Agenda Digest: City Commission (5/10/2022)

On Tuesday, May 10, 2022, the Coral Gables City Commission will hold its next City Commission meeting. Here are some of the more notable items on the agenda for this upcoming meeting. Click here to see the full agenda.

Non-credited quotes in this article are excerpts from the memos presented to the Commission explaining the items.

Gables Insider comments on specific items can be found in blue.

Watch Meeting

To watch the meeting live on Tuesday, May 10h at 9:00AM, click here. The meeting will also be available live on the City’s YouTube Channel. You can watch it by clicking here.

Consent Agenda

E-1: A Resolution of the City Commission confirming the appointment of Ajit Asrani (Nominated by the Board-As-A-Whole) to serve as a member of the Landmarks Advisory Board, for remainder of a two (2) year term which began on June 1, 2021 and continues through May 31, 2023.

E-2: A Resolution of the City Commission appointing Roberto C. Lasa (Nominated by Commissioner Menendez) to serve as a member of the Parking Advisory Board, for remainder of a two (2) year term which began on June 1, 2021 and continues through May 31, 2023.

Ordinances On Second Reading

F-1: An Ordinance of the City Commission granting approval of proposed amendments to the text and maps of the City of Coral Gables Comprehensive Plan, pursuant to expedited state review procedures (S.163.3184, Florida Statutes) and Zoning Code Article 14, “Process,” Section 14-213, “Comprehensive Plan Text and Map Amendments;” to provide updates and clarifications to the Recreation and Open Space Element, Capital Improvements Element, and all corresponding map series; providing for a repealer provision, severability clause, and providing for an effective date. (LPA Review) ( 12 08 2021 PZB recommended approval, Vote 6-0).

“As required, the proposed Comprehensive Plan text amendment was transmitted to the Florida State Department of Economic Opportunity (DEO) after First Reading. The DEO had no comment and authorized the City to act on the proposed text amendment. The DEO response letter is provided as Exhibit B. There have been no changes since First Reading. The City Commission adopted the Community Recreation Master Plan in September of 2021 to provide a 15-year framework to guide future development, preservation, and capital investment in the City’s parks and recreation facilities. A policy action item that resulted from the Master Plan is to “integrate Park System Master Plan recommendations into the City Comprehensive Plan.” As such, text and map amendments to the Comprehensive Plan Recreation and Open Space Element are proposed to reflect the recommendations of the Master Plan. These changes are summarized below: 1) Level of Service Map is updated with new parks that have been purchased or developed in the last few years and adjusted the LOS radii to reflect the City’s Strategic Plan to be accessible without crossing a major roadway to access a park within the half-mile walk. 2) Recreational facilities requirements of providing facilities per resident is removed. 3) District/Regional park type is combined with all non-city parks. 4) 2021 Community Recreation Master Plan and 2021 War Memorial Master Plan are attached as appendices and guiding principles from plans are added. 5) Department titles, existing procedures and programs, and other minor changes are updated to reflect current organizations and processes.”

F-2: An Ordinance of the City Commission granting approval of proposed amendments to the Mixed-Use Overlay District Map of the City of Coral Gables Comprehensive Plan, pursuant to expedited state review procedures (S.163.3184, Florida Statutes) and Zoning Code Article 14, “Process,” Section 14-213, “Comprehensive Plan Text and Map Amendments;” to update the Mixed-Use Overlay District Map (FLU-2) to be consistent with the Future Land Use Map; providing for a repealer provision, severability clause, and providing for an effective date. (12 08 2021 PZB recommended approval, Vote 7-0).

“As required, the proposed Comprehensive Plan text amendment was transmitted to the Florida State Department of Economic Opportunity (DEO) after First Reading and the Planning & Zoning Board’s recommendation. The DEO had no comment and authorized the City to act on the proposed text amendment. The DEO response letter is provided as Exhibit C. The full map title and original 2009 adoption date was added to the map, as suggested by the DEO Staff. The City is in the process of updating the city’s website to be more accessible, therefore the goal is to have the Comprehensive Plan and corresponding map series hosted on a code publishing platform, such as Gridics. There are currently 2 maps in the Future Land Use element: the FLU-1 Future Land Use Map (which contains the designated land uses and the overlay districts), and the FLU-2 Mixed-Use Overlay District Map (which contains only the mixed-use overlay districts). The current Mixed-Use Overlay District map (FLU-2) has become outdated with recent adopted Comprehensive Plan changes to only the Future Land Use Map. The current map FLU-2 only illustrates the former north and south industrial districts, which has been replaced/rebranded with the Design & Innovation District in the FLU-1 Future Land Use Map. Therefore, the map will need to be updated to reflect the 2017 adopted North Ponce Mixed-Use Overlay District (Ordinance No. 2017-17) and the Design & Innovation Overlay District (Ordinance No. 2020-30). The proposed updates to the Mixed-Use Overlay District map are to reflect the recently-adopted overlay districts of the Future Land Use map.”

F-3: An Ordinance of the City Commission granting approval of proposed amendments to the text of the City of Coral Gables Comprehensive Plan, pursuant to expedited state review procedures (S.163.3184, Florida Statutes) and Zoning Code Article 14, “Process,” Section 14-213, “Comprehensive Plan Text and Map Amendments;” to provide that the maximum number of floors in the Comprehensive Plan shall not apply to any Planned Area Development (PAD) upon City Commission approval, and to allow an additional height bonus in return for limiting density for qualifying PADs within the Central Business District (CBD); providing for a severability clause, repealer provision, and providing for an effective date. (On 12 08 2021, PZB deferred this item to January’s meeting.) (Sponsored by Commissioner Anderson) (Sponsored by Mayor Lago).

Click here to read staff’s memo to the Commission on this issue.

F-4: An Ordinance of the City Commission providing for text amendments to the City of Coral Gables Official Zoning Code, Article 2, “Zoning Districts” Section 2-500 “Planned Area Development,” (PAD) to provide that upon City Commission approval, the maximum number of stories in any PAD shall not apply; and to create a “Height Bonus to PAD Minimum Development Standards in the Central Business District (CBD)” providing additional height with a limit of density for qualifying properties upon City Commission approval; providing for severability clause, repealer provision, codification, and providing for an effective date. (Sponsored by Commissioner Anderson) (Sponsored by Mayor Lago).

Click here to read staff’s memo to the Commission on this issue.

F-5: An Ordinance of the City Commission of the City of Coral Gables, Florida approving the purchase and sale agreement for the sale of Municipal Parking Lot 24, located at 5151 University Drive, Coral Gables, FL 33146, (Folio No. 03-4119-006-0200), to Doctors Hospital Inc., a Florida not-for-profit corporation; and providing for a repealer provision, severability clause and providing for an effective date. (The lot is currently leased to Doctors Hospital) Lobbyist: N/A. Agenda Items F-5 and I-3 are related.

Ordinances On First Reading

F-6: An Ordinance of the City Commission providing for a text amendment to the City of Coral Gables Official Zoning Code by amending Article 14, “Process,” Section 14-103.2, “Membership; Terms; Vacancies; Removal,” to allow a certain percentage of the Board of Architects members to not be residents or have their principal place of business in the City of Coral Gables; providing for severability, repealer, codification, and an effective date.

“The City is proposing a Zoning Code text amendment to increase the options of architects to serve on the Board of Architects by allowing some board members to live or have their principal place of business outside of the City of Coral Gables. Currently all members of the Board of Architects are required to be residents or have a Coral Gables-based business. The proposed text amendment is now only requiring no less than 50% of the board members to have this qualification.”

F-7: An Ordinance of the City Commission providing for a text amendment to the City of Coral Gables Official Zoning Code by amending Article 14, “Process,” Section 14-204, “Transfer of Development Rights (TDRs)” to allow the City Commission to designate a TDR receiving site when located in a Planned Area Development (PAD) and zoned MX2 or MX3; providing for severability, repealer, codification, and an effective date.

“As requested by the City Commission, a Zoning Code text amendment is proposed to allow the City Commission to designate a Transfer of Development Rights (TDR) receiving site when located in a Planned Area Development (PAD) and zoned Mixed Use 2 (MX2) or Mixed-Use 3 (MX3). Currently there are 3 receiving sites in Coral Gables: Central Business District (CBD), North Ponce Mixed Use District Overlay, and the Design & Innovation District Overlay. The proposed text amendment would allow the City Commission to designate a TDR receiving site outside of these 3 boundaries when the site is a Planned Area Development (PAD) and zoned mixed-use (MX2 or MX3). The receiving site would be subject to the review criteria in Section 14-204.6.”

F-8: An Ordinance of the City Commission amending City Code Chapter 105 “Buildings and Building Regulations”, Article II “Building Standards”, Division I “Generally”, Section 105-29 “Condition of Commercial Property” of the Code of Ordinances, striking language regarding window coverings and relocating the regulation of window wraps to the Zoning Code, providing for severability clause, repealer provision, codification, and providing for an effective date. (Sponsored by Mayor Lago). Agenda Items F-8 and F-9 are related.

F-9: An Ordinance of the City Commission providing for a text amendment to the City of Coral Gables official Zoning Code by striking Appendix E “Business Improvement Overlay District (BIOD),” Section E1 “Business Improvement Overlay District (BIOD),” Subsection B(1)(D) “Temporary Window Signs/Wraps”, and creating Article 11 “Signs”, Section 11-101 “Purpose and Applicability,” Subsection C(9) “Temporary Window Wraps,” to uniformly regulate temporary window wraps within the City; providing for severability clause, repealer provision, codification, and providing for an effective date. (Sponsored by Mayor Lago). Agenda Items F-8 and F-9 are related.

“At the January 11, 2022 Commission Meeting, the City Commission discussed the need to improve the appearance of vacant storefronts in the commercial areas of the City by disallowing unsightly window coverings. Currently, window wraps are regulated in both the City Code and the Zoning Code, which has created confusion in the application and enforcement of the City’s regulations. The City Commission desires to uniformly regulate the appearance of vacant or unoccupied storefronts, in a content-neutral manner, to improve the appearance of commercial areas in the City, reduce visual clutter, and allow for the effective communication of information. In furtherance of these goals, and in the spirit of partnership, City staff met with leadership from the Coral Gables Chamber of Commerce and the Coral Gables Business Improvement District on numerous occasions to solicit their feedback in the preparation of the ordinances. The purpose of these ordinances is to strike the portions of the City Code that regulate window wraps, eliminate window wrap provisions from the Business Improvement Overlay District and to create Zoning Code Section 11-101, Subsection C(9) “Temporary Window Wraps,” to uniformly regulate temporary window wraps within the City. The Zoning Code amendment was approved by the Planning and Zoning Board 5-0).”

Resolutions

F-10: A Resolution of the City Commission approving Conditional Use review pursuant to Zoning Code Article 14, “Process” Section 14-203, “Conditional Uses” for a proposed Parking as an Accessory Use to a Hospital on the property legally described as Lots 19A & 20 and that portion of the un-dug University Waterway in Block 56 of the Revised Plat of Coral Gables Riviera Section Part 4, Coral Gables, Florida (5151 University Drive); including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE) (Lobbyist: Alessandria San Roman) (Lobbyist: Alexandra Villoch) (Lobbyist: Joseph G. Goldstein).

“At the April 26, 2022, City Commission meeting, the Commission adopted the related requests to change the land use, zoning, and final plat for the subject site. The Commission expressed concerned about the lack of sidewalk connectivity on San Amaro and University Drive. The Conditional Use approval was continued to the May 10 Commission meeting in order to finalize what sidewalks would be included in the approval. Doctors Hospital proffered $100,000 for sidewalks and related improvements as determined by City Staff upon review of public benefits.”

F-11: A Resolution of the City Commission of the City of Coral Gables, Florida amending Resolution No. 2021-56 which amended Resolution No. 2016-172 (Amended) which approved a mixed-use site plan for the project known as “Gables Station” located at 211-237 South Dixie Highway, providing for amended conditions of approval to allow for certain off-site improvements to be completed and to allow for payment of the remaining Art in Public Places Fee after the issuance of the Certificate of Occupancy as provided in an Escrow Agreement and amending Resolution No. 2021-57 which authorized an amendment to the Declaration of Restrictions entered into for the Project. (Sponsored by Mayor Lago).

“Pursuant to Ordinance No. 2016-43 and Resolution No. 2016-72 (Amended), as subsequently modified by Resolution No. 2021-56, the City Commission approved a mixed use project, including required conditions of approval, for the “Gables Station” project located at 211-237 South Dixie Highway, including the provision of a pedestrian crosswalk across Ponce De Leon Boulevard and fulfillment of the Art in Public Places requirement. As part of the permitting process and in accordance with Resolution No. 2020-193, Developer made an initial contribution to the City’s Art in Public Places via the commissioning of two (2) art works that were approved by the City Commission pursuant to Resolution Nos. 18-177 and 2020-193 (the “Original AIPP Approvals”). Developer has expended $857,938.00 toward the artwork and installation. Since the Original AIPP Approvals, it has been determined that the total construction cost of the Project is One Hundred Fifty Million and 00/100 Dollars ($150,000,000.00); as such, the remaining Art in Public Places fee is $642,062.00 (“Remaining AIPP Payment”). In furtherance of the condition of approval, Developer has submitted for a building permit from the City, under permit number PW19-10-4933 (the “Cross Walk Permit”), for the construction of a proposed pedestrian cross-walk along Ponce De Leon Boulevard and signalization along Ponce De Leon Boulevard, as more particularly reflected in the plans submitted for the Cross Walk Permit (the “Cross Walk Improvements”). Developer has calculated the costs for completing the Cross Walk Improvements to be approximately Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00) (the “Cross Walk Sum”). Additionally, Developer has obtained a building permit from the City, under permit number RV-20-05-6619 (the “Ceiling Panel Permit”), for the installation of ceiling panels within the Project’s paseo, as more particularly reflected in the plans approved for the Ceiling Panel Permit (the “Ceiling Panel Improvements”). Developer’s contractor has calculated the costs remaining to complete installation of the Ceiling Panel Improvements to be approximately Ninety-Five Thousand Six Hundred Thirty-Four and 00/100 Dollars ($95,634.00) (the “Ceiling Panel Sum”, and together with the Cross Walk Sum, hereinafter referred to collectively as the “Escrow Funds”). Developer has applied to the City for a certificate of occupancy for the Project (“CO”), despite not having completed the Cross Walk Improvements and the Ceiling Panel Improvements, and as set forth more fully in the proposed Escrow Agreement, Developer has agreed to deposit the Escrow Funds with Escrow Agent and to pay the AIPP Remaining Payment no later than ten (10) days following the issuance of the CO for the project. The proposed Resolution would approve the Escrow Agreement in substantially the form attached; amend Resolution No. 2021-56 to allow for the Crosswalk Improvements to be completed following the issuance of the CO to be completed following the issuance of the Certificate of Occupancy, subject to the terms set forth in the Escrow Agreement; and amend Resolution No. 2021-57 so the City Manager and City Attorney may approve an amended restrictive covenant consistent with the amended conditions.”

City Commission Items

G-1: A Resolution of the City Commission providing direction to the City Manager on improvements to Salvadore Park to allow for a dedicated area for dogs and authorizing an amendment to the Fiscal Year 2021-2022 amended budget to appropriate funds for said improvements. (Sponsored by Commissioner Anderson).

“Salvadore Park is a large, heavily used park located at 1120 Andalusia Avenue in the City. The park has a recently updated inclusive playground and is home to the Salvadore Park Tennis Center. As a centrally-located park, the City Commission believes that the community would be well served by dedicating a vacant, unused portion of the park, not adjacent to the children’s playground, as a dog park. The City Commission directs the City Manager to make certain improvements to allow for the dedicated dog park space and authorizes an amendment to the Fiscal Year 2021-2022 Amended Budget to appropriate funds for said improvements.”

G-2: Creation of temporary “pop-up” area in the northern portion of Catalonia Park to be used exclusively for dogs until proposed dog facility at Salvadore Park is completed.” (Sponsored by Commissioner Menendez).

G-3: Discussion regarding temporary dog park at Ponce de Leon Boulevard and Mendoza Avenue. (Sponsored by Commissioner Anderson).

G-4: Discussion regarding viable options to curbing property on Blue Road. (Sponsored by Mayor Lago).

G-5: Discussion regarding the current landscaping and sidewalks of the Village of Merrick Park. (Sponsored by Mayor Lago).

Click here to see the presentation.

G-6: Update from staff regarding Burger Bobs/Granada Snack Shop. (Sponsored by Commissioner Anderson). Time Certain 3:00pm (Agenda Item G-6).

Click here to see staff’s proposed budget and timeline.

G-7: Discussion regarding Country Club operations. (Sponsored by Commissioner Anderson) (Sponsored by Commissioner Menendez).

Click here to see staff’s presentation.

G-8: A Resolution of the City Commission establishing a goal to cease use of gas operated leaf blowers by City Staff and City contractors by 2024. (Sponsored by Mayor Lago) (Sponsored by Commissioner Menendez) (Sponsored by Commissioner Anderson).

“The City of Coral Gables has a strong commitment to sustainability and green initiatives. Over the last two years the City has been piloting the use of electric leaf blowers in certain areas where their usage is practical. While the technology is not yet up to the standards needed by City staff and City contractors, the City is hopeful that machinery and technology will continue to progress and if acceptable equipment is available at a later date, the City wishes to transition to electric leaf blowers in 2024.”

G-9: A Resolution of the City Commission recognizing June 3rd as “Founder’s Day in Coral Gables” in honor of Coral Gables Founder George E. Merrick. (Sponsored by Mayor Lago) (Commissioner Anderson) (Commissioner Menendez).

“Coral Gables was founded by visionary George E. Merrick, born June 3, 1886. Merrick designed the “City Beautiful” in great detail, featuring wide, tree-lined boulevards, delicate bridges and serene urban golf courses. He had a passionate devotion to aesthetics and was interested in focusing on the finest details of this town as well as the major ideas. The City Commission wishes to recognize and designate June 3 as “Founder’s Day in Coral Gables”, to salute the man whose vision, determination and dedication gave life to the City of Coral Gables.”

G-10: A Resolution of the City Commission directing City Staff to draft an Ordinance creating a “Coral Gables Golf and Country Club Advisory Board” in compliance with Chapter 2 “Administration”, Article III “Boards, Commissions, Committees”, Division 1 “Generally”, Section 2-57 “Creation of New Boards.” (Sponsored by Commissioner Menendez).

G-11: A Resolution of the City Commission authorizing Neighborhood Safety Aides (NSAs) to continue assisting with code enforcement matters. (Sponsored by Mayor Lago).

“The Neighborhood Safety Aide (“NSA”) Program was established by the Coral Gables Police Department (“CGPD”) in 2016 to further promote safety in residential neighborhoods and commercial districts and to foster a positive working relationship between the community and the Police Department. The NSAs provide increased visibility, promote safety, and serve as additional “eyes and ears” in the community and
are equipped with radios to communicate with CGPD. CGPD Standard Operating Procedure #127 for Neighborhood Team Policing Unit provides that the responsibilities and duties of the NSAs include, among other things: Understanding community problems and effectively engaging to solve them. Assisting in accomplishing other needs of the CGPD. While the City Commission wants to continue to encourage the positive relationships that the NSAs have developed with residents and businesses and thus, does not want them to issue citations for code enforcement violations, the NSAs are often the first observers of code enforcement violations, and their assistance has been valuable to Code Enforcement. The City Commission recognizes the value of and wishes to further prioritize that the NSAs assist with code enforcement matters by reporting violations for appropriate enforcement by Code Enforcement and/or Police. The proposed resolution formally directs the City Manager to continue to authorize the NSAs to assist with code enforcement matters by reporting violations they may observe, in a manner directed by the City Manager and for appropriate enforcement by Code Enforcement and/or Police.”

City Manager Items

I-1: Innovation and Technology presentation: Research collaboration with the Department of Energy and the Pacific Northwest National Lab on advanced traffic data analysis and applied artificial intelligence and machine learning.

Click here to see staff’s presentation.

I-2: A Resolution of the City Commission authorizing the approval of an “As-Is” FARBAR Residential Contract for Sale and Purchase as Amended with Coral 37 PDL for the purchase of the property located at 142 SW 37 AVE, Coral Gables, FL 33134 (Folio No. 03-4105-050-0200) for the purposes of establishing a neighborhood park and a City of Coral Gables entrance feature.

“The City of Coral Gables (the “City”) previously amended the goals, objectives, and policies of the Recreation and Open Space element of the comprehensive plan and adopted the Community Recreation Department (the “Department”) Master Plan. As part of that effort, the purchase of additional properties for neighborhood parks will continue to enhance the level of service that the Department provides to Coral Gables residents throughout the City. On August 24, 2021, pursuant to Resolution No. 2021-227, the City Commission directed the City Manager to explore the potential purchase of the property located at 142 SW 37 AVE, Coral Gables, FL 33134 (Folio No. 03-4105-050-0200) (the “Property”), which is on the corner of Ponce de Leon Blvd. and Douglas Road, including obtaining two real estate appraisals. The Property borders the City of Miami and serves as a focal point when individuals enter the City. Due to its size and location, the property is of value to the City to serve as a neighborhood park and to eventually provide City residents and visitors with a City of Coral Gables entrance feature. n accordance with the City Commission’s direction and pursuant to City’s Code of Ordinances, Chapter 2- Administration, Article VIII- Procurement Code, Division 12- Purchase, Sale, or Lease of Public Property, Section 2-1092, two real estate appraisals were requested from MAI certified appraisers to estimate market value. Coral 37 PDL (the “Seller”) had their own appraisal conducted as well. Proposed Terms: Premises: “As is” condition.
Purchase Price: $750,000 ($66.37 PSF). Deposit: $50,000. Closing Date: June 1, 2022. Contingencies: The FARBAR Residential Contract for Sale and Purchase as Amended is contingent upon City Commission approval by May 31, 2022. Seller will close all open or expired permits, cure any and all code violations or
citations, and pay all fees in connection with the Property prior to the closing. The Seller will have a 15-day inspection period. The Community Recreation Department routinely recommends for the City to invest in outdoor spaces that foster interaction between nature, families, and its overall community. The City’s founders clearly understood and championed this idea, as evidenced by the emphasis on the beautiful green landscapes that help define the character of City today. The purchase of the Property will contribute to the City’s tradition of creating constructive, restorative, and pleasurable experiences that help to build community and enhance quality of life by fostering appreciation and understanding of green open spaces. City staff believes that the purchase price and proposed terms for the purchase of the Property is a reflection of a market terms and value which is within an acceptable range of its appraisals. City staff is therefore recommending the purchase of the Property for the purposes of establishing a neighborhood park and eventually including a City of Coral Gables entrance feature.”

I-3: A Resolution of the City Commission authorizing entering into a Lease with Doctors Hospital, Inc., a Florida non-profit corporation, for the platted right-of-way on University Drive bounded by the surface parking lot at 5151 University Drive, Coral Gables, FL for a period of five (5) years, with one (1) additional renewal option, unless terminated or extended, at the City’s discretion, as provided for in the Lease. Agenda Items F-5 and I-3 are related.

Click here to see staff’s memo.

I-4: Update regarding Burger Bob’s/Granada Snack Shop operations.