Agenda Digest: City Commission Meeting (03/12/2024)

Javier Baños

Baños is the Editor of Gables Insider

On Tuesday, March 12, 2024, the Coral Gables City Commission will hold its next City Commission meeting. Here is a rundown of 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, March 12, 2024, 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

D.-1. 24-6915 A Resolution of the City Commission approving a Statewide Mutual Aid Agreement with Florida Division of Emergency Management; providing for authorization; providing for implementation; and providing for an effective date.

D.-2. 24-7104 A Resolution of the City Commission accepting the recommendation of the Innovations and Technology Department to waive the competitive process to purchase Zoning and Land Use management software and support as a “Special Procurement/Bid Waiver,” pursuant to Section 2-691 of the Procurement Code at a total cost of $150,000.

D.-3. 24-7111 A Resolution of the City Commission authorizing the acceptance of modification no. 5 of grant funds to Agreement no. G22MI0016A funds in the amount of $64,362.18 on behalf of the Coral Gables Police Department as part of the Office of National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Areas (HIDTA) Program to support Fiscal Year 2023-2024 operations of the South Florida Money Laundering Strike Force; and authorizing an amendment to the Fiscal Year 2023-2024 annual budget to recognize the $64,362.18 grant modification no. 5 as revenue and to appropriate such funds to put toward the cost of the program.

D.-4. 24-7116 A Resolution of the City Commission authorizing an Amendment to the Temporary License Agreement between the City of Coral Gables and Ben & Giules, Inc., with regard to the premises located at 290 Miracle Mile, Coral Gables, Florida, 33134, extending the term for twelve (12) months (April 1, 2024- March 31, 2025) increasing the License Fee to $3,500.00 per month and the security deposit.

D.-5. 24-7161 A Resolution of the City Commission accepting a recommendation to waive the competitive process of the Procurement Code and purchase the LUCAS and Lifepak15 Annual Maintenance Service for the Fire Department as a “Sole Source Procurement”, pursuant to Section 2-689 of the City’s Procurement Code at a total cost of $28,325.40.

D.-6. 24-7171 A Resolution of the City Commission confirming the appointment of Maribel Amanda Requena (Nominated by Commissioner Fernandez) to serve as a member of the Cultural Development Board, for a two (2) year term which will begin on June 1, 2023 and continues through May 31, 2025.

Agenda Items 2-1 and G-1 are related.

2.1. 24-7077 A Resolution of the Coral Gables Retirement Board requesting that the Coral Gables City Commission waive the residency requirement of Qualified Members nominated for the Retirement Board so long as they work in the City of Coral Gables.

E. PUBLIC HEARINGS

ORDINANCES ON SECOND READING
E.-1. 23-5979 An Ordinance of the City Commission granting approval of proposed amendments to the text of the City of Coral Gables Comprehensive Plan Future Land Use Element, 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 for additional building height up to one hundred and thirty-seven feet and six inches with parks incentives if developed pursuant to the Design & Innovation District regulations: and clarifying the Design & Innovation District as a Transfer of Development Rights receiving area; providing for a repealer provision, severability clause, codification, and providing for an effective date. (Readoption of Ordinance No. 2023-34)

“The Comprehensive Plan text amendment was a companion item to the Zoning Code amendments that created a parks incentive program within the Design & Innovation District that was adopted by Ordinance No. 2023-35 by the City Commission on October 24, 2023 (vote: 5-0). The ordinances incentivize the development of more urban parks in Coral Gables; the City Commission may allow additional building height within the Design and Innovation District in return for additional open spaces to be owned by the City and reduction in density. The District is limited to the area surrounding the Shops of Merrick Park and bounded by Bird Road, SW 39th Avenue, Ruiz Avenue/Ponce de Leon Boulevard, and Le Jeune Road.”

E.-2. 23-6828 An Ordinance of the City Commission providing for a text amendment to the City of Coral Gables Official Zoning Code, Creating Section 5-314 “Window and Hurricane Shutters” to regulate the closure of window and hurricane shutters and amending the City Code, Chapter 1-General Provisions, Section 1-7 entitled Penalties” to provide a penalty for the closure of window and hurricane shutters outside of the hurricane season; providing for severability clause, repealer provision, codification, and providing for an effective date. (02 20 2024 PZB approved with conditions, Vote: 5-0) (Sponsored by Commissioner Fernandez)

“Staff has prepared a text amendment to limit the closure of window and hurricane shutters to the 6-month Atlantic hurricane season, which lasts from June 1st to November 30th. Currently, the Zoning Code and City Code do not restrict the amount of time shutters may be installed. The proposed text amendment provides the time period in which homeowners and tenants can install shutters, and provides enforcement action and fines if violation were to occur. The City Manager or designee may determine cases of exceptions.”

E.-3. 23-6827 An Ordinance of the City Commission providing for text amendments to the City of Coral Gables Official Zoning Code, amending Article 1, “General Provisions,” Section 1-104 “Jurisdiction and Applicability,” amending provisions for the siting of city facilities to include facilities for workforce housing that are owned, financed, or operated by the City, the County, or other public (governmental) entity as required by the Code of Miami-Dade County Section 33-193.7 “Applicability in the Incorporated and Unincorporated Areas; Minimum Standards; Exemptions.,” providing for repealer provision, severability clause, codification, and providing for an effective date. (02 20 2024 PZB no recommendation, Vote: 3-2)

“Miami-Dade County has adopted a requirement that municipalities have an expedited process for the review of workforce housing that are owned, financed, or operated by the County, municipality, or other public government entity. As required by this Miami-Dade County Code Section 33-193.7, Staff has prepared a Zoning Code text amendment to comply with the County Code requirement to expedite the workforce application process for qualifying residential developments. As proposed, applications for workforce housing shall only be considered by the City Commission. The proposed expedited process
includes required notice and public hearing, and provides direction for administrative approval of non
substantial changes.”

Time Certain 2:00pm (Agenda Items E-4 and E-11 are related)

E.-4. 23-6566 An Ordinance of the City Commission approving a Planned Area Development (PAD) pursuant to Zoning Code Article 14, “Process,” Section 14-206, “General Procedures for Planned Area Development” for a proposed Publix grocery store and liquor store on the property legally described as Lots 1 through 48, Block 8, Coral Gables Crafts Section (2551 Le Jeune Rd), Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and an effective date. (11 08 2023 PZB recommended approval with conditions, Vote: 5-1) Lobbyist: Mario Garcia-Serra

As directed by the Commission at First Reading, the proposed site plan and Planned Area Development
(PAD) were revised as follows:

1. Removal of the retail spaces and expansion of the park to 20,000 square feet;
2. 20,000 square foot park will be conveyed to the City as voluntarily proffered, contingent to a separate agreement and approval; if separate agreement is not approved, the Applicant will retain ownership of the park with an executed publicly accessible open space easement;
3. Locations for utility undergrounding to beautify the street were conceptually determined by the applicant and Staff on Salzedo between the alley north of Andalusia and the alley south of Valencia; and
4. Curbline and temporary striping / on-street parking will be completed by the Applicant for future Andalusia and Salzedo bikeways, and fund / construct the final approved plans within 4 years of the issuance of the first certificate of occupancy.

ORDINANCES ON FIRST READING
Time Certain 3:00pm (Agenda Items E-5, E-6, E-7, E-8, E-9 and E-10 are related)

E.-5. 23-6704 An Ordinance of the City Commission amending the Future Land Use 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 Low-Rise Intensity” to “Commercial High-Rise Intensity” for Lots 8 through 21, less the West ½ of lot 8, Block 29, Crafts Section, together with that portion of the 20-foot platted alley lying east of Lots 11 and 19, of said Block 29, (3000 Ponce de Leon Blvd, 216 & 224 Catalonia, 203 University Dr, and 225 Malaga), Coral Gables, Florida; providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE) (LPA review) (12 13 2023 PZB recommended denial, Vote: 3-3) Lobbyist: Javier Fernandez

At the January 24, 2024 meeting, the Historic Preservation Board discussed the two amendments to the City Plan and the receipt of Transfer of Development Rights (TDRs). The Board recommended approval of the proposed modification of the University Drive curve, but was not in favor of vacating the alley.

The request for the receipt of Transfer of Development Rights and determination of whether the proposal adversely affects historic properties – the “white way” street light – was a central topic of discussion. The Applicant explained to the Board that the existing location of the “white way” street light would be up against the building and near a service provider. A motion was made to deny the request as several Board members believed that the proposal does adversely affect the historic property. The motion failed to achieve majority vote (3 – 2), carrying the request over to the February 21st meeting.

Prior to the February 21, 2024, HPB meeting, the Applicant studied their proposal and found that the current location of the “white way” street light does not conflict with the design of their building. Therefore, the proposed design maintains the location of the light. At the HPB meeting, Board members were content with the updated submittal and agreed that the distance between the building and “white way” street light showcases the historic structure. The item received unanimous approval (vote: 8-0).

E.-6. 23-6705 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 8 through 21, less the West ½ of lot 8, Block 29, Crafts Section from Mixed-Use 1 (MX1) District to Mixed-Use 3 (MX3) District (3000 Ponce de Leon Blvd, 216 & 224 Catalonia, 203 University Dr, and 225 Malaga); providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE) (12 13 2013 PZB no recommendation, Vote: 3-3) Lobbyist: Javier Fernandez

Planning & Zoning:

“The Applicant voluntarily proffered a covenant to restrict the height of the building and any future development to be part of the Comprehensive Plan. After a lengthy discussion, a motion was made to approve the requests for the Comprehensive Plan map and Zoning Code map amendments. The 3-3 vote was deemed a denial for the Comprehensive Plan map amendment as 4 votes are required, and no recommendation for the Zoning Code map amendment as 4 affirmative votes are required for a recommendation. The Board recommended approval of the mixed-use site plan and encroachment request, receipt of TDRs, and the tentative plat with the condition to retain the slip lane as is (vote: 4-2).”

E.-7. 23-6706 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 twenty (20) foot wide alley which is approximately one hundred and fifty-five (155) feet in length lying between Lots 12 thru 18 and Lots 11 and 19 in Block 29, Crafts Section (3000 Ponce de Leon Blvd, 216 & 224 Catalonia, 203 University Dr, and 225 Malaga), Coral Gables, Florida; providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE) (12 13 2023 PZB recommended approval, Vote: 4-2) Lobbyist: Javier Fernandez

RESOLUTIONS
Time Certain 3:00pm (Agenda Items E-5, E-6, E-7, E-8, E-9 and E-10 are related)

E.-8. 23-6707 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 a Mixed-Use project referred to as “Ponce Park Residences” on the property legally described as Lots 8 through 21, less the West ½ of lot 8, Block 29, Crafts Section, together with that portion of the 20-foot platted alley lying east of Lots 11 and 19, of said Block 29; (3000 Ponce de Leon Blvd, 216 & 224 Catalonia, 203 University Dr, and 225 Malaga), Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE) (12 13 2023 PZB recommended approval, Vote: 4-2) Lobbyist: Javier Fernandez

E.-9. 23-6708 A Resolution of the City Commission approving Mixed-Use Site Plan and Encroachment review pursuant to Zoning Code Article 14, “Process” Section 14-203, “Conditional Uses,” for a proposed Mixed-Use project referred to as “Ponce Park Residences” on the property legally described as Lots 8 through 21, less the West ½ of lot 8, Block 29, Crafts Section, together with that portion of the 20-foot platted alley lying east of Lots 11 and 19, of said Block 29; (3000 Ponce de Leon Blvd, 216 & 224 Catalonia, 203 University Dr, and 225 Malaga), Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE) (12 13 2023 PZB recommended approval with conditions, Vote: (4-2) Lobbyist: Javier Fernandez
E.-10. 23-6709 A Resolution of the City Commission approving the Tentative Plat entitled “Ponce Park Residences” pursuant to Zoning Code Article 14, “Process,” Section 14-210, “Platting/Subdivision,” being a re-plat of 42,543 square feet (0.977 acres) into a single tract of land on the property legally described as Lots 8 through 21, less the West ½ of lot 8, Block 29, Crafts Section, together with that portion of the 20-foot platted alley lying east of Lots 11 and 19, of said Block 29, together with a 1,318 square feet portion of University Drive that runs north of the Malaga Avenue right-of-way and west of the Ponce de Leon Boulevard right-of-way and dedication of 1,725 square feet; (3000 Ponce de Leon Blvd, 216 & 224 Catalonia, 203 University Dr, and 225 Malaga), Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. (LEGAL DESCRIPTION ON FILE) (12 13 2023 PZB recommended approval, Vote: 4-2) Lobbyist: Javier Fernandez

Time Certain 2:00pm (Agenda Items E-4 and E-11 are related)
E.-11. 23-6565 A Resolution of the City Commission approving Conditional Use Review of a Site Plan pursuant to Zoning Code Article 14, “Process” Section 14-203, “Conditional Uses,” for a proposed Publix grocery store and liquor store on the property legally described as Lots 1 through 48, Block 8, Coral Gables Crafts Section (2551 Le Jeune Rd), Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and an effective date. (11 08 2023 PZB recommended approval with conditions, Vote: 5-1) Lobbyist: Mario Garcia-Serra

F. CITY COMMISSION ITEMS
F.-1. 24-6982 Update on Le Parc Cafe. (Sponsored by Commissioner Fernandez)
F.-2. 24-7004 Update on pickleball courts in Parking Garage 4. (Sponsored by Commissioner Fernandez)
F.-3. 24-7145 Discussion regarding Vision Zero and Pedestrian Safety. (Sponsored by Vice Mayor Anderson)
F.-4. 24-7163 Discussion regarding Vision Zero and Pedestrian Safety. (Sponsored by Vice Mayor Anderson)
F.-5. 24-7165 Discussion regarding electric scooters. (Sponsored by Commissioner Castro)
F.-6. 24-7175 Discussion regarding the City’s Morale Committee. (Sponsored by Commissioner Castro)

Time Certain 10:00am (Agenda Items F-7, F-8, F-9, and F-10 are related)
F.-7. 24-7117 A Resolution of the City Commission renaming the city owned property currently named William A. Cooper Park located at 4920 Washington Drive, to include William Cooper’s wife and long-time community activist, Leona Cooper, with the name “William and Leona Cooper Park.” (Sponsored by Mayor Lago) (Co-Sponsored by Commissioner Fernandez) (Co-Sponsored by Commissioner Menendez)

F.-8. 24-7118 A Resolution of the City Commission naming the recently acquired city property located at Toledo Street and Alava Avenue in honor of the city’s first and only female mayor, Dorothy Thomson, whose involvement in the sale of the property to the city was integral to making this space a community park, with the name “Mayor Dorothy H. Thomson Park.” (Sponsored by Mayor Lago) (Co-Sponsored by Commissioner Fernandez) (Co-Sponsored by Commissioner Menendez)

F.-9. 24-7119 A Resolution of the City Commission renaming the city owned property currently named Sunrise Harbor Park located at 25 E Sunrise Avenue in honor of Sallye and James Jude who were both long-time community activists and whose contributions led to the advancement of modern medicine, with the name “The James and Sallye Jude Park.” (Sponsored by Mayor Lago) (Co-Sponsored by Commissioner Fernandez) (Co-Sponsored by Commissioner Menendez)

F.-10. 24-7120 A Resolution of the City Commission renaming the city owned property currently named Tiziano Park located at 7700 Old Cutler Road in honor of fallen Pararescuemen, Staff Sergeant Carl Philippe Enis of the 308th Rescue Squadron with the name “Staff Sergeant Carl Enis Veterans Memorial Park.” (Sponsored by Mayor Lago) (Co-Sponsored by Commissioner Fernandez) (Co-Sponsored by Commissioner Menendez)

F.-11. 24-7173 A Resolution of the City Commission directing City Staff to fund and deploy school crossing guards at Coral Gables Senior High School, and directing City Staff to conduct a review of current traffic patterns and conditions near Coral Gables Senior High School. (Sponsored by Commissioner Castro)

F.-12. 24-7174 A Resolution of the City Commission in support of County Commissioner Regalado’s efforts to allow cities additional oversight and regulations of e-bikes, motorized scooters, and micromobility devices on County roads within incorporated areas of Miami-Dade County. (Sponsored by Commissioner Castro)

BOARDS/COMMITTEES ITEMS
Agenda Items 2-1 and G-1 are related
G.-1. 24-7076 A Resolution of the City Commission granting approval of a residential waiver (by a four-fifths vote of the City Commission) for James Gueits (Nominated by Interim City Manager Parjus), in accordance with Section 2-52(b)(2) of the City Code, to serve as a member of the Coral Gables Retirement Board – General Employees, for a two (2) year term, which begins on June 1, 2023 and through May 31, 2025

CITY MANAGER ITEMS
H.-1. 24-7108 A Resolution of the City Commission calling a Special Election on the proposed non-binding straw ballot question to be held on August 20, 2024; providing for submission of a non-binding straw ballot question to the electors related to the possible annexation of Little Gables; providing for requisite ballot language; providing for procedure for balloting; providing for notice; providing for related matters; and providing for an effective date.

H.-2. 24-7112 A Resolution of the City Commission authorizing the acceptance of Modification No. 1 of grant funds to Agreement No. G23MI0016A funds in the amount of $313,237.79 on behalf of the Coral Gables Police Department as part of the Office of National Drug Control Policy (ONDCP) High Intensity Drug Trafficking Areas (HIDTA) Program to support Fiscal Year 2023-2024 operations of the South Florida Money Laundering Strike Force; and authorizing an amendment to the Fiscal Year 2023-2024 Annual Budget to recognize the $313,237.79 grant Modification No. 1 as revenue and to appropriate such funds to put toward the cost of the program.

H.-3. 24-7149 A Resolution authorizing the execution of a sewer improvement agreement between Regency Park, LLC, and the City of Coral Gables, subject to the requirements of the Public Works Department and provided that the executed agreement be made part of this resolution authorizing an amendment to the fiscal year 2023-2024 annual budget to recognize $475,000 contribution toward the city sewer improvement fund as revenue and to appropriate such funds to be used towards sewer improvements