Loading...
HomeMy WebLinkAboutCC 2004-12-09 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, December 9, 2004 10:00 AM PLANNING AND ZONING AGENDA 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 December 9, 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 8/31/2006 City Commission Meeting Agenda December 9, 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 8/31/2006 City Commission Meeting Agenda December 9, 2004 PLANNING AND ZONING ITEMS The following items shall not be considered before 10:00 am. PZ.1 04-01269 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, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE SOHO PROJECT, TO BE LOCATED AT APPROXIMATELY 601, 611, 613 AND 615 NORTHEAST 23RD STREET, MIAMI, FLORIDA, TO CONSTRUCT A 202-FOOT, 16-STORY HIGH RESIDENTIAL STRUCTURE TO BE COMPRISED OF APPROXIMATELY 95 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, AND APPROXIMATELY 142 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 SoHo Project LOCATION: Approximately 601, 611, 613 and 615 NE 23rd Street APPLICANT(S): Loft Development, Ltd., Now Known as SoHo Development, Ltd. APPLICANT(S) AGENT: Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on July 17, 2004 by a vote of 2-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on October 20, 2004 by a vote of 5-0. ZONING BOARD: Recommended denial of variances to City Commission on October 18, 2004 by a vote of 5-4. *See supporting documentation. PURPOSE: This will allow the development of the SoHo Project. City ofMiami Page 4 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.2 04-01280 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE CAPIRO TOWER PROJECT TO BE LOCATED AT APPROXIMATELY 300 SOUTHWEST 12TH AVENUE; 1220 & 1244 SOUTHWEST 3RD STREET; AND 1217, 1229 & 1247 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 328 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 10,000 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 543 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES SPECIFIED IN EXHIBIT "C"; 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 Capiro Tower Project LOCATION: Approximately 300 SW 12th Avenue; 1220 & 1244 SW 3rd Street; and 1217, 1229 & 1247 SW 4th Street APPLICANT(S): Enda Investment, Inc., Pafer, Inc. and Repatier International, Ltd, Owners and KBFG, LLC, Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on September 15, 2004 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on November 3, 2004 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Capiro Tower Project. City ofMiami Page 5 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.3 04-00562 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 90 SOUTHWEST 3RD STREET A/K/A 55 AND 92 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FROM "OFFICE" 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 "Office" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 90 SW 3rd Street a/k/a 55 and 92 SW 3rd Street APPLICANT(S): Miami River, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On September 13, 2004, found the application to be consistent with the adopted strategic plan, The Miami River Corridor Urban Infill Plan, in addition to The Miami River Greenway Action Plan, by a unanimous vote with a condition that the riverwalk be constructed within five years of the approval of the major use special permit. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 5, 2004 by a vote of 5-0. See companion File ID 04-00562a and 04-00562b. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Riverfront West Major Use Special Permit Project. DATE: JULY 22, 2004 ACTION: CONTINUED DATE: SEPTEMBER 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN GONZALEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 6 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.4 04-00562a 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 "0" OFFICE TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 90 SOUTHWEST 3RD STREET, A/K/A 55 AND 92 SOUTHWEST 3RD 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 0 Office to SD-6 Central Commercial -Residential District to Change the Zoning Atlas LOCATION: Approximately 90 SW 3rd Street a/k/a 55 and 92 SW 3rd Street APPLICANT(S): Miami River, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On September 13, 2004, found the application to be consistent with the adopted strategic plan, The Miami River Corridor Urban Infill Plan, in addition to The Miami River Greenway Action Plan, by a unanimous vote with a condition that the riverwalk be constructed within five years of the approval of the major use special permit. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 9-0. See companion File ID 04-00562 and 04-00562b. PURPOSE: This will change the above properties to SD-6 Central Commercial -Residential District for the proposed Riverfront West Major Use Special Permit Project. DATE: JULY 22, 2004 ACTION: CONTINUED DATE: SEPTEMBER 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN GONZALEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 7 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.5 04-00562b RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE RIVERFRONT WEST PROJECT, TO BE LOCATED AT APPROXIMATELY 90 SOUTHWEST 3RD STREET A/K/A 55, 92 AND 95 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, TO CONSTRUCT FOUR MIXED -USE STRUCTURES WITH VARYING HEIGHTS AS SET FORTH HEREIN TO BE COMPRISED OF APPROXIMATELY 1,462 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 38,728 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 203,000 SQUARE FEET OF OFFICE SPACE, AND APPROXIMATELY 1,832 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 Riverfront West Project LOCATION: Approximately 90 SW 3rd Street a/k/a 55 and 92 and 95 SW 3rd Street APPLICANT(S): Miami River, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. MIAMI RIVER COMMISSION: On September 13, 2004, found the application to be consistent with the adopted strategic plan, The Miami River Corridor Urban Infill Plan, in addition to The Miami River Greenway Action Plan, by a unanimous vote with a condition that the riverwalk be constructed within five years of the approval of the major use special permit. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on September 15, 2004 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on November 3, 2004 by a vote of 7-0. See companion File ID 04-00562 and 04-00562a. *See supporting documentation. PURPOSE: This will allow the development of the Riverfront West Project. City ofMiami Page 8 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.6 04-01282 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 03-1235 (THE FORMER MIAMI RIVER VILLAGE), PURSUANT ARTICLES 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE RIVERFRONT EAST PROJECT, TO BE LOCATED AT APPROXIMATELY 300, 350 AND 400 SOUTH MIAMI AVENUE AND 15, 24, 25 AND 39 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, TO ALLOW THE FOLLOWING CHANGES TO THE ORIGINAL APPLICATION: INCREASE THE NUMBER OF RESIDENTIAL UNITS FROM 1,304 TO APPROXIMATELY 1,424 UNITS; AND DECREASING THE NON-RESIDENTIAL USES FROM 101,157 SQUARE FEET TO APPROXIMATELY 94,794 SQUARE FEET. THE PROJECT WILL NOW CONSIST OF THREE MIXED -USE STRUCTURES VARYING IN HEIGHT AS SPECIFIED HEREIN TO BE COMPRISED OF APPROXIMATELY 1,424 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 41,994 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 52,800 SQUARE FEET OF OFFICE SPACE, AND APPROXIMATELY 1,671 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 Substantial Modification for the Riverfront East Project LOCATION: Approximately 300, 350 and 400 S Miami Avenue and 15, 24, 25 and 39 SW 4th Street APPLICANT(S): Neo Epoch 1 Ltd. and Douwntown River Village, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. MIAMI RIVER COMMISSION: On September 13, 2004, found the application to be consistent with the adopted strategic plan, The Miami River Corridor Urban Infill Plan, in addition to The Miami River Greenway Action Plan, by a unanimous vote with a condition that the riverwalk be constructed within five years of the approval of the major use special permit. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on September 15, 2004 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on November 3, 2004 by a vote of 7-0. *See supporting documentation. City ofMiami Page 9 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PURPOSE: This will allow a substantial modification to the Riverfront East Project. City ofMiami Page 10 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.7 04-01286 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, GRANTING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A SOLID WASTE DROP OFF FACILITY, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED FOR THE PROPERTY LOCATED AT APPROXIMATELY 1290 NORTHWEST 20TH STREET, MIAMI, FLORIDA, ZONED "G/I GOVERNMENT AND INSTITUTIONAL," MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." REQUEST: Special Exception Requiring City Commission Approval LOCATION: Approximately 1290 NW 20th Street APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on November 22, 2004 by a vote of 8-0. PURPOSE: This will allow a solid waste drop off facility for the City of Miami. City ofMiami Page 11 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.8 04-01128 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 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. DATE: NOVEMBER 18, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN GONZALEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND ALLEN ABSENT: 1 - COMMISSIONER REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 12 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.9 04-01128a ORDINANCE SECOND 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. DATE: NOVEMBER 18, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN GONZALEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND ALLEN ABSENT: 1 - COMMISSIONER REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 13 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.10 04-01102 ORDINANCE SECOND READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, ESTABLISHING AN -- City Commission URBAN CENTRAL BUSINESS DISTRICT PURSUANT TO SECTION 380.06(2)(e), FLORIDA STATUTES; SETTING FORTH THE BOUNDARIES OF THE URBAN CENTRAL BUSINESS DISTRICT; ESTABLISHING GUIDELINES AND STANDARDS WHICH SHALL BE APPLICABLE TO DEVELOPMENTS WITHIN THE URBAN CENTRAL BUSINESS DISTRICT; PROVIDING FOR TRANSMISSION TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. REQUEST: To Establish an Urban Central Business District 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 designate the downtown area as an Urban Central Business District to encourage development in downtown. DATE: OCTOBER 28, 2004 MOVER: COMMISSIONER ALLEN SECONDER: COMMISSIONER WINTON VOTE: AYES: 3 - COMMISSIONER WINTON, REGALADO AND ALLEN ABSENT: 2 - COMMISSIONER GONZALEZ AND SANCHEZ ACTION: PASSED ON FIRST READING City ofMiami Page 14 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.11 04-01179 ORDINANCE SECOND 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. DATE: NOVEMBER 18, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN GONZALEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND ALLEN ABSENT: 1 - COMMISSIONER REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 15 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.12 04-01180 ORDINANCE SECOND 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. DATE: NOVEMBER 18, 2004 MOVER: VICE CHAIRMAN GONZALEZ SECONDER: COMMISSIONER ALLEN VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND ALLEN ABSENT: 1 - COMMISSIONER REGALADO ACTION: PASSED ON FIRST READING City of Miami Page 16 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.13 04-01181 ORDINANCE SECOND 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. DATE: NOVEMBER 18, 2004 MOVER: VICE CHAIRMAN GONZALEZ SECONDER: COMMISSIONER ALLEN VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND ALLEN ABSENT: 1 - COMMISSIONER REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 17 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.14 04-01283 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING -- City Commission ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 11, SECTION 1102. NONCONFORMING LOTS, IN ORDER TO MODIFY LANGUAGE PERTAINING TO EXCEPTIONS TO THE DIVISION OF CONTIGUOUS NONCONFORMING LOTS UNDER THE SAME OWNERSHIP; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 3, 2004 by a vote of 7-0. PURPOSE: This will modify language pertaining to exceptions to the division of contiguous nonconforming lots under the same ownership. City ofMiami Page 18 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 The following items shall not be considered before 2:30 pm. PZ.15 04-01177 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 02-1065, PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE SOUTH BAYSHORE TOWER PROJECT LOCATED AT APPROXIMATELY 1300 BRICKELL BAY DRIVE, 1390 BRICKELL BAY DRIVE, 183 SOUTHEAST 14TH STREET, 171 SOUTHEAST 14TH STREET, AND 180 SOUTHEAST 13TH STREET, MIAMI, FLORIDA, TO ALLOW THE FOLLOWING CHANGES TO THE ORIGINAL APPLICATION: THE ADDITION OF 0.19 ACRES OF LAND WHICH IS ADJACENT TO THE APPROVED MUSP PROPERTY; INCREASED THE NUMBER OF RESIDENTIAL UNITS FROM 347 TO APPROXIMATELY 364 UNITS; DECREASED THE NUMBER OF PARKING SPACES FROM 516 TO APPROXIMATELY 501 SPACES; INCREASED THE FLOOR AREA FROM APPROXIMATELY 338,809 SQUARE FEET TO APPROXIMATELY 447,989 SQUARE FEET; AND APPROXIMATELY 10,000 SQUARE FEET OF RETAIL; INCREASED THE BULDING HEIGHT FROM 40 TO 47 STORIES; INCREASED THE RETAIL AREA FROM APPROXIMATELY 11,902 SQUARE FEET TO APPROXIMATELY 21,388 SQUARE FEET; REDUCTION OF THE PARKING PODIUM BY TWO FLOORS; APPROVAL OF A CLASS II SPECIAL PERMIT FOR THE REDUCTION IN SIZE OF ONE LOADING BAY FROM 12' X 55' TO 12' X 35'; EXTENSION OF THE MUSP EXPIRATION DATE TO SEPTEMBER 26, 2006; 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 Substantial Modification for the South Bayshore Tower Project LOCATION: Approximately 1300 Brickell Bay Drive, 1390 Brickell Bay Drive, 183 SE 14th Street, 171 SE 14th Street and 180 SE 13th Street APPLICANT(S): South Bayshore Tower, LLLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on July 21, 2004 by a vote of 3-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on October 6, 2004 by a vote of 8-0. ZONING BOARD: Recommended denial of a variance to City Commission on September 13, 2004 by a vote of 8-1, resulting in the withdrawal by the applicant of this request. See revised plans as part of backup. City ofMiami Page 19 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 *See supporting documentation. PURPOSE: This will allow a substantial modification to the South Bayshore Tower Project. City ofMiami Page 20 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.16 04-01267 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE LOFTS AT MAYFAIR PROJECT, TO BE LOCATED AT APPROXIMATELY 3317, 3327 & 3339 VIRGINIA STREET; 2954 & 2960 OAK STREET AND 2957 FLORIDA AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A 50-FOOT, 5-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 99 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 2,413 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 141 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 Lofts at Mayfair Project LOCATION: Approximately 3317, 3327 & 3339 Virginia Street; 2954 & 2960 Oak Street and 2957 Florida Avenue APPLICANT(S): Mayfair Lofts, LLC APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval to City Commission on June 16, 2004 by a vote of 7-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on October 20, 2004 by a vote of 5-0. *See supporting documentation. PURPOSE: This will allow the development of the Lofts at Mayfair Project. City ofMiami Page 21 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.17 04-00927a 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 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 DATE: NOVEMBER 18, 2004 MOVER: COMMISSIONER REGALADO SECONDER: COMMISSIONER ALLEN VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND ALLEN ACTION: PASSED ON FIRST READING City ofMiami Page 22 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.18 04-00927b ORDINANCE SECOND 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 DATE: NOVEMBER 18, 2004 MOVER: COMMISSIONER REGALADO SECONDER: VICE CHAIRMAN GONZALEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND ALLEN ACTION: PASSED ON FIRST READING City ofMiami Page 23 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.19 04-00927 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE URBANEA PROJECT, TO BE LOCATED AT APPROXIMATELY 1501-21 SOUTHWEST 37TH AVENUE, 3686-88 SOUTHWEST 15TH STREET, AND 3685-87 SOUTHWEST 16TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 150-FOOT, 14-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 100 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 6,500 SQ. FT. OF RETAIL, AND APPROXIMATELY 197 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 Urbanea Project LOCATION: Approximately 1501-21 SW 37th Avenue, 3686-88 SW 15th Street, and 3685-87 SW 16th Street APPLICANT(S): Napoleon & Eumelia Alvarez, David & Irene Mermelstein and Ignacio & Odilia Rios, Owners and Strategic Properties, Group, Inc., Contract Purchaser APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval to City Commission on May 19, 2004 by a vote of 4-1. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 22, 2004 by a vote of 7-1. ZONING BOARD: Recommended approval of variances to City Commission on July 26, 2004 by a vote of 9-0. See companion File ID 04-00927a and 04-00927b. *See supporting documentation. PURPOSE: This will allow the development of the Urbanea Project. City ofMiami Page 24 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.20 04-01284 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF APPROXIMATELY NORTHEAST 1ST COURT FROM NORTHEAST 31ST STREET TO 135 FEET SOUTH OF NORTHEAST 30TH STREET, NORTHEAST 30TH STREET FROM NORTHEAST 1ST COURT TO NORTHEAST 2ND AVENUE AND NORTHEAST 31ST STREET FROM NORTHEAST 2ND AVENUE TO THE FLORIDA EAST COAST RAILWAY, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1) THE PROPOSED SITE DEVELOPMENT SHALL INCLUDE A MINIMUM OF FIFTEEN PERCENT OF OPEN SPACE AND 2) THE APPLICANT SHALL DEDICATE AN EASEMENT MUTUALLY ACCEPTABLE TO THE APPLICANT AND THE CITY OF MIAMI PLANNING AND ZONING DEPARTMENT TO ACCOMMODATE A STREETCAR STOP AND PUBLIC ACCESS BETWEEN NORTHEAST 2ND AVENUE AND THE FLORIDA EAST COAST CORRIDOR IN SUBSTANTIAL CONFORMANCE WITH SECTION 55-1(c)(2) OF THE SUBDIVISION REGULATIONS. REQUEST: Official Vacation and Closure of a Public Right of Way LOCATION: Approximately NE 1st Court from NE 31st Street to 135 Feet South of NE 30th Street, NE 30th Street from NE 1st Court to NE 2nd Avenue and NE 31st Street from NE 2nd Avenue to the Florida East Coast Railway APPLICANT(S): Biscayne Venture, LLC and Casam 3110, LLC APPLICANT(S) AGENT: Gary Reshefsky, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Recommended approval with conditions* on October 7, 2004 by a vote of 6-0. ZONING BOARD: Recommended approval with conditions* to City Commission on November 8, 2004 by a vote of 5-0. *See supporting documentation. PURPOSE: This will allow a unified commercial development site. City ofMiami Page 25 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.21 04-01287 RESOLUTION A RESOLUTION, WITH ATTACHMENT(S), ADOPTING THE PROPOSED 2005 EVALUATION AND APPRAISAL REPORT (EAR) OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS REQUIRED BY CHAPTER 163, PART II, FLORIDA STATUTES AND CHAPTER 9J-5 FLORIDA ADMINISTRATIVE CODE; DIRECTING TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. REQUEST: To Adopt the Evaluation and Appraisal Report (EAR) APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on December 1, 2004. PURPOSE: This will adopt the Evaluation and Appraisal Report (EAR) of the Miami Comprehensive Neighborhood Plan. City ofMiami Page 26 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.22 04-00463 ORDINANCE SECOND READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING -- City Commission ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 BY AMENDING THE COASTAL MANAGEMENT, NATURAL RESOURCES AND CAPITAL IMPROVEMENT PROGRAM ELEMENTS OF THE MIAMI NEIGHBORHOOD COMPREHENSIVE PLAN IN ACCORDANCE WITH 1995 EVALUATION AND APPRAISAL REPORT RECOMMENDATIONS, AND FOR SUBMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AS CITY OF MIAMI COMPREHENSIVE PLAN AMENDMENT NO. 04-2; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 21, 2004 by a vote of 7-0. PURPOSE: This will approve an Evaluation and Appraisal Report (EAR) -based amendment to the Miami Comprehensive Neighborhood Plan. DATE: MAY 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER REGALADO VOTE: AYES: 3 - COMMISSIONER WINTON, REGALADO AND TEELE ABSENT: 2 - COMMISSIONER GONZALEZ AND SANCHEZ ACTION: PASSED ON FIRST READING City ofMiami Page 27 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.23 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. DATE: NOVEMBER 18, 2004 ACTION: CONTINUED City ofMiami Page 28 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.24 04-00674 ORDINANCE SECOND 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 DATE: NOVEMBER 18, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER ALLEN VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, REGALADO AND ALLEN ABSENT: 1 - COMMISSIONER SANCHEZ ACTION: PASSED ON FIRST READING WITH MODIFICATIONS DATE: NOVEMBER 18, 2004 ACTION: RECONSIDERED City ofMiami Page 29 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.25 04-00674a ORDINANCE SECOND 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 DATE: NOVEMBER 18, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER REGALADO VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND ALLEN ACTION: PASSED ON FIRST READING City ofMiami Page 30 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.26 04-01132 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 PROPERTY LOCATED AT APPROXIMATELY 1991 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" 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 "Duplex Residential" to "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1991 NW 27th Avenue APPLICANT(S): B&F Marine, Inc. APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. 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 04-01132a. PURPOSE: This will change the above property to General Commercial. City ofMiami Page 31 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.27 04-01132a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 25, 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-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1991 NORTHWEST 27TH 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 R-2 Two -Family Residential to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 1991 NW 27th Avenue APPLICANT(S): B&F Marine, Inc. APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on November 8, 2004 by a vote of 6-0. See companion File ID 04-01132. PURPOSE: This will change the above property to C-2 Liberal Commercial. City ofMiami Page 32 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.28 04-01178 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 PROPERTY LOCATED AT APPROXIMATELY 3155 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 3155 SW 22nd Terrace APPLICANT(S): Edwin J. and Elizabeth Caron, Owners APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on October 6, 2004 by a vote of 6-2. The Board also recommended to the City Commission by a vote of 8-0 that if they were to consider a covenant with the companion zoning request that such covenant should be accepted and should address the following: buffers, uses, design review and landscaping. See companion File ID 04-01178a. PURPOSE: This will change the above property to Restricted Commercial. City ofMiami Page 33 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.29 04-01178a ORDINANCE FIRST 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 PROPERTY LOCATED AT APPROXIMATELY 3155 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 3155 SW 22nd Terrace APPLICANT(S): Edwin J. and Elizabeth Caron, Owners APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on November 8, 2004 by a vote of 5-0. See companion File ID 04-01178. PURPOSE: This will change the above property to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District. City ofMiami Page 34 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.30 04-01279 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING -- City Commission ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 6 AND 8, IN ORDER TO ADD SECTION 628 VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT, IN ORDER TO MODIFY REGULATIONS FOR PROPERTIES WITHIN THE DISTRICT; REPEALING THE NCD-2 GRAND AVENUE CORRIDOR NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT FROM SECTION 802 AND ENACTING A NEW SECTION 802 PROVIDING FOR "CHARLES AVENUE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT"; EFFECT OF NCD-2 DISTRICT DESIGNATION AND CLASS II SPECIAL PERMIT IN SUCH DISTRICT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval (as modified) to City Commission on November 3, 2004 by a vote of 7-0. See companion File ID 04-01279a. PURPOSE: This will establish the SD-28 Village West Island Special Overlay District and establish a Neighborhood Conservation Overlay District on Grand Avenue. City ofMiami Page 35 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 PZ.31 04-01279a ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING PAGE -- City Commission NOS. 46 AND 47 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY: 1) ADDING THE SD-28 VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT TO ALL UNDERLYING ZONING CLASSIFICATIONS IN THE AREA GENERALLY BOUNDED BY BIRD ROAD AND US-1 ON THE NORTH; 32ND AVENUE ON THE EAST; FRANKLIN AVENUE (INCLUDING THE BLOCK SOUTH OF FRANKLIN BETWEEN HIBISCUS AND PLAZA STREET), AND CHARLES TERRACE ON THE SOUTH AND THE CITY LIMITS ON THE WEST (SEE COMPLETE LEGAL DESCRIPTIONS AND MAP OF EXACT PROPERTIES ATTACHED HERETO AS EXHIBITS A AND B AND MADE A PART THEREOF); MIAMI, FLORIDA; AND 2) MODIFYING THE BOUNDARIES OF THE NCD-2 CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT FROM GRAND AVENUE TO CHARLES AVENUE BY REMOVING THE NCD-2 OVERLAY ALONG ALL PROPERTIES LOCATED ALONG GRAND AVENUE AND FURTHER ADDING THE NCD-2 OVERLAY TO ALL PROPERTIES FRONTING CHARLES AVENUE FROM DOUGLAS ROAD TO MAIN HIGHWAY (SEE COMPLETE LEGAL DESCRIPTIONS AND MAP OF EXACT PROPERTIES ATTACHED HERETO AS EXHIBITS C AND D AND MADE A PART THEREOF) MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SERVERILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, 1) To Add the SD-28 Village West Island Special Overlay District to All Underlying Zoning Classifications and 2) To Modify the Boundaries of the NCD-2 Charles Avenue Neighborhood Conservation District, to Change the Zoning Atlas LOCATION: 1) The Area Generally Bounded by Bird Road and US-1 on the North; 32nd Avenue on the East; Franklin Avenue (Including the Block South of Franklin Between Hibiscus and Plaza Street), and Charles Terrace on the South and the City Limits on the West; and 2) The Area from Grand Avenue to Charles Avenue by Removing the NCD-2 Overlay Along All Properties Located Along Grand Avenue and Further Adding the NCD-2 Overlay to all Properties Fronting Charles Avenue from Douglas Road to Main Highway APPLICANT(S): Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 3, 2004 by a vote of 7-0. See companion File ID 04-01279. PURPOSE: This will change the above properties to 1) SD-28 Village West Island Special Overlay District and 2) modify the boundaries of the NCD-2 Charles Avenue Neighborhood Conservation District. City ofMiami Page 36 Printed on 8/31/2006 City Commission Meeting Agenda December 9, 2004 The following item shall not be considered before 5:00 pm. PZ.32 04-01207 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL BY THE PALM GROVE NEIGHBORHOOD ASSOCIATION AND ANDREW DICKMAN, ESQUIRE, AFFIRMING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS 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." DATE: NOVEMBER 18, 2004 ACTION: CONTINUED City ofMiami Page 37 Printed on 8/31/2006