Agenda Digest: City Commission (6/28/2022)

On Tuesday, June 28, 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, June 28th 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.

Mayor’s Comments

C-1: Presentation by the Girl Scouts regarding Camp Mahachee Entrance Restoration. (Sponsored by Mayor Lago).

Click here to see presentation.

C-2: Introduction of the 2022 PAGE Interns. (Sponsored by Mayor Lago).

C-3: A presentation on the Mayor’s Strategic Priorities Plan and his accomplishments since April 30,2021.

C-4: Discussion regarding property value increases. (Sponsored by Mayor Lago).

C-5: A Resolution of the City Commission designating the 300 block of Aragon Avenue as “Nino Pernetti Way” in honor of Caffe Abbracci owner Nino Pernetti. (Sponsored by Mayor Lago).

Consent Agenda

E-1: A Resolution of the City Commission authorizing entering into a Third Amendment to Lease with Patio & Things, Inc. with regard to the City-owned retail premises at 240 Aragon Avenue, Coral Gables, Florida 33134 granting an extension of lease terms for a period of one (1) year (09/01/22-08/31/23). Lobbyist: N/A.

“Pursuant to Resolution 2005-102, on May 23, 2005, Patio & Things, Inc, (the “Tenant”) entered into a retail Lease (the “Lease”) with the City of Coral Gables (the “Landlord”) whereby the Landlord agreed to lease to the Tenant the City-owned premises at 240 Aragon Avenue, Coral Gables, Florida 33134 (the “Premises”). The original ten (10)-year Lease term began September 15, 2005. In 2012, Landlord and Tenant adjusted the Lease Commencement Date to September 1, 2006 and agreed that the ten (10)-year term would expire August 31, 2015. In 2015, the Tenant exercised its renewal option term that began September 1, 2015 and expired on August 31, 2020. On July 14, 2020, pursuant to Resolution No. 2020-152, Landlord and Tenant entered into a First Amendment to Lease extending the Lease term for one (1) year until August 31, 2021. On September 9, 2021, pursuant to Resolution No. 2021-211, Landlord and Tenant entered into a Second Amendment to Lease extending the Lease term for one (1) year until August 31, 2022. Extension Term: A one (1) year Lease extension term that will begin on September 1, 2022 and expire on August 31, 2023. Both Landlord and Tenant shall have the right to terminate the lease extension during the extension term by delivering a written notice to the other party of its election to terminate no less than ninety (90) days in advance of the early termination date. Base Rent for the Premises: Base Rent will be at a rate of $30.00 per rentable square feet (2,987) in the amount of $89,610.00 per year, charged in monthly installments with all applicable taxes, fees, and common area expenses.”

E-2: A Resolution of the City Commission authorizing a Third Amendment to Amended and Restated Lease between the City of Coral Gables and the Coral Gables Cinematheque, Inc. allowing Coral Gables Cinematheque, Inc. to exercise its second five (5) year renewal option of the Lease Agreement for the City-owned property located at 260 Aragon Avenue, Coral Gables, Florida, and commonly referred to as the Coral Gables Art Cinema extending the Lease term through September 30, 2030, consistent with the terms and conditions in the Lease. Lobbyist: N/A.

“On September 28, 2010, pursuant to Ordinance No. 2010-24, the City of Coral Gables (the “Landlord”) and the Coral Gables Cinematheque, Inc. (the “Tenant”) entered in to an Amended and Restated Agreement as amended by an Amendment dated November 4, 2015 (collectively the “Lease”), regarding the real property at 260 Aragon Avenue, Coral Gables, Florida, 33134 (the “Premises’). The initial term of the Lease was October 1, 2010, through September 30, 2020. Pursuant to the Lease, Tenant had the option to renew for two (2) successive periods of five (5) years each, upon the same terms and conditions set forth in the Lease. Pursuant to Resolution 2016-60, the City Commission approved for the Tenant to exercise its first option for a five (5) year renewal early, thus extending the Lease term until September 30, 2025. Tenant has submitted a request to the Landlord, as required by the Lease, to exercise its second option for a five (5) year renewal early, in order to apply for continued grant funding which requires Tenant to have a Lease in place for more than five (5) years. Tenant and Landlord are therefore seeking authorization from the City Commission to extend the Lease term through September 30, 2030, consistent with the terms and conditions in the Lease.”

E-3: A Resolution of the City Commission authorizing Shadow Market, LLC located at 4704 S LeJeune Road to add the sale of alcoholic beverages for consumption on premises as an accessory use to the retail of high-end meats, as permitted by state law, provided that total receipts from the sale of alcoholic beverages not exceed 25 percent of the total annual gross receipts, and permanent bars or counters not exceed 45 square feet in surface area, subject to a valid certificate of use and local business tax; and providing for an effective date.

“Shadow Market, LLC located at 4704 S LeJeune Road has requested the ability to sell beer and wine for
consumption on premise (2COP) as incidental to the primary function of the business, which is retail of high-end meats, select beer and wine, and grilling accompaniments, such as seasonings, grillware, etc. The purpose of selling beer and wine for consumption on premise is for tasting and pairing to compliment the wagyu sales. Per Section 6-4(a)(4) of the City Code, a non-restaurant facility must receive approval from the City Commission after administrative review from the City Manager and meet the requirements set forth in the City Code: (1) That the non-restaurant facility shall have a valid certificate of use and occupational license. (2) The sale of alcoholic beverages and intoxicating liquors shall be only incidental to the primary function of the facility. (3) Permanent bars or counters with a surface area not exceeding 45 square feet shall be permitted. (4) Total receipts from the sale of alcoholic beverages and intoxicating liquors shall not exceed 25 percent of the total annual gross receipts of any non-restaurant facility. It shall be the responsibility of the non-restaurant facility to maintain records open for inspection by the city to demonstrate compliance with this requirement. (5) Non-restaurant facilities holding a state retail beverage or retail liquor store license shall always be subject to inspection by the city manager or his or her designee for the purpose of determining that such non-restaurant facilities are in compliance with the existing requirements. Staff has reviewed the application and it complies with the requirements of the code. In order to obtain license from the state to be able to sell beer and wine for consumption on premise (2COP), the Applicant is requesting approval from the City Commission.”

E-4: A Resolution of the City Commission appointing Isabella Gonzalez (Nominated by Commissioner Fors, Jr.) and Hely Santeliz (Nominated by City Manager Iglesias) to serve as members of the Parks and Recreation Youth Advisory Board, for remainder of a two (2) year term which began on June 1, 2021 and continues through May 31, 2023.

E-5: A Resolution of the City Commission approving a Memorandum of Understanding between the City of Coral Gables and Bike Walk Coral Gables to jointly organize and participate in cycle day tours, enhancing the City’s Community Recreation opportunities.

“The City has partnered with Bike Walk Coral Gables, Inc. in multiple events, including successful Cycle Day events like the Bike and BBQ tour hosted earlier this year. The City of Coral Gables wishes to formalize a memorandum of understanding with Bike Walk Coral Gables, Inc to continue to provide Cycle Day opportunities for residents of Coral Gables over the next three years. The agreement will be approved in substantially the attached form.”

E-6: A Resolution of the City Commission amending the fiscal year 2021-2022 Amended Annual Budget to recognize as revenue a transfer of $ 150,000.00 from the City Clerk Revenue Fund, and to appropriate such funds for the replacement of the City ’s current mobile app with a state-of-the-art digital experience 311 citizen app and providing an effective date.

Ordinances On Second Reading

F-1: An Ordinance of the City Commission amending Chapter 105 “Buildings and Building Regulations,” Article II “Building Standards,” Division 1 “Generally,” of the City Code to create Section 105-32 “Additional Rules and Regulations for Construction Sites,” providing for severability, repealer, codification, and an effective date.

“The City Code contains certain regulations for construction staging where the construction will affect the public rights-of-way and the Development Services Department has published certain rules and regulations for construction even where it does not affect the public rights-of-way, but not all such rules and regulations have been codified in the City Code. The proposed ordinance would codify the following rules and regulations for construction sites such that failure to abide by such rules and regulations will constitute a code enforcement violation: (1) All construction sites are to be kept in a clean and sanitary manner free from all trash and debris. (2) Construction dumpsters shall not be allowed to overflow. (3) At no time shall portable toilets be placed on the public rights-of-way. All portable toilets must be placed facing toward the inside of the property and must be maintained in an odor-free condition. (4) Public rights-of-ways, including sidewalks and swales, are to be kept free from all construction materials and debris at all times. The proposed ordinance was approved on first reading on May 31, 2022. There have been no changes since first reading.”

F-2: An Ordinance of the City Commission amending Chapter 62 “Streets, Sidewalks and Other Public Places”, Article IV “Maintenance of Sidewalks and Swale Areas”, Section 62-151 “Alleys, swale areas and rights-of-way to be kept clean and mowed” of the Code of Ordinances, to revise the maintenance responsibilities of property owners, providing for severability clause, repealer provision, codification, and providing for an effective date. (Sponsored by Mayor Lago).

“Recently the City has placed a renewed emphasis on improving the appearance of its commercial areas through targeted code enforcement efforts, downtown clean-up events, community education and engagement, and business incentive programs. Since August 24, 2021, the City Commission has discussed the City’s downtown cleanup efforts at City Commission Meetings on at least ten separate occasions. City staff and elected officials also participated in downtown walk-throughs and a trolley tour to assess the condition of the commercial areas of the City and to brainstorm solutions to elevate the City’s appearance. The City has sponsored four downtown clean-up events through Keep Coral Gables Beautiful, collecting over 806 pounds of litter with the help of 154 volunteers, and has also supported privately-sponsored clean-up events throughout the City. As an incentive to engage the business community in the effort to see a more beautiful downtown, the City announced the Commercial Beautification Awards on April 26, 2022, to highlight businesses that have gone above and beyond in the beautification and maintenance of their storefronts and surrounding areas. The City Code contains several sections related to property maintenance including Section 105-2, which requires that exterior building façades be clean and well maintained, including awnings, signs, windows, doors and sidewalk overhangs; Section 58-48, which requires abutting property owners to maintain sidewalks in the City as a smooth continuous surface, free from cracks and defects; Section 62-152, which requires abutting property owners or occupants to maintain unpaved areas adjacent to sidewalks in good condition, free from holes and hidden dangers; and Section 62-151, which requires owners and occupants of improved and unimproved property to maintain their property in a clean, litter-free and mowed condition, including sidewalks, grass strips, alleys, curbs, swale areas, or rights-of-way. Acknowledging that many property owners may not be aware of their maintenance responsibilities pursuant to the City Code, the City has been engaged in an ongoing education campaign to educate and inform the business community via individual meetings, the distribution of flyers, individual mailings, announcements via the City’s E-newsletter, a dedicated webpage, social media postings, and through partnership with the Coral Gables Chamber of Commerce and Coral Gables Business Improvement District. In furtherance of the City’s goal to improve the appearance of the City, particularly its commercial areas, and consistent with the City’s outreach efforts thus far, the City Commission wishes to amend Coral Gables City Code Section 62-151, to provide greater clarity as to a property owner’s maintenance responsibilities and to expressly require a deep cleaning of properties and their surrounding areas every six months, or more frequently as circumstances may necessitate.”

F-3: An Ordinance of the City Commission amending Section 2-79 of Chapter 2, Article III of the City Code, titled “Order of Business” to clarify definitions of support information, adopt an order of presentation for quasi-judicial hearings and clarify procedures for submission of evidence in quasi-judicial hearings, providing for a repealer provision, severability clause, codification, and providing for an effective date.

“The City of Coral Gables has various Code provisions which govern submission deadlines for certain agenda items. However, often times City staff or applicants wish to present demonstrative or visual aids (including PowerPoint presentations etc.) during City Commission meetings which repackage or duplicate information timely submitted. This ordinance specifically allows for such presentation and adopts procedures for quasi-judicial hearings heard by the City Commission. Those procedures include details regarding orders of presentation and deadlines for submission of evidence. This item passed on first reading in May of 2022 and there have been no changes since first reading.”

F-4: An Ordinance of the City Commission approving the vacation of a public alleyway pursuant to Zoning Code Article 14, “Process,” Section 14-211, “Abandonment and Vacations” and City Code Chapter 62, Article 8, “Vacation, Abandonment and Closure of Streets, Easements and Alleys by Private Owners and the City; Application Process,” providing for the vacation of the east-west public alleyway lying between lots 1-12 and lots 35-46, Block 10, Coral Gables Crafts Section, according to the plat thereof recorded in Plat Book 10, Page 40 of the Public Records of Miami-Dade County, Florida; providing for substitute perpetual access and utility easement, setting forth terms and conditions; providing for an effective date. (LEGAL DESCRIPTION ON FILE) Alley Vacation. Lobbyist: Lily Alvarez. Lobbyist: Armando Codina. Lobbyist: Jose M. Jimenez.

Agenda Items F-4, F-5, F-6, F-15 and F-16 are related.

“Ordinance on Second Reading. Alley Vacation, Zoning Code Text Amendment, and PAD. 1. An Ordinance of the City Commission of Coral Gables approving the vacation of a public alleyway pursuant to Zoning Code Article 14, “Process,” Section 14-211, “Abandonment and Vacations” and City Code Chapter 62, Article 8, “Vacation, Abandonment and Closure of Streets, Easements and Alleys by Private Owners and the City; Application Process,” providing for the vacation of the east-west public alleyway lying between lots 1-12 and lots 35-46, Block 10, Coral Gables Crafts Section, according to the plat thereof recorded in Plat Book 10, Page 40 of the Public Records of Miami-Dade County, Florida; providing for substitute perpetual access and utility easement, setting forth terms and conditions; providing for an effective date. (LEGAL DESCRIPTION ON FILE). 2. An Ordinance of the City Commission of Coral Gables, Florida providing for a Text Amendment to the City of Coral Gables Official Zoning Code by amending Appendix A, “Site Specific Zoning Regulations,” Section A-36, “Crafts Section,” by removing the number of stories and height limitations for the property legally described as Lots 1-12 and lots 35-46, Block 10, Coral Gables Crafts Section, Coral Gables, Florida; providing for a repealer provision, severability clause, codification, and providing for an effective date. (LEGAL DESCRIPTION ON FILE). 3. An Ordinance of the City Commission of Coral Gables, Florida granting approval of a Planned Area Development (PAD) pursuant to Zoning Code Article 14, “Process,” Section 14-206, “General Procedures for Planned Area Development” for a mixed-use project referred to as “Regency Tower” on property legally described as Lots 1-12 and lots 35-46 including the public alleyway lying in between, Block 10, and lots 1-4, Block 15, Coral Gables Crafts Section (290, 272, 250, 244 Valencia Avenue, 247, 297 Almeria Avenue, and 2701 Salzedo Street) Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE). Resolution. TDR’s Receiving Site, Conditional Use Review. 4. A Resolution of the City Commission of Coral Gables, Florida approving receipt of Transfer of Development Rights (TDRs) pursuant to Zoning Code Article 14, “Process,” Section 14-204.6,
“Review and approval of use of TDRs on receiver sites,” for the receipt and use of TDRs for the Mixed-Use project referred to as “Regency Tower”, on property legally described as Lots 1-12 and lots 35-46 including the public alleyway lying in between, Block 10, and lots 1-4, Block 15, Coral Gables Crafts Section (290, 272, 250, 244 Valencia Avenue, 247, 297 Almeria Avenue, and 2701 Salzedo Street) Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE). 5. Resolution of the City Commission of Coral Gables, Florida granting approval for Conditional Use Mixed-Use Site Plan pursuant to Zoning Code Section 2-200 “Mixed Use Districts” for a mixed-use project referred to as “Regency Towers” on property legally described as Lots 1-12 and lots 35-46 including the public alleyway lying in between, Block 10, and lots 1-4, Block 15, Coral Gables Crafts Section (290, 272, 250, 244 Valencia Avenue, 247, 297 Almeria Avenue, and 2701 Salzedo Street) Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE).”

F-5: An Ordinance of the City Commission providing for a Text Amendment to the City of Coral Gables Official Zoning Code by amending Appendix A, “Site Specific Zoning Regulations,” Section A-36, “Crafts Section,” by removing the number of stories and height limitations for the property legally described as Lots 1-12 and lots 35-46, Block 10, Coral Gables Crafts Section, Coral Gables, Florida; providing for a repealer provision, severability clause, codification, and providing for an effective date. ( LEGAL DESCRIPTION ON FILE) Text Amendment. Lobbyist: Lily Alvarez. Lobbyist: Armando Codina. Lobbyist: Jose M. Jimenez.

Agenda Items F-4, F-5, F-6, F-15 and F-16 are related.

F-6: An Ordinance of the City Commission granting approval of a Planned Area Development (PAD) pursuant to Zoning Code Article 14, “Process,” Section 14-206, “General Procedures for Planned Area Development” for a mixed-use project referred to as “Regency Tower” on property legally described as Lots 1-12 and lots 35-46 including the public alleyway lying in between, Block 10, and lots 1-4, Block 15, Coral Gables Crafts Section (290, 272, 250, 244 Valencia Avenue, 247, 297 Almeria Avenue, and 2701 Salzedo Street) Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. ( LEGAL DESCRIPTION ON FILE) PAD Lobbyist: Lily Alvarez. Lobbyist: Armando Codina. Lobbyist: Jose M. Jimenez.

Agenda Items F-4, F-5, F-6, F-15 and F-16 are related.

Ordinances On First Reading

F-7: An Ordinance of the City Commission amending the City of Coral Gables Zoning Code, Article 8 “Historic Preservation” and Article 14 “Process” to address inconsistencies in the Zoning Code and revise the Historic Designation process; providing for severability clause, codification, and providing for an effective date.

“The protection and preservation of historic properties is of the upmost importance to the City of Coral Gables and its residents and accordingly staff is proposing to make amendments to the City’s Historic Preservation processes to address inconsistencies in the City’s Zoning Code. The proposed amendments were presented to the City’s Historic Preservation Board on April 20, 2022 and the Planning and Zoning Board on May 11, 2022. Both Boards unanimously recommended approval of the proposed amendments.”

F-8: An Ordinance of the City Commission providing for a text amendment to the City of Coral Gables Official Zoning Code by amending Article 10, “Parking and Access,” Section 10-110, “Amount of Required Parking” to modify requirements for electric vehicle charging, providing for severability clause, repealer provision, codification, and providing for an effective date.

“In January of 2018, the City Commission adopted text amendments to the Zoning Code to require electric vehicle charging stations and infrastructure. In fall of 2018, Tesla and other electric vehicle manufacturers approached the City to consider amending the Zoning Code to specify the appropriate electrical infrastructure. The City Commission increased requirements for electric vehicle charging stations and clarified required infrastructure with Ordinance No. 2019-19. The City Commission wishes to increase the requirements for electric vehicle charging as the demand for EV vehicles has rapidly increased and the infrastructure required for their use is crucial to their successful operation. The Planning and Zoning Board on May 11, 2022 voted (5-0) to approve a version of the text amendment which is provided as Attachment D in strikethrough/underline format. The proposed text amendment drafted is provided in strikethrough/underline format with the red text representing new changes since the Planning and Zoning Board.”

F-9: An Ordinance of the City Commission requesting Conditional Use Review for a previously approved but expired Building Site Determination pursuant to Zoning Code Section 14-206.6, “Building Site Determination” to separate into two (2) single-family building sites on the property zoned Single-Family Residential (SFR) District, legally described as Lots 13-18 Block 236, Coral Gables Riviera Section Part 11 (601 Sunset Drive), Coral Gables, Florida; one (1) building site consisting of Lots 13, 14 and 15 (east parcel), and the other (1) building site consisting of Lot 16, 17 and 18 (west parcel); including required conditions; providing for a repealer provision, providing for a severability clause, and providing for an effective date.

“On March 12, 2019, by Ordinance No. 2019-16 the City Commission approved a Conditional Use Building Site Determination for the subject property which expired on September 12, 2020. The current Applicant, Andres Mejia is proposing a different design than what was previously approved. The subject site consists of six (6) individually platted lots (lots 13 thru 18) with a street frontage of approximately 200 feet along Sunset Drive, totaling approximately 31,00 square feet (0.71 acres). The request is to separate the existing 0.71 acre (31,000 square feet) building site located at 601 Sunset Drive into two building sites; one (1) building site consisting of Lots 13, 14 and 15 (east parcel), and the other (1) building site consisting of Lot 16, 17 and 18 (west parcel). The draft Ordinance for the Conditional Use review for a Building Site Determination is provided as Exhibit A. The Planning and Zoning Board’s recommendation for approval includes Staffs recommended conditions which have been provided in the draft Ordinance and are as follows: (1) The total square footage of the residence allowed on the separated building sites shall be equal to or less than the total square footage that could be constructed on the property if developed as a single building site. (2) The new single-family residences constructed on the separated buildings sites shall meet all applicable requirements of the Zoning Code, and no variances shall be required or requested. (3) The plans depicting the site plans and elevations of the residences on the separated building sites and submitted as part of the conditional use application shall be made part of the approval with any instructions or exceptions provided by the City Commission. Any changes to the plans are subject to Section 14-203 .10 of the Zoning Code. (4) A bond shall be required, as determined by the building official, to ensure the timely removal of any non-conformities as a result of the building site separation approval. (5) Within 30 days of approval of the Conditional Use Review for a Building Site Determination, the property owner, its successors or assigns shall submit a restrictive covenant for City Attorney review and approval that includes all conditions of approval as approved by the City Commission. Failure to submit the covenant within the specified time frame shall render the approval void unless said time frame for submittal of the covenant is extended by the City Attorney after good cause as to why the time frame should be extended.”

F-10: An Ordinance of the City Commission making zoning district boundary changes pursuant to Zoning Code Article 14, “Process”, Section 14-212, “Zoning Code Text and Map Amendments,” for the property located at Lots 1 thru 4, Block 34 of Coral Gables Section K, Coral Gables, Florida from Special Use (S) District to Mixed-Use 1 (MX1) District, and Lots 42 thru 48 including 20-foot alley laying between Block 34 of Coral Gables Section K, Coral Gables, Florida from Special Use (S) District to Mixed-Use 2 (MX2) District; to restore prior zoning districts; providing for a repealer provision, severability clause, and providing for an effective date.

“As requested by the City Manager, the City is proposing to restore the zoning of the Coral Gables Museum to Mixed-Use 1 (Museum plaza and structure built in 2011) and Mixed-Use 2 (historic old fire station) districts. During the Zoning Code Update, City-owned properties like the recent neighborhood parks, Public Safety building, and the Museum were rezoned to Special Use (S) district to reflect the civic uses of the properties. This zone change of the Coral Gables Museum resulted in the inadvertent elimination of transfer of development rights (TDRs) from the historic property to other applicable properties as specified in the Zoning Code and as determined by the City Commission. The proposed change of zoning request restores that ability to have available TDRs. No exterior building additions or modifications are requested to the Coral Gables Museum as a result of this request. A similar request was granted in 2011 after the comprehensive rewrite of the City’s Comprehensive Plan in 2010, when the property’s land use and zoning was reverted from Public Building and Grounds land use designation to the current Commercial Low- and Mid-Rise Intensity. The draft Ordinance of the Zoning Code map amendments is provided as Exhibit A.”

F-11: An Ordinance of the City Commission amending Ordinance No. 2017-04 which approved a Planned Area Development for the property legally described as Lots 24-38, Block 7, Biltmore Section and located at 501-525 Valencia Avenue, to allow for the completion of certain off site improvements and drainage improvements to be completed prior to the issuance of the final Certificate of Occupancy, instead of prior to the issuance of the Temporary Certificate of Occupancy, pursuant to the terms and conditions set forth in the Agreemenet for Issuance of Temporary Certificate of Occupancy Prior to Full Completion of Certain Off Site Improvements and Drainage Improvements, providing for a repealer provision, severability clause, and providing for an effective date.

“515 Valencia SPE, LLC (“515 Valencia”) owns the real property located at 515 Valencia Avenue, Coral Gables, Florida, (the “Property”). Pursuant to Ordinance No. 2017-04, the City Commission approved a multifamily residential project at the Property. One of the conditions of approval requires construction of the project in substantial conformance with a November 2016 traffic study (the “Traffic Study”). While the Traffic Study concluded that the Project’s traffic impacts were de minimis, Section 4.8 of the Traffic Study lists several off site improvements which 515 Valencia’s predecessor in interest had proffered and which were accepted by the City, (the “Off Site Improvements”). Several, but not all of the Off Site Improvements have been completed, The City has also identified certain improvements which may be required to repair and improve certain impacted drainage lines which serve the Property, (the “Drainage Improvements”), Ordinance No. 2017-04 further provides: 4. Prior to the issuance of a Temporary Certificate of Occupancy (CO) for the project, the Applicant, property owner, its successors or assigns shall complete the following: a. Right of way and public realm improvements. Installation of all right-of-way improvements and all landscaping, public realm and streetscape improvements identified on the Applicant’s approved plans, subject to review and approval by the Directors of Public Works, Public Service and Planning and Zoning. Any changes to and departures from the right-of-way and public realm improvements identified on the Applicant’s approved plans and associated detail plans and specifications via the permitting process shall be subject to review an approval by Directors of Public Works, Landscape Services, Planning and Parking; and 515 Valencia has requested that the City Commission amend Ordinance No. 2017-04 to allow for the
Off-Site Improvements and the Drainage Improvements to be completed prior to the issuance of the final Certificate of Occupancy, instead of prior to the issuance of the Temporary Certificate of Occupancy (“TCO”), subject to the terms and conditions set forth in the Agreement for Issuance of Temporary Certificate of Occupancy Prior to Full Completion of Certain Off Site Improvements and Drainage Improvements (“Agreement for Issuance of TCO”), attached as Exhibit A. 515 Valencia further requested that the City issue the TCO by June 9, 2022 to allow closings of individual units to occur and 515 Valencia deposited $892,509 (the “Bond Amount”) in cash with the City and agreed to hold harmless and indemnify the City in connection with the Off Site Improvements and the Drainage Improvements. The City issued the TCO, subject to the terms and conditions set forth in the Agreement for Issuance of TCO, which requires, among other things, Commission approval of this ordinance amending Ordinance No. 2017-04. The proposed Ordinance approves the Agreement for Issuance of TCO and amends Ordinance 2017-04 to allow for completion of the Off Site Improvements and Drainage Improvements prior to the issuance of the final Certificate of Occupancy, instead of prior to the issuance of TCO.”

F-12: An Ordinance of the City Commission amending the Future Land Use Map and Mixed-Use Overlay District Map of the City of Coral Gables Comprehensive Plan pursuant to Zoning Code Article 14, “Process,” Section 14-213, “Comprehensive Plan Text and Map Amendments,” and Small Scale amendment procedures (ss. 163.3187, Florida Statutes), from “Commercial Mid-Rise Intensity” to “Commercial High-Rise Intensity” for Lots 3 through 5 and Lots 18 through 20, and from “Multi-Family Medium Density” to “Commercial Mid-Rise Intensity” for Lot 6, Block 36, Douglas Section, and extending the “North Ponce de Leon Boulevard Mixed-Use Overlay District” to include Lots 6 and 17 of said Block 36 (1505 Ponce de Leon Boulevard, 126 and 122 Menores Avenue), Coral Gables, Florida; providing for a repealer provision, severability clause, and providing for an effective date. Lobbyist: Mario Garcia-Serra. Lobbyist: Lauren Kahn. Lobbyist: Leslie E. Pantin. Lobbyist: Leonard Roberts.

Agenda Items F-12, F-13, F-14 and F-17 are related.

Click here to see staff’s presentation.

F-13: An Ordinance of the City Commission making zoning district boundary changes pursuant to Zoning Code Article 14, “Process,” Section 14-212, “Zoning Code Text and Map Amendments,” for Lots 3 through 5 and Lots 18 through 20, from Mixed-Use 2 (MX2) District to Mixed-Use 3 (MX3) District, and for Lot 6, Block 36, Douglas Section, from Multi-Family 2 (MF2) District to Mixed-Use 2 (MX2) District; and extending the “North Ponce de Leon Boulevard Mixed-Use Overlay District” to include Lots 6 and 17 of said Block 36 (1505 Ponce de Leon Boulevard, 126 and 122 Menores Avenue); providing for a repealer provision, severability clause, and providing for an effective date. ( LEGAL DESCRIPTION ON FILE). Lobbyist: Mario Garcia-Serra. Lobbyist: Lauren Kahn. Lobbyist: Leslie E. Pantin. Lobbyist: Leonard Roberts.

Agenda Items F-12, F-13, F-14 and F-17 are related.

F-14: An Ordinance of the City Commission granting approval of a Planned Area Development (PAD) pursuant to Zoning Code Article 14, “Process,” Section 14-206, “General Procedures for Planned Area Development” for a proposed mixed -use project referred to as “1505 Ponce” on the property legally described as Lots 1 through 6 and Lots 17 through 22, Block 36, “Douglas Section” (1505 Ponce de Leon Boulevard, 126 and 122 Menores Avenue), Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. Lobbyist: Mario Garcia-Serra. Lobbyist: Lauren Kahn. Lobbyist: Leslie E. Pantin. Lobbyist: Leonard Roberts.

Agenda Items F-12, F-13, F-14 and F-17 are related.

Resolutions

F-15: A Resolution of the City Commission granting approval for Conditional Use Mixed -Use Site Plan pursuant to Zoning Code Section 2-200 “Mixed Use Districts” for a mixed-use project referred to as “Regency Towers” on property legally described as Lots 1-12 and lots 35-46 including the public alleyway lying in between, Block 10, and lots 1-4, Block 15, Coral Gables Crafts Section (290, 272, 250, 244 Valencia Avenue, 247, 297 Almeria Avenue, and 2701 Salzedo Street) Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE) Conditional Use Site Plan Lobbyist: Lily Alvarez. Lobbyist: Armando Codina. Lobbyist: Jose M. Jimenez.

Agenda Items F-4, F-5, F-6, F-15 and F-16 are related.

F-16: A Resolution of the City Commission approving receipt of Transfer of Development Rights (TDRs) pursuant to Zoning Code Article 14, “Process,” Section 14-204.6, “Review and approval of use of TDRs on receiver sites,” for the receipt and use of TDRs for the Mixed-Use project referred to as “Regency Tower”, on property legally described as Lots 1-12 and lots 35-46 including the public alleyway lying in between, Block 10, and lots 1-4, Block 15, Coral Gables Crafts Section (290, 272, 250, 244 Valencia Avenue, 247, 297 Almeria Avenue, and 2701 Salzedo Street) Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE). Lobbyist: Lily Alvarez. Lobbyist: Armando Codina. Lobbyist: Jose M. Jimenez.

Agenda Items F-4, F-5, F-6, F-15 and F-16 are related.

F-17: A Resolution of the City Commission approving Mixed-Use Site Plan and Conditional Use review pursuant to Zoning Code Article 14, “Process” Section 14-203, “Conditional Uses,” for a proposed Mixed-Use project referred to as “1505 Ponce” on the property legally described as Lots 1 through 6 and Lots 17 through 22, Block 36, “Douglas Section” (1505 Ponce de Leon Boulevard, 126 and 122 Menores Avenue), Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. (This Resolution is not for consideration at this time and will be included with the above ordinance on Second Reading if approved on First Reading.). Lobbyist: Mario Garcia-Serra. Lobbyist: Lauren Kahn. Lobbyist: Leslie E. Pantin. Lobbyist: Leonard Roberts.

F-18: A Resolution of the City Commission approving the transfer/sending of Transfer of Development Rights (TDRs) to create a city park pursuant to Zoning Code Section 14-204.4(C) “Transfer/sending of TDRs to create a city park,” on the property legally described as Lots 25 thru 28, Block 8 of Coral Gables Section K (301 Majorca Avenue), Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date.

City Commission Items

G-1: Presentation by staff of a comprehensive plan and analysis on metal roofs in order for Commission to make a decision regarding same. (Sponsored by Mayor Lago).

G-2: Update regarding the replanting of all trees and shrubs on Ponce de Leon Boulevard. (Sponsored by Mayor Lago).

Click here to see staff’s presentation.

G-3: Update on the implementation of the quarterly reports on the condition of city buildings. (Sponsored by Mayor Lago).

G-4: Discussion regarding the signage and safety measures required for scooters. (Sponsored by Commissioner Anderson).

Click here to see staff’s presentation.

G-5: Report from Police regarding school safety activities and preparations. (Sponsored by Commissioner Fors).

G-6: Discussion regarding bike lanes, specifically in the areas of Salzedo Street in the residential infill district (North Ponce) and from the Mobility Hub to Cardena Street. (Sponsored by Commissioner Anderson).

G-7: Update and discussion regarding scope and time-line for Dover Kohl’s plan for Biltmore Way streetscape. (Sponsored by Commissioner Anderson).

G-8: Update on are the steps we need to take to move forward to hire a planner to establish the City’s Septic to Sewer plan. (Sponsored by Commissioner Anderson).

G-9: Discussion regarding the Business Improvement District’s (B.I.D.) petition language and petitioning procedure. (Sponsored by Commissioner Anderson). (Sponsored by Mayor Lago).

Created by the City of Coral Gables, the Business Improvement District is described as: “incorporated in July 1997 and encompasses 19 blocks of Downtown Coral Gables including Miracle Mile. As an advocate for downtown issues, property owners, and businesses, the BID empowers district members through a single-unified voice, speaking collectively to governmental and civic organizations and the general public in order to bring prosperity to the District. Its mission is to promote commercial vitality for Miracle Mile and Downtown Coral Gables through marketing and advertising, and to act as a strategic catalyst for the overall improvement of the area.”

Every five years, the BID is required to go through a renewal process. In April of this year, the Commission started this process by voting for its renewal. Following the vote, the BID which has its own independent staff, was to mail petitions properties within its boundaries must return demonstrating a majority want to renew the BID.

However, over the last few weeks, business owners in the area have questioned the process, as not all property owners received the petition. The petition also only provides the property one option, to support the renewal. Gables Insider has received a copy of the initial ballot from when the BID was created and that ballot provided an option to approve and one to deny. Others are also concerned about the disproportionate involvement of developers in the organization.

G-10: Update from Public Works regarding the status of the Country Club pool. (Sponsored by Commissioner Menendez).

G-11: Keep Coral Gables Beautiful Update. (Sponsored by Mayor Lago).

G-12: A Resolution of the City Commission authorizing Neighborhood Safety Aides 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. This item was deferred at the May 10, 2022 and May 31, 2022 Commission meetings.”

G-13: A Resolution of the City Commission approving a peafowl mitigation policy and directing City staff to transmit said policy to the Miami-Dade Board of County Commissioners for approval pursuant to the Code of Miami-Dade County, Chapter 5 “Animals and Fowl”, Section 5-16 “Taking of peafowl prohibited; municipal opt out.” (Sponsored by Mayor Lago).

Boards/Committees Items

H-1: A Resolution of the City Commission approving concept proposals from artists Janine Antoni and George Sánchez-Calderón for a temporary public art exhibition extending through winter, 2023, and to submit an event application to Art Basel. (unanimously recommended by Development Board approval/denial vote: 5 to 0).

“The Cultural Development Board historically has recommended City participation in Miami’s Art Week and, more specifically, an affiliation with Art Basel. Since 2016, the City has received recognition support from Art Basel for an annual temporary exhibition. The recognition of Art Basel encourages the City to maintain quality programming that invites residents and visitors to experience all the arts within the City Beautiful. City staff worked closely with the Arts Advisory Panel and compiled a list of artists who fit the City’s artist criteria along with the profile of artists affiliated with Art Basel and their represented galleries. After thoughtful consideration, the Arts Advisory Panel ardently recommended artist Janine Antoni, who responded with her availability to present a proposal and complete installation within the pre-determined timeline. As an alternate, the Panel recommended artist George Sánchez-Calderón. The Panel further recommended creation of site-specific new work that could be further considered for permanent acquisition. The Cultural Development Board was presented with the recommendation of the Arts Advisory Panel and voted unanimously to request proposals from both artists. Continuing the established relationship with Art Basel, the City proposes to submit an Art Basel VIP event application to celebrate the exhibition. Funding for the proposal phase is being requested through the Art Fund. Funding for the exhibition and related expenses will be brought to the City Commission as a separate resolution. The Arts Advisory Panel voted unanimously (5-0) to recommend support of a public exhibition by Janine Antoni, with George Sánchez-Calderón as an alternate at their meeting on June 16, 2022. The Cultural Development Board voted unanimously (6-0) to recommend proposals from Janine Antoni and George Sánchez-Calderón at their meeting on June 21, 2022.”

H-2: A Resolution of the City Commission approving Fiscal Year 2022-2023 Cultural Grant recipients and setting in place a funding mechanism contingent on the City ’s approved budget. (Unanimously recommended by the Cultural Development Board approval /denial vote: 7 to 0).

“One of the responsibilities of the City’s Cultural Development Board is to recommend to the City Commission the annual allocation of cultural grant funding. On May 24, 2022, the Cultural Development Board reviewed and scored 35 applications for the allocation of City of Coral Gables Cultural Grants funding. One (1) application was required by the Coral Gables Museum, funded separately. Proposed funding of 34 applicants and their scores (including the Coral Gables Museum) are shown on Exhibit A attached to the proposed Resolution. Last year the allocated funding was $191,228, with gradual increases frozen since 2020 due to the pandemic. The Cultural Development Board has respectfully made a motion recommending an increase of 5%, which has been submitted for funding consideration, but has not been approved at this time. The requested increase would be $9,561, bringing the Cultural Grants budget to $200,789. The FY23 Budget Estimate is maintaining the $191,228 amount. Staff is respectfully requesting that the increase be approved.”

Click here to see staff’s presentation.

City Manager Items

I-1: End of Session Report from the City’s Lobbying Team.

Click here to see staff’s presentation.

I-2: Demonstration of New City Website, Beta Launch.

I-3: Innovation and Technology demonstration of new homegrown Smart City Digital Twin platform and Horizontal Integration Dashboards.

I-4: A Resolution of the City Commission amending Ordinance No. 2015-17, as amended, to revise various Fire Prevention permit fees and Solid Waste Collection Special Pick -Up fees; providing for severability, and an effective date.

“Fire Prevention Permit Fees: The City’s Fire Prevention permit fees are due to be reviewed. The Fire Department has initiated conducted a fee study that recommends various fee changes to certain permits, which are reflected in Exhibit B. The changes will allow greater transparency and ease in fee calculation while recovering the cost of permit review and inspection, consistent with the requirements of the Florida Statues. Proposed fee schedule will be in accordance with the fee structure of the Development Services Department. The new fee changes will take effect October 1, 2022, via the attached Resolution (Exhibit B). Special Pick-Up Fees: Trash is primarily disposed of at the WM Resource Recovery facility. The cost of disposal at this facility has increased over 40% from FY 2013 to FY 2022, and when considering the projected rates for FY 2023 the increase will be approximately 48% (since FY13). This fee adjustment increases the per cubic yard rate, for trash collected in excess of the allowable amount and special pick-ups, from $10.00 to $15.00. The new fee changes will take effect October 1, 2022, via the attached Resolution (Exhibit B).”

I-5: A Resolution of the City Commission authorizing the City Manager to enter into a cooperative agreement with the School Board of Miami-Dade County, Florida, for Project Victory, a program that assists young adults with disabilities by providing work skills and employment training within the City of Coral Gables.

“Project Victory is a program developed by Miami-Dade County Public Schools (“MDCPS”) to prepare students with disabilities for financial, personal/social and/or independent functioning through the acquisition of employability skills essential for success in the workplace. Project Victory is designed for up to 12 students per semester that are enrolled in a Miami-Dade County public school and are referred to Project Victory by their teachers, program specialists and other school support staff. The City wishes to host Project Victory at City Hall, the 427 Building and the Public Safety Building to allow students to benefit from on-the-job training and real-life experiences. MDCPS will provide an on-site-teacher and paraprofessional job coach that provide instruction, support and direct supervision to students according to a training plan developed for each student in conjunction with a City representative. While working at the City, the City will offer the students employability skills based on the student’s capabilities and experience.”

I-6: A Resolution of the City Commission supporting the rights, freedoms, equal treatment and inclusion of lesbian, gay, bisexual, transgender and queer (referred to in this Resolution as “LGBTQ+”) individuals in our community, encouraging cities and states around the country to take action to ensure equality and inclusiveness in their own cities and supporting efforts to ensure that the City remains a beacon of hope for the equal treatment and inclusion of all individuals, including LGBTQ+ individuals.

“LGBTQ+ individuals have made and continue to make, vital contributions to our community and the world in every aspect, including the fields of education, health, law, business, science, research, economic development, architecture, sports, government, music, film, politics, technology, literature and civil rights. The movement toward LGBTQ+ equality and inclusion has seen great strides forward in recent years, including the United States Supreme Court holdings that the freedom to marry is guaranteed to same-sex couples and the ruling that the 1964 Civil Rights Act protects gay, lesbian, and transgender employees from discrimination based on sex, landmark victories for the LGBTQ+ community. LGBTQ+ individuals have fought for equal treatment, inclusion, dignity and respect and remain determined to pursue full equality, respect and inclusion for individuals regardless of sexual orientation or gender identity. The City supports the rights, freedoms and equal treatment of LGBTQ+ individuals and supports efforts to ensure the equal treatment and inclusion of all individuals, regardless of sexual orientation and gender identity in all areas, including employment, housing, and public accommodations.”