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HomeMy WebLinkAboutCC 2004-11-18 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, November 18, 2004 10:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Jeffery L. Allen, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Agenda November 18, 2004 ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. * * * * * * * * * * * * * * * * * * * * * * * Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. * * * * * * * * * * * * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the city commission then present or (b) at the conclusion of the regularly City ofMiami Page 2 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 scheduled agenda, whichever occurs first. This rule does not apply when the city commission is engaged in its annual budget hearings (Ordinance 12586). City ofMiami Page 3 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PLANNING AND ZONING ITEMS Pages 1-132 The following items shall not be considered before 10:00 am. PZ.1 04-00573 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2143 AND 2161 SOUTHWEST 6TH STREET AND 2160 SOUTHWEST 5TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544 from "Medium Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 2143 and 2161 SW 6th Street and 2160 SW 5th Street APPLICANT(S): Edward D. Pascoe, Owner and Salomon Sutton/Punta Diamante, LLC, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 6-2. See companion File ID 04-00573a. PURPOSE: This will change the above properties to Restricted Commercial. DATE: JULY 22, 2004 ACTION: CONTINUED DATE: SEPTEMBER 27, 2004 ACTION: DENIED DATE: OCTOBER 14, 2004 ACTION: RECONSIDERED City ofMiami Page 4 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.2 04-00573a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 34, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2160 SOUTHWEST 5TH STREET AND 2143 AND 2161 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 from R-3 Multifamily Medium -Density Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 2160 SW 5th Street and 2143 and 2161 SW 6th Street APPLICANT(S): Edward D. Pascoe, Owner and Salomon Sutton/Punta Diamante, LLC, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 14, 2004 by a vote of 5-4. See companion File ID 04-00573. PURPOSE: This will change the above properties to C-1 Restricted Commercial. DATE: JULY 22, 2004 ACTION: CONTINUED DATE: SEPTEMBER 27, 2004 ACTION: DENIED DATE: OCTOBER 14, 2004 ACTION: RECONSIDERED City ofMiami Page 5 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.3 04-01128 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY NORTHWEST 22ND STREET AND NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately NW 22nd Street and NW 2nd Avenue APPLICANT(S): Artists Lofts, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 22, 2004 by a vote of 8-0. See companion File ID 04-1128a. PURPOSE: This will change the above properties to General Commercial. City ofMiami Page 6 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.4 04-01128a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY NORTHWEST 22ND STREET AND NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from I Industrial to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately NW 22nd Street and NW 2nd Avenue APPLICANT(S): Artists Lofts, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on October 18, 2004 by a vote of 9-0. See companion File ID 04-01128. PURPOSE: This will change the above properties to C-2 Liberal Commercial. City ofMiami Page 7 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.5 04-01101 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING -- City Commission ORDINANCE NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 4 AND 6, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS AND SECTION 614 SD-14 LATIN QUARTER COMMERCIAL -RESIDENTIAL, AND RESIDENTIAL DISTRICTS; IN ORDER TO MODIFY THE C-1 RESTRICTED COMMERCIAL AND SD-14 ZONING CLASSIFICATIONS WITH REGARDS TO FOOTPRINT LIMITATIONS; ADDING CONDITIONS FOR APPROVAL; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 1, 2004 by a vote of 6-0. PURPOSE: This will relax footprint regulations in the C-1 Restricted Commercial and SD-14 Latin Quarter Commercial -Residential, and Residential Districts for projects that provide liners. DATE: OCTOBER 28, 2004 ACTION: CONTINUED City ofMiami Page 8 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.6 04-01179 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, RELATING TO -- City Commission HOME OCCUPATIONS BY AMENDING ARTICLE 9, SECTION 906 OF THE ZONING ORDINANCE, IN ORDER TO MODIFY THE REQUIREMENTS CONCERNING HOME OCCUPATIONS IN R-4, COMMERCIAL, AND SPECIAL DISTRICTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 6, 2004 by a vote of 7-1. PURPOSE: This will allow for extensions to home occupations in certain districts to promote live/work. City ofMiami Page 9 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.7 04-01180 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING -- City Commission ORDINANCE NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 4 AND 9, IN ORDER TO MODIFY CONDITIONAL PRINCIPAL USES IN THE C-1 AND C-2 ZONING DISTRICTS AND TO MODIFY PROVISIONS OF SECTION 945, PHARMACEUTICAL LABORATORIES, TO BE CONSISTENT WITH SUCH CHANGES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 6, 2004 by a vote of 7-0. PURPOSE: This will eliminate pharmaceutical laboratories from the C-1 Restricted Commercial zoning district. City ofMiami Page 10 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.8 04-01181 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING -- City Commission ORDINANCE NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6 SPECIAL DISTRICTS, MORE PARTICULARLY BY AMENDING SECTIONS 623 AND 625 IN ORDER TO ALLOW EXCEPTIONS TO SETBACK AND USE LIMITATIONS CONDITIONALLY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 6, 2004 by a vote of 8-0. PURPOSE: This will allow arcades within the Coral Way and SW 8th Street special districts. City ofMiami Page 11 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 The following items shall not be considered before 2:30 pm. PZ.9 04-00723 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE 1237 BISCAYNE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 1237 BISCAYNE BOULEVARD, 324 AND 444 NORTHEAST 13TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 57-STORY MIXED -USE STRUCTURE CONSISTING OF 408 TOTAL MULTIFAMILY RESIDENTIAL UNITS, APPROXIMATELY 17,160 SQUARE FEET OF RETAIL/OFFICE USE, AND 570 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: Major Use Special Permit for the 1237 Biscayne Boulevard Project LOCATION: Approximately 1237 Biscayne Boulevard and 324 and 444 NE 13th Street APPLICANT(S): 1237 Biscayne Blvd, LLC, Owner and 1237 Biscayne Development Group, LLC, Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 16, 2004 by a vote of 6-0. ZONING BOARD: Granted the special exception with conditions* on June 28, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the 1237 Biscayne Boulevard Project. DATE: JULY 22, 2004 ACTION: CONTINUED DATE: JULY 29, 2004 ACTION: CONTINUED DATE: OCTOBER 28, 2004 ACTION: CONTINUED City ofMiami Page 12 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.10 03-0188 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL FILED BY RIVERHOUSE PIER I LIMITED, AND AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DESIGNATED EAST COAST FISHERIES LOCATED AT 40 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, AS A HISTORIC SITE. DATE: NOVEMBER 25, 2003 ACTION: CONTINUED DATE: JANUARY 22, 2004 ACTION: CONTINUED DATE: FEBRUARY 26, 2004 ACTION: CONTINUED DATE: MAY 27, 2004 ACTION: CONTINUED DATE: SEPTEMBER 23, 2004 ACTION: DEFERRED City ofMiami Page 13 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.11 04-00953 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A BAR, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1) THE APPROVAL OF THIS SPECIAL EXCEPTION SHALL RUN WITH THIS OPERATOR ONLY; ANY CHANGES TO A DIFFERENT OPERATOR SHALL REQUIRE A SEPARATE SPECIAL EXCEPTION, AND 2) THIS APPROVAL IS SUBJECT TO THE APPLICANT GETTING THE APPROVAL OF THE VARIANCE AS A COMPANION ITEM IN THIS AGENDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1252 SOUTHWEST 22ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." DATE: SEPTEMBER 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: CHAIRMAN SANCHEZ VOTE: AYES: 3 - COMMISSIONER GONZALEZ, WINTON AND SANCHEZ NOES: 1 - COMMISSIONER REGALADO ACTION: ADOPTED DATE: SEPTEMBER 30, 2004 ACTION: SIGNED BY THE MAYOR DATE: OCTOBER 14, 2004 ACTION: RECONSIDERED City ofMiami Page 14 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.12 04-00953a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, OFFSTREET PARKING REQUIREMENTS FOR BARS, ZONED "C-1" RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT, TO WAIVE TEN (10) OF THE REQUIRED FIFTEEN (15) PARKING SPACES, FOUR (4) SPACES PROVIDED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1252 SOUTHWEST 22ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." THIS VARIANCE WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1) IF THE STRUCTURE FOR WHICH THE VARIANCE IS GRANTED TERMINATES FOR ANY REASON, INCLUDING AN ACT OF GOD, THE VARIANCE SHALL TERMINATE, AND 2) RECORDATION OF THESE CONDITIONS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. DATE: SEPTEMBER 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: CHAIRMAN SANCHEZ VOTE: AYES: 3 - COMMISSIONER GONZALEZ, WINTON AND SANCHEZ NOES: 1 - COMMISSIONER REGALADO ACTION: ADOPTED DATE: SEPTEMBER 30, 2004 ACTION: SIGNED BY THE MAYOR DATE: OCTOBER 14, 2004 ACTION: RECONSIDERED City ofMiami Page 15 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.13 04-01168 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL FILED BY DACRA DESGIN MOORE, LLC ("APPELLANT"), AND MODIFYING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED THE BUENA VISTA POST OFFICE/MOORE FURNITURE BUILDING LOCATED AT 4000-4040 NORTHEAST 2 AVENUE, MIAMI, FLORIDA AS A HISTORIC DISTRICT, BY AMENDING THE DESIGNATION REPORT TO ELIMINATE THE ATRIUM OF THE MOORE FURNITURE BUILDING AS AN INTERIOR SPACE SUBJECT TO REGULATION. City ofMiami Page 16 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.14 04-01207 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY THE PALM GROVE NEIGHBORHOOD ASSOCIATION AND ANDREW DICKMAN, ESQUIRE, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 04-0157 ISSUED ON JULY 15, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 7460 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A. REQUEST: Appeal of a Zoning Board Decision of a Class II Special Permit Appeal LOCATION: Approximately 7460 Biscayne Boulevard APPLICANT(S): Biscayne Corridor Development Corp. APPLICANT(S) AGENT: Tony Recio, Esquire APPELLANT(S): Palm Grove Neighborhood Association, Eileen Bottari and Abbie Cuellar, Adjacent Property Owners APPELLANT(S) AGENT: Andrew W.J. Dickman, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal and uphold the Zoning Board's decision of the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on October October 4, 2004 by a vote of 6-3. PURPOSE: The approval of this appeal will not allow the new construction of a mixed -use structure. City ofMiami Page 17 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.15 04-01208 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, REVERSING THE DECISION OF THE MIAMI ZONING BOARD, AND THEREBY DENYING CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309, ISSUED ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City ofMiami Page 18 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.16 04-01209 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, REVERSING THE DECISION OF THE MIAMI ZONING BOARD, AND DENYING CLASS II SPECIAL PERMIT APPLICATION NO. 03-0308 ISSUED ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5225 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City ofMiami Page 19 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.17 04-00671 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 201 THROUGH 261 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 201-261 SW 6th Street APPLICANT(S): 261 Brickell, LLC, Owner and Omega Alpha Engineering USA Group, Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended approval to City Commission on September 13, 2004. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 2, 2004 by a vote of 7-1. See companion File ID 04-00671 a. PURPOSE: This will change the above properties to Restricted Commercial. DATE: SEPTEMBER 27, 2004 ACTION: CONTINUED DATE: OCTOBER 28, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER ALLEN VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND ALLEN ACTION: PASSED ON FIRST READING City ofMiami Page 20 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.18 04-00671a ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "SD-4" WATERFRONT INDUSTRIAL DISTRICT AND "I" INDUSTRIAL TO "SD-7" CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 227-243 SOUTHWEST 6TH STREET, 261 SOUTHWEST 6TH STREET AND 201-227 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from SD-4 Waterfront Industrial District and I Industrial to SD-7 Central Brickell Rapid Transit Commercial -Residential District to Change the Zoning Atlas LOCATION: Approximately 227-243 SW 6th Street, 261 SW 6th Street and 201-227 SW 6th Street APPLICANT(S): 261 Brickell, LLC, Owner and Omega Alpha Engineering USA Group, Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended approval to City Commission on September 13, 2004. ZONING BOARD: Recommended approval to City Commission on July 12, 2004 by a vote of 6-3. See companion File ID and 04-00671. PURPOSE: This will change the above properties to SD-7 Central Brickell Rapid Transit Commercial -Residential District. DATE: SEPTEMBER 27, 2004 ACTION: CONTINUED DATE: OCTOBER 28, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN GONZALEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND ALLEN ACTION: PASSED ON FIRST READING City ofMiami Page 21 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.19 04-00565 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3525, 3541 AND 3545 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3525, 3541 and 3545 SW 22nd Terrace APPLICANT(S): Coral East Development Corp. APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 5, 2004 by a vote of 4-2. See companion File ID 04-00565a. PURPOSE: This will change the above properties to Restricted Commercial. DATE: SEPTEMBER 27, 2004 ACTION: CONTINUED DATE: OCTOBER 28, 2004 MOVER: COMMISSIONER REGALADO SECONDER: COMMISSIONER ALLEN VOTE: AYES: 3 - COMMISSIONER WINTON, REGALADO AND ALLEN ABSENT: 2 - COMMISSIONER GONZALEZ AND SANCHEZ ACTION: PASSED ON FIRST READING City ofMiami Page 22 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.20 04-00565a ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3525, 3541 AND 3545 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District to Change the Zoning Atlas LOCATION: Approximately 3525, 3541 and 3545 SW 22nd Terrace APPLICANT(S): Coral East Development Corp. APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 12, 2004 by a vote of 5-4. See companion File ID 04-00565. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District. DATE: SEPTEMBER 27, 2004 ACTION: CONTINUED DATE: OCTOBER 28, 2004 MOVER: COMMISSIONER REGALADO SECONDER: COMMISSIONER ALLEN VOTE: AYES: 3 - COMMISSIONER WINTON, REGALADO AND ALLEN ABSENT: 2 - COMMISSIONER GONZALEZ AND SANCHEZ ACTION: PASSED ON FIRST READING City ofMiami Page 23 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.21 04-01163 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 721 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Major Institutional, Public Facilities, Transporation and Utilities" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 721 NW 1st Avenue APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 20, 2004 by a vote of 5-0. PURPOSE: This will change the above property to Restricted Commercial. DATE: OCTOBER 28, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER ALLEN VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND ALLEN ACTION: PASSED ON FIRST READING City ofMiami Page 24 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.22 04-00984b ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, ZONING AND PLANNING, OF THE CITY OF MIAMI CODE BY ADDING A NEW ARTICLE XI ENTITLED, "ARTS AND ENTERTAINMENT MURAL REGULATIONS"; CREATING DEFINITIONS; PROVIDING FOR LICENSE AND PERMIT REQUIREMENTS; PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend the Miami City Code APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will add a new Article XI to the Miami City Code entitled, "Arts and Entertainment Mural Regulations." NOTE: Language in 04-00984b incorporates language passed on First Reading on September 23, 2004 and October 28, 2004 from 04-00984 and language proposed on October 28, 2004 from 04-00984a. City ofMiami Page 25 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.23 04-00927a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3686-88 SOUTHWEST 15TH STREET AND 3685-87 SOUTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3686-88 SW 15th Street and 3685-87 SW 16th Street APPLICANT(S): Napoleon & Eumelia Alvarez, David & Irene Mermelstein and Ignacio and Odilia Rios, Owners and Strategic Properties Group, Inc., Contract Purchaser APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 22, 2004 by a vote of 3-5. See companion File ID 04-00927 and 04-00927b. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Urbanea Major Use Special Permit Project. DATE: OCTOBER 28, 2004 ACTION: CONTINUED City ofMiami Page 26 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.24 04-00927b ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 40, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3686-88 SOUTHWEST 15TH STREET AND 3685-87 SOUTHWEST 16TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3686-88 SW 15th Street and 3685-87 SW 16th Street APPLICANT(S): Napoleon & Eumelia Alvarez, David & Irene Mermelstein and Ignacio and Odilia Rios, Owners and Strategic Properties Group, Inc., Contract Purchaser APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on July 26, 2004 by a vote of 9-0. See companion File ID 04-00927 and 04-00927a. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Urbanea Major Use Special Permit Project. DATE: OCTOBER 28, 2004 ACTION: CONTINUED City ofMiami Page 27 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.25 04-01131 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 517, 555 AND 603 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 517, 555 and 603 NW S River Drive APPLICANT(S): MSJ Holdings, Inc. and 5 Street Terminal, Inc., Owners and Shear Construction Development, Inc., Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Pending November 1, 2004 report to City Commission. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 22, 2004 by a vote of 3-5 due to the failure to obtain the required five affirmative votes in favor. See companion File ID 04-01131a. PURPOSE: This will change the above properties to Restricted Commercial. City ofMiami Page 28 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.26 04-01131a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "SD-4" WATERFRONT INDUSTRIAL DISTRICT TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 517, 555 AND 603 NORTHWEST SOUTH RIVER DRIVE , MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from SD-4 Waterfront Industrial District to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 517, 555 and 603 NW S River Drive APPLICANT(S): MSJ Holdings, Inc. and 5 Street Terminal, Inc., Owners and Shear Construction Development, Inc., Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Pending November 1, 2004 report to City Commission. ZONING BOARD: Recommended approval to City Commission on October 18, 2004 by a vote of 5-4. See companion File ID 04-01131. PURPOSE: This will change the above properties to C-1 Restricted Commercial. City ofMiami Page 29 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.27 04-00674 ORDINANCE FIRST READING AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO PROVIDE FOR A NEW ARTICLE NO. 8.1 ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; CONTAINING A REPEALER PROVISION AND A SEVERABLITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 2, 2004 by a vote of 8-0. Also recommended approval to City Commission on November 3, 2004 by a vote of 7-0. See companion File ID 04-00674a. PURPOSE: This will create a new article to the Zoning Ordinance entitled, "Tree Protection." DATE: JULY 22, 2004 ACTION: CONTINUED City ofMiami Page 30 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PZ.28 04-00674a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, "ZONING AND PLANNING" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CREATING ARTICLE XII ENTITLED, "TREE TRUST FUND;" ADDING AN INTENT STATEMENT AND PROVIDING FOR ADMINISTRATION AND REGULATIONS; AND PROVIDING FOR TRUST FUND PAYMENTS AS SPECIFIED IN SECTION 8.1.6.6 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend the Code of the City of Miami APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 04-00674. PURPOSE: This will amend the Miami City Code by creating a new article entitled, "Tree Trust Fund." DATE: JULY 22, 2004 ACTION: CONTINUED City ofMiami Page 31 Printed on 3/11/2008