SOUTHWEST 14 STREET AND 2611 SOUTHWEST 15 STREET, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. Item PZ.2 was deferred to the January 26, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing item PZ.2, please see "Part B: PZ - Planning & Zoning Items. " City ofMimni Page 16 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 PZ.3 ORDINANCE First Reading 1031 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 and CLASSIFICATION FROM T3 -R, "SUB -URBAN TRANSECT ZONE - Zoning RESTRICTED", TO T4 -L, "GENERAL URBAN TRANSECT ZONE - LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2610 SOUTHWEST 14 STREET AND 2611 SOUTHWEST 15 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. Item PZ.3 was deferred to the January 26, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing item PZ.3, please see "Part B: PZ - Planning & Zoning Items. " City ofMiand Page 17 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 PZA ORDINANCE First Reading 1032 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL ABSENT: SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 29 NORTHWEST 42 STREET, 30 NORTHWEST 44 STREET AND 4202- 4330 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM " DUPLEX RESIDENTIAL" AND "LOW DENSITY RESTRICTED COMMERCIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. Item PZ.4 was deferred to the January 26, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing item PZ.4, please see "Part B: PZ - Planning & Zoning Items. " Note for the Record. For additional minutes referencing item PZ.4, please see "Public Comment Period for Planning & Zoning Items. " City ofMiami Page 18 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 PZ.5 ORDINANCE First Reading 1033 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning and NO. 13114, AS AMENDED, BY CHANGING THE ZONING Zoning CLASSIFICATION OF THE PROPERTIES LOCATED AT ABSENT: APPROXIMATELY 29 NORTHWEST 42ND STREET, 30 NORTHWEST 44TH STREET AND 4202-4330 NORTH MIAMI AVENUE, MIAMI, FLORIDA FROM T3 -L, "SUB -URBAN TRANSECT ZONE -LIMITED", AND, T4 -L, "GENERAL URBAN TRANSECT ZONE -LIMITED", TO CI, "CIVIC INSTITUTION"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. Item PZ.S was deferred to the January 26, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing item PZ. -5, please see "Part B: PZ - Planning & Zoning Items. " Note for the Record. For additional minutes referencing item PZ.S, please see "Public Comment Period for Planning & Zoning Items. " PZ.6 ORDINANCE Second Reading 1222 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, Department of FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING Planning and ARTICLE 1, ENTITLED "DEFINITIONS", MORE SPECIFICALLY TO Zoning ADD SECTION 1.5 ENTITLED, "DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM"; AND ARTICLE 3, ENTITLED "GENERAL TO ALL ZONES", MORE SPECIFICALLY TO ADD SECTION 3.16 ENTITLED 'PUBLIC ART REQUIREMENTS"; AND ADDING A NEW ARTICLE 11, ENTITLED "ART IN PUBLIC PLACES PROGRAM"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez City, ofMiami Page 19 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Note for the Record. Item PZ.6 was deferred to the January 12, 2017 Regular Commission Meeting. Note for the Record. For minutes referencing item PZ. 6, please see "Part B: PZ - Planning & Zoning Items. " PZ.7 ORDINANCE Second Reading 1228 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning and OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS "SPECIFIC Zoning AND TABLES", AND ARTICLE 5, ENTITLED ABSENT: TO ZONES", TO REVISE LOT AREA AND LOT WIDTH MINIMUMS AND MAXIMUMS FOR T4, T5, AND T6 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Wilfredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. Item PZ.7 was continued to the December 8, 2016 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing item PZ. 7, please see "Part B: PZ - Planning & Zoning Items. Note for the Record. For additional minutes referencing item PZ. 7, please see "Public Comment Period for Planning & Zoning Items. " City of Miami Page 20 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 PZ.8 RESOLUTION 1158 VOLUNTARILY WITHDRAWN BY APPELLANT ON 11/05/2016 - A MOVER: RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR Department of DENYING THE APPEAL FILED BY THE GROVE TREE -MAN TRUST, Planning and INC. ("TREE -MAN TRUST") AND AFFIRMING OR REJECTING THE Zoning DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN APPEAL OF THE ISSUANCE OF INTENDED DECISION BD15-015711-011 & 16-166 FILED BY THE TREE -MAN TRUST REGARDING THE REMOVAL AND MITIGATION OF TREES LOCATED AT APPROXIMATELY 2958 BIRD AVENUE, MIAMI, FLORIDA. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. For minutes referencing item PZ. 8, please see "Part B: PZ - Planning & Zoning Items. " PZ.9 ORDINANCE Second Reading 1048 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning and NO. 13114, AS AMENDED, BY CHANGING THE ZONING Zoning CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 734, 720, AND 716 SOUTHWEST 7 STREET, MIAMI, FLORIDA, FROM T5 -L, "URBAN CENTER TRANSECT ZONE - LIMITED", TO T5-0, "URBAN CENTER TRANSECT ZONE - OPEN"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13649 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: PZ.9? Carlos Lago: Thank you, gentlemen. Commissioner Suarez: Thank you. Francisco Garcia (Senior Director, Planning & Zoning): Thank you. Item PZ.9 is before you on second reading. It is a rezoning proposal -- the land use is already in place --for a property at -- or properties at 716, 720 and 734 Southwest 7th Street. City ofMiami Page 21 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 The proposed change is from T5 -L to T5-0, and it has been recommended for approval by both your Planning & Zoning Department and the Planning, Zoning & Appeals Board unanimously. This is a clean expansion of an existing T5-0 zone. The only change is that it changes from "L" to "O, " but there is already along 7th Street a very well-established pattern of commercial activity, which is why we have recommended approval. Happy to answer any questions. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Hardemon: It's been properly moved and seconded. Is there any further discussion? Hearing none, read it into the record. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ. 9. A roll call was taken, the result of which is stated above. Unidentified Speaker: Thankyou. Mr. Hannon: Passes on second reading, 5-0. PZ.10 ORDINANCE Second Reading 1050 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 1547 NORTHWEST 24 STREET AND 1548 NORTHWEST 26 STREET, MIAMI, FLORIDA, FROM "DUPLEX -RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. Item PZ.10 was deferred to the January 12, 2017 Regular Commission Meeting. Note for the Record. For minutes referencing item PZ.10, please see "Part B: PZ - Planning & Zoning Items. " City of Miami Page 22 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 PZ.11 ORDINANCE Second Reading 1051 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Department of NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning and CLASSIFICATION OF PROPERTIES LOCATED AT APPROXIMATELY Zoning 1547 NORTHWEST 24 STREET AND 1548 NORTHWEST 26 STREET, MIAMI, FLORIDA, FROM T3 -L, "SUB -URBAN TRANSECT ZONE - LIMITED", TO T4 -L, "GENERAL URBAN TRANSECT ZONE - LIMITED", MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record. Item PZ.11 was deferred to the January 12, 2017 Regular Commission Meeting. Note for the Record. For minutes referencing item PZ.11, please see "Part B: PZ - Planning & Zoning Items. " PZ.12 ORDINANCE Second Reading 1052 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning and AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI Zoning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL ABSENT: SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 5434 NORTHEAST MIAMI COURT AND 3 NORTHEAST 54 STREET MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13650 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Chair Hardemon: All right. PZ.1 Citv, ofMiami Page 23 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Francisco Garcia (Senior Director, Planning & Zoning): Sir, items PZ.1 and the next item on the agenda for consideration today, which is PZ. 9, are both in District 3. Perhaps we can move on to the next item and allow for Commissioner Carollo to come back. Chair Hardemon: All right, PZ. 12. Mr. Garcia: Thank you, sir. Item PZ.12 is the next item on the agenda. It is companion to PZ. 13. Together, they are the land use and rezoning proposal for properties at 5434 Northeast North Miami Court and 3 Northeast 54th Street. This is before you on second reading. And the zoning change itself is from the classification of T4 -R, which it is presently, to T5-0, and that would unify the zoning designation for the entire parcel of land that is unified presently. The Planning, Zoning & Appeals Board recommended approval, as has your Planning & Zoning Department. We're happy to defer to the applicant to answer any questions you may have. Chair Hardemon: The Chair would like to entertain a motion to approve. Vice Chair Russell: I'll move it. Chair Hardemon: It's been properly moved by the Vice Chairman; seconded by the Chair. Any further discussion? Hearing none, all in favor of PZ.12 -- Todd B. Hannon (City Clerk): It is an ordinance. Chair Hardemon: Ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ. 12. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.13 ORDINANCE Second Reading 1053 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning and NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4 -R, "GENERAL URBAN ZONE - Zoning RESTRICTED", TO T5-0, "URBAN CENTER ZONE -OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5434 NORTHEAST MIAMI COURT, AND 3 NORTHEAST 54 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13651 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo City of Miami Page 24 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Note for the Record: For minutes referencing item PZ.13, please see item PZ.12. Chair Hardemon: The Chair would like to entertain a motion on -- accept PZ. 13. Commissioner Suarez: Move it. Chair Hardemon: It's been properly -- Commissioner Gort: Second. Chair Hardemon: -- moved by Commissioner Suarez; seconded by the Vice Chairman [sic]. And briefly, in discussion, there's -- I know the -- The parties are here, right? Are the parties here? Who represents PZ.12 and 13? Was that the (UNINTELLIGIBLE)? Commissioner Suarez: Let me guess. Mr. Fernandez? Melissa Tapanes-Llahues: Yes. Commissioner Suarez: Go ahead. My, Mr. Fernandez, you look so different today. Ms. Tapanes-Llahues: My partner, I'm sure, is around the building. My name is Melissa Tapanes-Llahues -- Commissioner Suarez: Need to step up and be a team player. Ms. Tapanes-Llahues: -- and I have the pleasure of being Mr. Fernandez's partner; with offices at 200 South Biscayne Boulevard, Miami. Chair Hardemon: Yeah. I think he's coming now. How you doing, sir? Ms. Tapanes-Llahues: Handsome, isn't he? Chair Hardemon: You know, you -- any time your item's here, you got to be here. Ben Fernandez: Too fast. Chair Hardemon: Things change, you know: Mr. Fernandez: You're too fast, Mr. Chair. Chair Hardemon: Things change really quickly. No. Mr. Fernandez: Thank you. Chair Hardemon: In the Family Dollar building, they have -- and this is -- On the frontage of 54th Street, they have windows, and in those windows, then they have like a draw -- like a pull-down -- I guess you -- I don't know what they're made of, but you've seen -- they protect -- Mr. Fernandez: Yep. They're like screens that -- Chair Hardemon: Right. Mr. Fernandez: --you can't see through. City of Miami Page 25 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: You can see through them. Mr. Fernandez: Right. Chair Hardemon: You can see through them. And then -- but there's a wall just behind it, so it's almost as if that's the back part -- the window isn't into the store. It's the windows to a wall, right? You've seen it, correct? Mr. Fernandez: Yes. Chair Hardemon: And I've watched it for some time now. So it seems to be like they don't wantpeople --that's not a place where patrons can go. That's not a place where -- I don't even think they normally walk, because I never ever see anyone there. Is there any way that they can put something -- I'm not telling anyone to do anything, but Mr. Fernandez: Make that more inviting? Chair Hardemon: Well, put community art on the wall that's inside the windows, so that when people pass by there at night time and there's light, you can actually see art as you pass by, because right now, it's like looking at -- Mr. Fernandez: It's the screen. Chair Hardemon: Right. So it's like -- Mr. Fernandez: (UNINTELLIGIBLE). Chair Hardemon: It's a window to a wall. Mr. Fernandez: And it's a long wall. Chair Hardemon: Right. It's probably three large windows to just a wall, so I know -- especially in that area, there's a lot of art that they've been putting onto the walls. It's like Wynwood, ifyou will. So it's beautiful, the changes that are coming there. But I just see there's so much of a lost opportunity for Family Dollar to participate in the community art by just putting something on the wall from the community. It's not -- something that -- I mean, just something that can hang on the wall, so just mention that to your clients. Mr. Fernandez: Absolutely. It's a great idea. It's a real opportunity. Chair Hardemon: Thank you. Any further discussion? The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ. 13. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Chair Hardemon: Thankyou very much. City of Miami Page 26 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 PZ.14 ORDINANCE First Reading 1220 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE DOWNTOWN MIAMI Planning and DEVELOPMENT OF REGIONAL IMPACT ("DDRI"), ENCOMPASSING Zoning AN AREA OF THE CITY OF MIAMI ("CITY") UNDER THE ABSENT: JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") WITH THE EXCEPTION OF THE AREA ENCOMPASSING THE SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF REGIONAL IMPACT ("SEOPW DRI"), AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE DDA; AUTHORIZING AN INCREMENT III DEVELOPMENT ORDER; APPROVING SAID DDRI AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY'S PLANNING, ZONING AND APPEALS BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT III DEVELOPMENT ORDER ATTACHED HERETO AS "EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL, INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE INCREMENT III DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF THIS RESOLUTION AND THE AMENDED DDRI INCREMENT III DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT III DEVELOPMENT ORDER; PROVIDING FOR A TERMINATION DATE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Chair Hardemon: PZ. 14. Francisco Garcia (Senior Director, Planning & Zoning): Thankyou, sir. Item PZ. 14 is before you on first reading. The joint applicants for this particular item are both the City ofMiami City Administration and the Downtown Developmen I Authority, here represented. And this is before you as the request for approval for the Downtown Development of Regional Impact permits, Increment III. Basically, the request is to allow this document to move forward and be approved so that the development capacity, presently contained within the Downtown DRI permit, can be expanded to accept imminent development that is, in many cases, already in the pipeline. To provide you further assurances -- and I think the attorneys who have been working on this may have something else to offer, but the projected amount of development, and the one that is captioned in the permits, has already been vetted for concurrency Citv, ofMiami Page 27 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 purposes, and it has also been reviewed and approved by all the stakeholders, including other agencies, local, State, all the way up to the Department of Economic Opportunity. With that, I will yield to our attorneys, and we will be happy to answer any questions you may have. Subsequent to the presentation, I'd also like to raise an issue regarding -- and I've mentioned it to some of you -- or I believe to all of you in briefings -- some unintended consequences I believe that -- or, perhaps, intended consequences that an ordinance passed by Miami -Dade County some years ago may have on the application of Increment III, but I'll reserve that until after the attorneys have presented. Chair Hardemon: Okay. Do you know why -- and on Planning & Zoning and Appeals Board, the recommended approval was 9-1. Do you remember what the one dissent may bel Mr. Garcia: The -- clearly, the result of this approval would continue to increase the amount of develop that takes place in the urban core. I am all too aware, Mr. Chair; that there are some in this community that are averse or concerned about additional development. There are some that are --perhaps rightfully -- concerned about the proliferation of buildings and the failing infrastructure. What I'll say very briefly -- and I'll entertain any additional questions -- is that we believe -- and certainly, it is the intent of the Comprehensive Neighborhood Plan in our Zoning Ordinance -- that incentivizing development in the urban core will help reduce the amount of commuter traffic that takes place in Miami -Dade County and thus improve the condition of our thoroughfares in terms of traffic as we experience it presently. But as to what the concern was to capture that one vote of concern, it has to do with simply additional development. Chair Hardemon: Are you ready? Joseph Goldstein: We just made it. Chair Hardemon: Okay. Glad. Mr. Goldstein: Good afternoon. My name is Joseph Goldstein. I'm an attorney-at- law -- law offices at 701 -- Commissioner Gort: Can't hear you. You got to bring the mike up. Mr. Goldstein: Good -- now, can you hear me? Good afternoon. My name is Joe Goldstein. I'm an attorney with law offices at 701 Brickell Avenue, here on behalf of the Downtown Development Authority and, essentially, you. I'm here with mypartner; Ines Marrero; as well as a couple of representatives from Kimley-Horn, Alberto Herrera and John McWilliams. Alberto is a civil engineer; John is a transportation engineer. We also have representatives from Lambert Advisory, who are economic consultants; as well as Andy Dolkart, who is our housing and economic consultant. We're here representing, as I'd indicated, the DDA (Downtown Development Authority) and you, relative to the expansion and approval of the Increment III of the Downtown DRI. I won't go into a whole lot of presentation. I think that you're all familiar with what a DRI (Downtown Regional Impact) is. It's an instrument that was devised in the 1970s, actually, to measure and address regional impacts within various areas; to address -- to make sure that developments did address regional impacts, not so much local impacts. The Downtown DRI --a Downtown DRI was intended to take an area and then figure out how development can occur there without individual buildings having to go through the DRIprocess and address the regional impacts. It's really an intergovernmental coordination type of document and exercise, and it's a planning exercise, and it's intended to make sure that neighboring communities don't get severely impacted by development. This DRI -- the master incremental DRI for City of Miami Page 28 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 the City of Miami was first approved in the middle 1980s. It contemplated three phases, or three increments of development. Again, at the time in the middle 1980s -- and it's hard to sort of transfer yourself back 30 years, but the City was looking at planning and trying to get people to move downtown and trying to -- and you've all heard this term, `Eastward Ho"was coming into vogue. So as a result, the City made a careful study of the entire downtown, as well as the impacts outside of the downtown, and they prepared a DRI that was a master development for that whole area that addressed master issues for that whole area. The original phase or the original increment, you can see -- it's not -- Chair Hardemon: Yeah. I saw you kept looking down, but our page isn't turned yet. It's still (UNINTELLIGIBLE). Mr. Goldstein: Your pages haven't turned? Chair Hardemon: No. Mr. Goldstein: Mine's turning. Chair Hardemon: Yes? Mr. Goldstein: Yeah. So ifyou all want to come here -- Chair Hardemon: Counselor; can you describe what's on your screen? Mr. Goldstein: Yes, I can. I can do better than that. I can hand out -- Commissioner Suarez: That would work. Chair Hardemon: Can you -- to the -- Mr. Goldstein: -- my presentation. Chair Hardemon: You can pass it to the Clerk, for the record. Is that a Microsoft product? Mr. Goldstein: It is a Microsoft product. I have my HP (Hewlett-Packard) product over there, but I'm not about to take another five minutes to try and set that one up. The bal -- let me just -- so go to the first page that you have there, and I apologize to the audience. It shows the boundaries of the Downtown DRI. The boundaries of the Downtown DRI is that area that is within the boundaries of the down -- of the DDA and -- except for the portion of the DDA area that is Southeast Overtown/Park West. So there are really two Downtown DRIs that you guys have been administering over the years. One is the Downtown DRI; the second is Overtown/Park West. By the way, speaking of the DDA, Alyce Robertson is also here, and I actually had her first on my list of introductions, but zipped past her. The next page shows the three different increments and how much development was approved during those increments. Again, we're in Increment III. We're seeking the approval of Increment III. We're actually in the middle of development of Increment IT And again, I'm trying to go through this; you have along agenda. Within Increment III, we contemplated --when the master DRI was first approved, the development -- the City projected how much development would occur in each increment. When we came to Increment III, recognizing that the first increment was approved in 1985 -- and the master was approved in 1985, we sat down with the DDA, and the DDA made it very clear to us, as well as the City Planning Department, because this was very much an interactive process, made it very clear that they wanted to really take a close look at what was conceived of in 1985, and to make sure that it's brought up to date, and we did two City of Miami Page 29 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 things, in particular. First and foremost, we took a close look at the development program that was proposed for Increment III, recognizing that things probably have changed in the past 20, 25 years, and we ultimately came up with a program that actually increased some of the level of development within the downtown. Primarily, we added about 15,000 residential units, because residential movement to downtown has been extraordinarily successful, both in terms of attracting folks, but more importantly, having folks live, work, and play in the downtown. So the planning has really worked as that relates to the goals of the City of Miami at the time. The second part of the exercise: When the original Master Development of Regional Impact was approved, we were actually not required -- and you can go to the next page, which is "Master Increment Requirements" -- the master concluded that we didn't have to take a look at a number of items: water quality, wetlands, flood protection, vegetation, wildlife, archaeological, energy, schools, recreation, and open space. And they said there were some things that we should look at and -- but -- those air quality, economic, and employment opportunities, transportation, and the infrastructure requirements that are out there. And they said that the only thing that we could actually be denied on would be transportation requirements. We sat down with the City staff, we sat down with the DDA staff and both agreed, and both said very strongly that we should look at far more than what we had to look at. So if you go to the next page, which is Increment III, "Subject Areas and Mitigation, " we actually took a look at over 20 subject areas. We revisited everything, and we added some things to the areas of study. So we looked at that laundry list of items and wanted to make sure still that Police and Fire were being addressed, that housing and transportation were obviously being addressed. The Regional Planning Council staff made it very clear to us at the time that they wanted to have us take a look at sea level rise. The School Board had a number of concerns that we needed to work through. So of that list, we actually went through and studied extensively all of those subject areas; answered all of the DRI questions as if this was a new development of regional impact, and then worked through with the Regional staff -- and the Regional staff are here -- Karen Hamilton and Bob Hambrick -- to make sure that any issue that should be addressed was being addressed. As it turned out in the analysis, it was determined that there was actually only one subject matter that had regional issues; that everything else was relatively satisfied, and that was schools. That being said, again, when you go through the process, you mitigate regional issues. We actually, at the direction again of everybody, mitigated virtually everything. So ifyou look at that table, you can see that some of these subject matters had been addressed in the master increment, with conditions. We've addressed many of them with belt and suspenders in this particular development order. So we really went through the gamut of study. Of significance -- and I will try and close this out a little bit -- as we went through the process -- and again, this process involves going to all of the State and regional agencies, and all the municipalities in the surrounding area -- there were four areas that were ofparticular concern to the Regional Planning Council, to the regional agencies, and those areas are the ones with the asterisk. transportation and transit, housing, education, and sea level rise. What that really means is that to the extent that even though we're not creating regional impacts, these were areas that needed to be addressed. We sat down with the appropriate agencies that needed us to do the study. First of all, as it relates to schools, we had a very extensive dialogue with the School Board to try and address their concerns, while trying to impose on you -- or have you impose on yourselves reasonable conditions that can workfor what you want to accomplish. It's very clear to all of us that went through the process that there is a downtown problem, particularly in providing school -- student station space for elementary school students, and so we drafted a condition that helped to try to address that. At the same time, the staff can then talk to you about further work that they've been doing throughout this process. The DRI condition that we imposed on ourselves for schools recognized that there is an interlocal agreement that's out there relative to schools, so no development can go forward unless they comply with the school concurrency; can't pull a building permit for new development unless you have the student stations for City of Miami Page 30 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 the kids. We put in the development order condition that we had to make sure that everybody met that. The second condition that we imposed was a level of coordination with the Public School System to try and identify appropriate locations for public schools somewhere within the downtown, particularly as it relates to the elementary school students. And finally, we, with the Regional Planning Council staff, worked through the concept of you all creating a task force to look at other creative school options. Now, whether those are charter schools, whether those are private schools, but, you know, we wanted to try and create a blend, an opportunity for you all to try and figure out the best way to address students. The next one, housing; if you want to flip the page. Workforce and affordable housing has proven to be a significant issue for all of us. It's in the newspaper everyday. It's an important issue at the Regional Planning Council level. We worked through a condition that essentially was similar to but not identical to what was in Increment II. It contemplated that the equivalent of 15 percent of what we're proposing, 2,700 dwelling units, would be -- would -- located within a 10 -mile or 20 -minute commute shed. We'd work over the next 10 years to provide that level of housing that qualifies in the workforce level; essentially, the 60 to 140 percent of AMI (Average Median Income) level that sort of lost that vacuum, that isn't covered by the tax credit stuff and isn'tpurely market rate. So there's a requirement to make sure that the housing would be at that level for a period of 20 years; a covenant very similar to -- I don't know whether you're familiar with what Commissioner Jordan is working on at the County, but trying to be consistent with what's being proposed there; as well as to require us, along with the Regional Planning Council, to explore creative affordable workforce solutions: micro units, other things, but, you know, not to just limit yourselves as to solutions. Sea level rise: Again, at the time, the current County Chief Resilience Officer; Jim Murley, was -- at the time that we started this process in 2014, was the director of the Regional Planning Council, Sea Level -- he's on the Sea Level Committee with Harvey Ruvin, and it's an important issue to him. We went through answering a number of questions. We imposed a condition that imposed both your Neighborhood -- Comprehensive Neighborhood Plan conditions upon yourselves to work with the neighborhood compact, to work within the County's confines, and also to work with the Sea Level Rise Task Force. Finally, we also contemplated that you should look at -- when I say "we, "I mean the region and the State agencies and the County -- that you should look at creating an adaptation and action area with -- as you -- part of your EAR (Evaluation Appraisal Report) process; really, to take a look at downtown and see if there are hardening policies, things that you can do to really make it work. Finally, in terms of transportation and mobility, we did a traffic study. It was a very thorough traffic study, and again, fully vetted by all of the State and regional agencies. In the end, we were requested by Miami -Dade County to assist in the -- in transit. We -- when we do our analysis for traffic here, it's based on people trips, and people trips are primarily relying upon transit to get to downtown. The County pointed out to us that there are some regional transit improvements that were -- that made some sense; that 17 percent of our traffic would be using that, so they came up with a requirement that $6 million would be going toward transit. We also had some other transit commitments to some roadways within the downtown. And they also recommended that we work on -- in our Comp Plan and future zoning decisions, TDM strategies; that's ride shares, driverless cars, all of those things that would make things effective. As you know, the PZAB recommended -- Chair Hardemon: Right. The rest of your presentation is the recommendation from the PZAB and the DDA. Mr. Goldstein: That's it. Chair Hardemon: That's -- we're familiar with that. City of Miami Page 31 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Mr. Goldstein: Yeah, PZAB and DDA both recommended approval, and hopefully, I can answer whatever questions you may have. Chair Hardemon: Are there any questions? Vice Chair Russell: I'll move it for discussion. Chair Hardemon: It's been properly moved -- Commissioner Gort: Second. Commissioner Suarez: Second for discussion. Chair Hardemon: -- and seconded. Moved by the Vice Chairman. You can use Commissioner Francis Suarez as the seconder. Discussion. Commissioner Suarez: You want to go ahead first -- Vice Chair Russell: Sure. Commissioner Suarez: -- since you're the district Commissioner? Vice Chair Russell: Thank you very much, and thank you for all your work on this. Thanks for the workshop you gave with me and my office, and as well at the DDA. We've had several heated discussions about this. It might otherwise seem boring to some, but this is really important stuff. I'm a big believer in the idea that development only becomes overdevelopment when our infrastructure and amenities don't keep up with it; when the residents feel that development and don't have the right infrastructure to allow them to enjoy their surroundings in harmony. In theory, I understand this roadmap now, and I really thank you for bringing me through it. It gives us the tools we need to move forward with development, and gives us a roadmap, a guide of what we need to do to keep it with up. In practice, however, if you asked the average resident out in the street if they feel we have enough transit or air quality or schools or everything, you know, they would say that we're not making the grade, that we're not meeting the report card. We have a lot of work to do, so I appreciate your help on this. And I'm glad we'll be moving into phase three so that we can unlock a lot of the potential funds to help address some of these issues. Chair Hardemon: Any further discussion? Commissioner Suarez: Yes, Mr. Chair. Chair Hardemon: You're recognized. Commissioner Suarez: Thankyou. I would just echo the Vice Chairman's comments. And I would add that I know that if this passes, one of the things that the County's talking about is imposing a building -- a transportation impact fee? You could just say 'yes "or "no." Mr. Goldstein: Yeah, I can explain. Commissioner Suarez: I don't think you need to explain it, but just say 'yes " or "no. " Mr. Goldstein: There is already an impact fee in place. Commissioner Suarez: Correct. City of Miami Page 32 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Mr. Goldstein: Your grandfathering will expire -- Commissioner Suarez: Correct. Mr. Goldstein: -- at a certain level of development and -- Commissioner Suarez: So the answer is "yes "? Mr. Goldstein: The answer is that you will --yes, be subject to -- Commissioner Suarez: Most likely. Mr. Goldstein: -- an impact fee at some point toward the -- two/thirds of the way through, probably, of this project. Commissioner Suarez: Makes sense. So I just -- you know, my request of the -- this board is that they allow me as the MPO (Metropolitan Planning Organization) member for the City and the Vice Chair of the MPO to have conversations with the County, County Commissioners, and with the Mayor about dedicating those potential impact fees to the Miami portion of the bay link. We -- it goes to the heart of what you're concerned about and what the residents that you and I have both met with over many, many months continue to express. We're probably --that --this DRI --I'm not sure if you talked about the density of the DRI. Mr. Goldstein: I went through the program, but no. Commissioner Suarez: Okay. Mr. Goldstein: Not at great length, because it's -- Commissioner Suarez: Right. Well, this area, in conjunction with Brickell, is probably -- comes closest to what a New York density is, in terms of a hundred thousand people per square mile. And so, there, they pay $2 billion for one mile of underground subway system, and I know that because I toured it two days ago in New York. So I just -- my issue is, I want to make sure that if we're -- if our downtown ends up generating all these impact fees, these transportation impact fees that they don't go to other parts of County, but that they go to address the City's -- and I think that's a fair ask, because I think what's happening is, you'll see the County, hopefully in the near future, put out a plan for two or three -- hopefully -- transit lines, and they won't necessarily be the bay link one, which is fine. I think, if we'll get something like this, in conjunction with some of the things that we've done ourselves, I think we'll be okay, because I think what cities like Miami Beach is worried about is, "Look, are we going to operate on a parallel course?" And the fact of the matter is that we have the most density not only in Dade County in that -- in this stretch, but we have the most density, probably, in this stretch south ofAtlanta, for sure; maybe even including Atlanta. And so I think it's imperative that we discuss it with our County brother and sisters, and I would just ask the board to give me some flexibility on that. Mr. Goldstein: All right. Through the Chair, I can also tell you that at least at the staff level, you'll be greeted with open ears to try and accomplish that goal. Commissioner Suarez: Awesome. Mr. Goldstein: It comes down to what is important to you. Commissioner Suarez: Awesome. City of Miami Page 33 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: Commissioner Gort. Mr. Goldstein: And, of course, whatever, ultimately, the County Commission agrees to. Chair Hardemon: Commissioner Gort. No? Commissioner Gort: That's fine. Chair Hardemon: All right. Seeing no further discussion, this is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ. 14. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 4-0. Mr. Goldstein: Thank you all very much. It was -- it's been a very interesting and informative process. Thank you. Chair Hardemon: Thankyou very much. PZ.15 ORDINANCE First Reading 1231 AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning and OF MIAMI, MORE SPECIFICALLY BY AMENDING ARTICLE 1, Zoning SECTION 1.2, ENTITLED "DEFINITION OF TERMS", TO ADD MICROBREWERY; AND BY AMENDING ARTICLE 6, TO ADD SECTION 6.3.6, ENTITLED "MICROBREWERIES"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Let's move on to PZ.15. It's an ordinance, so let's have it read into the record. Francisco Garcia (Senior Director, Planning & Zoning): Thankyou, sir. Very briefly, PZ.15 is an amendment to the Zoning Ordinance, which allows a use called "Microbreweries" to be considered for implementation; only, however, in cultural specialty districts in the City of Miami, and subject to the restrictions set forth in the ordinance. Commissioner Suarez: Move it. Vice Chair Russell: Second. City of Miami Page 34 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Chair Hardemon: It's been properly moved and seconded. Is there any further discussion about the item? Hearing none, all in favor, say "aye. " Commissioner Suarez: Aye. Todd B. Hannon (City Clerk): Ordinance. Chair Hardemon: Oh, I'm sorry. I apologize. Victoria Mendez (City Attorney): An ordinance by the Miami City Commission -- Chair Hardemon: It's already been read into the record. Didn't you read it into the record? Isn't that what you did? Ms. Mendez: He described it. Chair Hardemon: He described it? Oh, okay. Read it into the record. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item PZ. 15. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. MOTION TO: Vice Chair Russell: Cheers. PZ.16 ORDINANCE First Reading 1232 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECONDER: ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Department of OF MIAMI, FLORIDA, AMENDING ARTICLE 3, SECTION 3.6, Planning and ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS"; Zoning ESTABLISHING SUBSECTION 3.6.1(F); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item PZ.16 was continued to the December 8, 2016 Planning and Zoning Commission Meeting. Note for the Record. For additional minutes referencing item PZ.16, please see "Public Comment Period for Planning & Zoning Items. " Chair Hardemon: PZ.16. City of Miami Page 35 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 Francisco Garcia (Senior Director, Planning & Zoning): Thankyou, sir. Item PZ. 16 is before you on first reading. It is an amendment to the Zoning Ordinance, allowing for parking structures to be erected in T3 zoning designations that are abutting T6 and TS zoning designated land, so long as it meets a series of conditions that I will describe momentarily. I wanted to put on the record that this is before you once again. It was remanded to the PZAB (Planning, Zoning & Appeals Board) for some modifications; previously had not obtained the recommendation for approval by the PZAB. It presently has that approval, with the condition that should this, quote/unquote, pilot program be expanded, that it be done so through a four-fifths vote approval of the City Commission. I'll take a moment to read very briefly what the conditions under which this particular pilot program could be implemented. I call it a 'pilot program, "first of all, by way of clar f cation, because it is intended to apply only to the area bounded by Coral Way, Southwest 27th Avenue and Southwest 13th Avenue. So they would have to be single-family or duplex residential properties that abut TS or T6 properties within those boundaries; again, Southwest 27th Avenue to the west and Southwest 13th Avenue to the east. In addition, that residential property, or T3 property, would have to be not only abutting the TS or T6 property, but also unified through a unity of title. In addition to that, the implementation of the parking structure would have to be considered through a -- an exception permit, which itself would require a public hearing. It would be an approval by the Planning, Zoning & Appeals Board, appealable to this board, the City Commission. In addition, that parking structure, it is clearly set forth, would preferably be located underground, but should a portion of it be aboveground -- or all of it be aboveground, then that would be subject to all the form -based requirements that would affect any other T3 structure. Access to the parking structure would be only through the TS or T6 property; that is, the property fronting the commercial corridor, not from the residential streets. And with that, I believe I've described all the restrictions that apply. Having said that, I'm happy to address any questions or comments you may have. Chair Hardemon: Is there a motion for approval on this item, or is there any discussion on the item that we need to have before we have a motion? On PZ. 16, is there any discussion or a motion? Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: So PZ. 16 sort of evolved from a -- an attempt to upzone T3 to T4 that we voted against. The reality is that downzoned Coral Wayfrom 37th Avenue to 17th, which creates a --you know, a lower platform, but there's a condition that exists on the backside of many of the lots, certainly from 37th to 27th, almost exclusively; I think exclusively -- or just about exclusively from 37th to 27th; from 27th and below, some of the lots, as well. And I've, you know, worked on this. You know, in part, I think -- you know, I don't want (UNINTELLIGIBLE) the Commissioner on this one, because I know he's going to want to express his own thoughts on it. You know, I think we had said when we denied it that we were going to try to find a solution to this issue, which is an issue that's existing on the back lots of Coral Way. We since -- there was since proffered sort of a citywide idea, and it was scaled backsignificantly to just address this issue, because it is very acute in nature, in my opinion. I'm willing to work with, you know, some of the people who have expressed issues with it, without a doubt. You know, certain areas, for example, have height limitations to protect them from, you know, the residents, and so, I think it's appropriate to look at certain areas and how they'rezoned to make sure that this is an ultimate protection for our residents. The fear is that we don't -- we're not here perpetually, and what has happened is, the only way to zone a property for parking is essentially to have an upzone with a covenant, and residents just don't -- they don't feel comfortable with that upzoning with a covenant. They just think that that's like a square peg in a round hole. And so, City of Miami Page 36 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 you know, I -- you know, I'd like to move it on first, and I have no problem working with Mr. Cruz and others who have expressed some concern about it. I know that, you know, Silver Bluff has supported it with some caveats, so I'd like those caveats put in between first and second reading, and there was a very detailed letter that was written by Ms. Beba Mann. I'd like those caveats that were expressed to be included. And I definitely want to speak with, you know, Elvis; I respect him, you know. And he and I have spirited debates about some of these issues. And, you know, I'm not saying he's right or I'm wrong, or vice -versa, but, you know, they're all done in good faith to try to find the best fit for our residents. Elvis Cruz: May I, Mr. Chair? Chair Hardemon: Yes. Mr. Cruz: Thankyou. Commissioner, the only two people in the entire City of Miami that I have spoken to that are in favor of this, aside from perhaps a commercial property owner that I have not spoken to, the only two citizen activists that are in favor of it are Paul and Beba Mann. Commissioner Suarez: Right. Mr. Cruz: The rest of Miami Neighborhoods United, very much opposed to it. They were here for the first go -round. And I believe you were in the room -- yes -- when I had my comments earlier. This will only spread. This will not stay. Commissioner Suarez: And I understand that fear. And just like you're afraid that this would spread, this could only spread through Commission action, correct? Right or wrong? Mr. Cruz: Yeah, but -- Commissioner Suarez: Okay. Mr. Cruz: --you're not going to be here forever; sir. Commissioner Suarez: Exactly, and that's my point. You just made my argument. So just like this can spread, people can continue to upzone to T4 with a covenant when I'm not here. And so, what we're saying is there is a more restrictive and more residential friendly alternative to upzoning to a T4 with a covenant, and that's what we were trying to figure out, which is not the square peg in the round hole solution; just like what you did, which I, by the way, supported and I support, holding the line on the 35 feet for MiMo (Miami Modern). It's a smart thing to do, because that area deserves that protection, but that hasn't spread. That 35 foot hasn't really spread. It's something that is unique to that area. This is something that I think is unique to this area, because of the condition of this area. All I'm saying is, you've always kept an open mind when we've had debates; just to keep an open mind on this. I'm not saying -- you know, this is just the first reading, and there are some other items that have been -- other issues that have been proffered. I'm not saying I'll support it on second. Mr. Cruz: Right. Commissioner Suarez: What I'm saying is, I'd like to have an opportunity to sit with you and talk about it and sort of game plan it a little bit. Mr. Cruz: I know you're a very busy man. Did you have opportunity to read the detailed analysis that I sent to all the Commissioners? City of Miami Page 37 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Commissioner Suarez: I haven't, and that's part of the -- part of what I want to do. Mr. Cruz: Okay. Commissioner Suarez: That's part of what I want to do. Mr. Cruz: If nothing else -- Commissioner Suarez: Right. Mr. Cruz: -- you're an attorney. I have another attorney here, I have a Planning director; and there's a City Attorney somewhere over there. This is illegal. This violates the Comprehensive Plan. As I've heard your esteemed Planning director say many times, "You cannot put commercial parking in residential zoning. " This is an attempt at laying over a -- basically a variance; a conditional use of commercial parking in residential zoning. It also violates the underlying Comprehensive Plan, because the underlying Comprehensive Plan is low density residential, not commercial. Commissioner Suarez: So my thing is, if someone has an envelope issue with building a property, they're only left with a solution of upzoning with a covenant. That's the only solution. Mr. Cruz: No, no. They're left with the option of buying the property next to them on the corridor and keeping the commercial on the corridor, as is the whole intent of zoning, to keep commercial on the busy corridor and -- Commissioner Suarez: Agreed. Mr. Cruz: --keep the --protect the residential. Commissioner Suarez: But to use your example, if they have -- Mr. Cruz: Sure. Commissioner Suarez: -- the property on the corridor, and they buy the property next to it, if that property is a T3, they can't build parking to -- you know, to accessorize the commercial -- Mr. Cruz: No. What I'm referring to is on the corridor. Vice Chair Russell: Next to it, not behind it. Mr. Cruz: On Coral Way -- Vice Chair Russell: The T3 is behind. He's talking about buying the one next to it, on the corridor. Mr. Cruz: Correct. Commissioner Suarez: Oh, oh. You're talking about -- yeah. I mean, I suppose you could, in theory. Mr. Cruz: Of course, they could. Commissioner Suarez: Assuming -- but we're talking in theory. I'm not so sure in practice that's doable. That's the problem with -- a lot ofplanning and a lot of even City of Miami Page 38 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 advocacy on both sides, it's wonderful in theory. I just -- I'll give you an example to - - when we downzoned Coral Way from T6-8 to TS in my district, how many TSs have been built since 2009? Mr. Cruz: I haven't kept track. Commissioner Suarez: It's not hard to. Zero. Mr. Cruz: Okay. Well -- Commissioner Suarez: So -- Mr. Cruz: -- there was active recession in there, too, by the way. Commissioner Suarez: Well, look, a lot has been built. A billion dollars' worth of real estate was built last year in the City of Miami. One billion. A billion -two in Miami Beach. So I'm just saying that, you know -- I'm not saying it was wrong. I think I did the right thing. I think -- Mr. Cruz: I think you should have taken it to T4. Commissioner Suarez: Well, maybe. But the MNU (Miami Neighborhoods United) requested it to be TS, and I followed them. Mr. Cruz: Okay. Commissioner Suarez: Yes. It was one of your bullet points on the 33 that you gave me when I first got elected. Mr. Cruz: I only remember T4, but I'll defer to your memory. Commissioner Suarez: Okay, okay. So, anyhow, T4 was 27th Avenue, which I did downzone to T4; 27th Avenue. Mr. Cruz: Yes. Commissioner Suarez: So, anyhow, my point is just that sometimes the theory of something doesn't work with the practical realities of something, and so I've held the line on TS on Coral Way for reasons of being principled on that issue, but I'm trying to find something that works for the back lots, because, for example, I could tell you, 21st Avenue and Coral Way has -- on the back lot, it is a parking garage, so that's already happened. In other words, this fear that you have, it's already happened in multiple properties along Coral Way. Mr. Cruz: More reason to prevent it. Two wrongs, or three orfour wrongs don't make a right. Commissioner Suarez: I get it, but -- all right. Look -- Mr. Cruz: If I may, what I would ask, if you can indulge me? Commissioner Suarez: Sure. Mr. Cruz: Ask the Planning director; is -- or ask the City Attorney, or we've got an attorney -- a couple -- you're an attorney. Commissioner Suarez: Right. City of Miami Page 39 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Mr. Cruz: Is it not illegal to place commercial parking in a T3 zone? Is it not a violation of the underlying Comprehensive Plan of the FLUM (Future Land Use Map)? Victoria Mendez (City Attorney): Obviously, we would have to change the ordinance to reflect it. So if the ordinance is changed, it could be allowed. Mr. Cruz: But that's on -- Ms. Mendez: But it needs an ordinance change. Mr. Cruz: -- the Miami 21 level. On the Comprehensive Plan level, the properties in question behind Coral Way have a Future Land Use Map designation of low density residential. It is in violation of the Comprehensive Plan to introduce a commercial use into that FLUM; is that correct, Mr. Planning Director? Mr. Garcia: What I will -- through the Chair? What I will -- the way I will address that question is as follows: There are clear goals, objectives and policies in the Comprehensive Neighborhood Plan intended to protect residential areas, namely, T3 - R, T3 -L, and T3-0. That certainly is the case that is enshrined in the Comprehensive Neighborhood Plan. The way I've always recommended that we enhance and secure that protection is to implement T4 zoning strips, mediating between the protected residential areas and the commercial areas that exist throughout the City, that is -- and Mr. Cruz has helped me -- has heard me say this numerous times -- that is the intended mechanism to protect the residential areas. Now, in the absence of -- Commissioner Suarez: Can I stop you there just before you continue with it? Mr. Garcia: Sure. Commissioner Suarez: So the backside of Coral Way, between 37th and 27th, is T4, correct? Mr. Garcia: Presently, and any parts of T3. Commissioner Suarez: No. From 37th to 27th. Mr. Garcia: I'm sorry. Further west, it is T4, yes. Commissioner Suarez: Yes, it is T4. So that's my point is -- my point is that that's precisely what I'm afraid of. What he's talking about is what I'm afraid of, which is, he's saying, "Look, the solution is, because of the Miami 21 principles ofscaling down, ifyou have a TS, you backside" -- `zone the backside T4, and then a T4 versus a T3, " which, by the way, is what is happening and what has happened on Coral Way. The other thing that's happened on Coral Way, as you know, and the real offensive thing, I think, is the size of the buildings on Coral Way, and I think that's one of the main reasons why I was motivated to downzone the front side of it, because I think that was a tremendously adverse situation for our residents. I'm just concerned --and I think you're looking at this from a perspective of what it could be somewhere else, and I think that's the concern -- the big concern that you have, and I'm looking at it as what's best for that area, in terms of what are the neighbors who abut that area. You know, you say that it's just Beba and her husband, but Beba is the president of Silver Bluff. You've cited to me that Maria Duval, who's the president of Coral Gate, wrote a letter in opposition. I haven't talked to Maria Duval. And I could tell you that if I sat with Maria Duval, and I sat with you, and I talked to her about this issue, they probably would either not take a position or would be in favor of it. Certainly --and I don't City of Miami Page 40 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 want to put words in her mouth, but they probably wouldn't take a position in it, just because they haven't seen both sides of the story, so -- and it doesn't really affect Coral Gate, per se, because this is something on the other side. So I'm not doubting -- you know, I just think when you're -- obviously, you're going to get -- stack people up, because you're a smart guy and people listen to you. You know, you're going to get - Mr. Cruz: Thank you. Commissioner Suarez: -- you can stack people up in your favor, but I don't think they're getting necessarily the full story or the whole perspective. They're getting one side of a perspective, because you're afraid, understandably, probably because you've been burned many, many, many, many, many times. Mr. Cruz: Can I give you my favorite "Francis Suarez quote " at this time? Commissioner Suarez: Go ahead. Mr. Cruz: You know the one? Commissioner Suarez: No, but I'm sure that I'm -- it's going to be one that you're going to be able to use in favor of your argument. Mr. Cruz: You'll remember it as soon as I say it. Commissioner Suarez: Go ahead. Mr. Cruz: `In the City of Miami, a single-family neighborhood is an endangered species. " Commissioner Suarez: It is. I agree. Mr. Cruz: And we're seeing it today. Commissioner Suarez: I agree. Mr. Cruz: And I'm asking you to protect the single-family neighborhoods. Commissioner Suarez: And I do, and I will, and I have. Mr. Cruz: And I understand where you're coming from. Commissioner Suarez: Because the problem here is, what is the quality of life? And this is why I really didn't want to do this, but I wanted to sit with you in private and talk to you about this, but what is going to be the quality of life? Let's assume that a T5 does get built on Coral Way. What is the quality of life of that T3 resident, that single-family resident that now has to live abutting like -- not abutting, because abutting could be across the street. This is like literally back -- you know, a backyard fence that shares with a building? That -- I don't consider that to be a good quality of life. Mr. Cruz: I concur with you. That should be a T4 over there on Coral Way, not a T5. Commissioner Suarez: I hear you, but that's not the -- that's not what it is. It was downzoned from a T6-8 to a T5, and I would say, there is -- the vast majority ofproduct that's been built there over the last 20, 25 years is above a T4. City of Miami Page 41 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 Mr. Cruz: Yeah. To continue with that, there's a little piece of information, ifI could ask the Planning director again? Okay. The wording of this piece of legislation says that the proposed parking structure that would be in the T3 must conform to the form - based Code for T3, correct? Mr. Garcia: Yes, it does. Mr. Cruz: Would that include the 20 foot rear setback of T3? Mr. Garcia: That, as set forth clearly in the ordinance, would be waived, as it would be waived for any other two properties that are joined through unity of title. In other words, whenever two properties are joined through unity of titles -- right? -- the intervening space between two structures that would be eligible to be built in either property is eliminated; therefore, that parking structure would be able to connect, as intended to be, through the back and the rear yard would be eliminated. Mr. Cruz: Okay. Thank you. I suspected that that was the case, but I wanted you to confirm it to the Commission. So -- Mr. Garcia: Clearly set forth in the ordinance, by the way. Mr. Cruz: -- what he's saying is -- Commissioner Suarez: I know what he said. Mr. Cruz: -- you would have the wall that you mentioned on Coral Way, and the wall would continue as an 'Z" into the T3. So the house next door would have a wall on two sides. Commissioner Suarez: Right. Mr. Cruz: That is not a good thing, to have a single-family home or a duplex with commercial on two sides. Commissioner Suarez: I agree, but it would be worse if it were a T4, would it not? Mr. Cruz: But it doesn't have to be T4, and I think that's where we're going to start getting circular. Commissioner Suarez: And that's why I wanted to sit down with you and sort of map it out and go property by property, because I've actually gone property by property, and I can -- you can see the way that Coral Way has evolved in a very specific, very unique way; just like MiMo is very specific and very unique. And that's why I think -- and I -- again, Igo back to the point of you've been burned probably so many, many times that your trust level is -- Mr. Cruz: And Coral Way has, as well. Commissioner Suarez: Yes, it has, and that's why I downzoned it. You know what I mean? That's why I downzoned it, because I think the buildings were, you know, monstrous -- Mr. Cruz: Yeah. Commissioner Suarez: -- in nature. You know what I mean? And so, you know, I thinkpreserving the T3 quality of life is not only about a T3 specifically, which remains a T3, but also what is next to the T3. You know what I mean? It's what's next to the City of Miami Page 42 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 T3. You know, this -- a 16 -story building? How fair is that when you look at the building on 27th Avenue and Arsenio Millan's block. I forget the name of it right now. But, you know, that's a 16-, 14-, 15 -story building that's next to -- and it's destroyed their quality of life. So, I mean, I think it's about doing things that are responsible; making sure that in the future, our residents are protected. So I think we're talking a little bit past each other, but I would like an opportunity to sit down with you and maybe -- Mr. Cruz: Can I suggest that you continue this item, and we'll have our sit-down? Commissioner Suarez: Move to defer -- Mr. Cruz: Not pass -- Commissioner Suarez: -- to December 8. Mr. Cruz: Okay. Chair Hardemon: It's been properly moved -- Commissioner Carollo: Second. Chair Hardemon: -- seconded. Jaws of victory; jaws of defeat. Commissioner Carollo: Second. Commissioner Suarez: You got it. Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion approved. Mr. Cruz: Thank you time -- for your time, gentlemen. Thank you, Commissioner. Chair Hardemon: Thankyou very much. City of Miami Page 43 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 PZ.17 RESOLUTION 1227 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR MOVER: DENYING THE APPEAL FILED BY BABYLON INTERNATIONAL, INC. Department of AND THEREBY REVERSING OR AFFIRMING THE DECISION OF THE Planning and HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD Zoning APPROVING THE FINAL EVALUATION OF LOCAL DESIGNATION OF A HISTORIC RESOURCE FOR THE PROPERTY LOCATED AT 240 SOUTHEAST 14TH STREET, MIAMI, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: Item PZ.17 was deferred to the January 26, 2017 Planning and Zoning Commission Meeting. Note for the Record. For minutes referencing item PZ.17, please see "Part B: PZ - Planning & Zoning Items. " END OF PLANNING AND ZONING ITEM(S) City of Miami Page 44 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 FL - FUTURE LEGISLATION END OF FUTURE LEGISLATION City of Miami Page 45 Printed on 1/13/2017 City Commission Meeting Minutes November 17, 2016 NA - NON -AGENDA ITEM(S) NA.1 DISCUSSION ITEM 1470 COUNTY COMMISSIONER XAVIER SUAREZ ADDRESSED THE Office of the City CITY COMMISSION REGARDING THE CITY'S INTENT TO ISSUE Cierk BONDS FOR MIAMI MARINE STADIUM. RESULT: DISCUSSED Chair Hardemon: I'd like to take some personal privilege at this time to introduce someone who I think is dear to the City of Miami. Of course, we know him today as our County Commissioner; Xavier Suarez, but yesterday he was our Mayor in the City of Miami for a very long time through some interesting times in the City of Miami, as I understand. And so, I'd like to recognize him to speak. I know he has something he want to address to us regarding the Miami Marine Stadium. I know that we've closed that section of our agenda. That bond issuance or direction has passed, but we still appreciate your presence being here, and would love to hear what you have to say. Commissioner Gort: He's going to give an additional $50 million. Vice Chair Russell: Cheers. Commissioner Xavier Suarez: Thank you. As Chairman and Vice Chair; Mayor, and City Attorney, and representatives of the Mayor and Commissioners, you got way ahead of me on this item, but that's okay. The one you just did, I got way ahead of you. As a member of the South Florida Regional Planning Council, I had already supported that, so we kind of are even there. As far as keeping up with you all, I tried doing that with Commissioner Russell the other day in a parade, and it's not easy, so it's great to see that things are moving fast in our City, in our County as we work together, including on the Marine Stadium. When I first got elected, Mr. Chairman and Commissioners, I spoke to my son, Commissioner Suarez, about, you know, this beautiful facility, and I said, "You know, we fought to preserve it in 1992, when a City Manager wanted to demolish it, you know, after the hurricane, "- and Commissioner Gort remembers those days. And he said then, `However; nothing has happened there, dad. Its 20 -some years ago, " or whatever number of years. The fact of the matter is, I think something is going to happen now. The financing plan is a little bit like something out of the power broker; you know, Robert Moses saying that we're going to finance something, and let's break ground. And later, it's a little bit iffy on the finance plan. But you're proclaiming to the world that you are going to bond out $45 million from existing revenue sources, and I believe that you will be doing that. And that puts me in a much better position than I was just a couple of years ago when I would come here every year and say, you know, "Our little $3 million is waiting for a financing plan for this facility. " I just want to say in connection with it that this is a spectacular facility. There's nothing like it in the entire world. It's a combination of an art's facility, musical; it can be an open air chapel; it can be a boating competition, a rowing competition facility. And when -- I remember going to see the Boston Pops, you know, which is by the Charles River; this is really the way to do a `Miami Pops, " you know, and --which I guess used to called `Pops by the Bay, " and I remember attending in a couple of boats, actually. So I encourage you to continue. When you are ready, Mr. Chairman and Board Members, to ask for our $3 million, we're probably going to present it to my Commission. We're probably going to need to see that some of that money's actually being bonded out, you know, in some proportion, but we stand ready to push it through the County Commission, and deliver our $3 million that had been entrusted to us since 2004. So it's about time that this gets done, City of Miami Page 46 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 and I appreciate you efforts and the Mayor's efforts in making it happen. And I know Commissioner Russell has been pushing for it. It's in our mutual district, and it's a jewel. It really is. It's a spectacular facility. Commissioner Gort: $3 million, plus interest. Commissioner X. Suarez: You know, I meant to check on that, but -- Chair Hardemon: Daily compounding interest. Commissioner X. Suarez: There should be compounded interest. Oh, and by the way, please do not worry about the operations of it. Don't worry about that. If you build it, they will come. Commissioner Gort: Oh, yeah. Commissioner X. Suarez: There were companies that were interested in having every kind of event there, including a German company that wanted to have a therapeutic facility for kids to interact with mammals, like Dolphins, et cetera. I mean, every kind of thing can happen there, and it will be no problem at all to pay the operating expenses. I'd suspect, you can probably make money from the thing. So thank you again. Chair Hardemon: Any other questions? Commissioner Suarez: Just want to say that I -- Chair Hardemon: Just say "dad" so I can -- Commissioner Suarez: --just want to say very briefly -- Mr. Chairman, Mr. Chairman, very briefly, that -- actually, I was in New York this weekend, and we were talking about their Second Avenue Subway project, which is being constructed at $2 billion a mile. And there was a lot of talk around the table about Robert Moses, and one of the people in [sic] the table said, you know, "You should really read the book, `The Power Broker. "' And I said, I'm -- `I think I'm the only person at the table who's actually read it. " It's about 1,200 pages, but it's definitely a good read. I would definitely recommend it to everybody on the board. And he gave it to me. Chair Hardemon: Dad gave it to you. Commissioner Suarez: Yeah, yeah. Chair Hardemon: Yeah, okay. That's what I thought. Commissioner Suarez: Thank you. Commissioner X. Suarez: Thank you all. Vice Chair Russell: Thank you, Commissioner. Chair Hardemon: Thankyou very much. City of Miami Page 47 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 NA.2 DISCUSSION ITEM 1671 DISCUSSION BY CHAIR HARDEMON REGARDING THE Office of the City PARLIAMENTARY PROCEDURES TO BE USED TO Clerk RECONSIDER ITEM RE.7 FROM THE NOVEMBER 17, 2017 REGULAR CITY COMMISSION AGENDA. RESULT: DISCUSSED Chair Hardemon: Before we close this Planning & Zoning hearing meeting, there is an issue on the regular agenda that I want to tackle before we -- I want to do it while we're on the record. I will close this meeting, officially, and reopen the other meeting, but I just want to let everyone know while we're on the record what the issue is. And RE. 7, which is the noise waiver for Art Basil, it was erroneously put in that it was the -- what is it called? Victoria Mendez (City Attorney): It's supposed to be the Wynwood Cafe District -- Chair Hardemon: No. Ms. Mendez: -- and the Wynwood Business Improvement District. Chair Hardemon: It's suppose -- should it be both or one? Ms. Mendez: Both. Chair Hardemon: Okay. Ms. Mendez: We were mentioning both specifically Chair Hardemon: Okay. And all that was there was the Wynwood -- Ms. Mendez: Cafe -- Chair Hardemon: -- Cafe District -- Ms. Mendez: --only. Chair Hardemon: -- which is a much smaller district, not where they usually include their staging. So what I'm going to do is I'm -- I will -- I want to reopen the regular agenda meeting, askfor a motion to reconsider, amend the resolution to include both, and then vote on that, and close the agenda meeting. Ms. Mendez: Chairman? Chair Hardemon: Yes. Ms. Mendez: I'm sorry, but before we close any other further meeting, remember that I have to read three scripts for a request. Chair Hardemon: Okay, we'll do that in the next part. Ms. Mendez: Okay. Chair Hardemon: So let's close the PZ (Planning & Zoning) meeting. So we'll close the PZ meeting. City of Miami Page 48 Printed on 111312017 City Commission Meeting Minutes November 17, 2016 ADJOURNMENT Mr. Hannon: Then give us about just -- END NON -AGENDA ITEMS) The meeting adjourned at 5:07p.m. City of Miami Page 49 Printed on 1/13/2017