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Home My WebLink AboutCC 2006-09-28 Marked AgendaCity of Miami Marked Agenda City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Linda M. Haskins, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, September 28, 2006 9:00 AM City Hall Commission Chambers CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.4 may be heard in the number sequence or as announced by the Commission M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS EM - EMERGENCY ORDINANCES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS The Planning and Zoning items shall not be considered before 10:00 am. City ofIliamr Page 1 Printed on 10 5, 2006 City Commission Marked Agenda September 28, 2006 Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gonzalez, Commissioner Haskins, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 28th day of September 2006, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Angel Gonzalez at 9:30 a.m., recessed at 12:37 p.m., reconvened at 2:46 p.m., recessed at 5:49 p.m., reconvened at 6:14 p.m., recessed at 6:16 p.m. to convene the Second Budget Hearing; reconvened the regular meeting at 8:41 p.m. and adjourned at 8:48 p.m. Note for the Record: Commissioner Spence -Jones entered at 9:32 a.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, CMC, City Clerk Pamela Burns, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 06-01705 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Firefighter Kent Padmore Mayor Diaz Commendation Florida Board of Nursing Board Members Commissioner Regalado Salute Staff Commissioner Regalado Salute Rick Garcia Commissioner Regalado City Plate Monty McCullough Commissioner Regalado Salute Cassandra Pasley Commissioner Regalado Salute 06-01705 Cover Page.pdf 06-01705 Protocol List.pdf Mayor Diaz presented a commendation to Firefighter Kent Padmore, U.S. Marine of the Year, for his demonstrated commitment to the principles of democracy, using resources, expertise, and talents as both Firefighter and Naval Officer to ensure an elevated quality of life for all people. Commissioner Regalado presented a salute to Enrique "Rick" Garcia on becoming the first Cuban -American president of the Florida Board of Nursing; further recognizing Monty McCullough, Cassandra Pasley, and staff members of the Florida Board of Nursing. MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) NO MAYORAL VETOES ORDER OF THE DAY City ofMiami Page 3 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 CONSENT AGENDA CA.1 06-01418 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Economic ATTACHMENT(S), EXPANDING THE BOUNDARIES OF THE CITY OF Development MIAMI DESIGNATED BROWNFIELD AREAS, TO INCLUDE THE AUGMENTED (01/01/06) ENTERPRISE ZONE AS ILLUSTRATED AND DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, IN ACCORDANCE WITH FLORIDA STATUTES SECTION 376.80(2)(A) OF THE BROWNFIELDS REDEVELOPMENT ACT, WHICH WILL FACILITATE THE ASSESSMENT, REHABILITATION AND REDEVELOPMENT OF PROPERTIES WITHIN THE BROWNFIELDS AREA THAT HAVE BEEN DETERMINED TO HAVE A CRITICAL NEED FOR REDEVELOPMENT; AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT OF SAID EXPANSION; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION, FOR SAID PURPOSES. 06-01418 Legislation .pdf 06-01418 Exhibit .pdf 06-01418 Exhibit 2 .pdf 06-01418 Exhibit 3 .pdf 06-01418 Summary Form.pdf 06-01418 Master Report .pdf 06-01418 Pre-Legislation.pdf 06-01418 Map .pdf 06-01418 Map 2.pdf 06-01418 Pre -Legislation 2 .pdf 06-01418 Pre -Legislation 3 .pdf R-06-0561 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones CA.2 06-01647 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO PURCHASE, IN ACCORDANCE WITH THE AGREEMENT DATED APRIL 1, 2004, BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF KEY BISCAYNE, ATTACHED, SECTION VIII, "RIGHT OF FIRST REFUSAL," TWO (2) RESCUE TRUCKS, FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $32,500 EACH, FOR City ofMiami Page 4 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 CA.3 06-01648 Department of Zoning CA.4 06-01649 Department of Purchasing A TOTAL AMOUNT OF $65,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311850.026132.4.193. 06-01647 Legislation .pdf 06-01647 Exhibit .pdf 06-01647 Summary Form.pdf 06-01647 Safety Approval Form.pdf 06-01647 Pre-Legislation.pdf 06-01647 Letter .pdf 06-01647 Letter 2 .pdf 06-01647 Pre -Legislation 2 .pdf 06-01647 Certified Copy.pdf R-06-0558 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE MAYOR AND THE CITY CLERK TO APPROVE THE RELEASE OF A UNITY OF TITLE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 119 SOUTHWEST 6TH AVENUE AND 574 SOUTHWEST 1ST STREET, MIAMI, FLORIDA. 06-01648 Legislation.pdf 06-01648 Exhibit .pdf 06-01648 Exhibit 2.pdf 06-01648 Exhibit 3.pdf 06-01648 Exhibit 4.pdf 06-01648 Summary Form.pdf R-06-0559 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JULY 24, 2006, PURSUANT TO INVITATION TO BID NO. 05-06-085, FROM PETROLEUM TECHNICAL SERVICES, INC., AS A SHORT TERM CONTRACT, FOR THE PURCHASE AND INSTALLATION OF ONE (1) 15,000 GALLON ABOVEGROUND FUEL TANK, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ("GSA"), AND THE REMOVAL OF THE EXISTING FUEL TANK AND PURCHASE AND INSTALLATION OF ONE (1) NEW 2000 GALLON ABOVEGROUND FUEL TANK, AT THE MARINE STADIUM MARINA, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $158,786; ALLOCATING FUNDS FOR THE GSA, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 311010.429301.6.830, JOB B-30365, AT AN AMOUNT NOT TO EXCEED $106,800, AND FOR PUBLIC FACILITIES (MARINAS), FROM CIP NO. 326015.359307.6.830, JOB B-30225, AT AN AMOUNT NOT TO EXCEED $51,986. City ofMiami Page 5 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 06-01649 Legislation.pdf 06-01649 Summary Form.pdf 06-01649 Award Recommendation Form.pdf 06-01649 Award Sheet.pdf 06-01649 Tabulation of Bids.pdf 06-01649 Bid Security List.pdf 06-01649 Bid Response Form.pdf 06-01649 Minority Affidavit.pdf 06-01649 Affirmitive Action Statement.pdf 06-01649 Office Location Affidavit.pdf 06-01649 Bid Response Checklist pdf.pdf 06-01649 Addendum No.1.pdf 06-01649 Occupational License Tax pdf.pdf R-06-0560 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: Linda Haskins SECONDED: Michelle Spence -Jones AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA City ofMiami Page 6 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ City ofMiami Page 7 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 DISTRICT 2 COMMISSIONER LINDA M. HASKINS DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 06-01665 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE SALARY AND BENEFITS TO BE RECEIVED BY INDEPENDENT AUDITOR GENERAL VICTOR I. IGWE. 06-01665 Legislation.pdf 06-01665 Exhibit.pdf DEFERRED Motion was made by Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, directing the Audit Committee of the City of Miami to provide an evaluation report on the Auditor General to the City Commission; further, to establish communication and appeal protocols and a system for regular internal review of the Auditor General, via the Audit Committee, to the City Commission every three years. Motion was made by Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to defer Item D3.1. City ofMiami Page 8 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 06-01289 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Attorney ARTICLE XI OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS," BY AMENDING CERTAIN SECTIONS RELATING TO THE OVERTOWN ADVISORY BOARD, ESTABLISHING THAT THE OVERTOWN ADVISORY BOARD SHALL HEREAFTER BE KNOWN AS THE OVERTOWN COMMUNITY OVERSIGHT BOARD; EXPANDING THE PURPOSE OF THE OVERTOWN COMMUNITY OVERSIGHT BOARD; AMENDING PROVISIONS RELATING TO MEMBERSHIP AND QUALIFICATIONS FOR MEMBERSHIP; SETTING FORTH PROCEDURES FOR ELECTION AND APPOINTMENT OF MEMBERS AND PROVIDING FOR THE APPOINTMENT OF YOUTH BOARD MEMBERS; AMENDING PROVISIONS RELATING TO THE TERMS OF OFFICE; PROVIDING FOR NECESSARY STAFFING; PROVIDING FOR "SUNSET" REVIEW BY AMENDING SECTION 2-892 OF THE CITY CODE; AND CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01289 Legislation SR .pdf 06-01289 Legislation FR .pdf 06-01289 Cover Memo SR .pdf MOVED: Joe Sanchez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones D5.2 06-01706 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AMENDING CHAPTERS 2 AND 12.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY AMENDING THE CHAPTERS ENTITLED "ADMINISTRATION" AND "COMMUNITY REVITALIZATION" WHICH CREATED THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("MODEL CITY TRUST"), PURSUANT TO ORDINANCE NO. 12082, ADOPTED JULY 10, 2001, BY REPEALING ALL SECTIONS RELATED TO THE MODEL CITY City ofMiami Page 9 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 TRUST, AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS ESTABLISHING THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST BY DESIGNATING THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST'S JURISDICTIONAL AUTHORITY AS A LIMITED AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI, SETTING FORTH THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST'S PURPOSE, POWERS AND DUTIES, INCLUDING BUT NOT LIMITED TO: TO SUE AND BE SUED, PLEAD AND IMPLEAD, CONTRACT AND BE CONTRACTED WITH; PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS; OATH, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, A PRESIDENT/CHIEF EXECUTIVE OFFICER AND STAFF, COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT; PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND DIVISION 2 TO CHAPTER 12.5, OF THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01706 Legislation SR.pdf 06-01706 Cover Memo SR.pdf 06-01706 Legislation FR.pdf 06-01706 Exhibit FR/SR .pdf MOVED: Michelle Spence -Jones SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones City ofMiami Page 10 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 ORDINANCE -EMERGENCY EM.1 06-01660 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, PROVIDING FOR THE WAIVER OF THE BUILDING PERMIT TRANSFER FEE, FOR A ONE-YEAR PERIOD BY THE BUILDING DIRECTOR UNDER CERTAIN CONDITIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01660 Legislation.pdf 06-01660 Summary Form.pdf 12836 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Haskins, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez City ofMiami Page 11 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 DI.1 06-01658 Civilian Investigative Panel DISCUSSION ITEM DISCUSSION ITEM DISCUSSION CONCERNING A PRESENTATION BY THE CIVILIAN INVESTIGATIVE PANEL REGARDING ITS FINDINGS AND RECOMMENDATIONS ARISING FROM AN INVESTIGATION INTO THE MIAMI POLICE DEPARTMENT'S PREPARATION FOR AND RESPONSE TO DEMONSTRATIONS DURING THE FREE TRADE AREA OF THE AMERICAS (FTAA) SUMMIT HELD IN MIAMI IN NOVEMBER 2003. 06-01658 Cover Memo.pdf 06-01658 Memo.pdf DEFERRED City ofMiami Page 12 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 PART B The following items shall not be considered before 10:00 am. PZ.1 06-00839v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING 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, TO ALLOWA REAR YARD SETBACK OF 3'6" WHERE 20'0" IS REQUIRED, AND TO ALLOW A SIDE YARD SETBACK OF 4'9" WHERE 5'0" IS REQUIRED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 5853 SOUTHWEST 5TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 06-00839v Analysis.pdf 06-00839v Zoning Map.pdf 06-00839v Aerial Map.pdf 06-00839vApplication & Supporting Docs.pdf 06-00839v Plans.pdf 06-00839v ZB Fact Sheet.pdf 06-00839v ZB Appeal Letter.PDF 06-00839v ZB Reso.PDF 06-00839v Code Enforcement Findings.pdf 06-00839v Application Page 4 Replacement.PDF 06-00839v Legislation (Version 3).pdf 06-00839v Exhibit A.pdf 06-00839v Legislation (Version 4).pdf 06-00839v Exhibit A.pdf 06-00839v CC Fact Sheet.pdf R-06-0562 MOVED: Tomas Regalado SECONDED: Linda Haskins Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Regalado and Spence -Jones ABSENT: Commissioner Sanchez PZ.2 06-00616v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A SIDE YARD SETBACK OF 3'8" WHERE 5'0" IS REQUIRED AND TO ALLOW A City ofMiami Page 13 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 REAR YARD SETBACK OF 2'3" WHERE 14'0" IS REQUIRED, AFTER APPLYING AN ALLEY CREDIT OF 6'0", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2150 SOUTHWEST 17TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 06-00616v Analysis.pdf 06-00616v Zoning Map.pdf 06-00616v Aerial Map.pdf 06-00616vApplication & Supporting Docs.pdf 06-00616v Plans.pdf 06-00616v ZB Fact Sheet.pdf 06-00616v ZB Reso.pdf 06-00616v ZB Appeal Letter.pdf 06-00616v Code Enforcement Findings.pdf 06-00616v Application Page 4 Replacement.pdf 06-00616v Legislation (Version 3).pdf 06-00616v Exhibit A.pdf 06-00616v Legislation (Version 4).pdf 06-00616v Exhibit A.pdf 06-00616v CC FR Fact Sheet.pdf R-06-0563 MOVED: Tomas Regalado SECONDED: Linda Haskins Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez and Regalado ABSENT: Commissioner Spence -Jones Direction by Chairman Gonzalez to the City Attorney and the City Administration to provide the City Commission with an analysis of existing ordinances and standards, and provide viable options to solve discrepancies involving these ordinance standards. PZ.3 06-00100 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY DENYING VARIANCES FROM 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 FRONT SETBACK OF 4'7" WHERE 10'0" IS REQUIRED, AND A SIDE STREET SETBACK OF 0'0" WHERE 7'6" IS REQUIRED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1800 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City ofMiami Page 14 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 06-00100 Legislation (Version 2).pdf 06-00100 Exhibit A.pdf 06-00100 Legislation (Version 3).pdf 06-00100 Exhibit A.pdf 06-00100 Zoning Board Appeal Letters.pdf 06-00100 Analysis.pdf 06-00100 Zoning Map.pdf 06-00100 Aerial Map.pdf 06-00100 ZB Reso.pdf 06-00100 ZB Transcript.pdf 06-00100 Application & Supporting Docs.pdf 06-00100 Plans.pdf 06-00100 Fact Sheet 03-23-06.pdf 06-00100 Fact Sheet 04-27-06.pdf 06-00100 E-mail.pdf 06-00100 Petition.pdf 06-00100 Photos.pdf 06-00100 Fact Sheet 09-28-06.pdf R-06-0564 MOVED: Joe Sanchez SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.4 06-00441za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DISMISSING OR REMANDING AN APPEAL BY OCTAVIO ROBLES WHEREIN HE REQUESTED THAT THE 180 DAY PERIOD PROVIDED IN SECTION 2105.4.1(a) OF ORDINANCE NO. 11000 BE STRICKEN OR IN THE ALTERNATIVE BE CONSIDERABLY EXTENDED TO REFLECT A REASONABLE PERIOD IN TODAY'S PERMITTING CLIMATE. APPELLANT(S): Octavio Robles FINDINGS: OFFICE OF ZONING: Recommended denial of the appeal and approval of the administrator's interpretation and decision. ZONING BOARD: Dismissed the appeal for failure to state any grounds upon which relief can be granted. PURPOSE: The approval of this appeal will reverse the decision of the Zoning Board and remand the appeal to the Zoning Board. City ofMiami Page 15 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 06-00441za Legislation (Version 2).pdf 06-00441za Legislation (Version 3).pdf 06-00441za Amended ZB Appeal Letter.pdf 06-00441za ZB Appeal Letter.pdf 06-00441za ZB Reso.pdf 06-00441za February 13, 2006 ZB Transcript.pdf 06-00441za Zoning Administrator Appeal Letter.pdf 06-00441za Fact Sheet 04-27-06.pdf 06-00441za Fact Sheet 06-22-06.pdf 06-00441za Fact Sheet 07-27-06.pdf 06-00441za Fact Sheet 09-28-06.pdf CONTINUED Motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to continue Item PZ.4 to the Planning & Zoning meeting currently scheduled for December 14, 2006. PZ.5 06-01065v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING OR GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 8, SECTION 803, SUBSECTION 803.3.6, ADDITIONAL LIMITATIONS AND REQUIREMENTS, TO ALLOW A REQUIRED FRONT YARD SETBACK FOR GARAGES WITH ACCESS OPENING TO THE STREET, TO ALLOW A FRONT YARD SETBACK OF 20'0" (40'0" REQUIRED) FOR THE PROPERTY LOCATED AT APPROXIMATELY 3672 ROYAL PALM AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT A." LOCATION: Approximately 3672 Royal Palm Avenue [Commissioner Linda M. Haskins - District 2] APPELLANT(S)/APPLICANT(S): Robert P. Gonzales and Anna Oleskiewicz, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the Variance. ZONING BOARD: Made a motion to approve, which failed (due to the failure to obtain the five affirmative votes) constituting a denial to City Commission on July 24, 2006 by a vote of 4-4. PURPOSE: The approval of this appeal will allow a garage addition to a single-family residence. City ofMiami Page 16 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 06-01065v Analysis.pdf 06-01065v Zoning Map.pdf 06-01065v Aerial Map.pdf 06-01065vApplication & Supporting Docs.pdf 06-01065v Plans.pdf 06-01065v ZB Fact Sheet.pdf 06-01065v ZB Appeal Letter.PDF 06-01065v ZB Reso.PDF 06-01065v Application Page 4 Replacement.pdf 06-01065v Legislation (Version 3).pdf 06-01065v Exhibit A.pdf 06-01065v Legislation (Version 4).pdf 06-01065v Exhibit A.pdf 06-01065v CC Fact Sheet.pdf DEFERRED Item PZ.5 was deferred to the Planning & Zoning meeting currently scheduled for October 26, 2006. PZ.6 06-00615Iu1 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 1701, 1801, 1825 AND 1851 DELAWARE PARKWAY, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL", "SINGLE FAMILY RESIDENTIAL" AND "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. LOCATION: Approximately 1701, 1801, 1825 and 1851 Delaware Parkway [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Simon Ferro, Esquire, on behalf of A+ Mini Storage Airport East, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 5, 2006 by a vote of 8-0. See companion File ID 06-00615zc1 and related File IDs 06-006151u2, 06-00615zc2 and 06-00615mu. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Miami River Rapids Major Use Special Permit. City ofMiami Page 17 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 06-006151u1 - PAB Fact Sheet.pdf 06-006151u1 - Analysis.pdf 06-006151u1 - Concurrency Report.pdf 06-006151u1 - Comp Plan Map.pdf 06-006151u1 - Zoning Map.pdf 06-006151u1 - Aerial Photo.pdf 06-006151u1 - PAB Legislation.pdf 06-006151u1 - Application Documents.pdf 06-006151u1 PAB Reso.PDF 06-006151u1 Revised School Impact Review Analysis.pdf 06-006151u1 CC Application & Supporting Docs.pdf 06-006151u1 CC Legislation (Version 2).pdf 06-006151u1 & 06-00615zc1 Exhibit A.pdf 06-006151u1 CC FR Fact Sheet.pdf 06-006151u1 CC SR Fact Sheet.pdf 12837 MOVED: Angel Gonzalez SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.7 06-00615zc1 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 26, 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-1" SINGLE FAMILY RESIDENTIAL, "0" OFFICE AND "C-2" LIBERAL COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1701, 1801, 1825 AND 1851 DELAWARE PARKWAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 18 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 LOCATION: Approximately 1701, 1801, 1825 and 1851 Delaware Parkway [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Simon Ferro, Esquire, on behalf of A+ Mini Storage Airport East, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on May 22, 2006 by a vote of 7-0. See companion File ID 06-006151u1 and related File IDs 06-006151u2, 06-00615zc2 and 06-00615mu. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Miami River Rapids Major Use Special Permit. 06-00615zc1 Analysis.pdf 06-00615zc1 Zoning Map.pdf 06-00615zc1 Aerial Map.pdf 06-00615zc1 Application & Supporting Docs.pdf 06-00615zc1 ZB Fact Sheet.pdf 06-00615zc ZB Reso.PDF 06-00615zc1 CC Legislation (Version 2).pdf 06-006151u1 & 06-00615zc1 Exhibit A.pdf 06-00615zc1 CC FR Fact Sheet.pdf 06-00615zc1 CC SR Fact Sheet.pdf 12838 MOVED: Angel Gonzalez SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.8 06-006151u2 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 1851 DELAWARE PARKWAY, MIAMI, FLORIDA, FROM "SINGLE FAMILY 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. City ofMiami Page 19 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 LOCATION: Approximately 1851 Delaware Parkway [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Simon Ferro, Esquire, on behalf of A+ Mini Storage Airport East, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 5, 2006 by a vote of 8-0. See companion File ID 06-00615zc2 and related File IDs 06-006151u1, 06-00615zc1 and 06-00615mu. PURPOSE: This will change the above property to General Commercial for the proposed Miami River Rapids Major Use Special Permit. 06-006151u2 - PAB Fact Sheet.pdf 06-006151u2 - Analysis.pdf 06-006151u2 - Concurrency Report.pdf 06-006151u2 - Comp Plan Map.pdf 06-006151u2 - Zoning Map.pdf 06-006151u2 - Aerial Photo.pdf 06-006151u2 - PAB Legislation.pdf 06-006151u2 - Application Documents.pdf 06-006151u2 PAB Reso.PDF 06-006151u2 Revised School Impact Review Analysis.pdf 06-006151u2 CC Application & Supporting Docs.pdf 06-006151u2 CC Legislation (Version 2).pdf 06-006151u2 & 06-00615zc2 CC Exhibit A.pdf 06-006151u2 CC FR Fact Sheet.pdf 06-006151u2 Application Page 3 Replacement.pdf 06-006151u2 CC SR Fact Sheet.pdf 12839 MOVED: Angel Gonzalez SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.9 06-00615zc2 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 26, 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-1" SINGLE-FAMILY RESIDENTIAL TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1851 DELAWARE PARKWAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A City ofMiami Page 20 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1851 Delaware Parkway [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Simon Ferro, Esquire, on behalf of A+ Mini Storage Airport East, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on May 22, 2006 by a vote of 5-2. See companion File ID 06-006151u2 and related File IDs 06-006151u1, 06-00615zc1 and 06-00615mu. PURPOSE: This will change the above property to C-2 Liberal Commercial for the proposed Miami River Rapids Major Use Special Permit. 06-00615zc2 Analysis.pdf 06-00615zc2 Zoning Map.pdf 06-00615zc2 Aerial Map.pdf 06-00615zc2 Application & Supporting Docs.pdf 06-00615zc2 ZB Fact Sheet.pdf 06-00615zc(a) ZB Reso.PDF 06-00615zc2 CC Legislation (Version 2).pdf 06-006151u2 & 06-00615zc2 CC Exhibit A.pdf 06-00615zc2 CC FR Fact Sheet.pdf 06-00615zc2 Application Page 3 Replacement.pdf 06-00615zc2 CC SR Fact Sheet.pdf 12840 MOVED: Angel Gonzalez SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.10 06-00615mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE MIAMI RIVER RAPIDS PROJECT, TO BE LOCATED AT 1701, 1801, 1825 AND 1851 DELAWARE PARKWAY AND 2990 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, TO CONSTRUCT A FOUR -BUILDING MIXED -USE DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 115 FEET TO 143 FEET TO BE COMPRISED OF APPROXIMATELY 1,590 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; City ofMiami Page 21 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 APPROXIMATELY 65,852 SQUARE FEET OF RETAIL AND RESTAURANT SPACE; AND APPROXIMATELY 2,200 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; 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. LOCATION: Approximately 1701, 1801, 1825 and 1851 Delaware Parkway and 2990 NW South River Drive [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Simon Ferro, Esquire, on behalf of A+ Mini Storage Airport East, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a Certificate of Appropriateness to City Commission on April 5, 2005 by a vote of 8-0. MIAMI RIVER COMMISSION: Unanimously passed a motion finding the project to be consistent with the Miami River Corridor Urban Infll Plan, subject to conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on July 5, 2006 by a vote of 8-0. ZONING BOARD: Recommended approval with conditions* of a Special Exception to City Commission on May 22, 2006 by a vote of 7-0. See companion File IDs 06-006151u1, 06-00615zc1, 06-006151u2 and 06-00615zc2. *See supporting documentation. PURPOSE: This will allow the development of the Miami River Rapids project. City ofMiami Page 22 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 06-00615mu - PAB Fact Sheet.pdf 06-00615mu - Analysis.pdf 06-00615mu - Zoning Map.pdf 06-00615mu - Aerial Photo.pdf 06-00615mu - Miami River Commission Minutes (6.5.06).pdf 06-00615mu - Traffic Sufficiency Letter (3.27.06).pdf 06-00615mu - IDRC Comments (1.18.06).pdf 06-00615mu - UDRB Resolution (1.18.06).pdf 06-00615mu - Aviation Comments (12.2.05).pdf 06-00615mu - School Board Comments (10.20.05).pdf 06-00615mu - Aviation Comments with Map (10.12.05).pdf 06-00615mu - Public Works Comments (10.5.05).pdf 06-00615mu - Miami River Commission Minutes (6.14.05).pdf 06-00615mu - HEPB Resolution (4.5.05).pdf 06-00615mu - PAB Legislation.pdf 06-00615mu - PAB Exhibit A (Legal Description).pdf 06-00615mu - PAB Exhibit B (Zoning Data Table).pdf 06-00615mu PAB Reso.PDF 06-00615mu - PAB Legislation (Revised).pdf 06-00615mu - Analysis (Revised).pdf 06-00615mu - Front Cover.PDF 06-00615mu - Inside Cover.PDF 06-00615mu - Table of Contents I to III.PDF 06-00615mu - I Project Information (A to I).PDF 06-00615mu - A Letter of Intent.PDF 06-00615mu - B MUSP Application -Rezoning -Land Use Applications -Variance an( 06-00615mu - C Zoning Write-Up.PDF 06-00615mu - D Zoning Atlas.PDF 06-00615mu - E Project Data Sheet.PDF 06-00615mu - F Deed Tax Printout.PDF 06-00615mu - G Ownership List.PDF 06-00615mu - H State of Florida Documents.PDF 06-00615mu - I Directory of Project Principals.PDF 06-00615mu - II Project Description (A -Zoning Ordinance No. 11000).PDF 06-00615mu - III Supporting Documents (Tab 1 to Tab 6).PDF 06-00615mu - Tab 1 Minority Construction Employment Plan.PDF 06-00615mu - Tab 2 Sufficiency Letter -Traffic Impact Analysis(Appendices A-B).P 06-00615mu - Tab 2 Traffic Impact Analysis(Appendices C to I).PDF 06-00615mu - Tab 3 Site Utility Study.PDF 06-00615mu - Tab 4 Economic Impact Study.PDF 06-00615mu - Tab 5 Survey of Property.PDF 06-00615mu - Tab 6 Drawings Submitted.PDF 06-00615mu CC Special Exception Fact Sheet.pdf 06-00615mu CC Special Exception Analysis.pdf 06-00615mu ZB Reso.pdf 06-00615mu Revised School Board Analysis.pdf 06-00615mu CC Legislation (Version 2).pdf 06-00615mu CC Exhibit A.pdf 06-00615mu CC Exhibit B.pdf 06-00615mu CC MUSP Fact Sheet.pdf R-06-0566 MOVED: Angel Gonzalez City ofMiami Page 23 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.11 05-00652 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 3690 SOUTHWEST 23RD 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. LOCATION: Approximately 3690 SW 23rd Terrace [Commissioner Tomas Regalado - District 4] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Cinco M's Corporation and Rincon Argentino, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 29, 2005 by a vote of 5-2. See companion File ID 05-00652a. PURPOSE: This will change the above property to Restricted Commercial. 05-00652 Legislation.pdf 05-00652 Analysis.pdf 05-00652 Land Use Map.pdf 05-00652 & 05-00652a Aerial Map.pdf 05-00652 School Impact Analysis.pdf 05-00652 PAB Reso.pdf 05-00652 Application & Supporting Docs.pdf 05-00652 FR Fact Sheet 11-17-05.pdf 05-00652 FR Fact Sheet 12-01-05.pdf 05-00652 FR Fact Sheet 04-27-05.pdf 05-00652 Submittal.pdf 05-00652 FR Fact Sheet 06-22-05.pdf 05-00652 FR Fact Sheet 07-27-05.pdf 05-00652 Submittal Declaration of Restrictions.pdf 05-00652 Submittal Presentation.pdf 05-00652 SR Fact Sheet.pdf 12841 MOVED: Tomas Regalado City ofMiami Page 24 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 SECONDED: Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.12 05-00652a 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, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3690 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3690 SW 23rd Terrace [Commissioner Tomas Regalado - District 4] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Cinco M's Corporation and Rincon Argentino, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 25, 2005 by a vote of 7-0. See companion File ID 05-00652. PURPOSE: This will change the above property to C-1 Restricted Commercial. 05-00652a Legislation.pdf 05-00652a Exhibit A.PDF 05-00652a Analysis.pdf 05-00652a Zoning Map.pdf 05-00652 & 05-00652a Aerial Map.pdf 05-00652a ZB Reso.pdf 05-00652a Application & Supporting Docs.pdf 05-00652a FR Fact Sheet 11-17-05.pdf 05-00652a FR Fact Sheet 12-01-05.pdf 05-00652a FR Fact Sheet 04-27-06.pdf 05-00652a FR Fact Sheet 06-22-06.pdf 05-00652a FR Fact Sheet 07-27-06.pdf 05-00652a Submittal Declaration of Restrictions.pdf 05-00652a Submittal Presentation.pdf 05-00652a SR Fact Sheet.pdf 12842 MOVED: Tomas Regalado City ofMiami Page 25 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 SECONDED: Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.13 05-01536 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 1200 NORTHWEST 1ST AVENUE AND 115 NORTHWEST 12TH 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. LOCATION: Approximately 1200 NW 1st Avenue and 115 NW 12th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Royal Palm Miami Downtown, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 21, 2005 by a vote of 5-2. See companion File ID 05-01536a and related File IDs 05-01536b, 05-01536c, 06-003571u and 06-00357zc. PURPOSE: This will change the above properties to Restricted Commercial. 05-01536 Legislation.pdf 05-01536 & 05-01536a Exhibit A.pdf 05-01536 Analysis.pdf 05-01536 Land Use Map.pdf 05-01536 & 05-01536a Aerial Map.pdf 05-01536 School Impcat Review Analysis.pdf 05-01536 PAB Reso.pdf 05-01536 Application & Supporting Docs.pdf 05-01536 FR Fact Sheet.pdf 05-01536 Submittal Letters.pdf 05-01536 Submittal Sect. 163.335 FL. Statutes.pdf 05-01536 Application Page 4 Replacement.pdf 05-01536 SR Fact Sheet.pdf 12843 MOVED: Michelle Spence -Jones City ofMiami Page 26 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 SECONDED: Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.14 05-01536a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, 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 "SD-16.1" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1200 NORTHWEST 1ST AVENUE AND 115 NORTHWEST 12TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1200 NW 1st Avenue and 115 NW 12th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Royal Palm Miami Downtown, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 23, 2006 by a vote of 8-0. See companion File ID 05-01536 and related File IDs 05-01536b, 05-01536c, 06-003571u and 06-00357zc. PURPOSE: This will change the above properties to SD-16.1 Southeast Overtown-Park West Commercial -Residential District. 05-01536a Legislation.pdf 05-01536 & 05-01536a Exhibit A.pdf 05-01536a Analysis.pdf 05-01536a Zoning Map.pdf 05-01536 & 05-01536a Aerial Map.pdf 05-01536a ZB Reso.pdf 05-01536a Application & Supporting Docs.pdf 05-01536a FR Fact Sheet.pdf 05-01536a Submittal Sect. 163.335 FL. Statutes.pdf 05-01536a Application Pages 3 & 4 Replacement.pdf 05-01536a SR Fact Sheet.pdf 12844 MOVED: Michelle Spence -Jones City ofMiami Page 27 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 SECONDED: Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.15 05-01536b ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 1129, 1135, 1145, 1151 & 1159 NORTHWEST 1ST COURT, 1150 NORTHWEST 1ST AVENUE, 100 NORTHWEST 12TH STREET AND 105 & 113 NORTHWEST 11TH TERRACE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1129, 1135, 1145, 1151 & 1159 NW 1st Court, 1150 NW 1st Avenue, 100 NW 12th Street and 105 & 113 NW 11th Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Royal Palm Miami Downtown, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 21, 2005 by a vote of 5-2. See companion File ID 05-01536c and related File IDs 05-01536, 05-01536a, 06-003571u and 06-00357zc. PURPOSE: This will change the above properties to Restricted Commercial. 05-01536b Legislation.pdf 05-01536b & 05-01536c Exhibit A.pdf 05-01536b Analysis.pdf 05-01536b Land Use Map.pdf 05-01536b & 05-01536c Aerial Map.pdf 05-01536b School Impact Review Analysis.pdf 05-01536b PAB Reso.pdf 05-01536b Application & Supporting Docs.pdf 05-01536b FR Fact Sheet.pdf 05-01536b Submittal Sect. 163.335 FL. Statutes.pdf 05-01536b Application Page 4 Replacement.pdf 05-01536b SR Fact Sheet.pdf 12845 MOVED: Michelle Spence -Jones City ofMiami Page 28 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 SECONDED: Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez and Spence -Jones ABSENT: Commissioner Haskins and Regalado PZ.16 05-01536c ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, 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 "SD-16.1" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1129, 1135, 1145, 1151 AND 1159 NORTHWEST 1ST COURT, 1150 NORTHWEST 1ST AVENUE, 100 NORTHWEST 12TH STREET, AND 105 AND 113 NORTHWEST 11TH TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1129, 1135, 1145, 1151 and 1159 NW 1st Court, 1150 NW 1st Avenue, 100 NW 12th Street, and 105 and 113 NW 11th Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Royal Palm Miami Downtown, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended of approval to City Commission on January 23, 2006 by a vote of 8-0. See companion File ID 05-01536b and related File IDs 05-01536, 05-01536a, 06-003571u and 06-00357zc. PURPOSE: This will change the above properties to SD-16.1 Southeast Overtown-Park West Commercial -Residential District. 05-01536c Legislation.pdf 05-01536b & 05-01536c Exhibit A.pdf 05-01536c Analysis.pdf 05-01536c Zoning Map.pdf 05-01536b & 05-01536c Aerial Map.pdf 05-01536c ZB Reso.pdf 05-01536c Application & Supporting Docs.pdf 05-01536c FR Fact Sheet.pdf 05-01536c Submittal Sect. 163.335 FL. Statutes.pdf 05-01536c Application Pages 3 & 4 Replacement.pdf 05-01536c SR Fact Sheet.pdf City ofMiami Page 29 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 12846 MOVED: Michelle Spence -Jones SECONDED: Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.17 06-00357Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 APPROXIMATE 0.12± ACRES OF PROPERTIES LOCATED AT APPROXIMATELY 1000, 1012 AND 1022 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FROM "HIGH 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. LOCATION: Approximately 1000, 1012 and 1022 NW 1st Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Lucia A. Dougherty, on behalf of Royal Palm Miami Downtown, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 17, 2006 by a vote of 8-0. See companion File ID 06-00357zc and related File IDs 05-01536, 05-01536a, 05-01536b and 05-01536c. PURPOSE: This will change the above properties to Restricted Commercial. 06-003571u - PAB Fact Sheet (Revised).pdf 06-003571u - Analysis (Revised).pdf 06-003571u - Concurrency Report (Revised).pdf 06-003571u - Comp Plan Map (Revised).pdf 06-003571u - Zoning Map (OId).pdf 06-003571u - Aerial Photo (Revised).pdf 06-003571u - PAB Legislation (Revised).pdf 06-003571u - Application Documents (Revised).pdf 06-003571u PAB Reso.pdf 06-003571u CC Legislation (Version 2).pdf 06-003571u CC Exhibit A.pdf 06-003571u CC FR Fact Sheet.pdf 06-003571u Submittal Sect. 163.335 FL. Statutes.pdf 06-003571u CC SR Fact Sheet.pdf City ofMiami Page 30 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 12847 MOVED: Michelle Spence -Jones SECONDED: Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.18 06-00357zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, 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-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO "SD-16" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1022 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1022 NW 1st Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Royal Palm Miami Downtown, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 26, 2006 by a vote of 7-1. See companion File ID 06-003571u and related File IDs 05-01536, 05-01536a, 05-01536b and 05-01536c. PURPOSE: This will change the above property to SD-16 Southeast Overtown-Park West Commercial -Residential District. 06-00357zc Analysis.pdf 06-00357zc ZB Zoning Map.pdf 06-00357zc CC Zoning Map.pdf 06-00357zc ZB Aerial Map.pdf 06-00357zc CC Aerial Map.pdf 06-00357zc Application & Supporting Docs.pdf 06-00357zc ZB Fact Sheet.pdf 06-00357zc ZB Reso.pdf 06-00357zc Legislation (Version 2).pdf 06-00357zc CC Exhibit A.pdf 06-00357zc CC FR Fact Sheet.pdf 06-00357zc Submittal Sect. 163.335 FL. Statutes.pdf 06-00357zc CC SR Fact Sheet.pdf City ofMiami Page 31 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 12848 MOVED: Michelle Spence -Jones SECONDED: Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.19 06-00618Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 800, 810, 816 AND 826 SOUTHWEST 7TH STREET AND 720 SOUTHWEST 8TH AVENUE, 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. LOCATION: Approximately 800, 810, 816 and 826 SW 7th Street and 720 SW 8th Avenue [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of 3 BroAmigo, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 17, 2006 by a vote of 8-0. See companion File ID 06-00618zc. PURPOSE: This will change the above properties to Restricted Commercial. 06-006181u - PAB Fact Sheet.pdf 06-006181u - Analysis.pdf 06-006181u - Concurrency Report.pdf 06-006181u - Comp Plan Map.pdf 06-006181u - Zoning Map.pdf 06-006181u - Aerial Photo.pdf 06-006181u - PAB Legislation.pdf 06-006181u - PAB Application Documents.pdf 06-006181u PAB Reso.pdf 06-006181u CC Application & Supporting Docs.pdf 06-006181u CC Legislation (Version 2).pdf 06-006181u & 06-00618zc CC Exhibit A.pdf 06-006181u CC FR Fact Sheet.pdf 06-006181u CC SR Fact Sheet.pdf City ofMiami Page 32 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 12849 MOVED: Joe Sanchez SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez and Regalado ABSENT: Commissioner Haskins and Spence -Jones PZ.20 06-00618zc ORDINANCE 12850 Second 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 "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-25" SOUTHWEST 8TH STREET SPECIAL OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 720 SOUTHWEST 8TH AVENUE AND 800, 810, 816 AND 826 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 720 SW 8th Avenue and 800, 810, 816 and 826 SW 7th Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of 3 BroAmigo, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 26, 2006 by a vote of 8-0. See companion File ID 06-006181u. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-25 SW 8th Street Special Overlay District. 06-00618zc Analysis.pdf 06-00618zc Zoning Map.pdf 06-00618zc Aerial Map.pdf 06-00618zc Application & Supporting Docs.pdf 06-00618zc ZB Fact Sheet.pdf 06-00618zc ZB Reso.pdf 06-00618zc CC Application & Supporting Docs.pdf 06-00618zc CC Legislation (Version 2).pdf 06-006181u & 06-00618zc CC Exhibit A.pdf 06-00618zc CC FR Fact Sheet.pdf 06-00618zc CC SR Fact Sheet.pdf City ofMiami Page 33 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 MOVED: Joe Sanchez SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez and Regalado ABSENT: Commissioner Haskins and Spence -Jones PZ.21 06-00261 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35, OF THE CODE OF THE CITY OF MIAMI, ENTITLED "MOTOR VEHICLES AND TRAFFIC", BY AMENDING ARTICLE V, IN ORDER TO MODIFY THE REQUIREMENTS FOR THE PARKING TRUST FUND IN THE SD-2 SPECIAL ZONING DISTRICT AS SPECIFIED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; AND TO INTRODUCE A PARKING TRUST FUND SECTION FOR THE SD-8 SPECIAL ZONING DISTRICT AS SPECIFIED IN ORDINANCE NO. 11000, AS AMENDED THE ZONING ORDINANCE OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend the Miami City Code APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 15, 2006 by a vote of 6-0. PURPOSE: This will amend the Miami City Code in order to modify the requirements for parking in the SD-8 special zoning district. NOTE: The Planning Department recommended substantial changes; therefore, this item returns to First Reading. 06-00261 Legislation (Version 1).pdf 06-00261 PAB Reso.pdf 06-00261 FR Fact Sheet 03-23-06.pdf 06-00261 SR Fact Sheet 04-27-06.pdf 06-00261 Legislation (Version 2).pdf 06-00261 FR Fact Sheet 06-22-06.pdf 06-00261 SR Fact Sheet 07-27-06.pdf 06-00261 SR Fact Sheet 09-28-06.pdf 12851 MOVED: Tomas Regalado SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 34 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones PZ.22 06-00261a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 608.10, IN ORDER TO MODIFY THE REQUIREMENTS FOR PARKING IN THE SD-8 SPECIAL ZONING DISTRICT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 15, 2006 by a vote of 6-0. See related File ID 06-00261. PURPOSE: This will amend the Zoning Ordinance in order to modify the requirements for parking in the SD-8 special zoning district. NOTE: The Planning Department recommended substantial changes to the related File ID 06-00261. 06-00261a Legislation.pdf 06-00261a PAB Reso.pdf 06-00261a FR Fact Sheet.pdf 06-00261a SR Fact Sheet 04-27-06.pdf 06-00261a SR Fact Sheet 07-27-06.pdf 06-00261a SR Fact Sheet 09-28-06.pdf 12853 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones PZ.23 06-01209zt1 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE III/ SECTION 62-63 ENTITLED "ZONING AND PLANNING/PLANNING ADVISORY BOARD/PROCEEDINGS," TO CHANGE THE VOTING REQUIREMENT FOR PLANNING ADVISORY BOARD RECOMMENDATIONS FOR APPROVAL OF COMPREHENSIVE PLAN ADOPTION, AMENDMENT, MAJOR USE SPECIAL PERMITS OR OTHER MATTERS LISTED IN SAID SECTION, FROM FIVE MEMBERS TO A MAJORITY OF THE MEMBERS PRESENT; CONTAINING A REPEALER PROVISION, PROVIDING FOR A SEVERABILITY CLAUSE City ofMiami Page 35 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Discussed on July 19, 2006. PURPOSE: This will eliminate the requirement of obtaining five affirmative votes for the passage of any item presented to the Planning Advisory Board. 06-01209zt1 - PAB Fact Sheet.pdf 06-01209zt1 - PAB Legislation.pdf 06-01209zt1 CC Legislation (Version 2) OLD.pdf 06-01209zt1 CC FR Fact Sheet.pdf 06-01209zt1 CC Legislation (Version 2) NEW.PDF 06-01209zt1 CC SR Fact Sheet.pdf 12852 MOVED: Joe Sanchez SECONDED: Linda Haskins Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins and Sanchez NOES: Commissioner Regalado and Spence -Jones PZ.24 06-01209zt2 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ ARTICLE IV/ SECTION 62-93, ENTITLED "ZONING AND PLANNING/ZONING BOARD/PROCEEDINGS," TO ELIMINATE THE REQUIREMENT OF OBTAINING FIVE AFFIRMATIVE VOTES FOR THE PASSAGE OF ANY ITEM PRESENTED TO THE ZONING BOARD; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Discussed on July 19, 2006. PURPOSE: This will eliminate the requirement of obtaining five affirmative votes for the passage of any item presented to the Zoning Board. City ofMiami Page 36 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 06-01209zt2 - PAB Fact Sheet.pdf 06-01209zt2 - PAB Legislation.pdf 06-01209zt2 CC Legislation (Version 2).pdf 06-01209zt2 CC FR Fact Sheet.pdf 06-01209zt2 CC SR Fact Sheet.pdf 12854 MOVED: Joe Sanchez SECONDED: Linda Haskins Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins and Sanchez NOES: Commissioner Regalado and Spence -Jones PZ.25 06-00846Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 10 AND 20 NORTHWEST 32ND COURT, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 10 and 20 NW 32nd Court [Commissioner Tomas Regalado - District 4] APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of Floridean Realty, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 21, 2006 by a vote of 7-0. See companion File ID 06-00846zc. PURPOSE: This will change the above properties to Medium -Density Multifamily Residential. City ofMiami Page 37 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 06-008461u - PAB Fact Sheet.pdf 06-008461u - Analysis.pdf 06-008461u - Concurrency Report.pdf 06-008461u - Comp Plan Map.pdf 06-008461u - Zoning Map.pdf 06-008461u - Aerial Photo.pdf 06-008461u - PAB Legislation.pdf 06-008461u - Application Documents.pdf 06-008461u - Analysis (Revised).pdf 06-008461u - Concurrency Report (Revised).pdf 06-008461u PAB Reso.PDF 06-008461u CC Application Pages 3, 4 & 5 Replacement.pdf 06-008461u CC Legislation (Version 2).pdf 06-008461u & 06-00845zc CC Exhibit A.pdf 06-008461u CC FR Fact Sheet.pdf MOVED: Tomas Regalado SECONDED: Joe Sanchez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.26 06-00846zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33, 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 "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10 AND 20 NORTHWEST 32ND COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 10 and 20 NW 32nd Court [Commissioner Tomas Regalado - District 4] APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of Floridean Realty, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on July 10, 2006 by a vote of 7-0. See companion File ID 06-008461u. PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential. City ofMiami Page 38 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 06-00846zc Analysis.pdf 06-00846zc Zoning Map.pdf 06-00846zc Aerial Map.pdf 06-00846zc Application & Supporting Docs.pdf 06-00846zc ZB Fact Sheet.pdf 06-00846zc ZB Reso.pdf 06-00846zc CC Application Pages 3, 4 & 5 Replacement.pdf 06-00846zc CC Legislation (Version 2).pdf 06-008461u & 06-00845zc CC Exhibit A.pdf 06-00846zc CC FR Fact Sheet.pdf MOVED: Tomas Regalado SECONDED: Joe Sanchez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Haskins PZ.27 06-01019Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 726 NORTHWEST 32ND PLACE AND 725 & 733 NORTHWEST 33RD AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 726 NW 32nd Place and 725 and 733 NW 33rd Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Dimar and Brothers, LLC and Santiago D. Hernandez, Owners FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 6, 2006 by a vote of 6-0. See companion File ID 06-01019zc. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Loftika Major Use Special Permit. City ofMiami Page 39 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 06-010191u - PAB Fact Sheet.pdf 06-010191u - Analysis.pdf 06-010191u - Concurrency Report.pdf 06-010191u - PAB Comp Plan Map.pdf 06-010191u - PAB Zoning Map.pdf 06-010191u - PAB Aerial Photo.pdf 06-010191u - PAB Legislation.pdf 06-010191u - Application Documents.pdf 06-010191u PAB Reso.PDF 06-010191u & 06-01019zc CC Aerial Map.pdf 06-010191u CC Land Use Map.pdf 06-010191u CC Legislation (Version 2).pdf 06-010191u & 06-01019zc CC Exhibit A.pdf 06-010191u CC FR Fact Sheet.pdf MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones PZ.28 06-01019zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING PAGE NO. 26, 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 726 NORTHWEST 32ND PLACE AND 725 AND 733 NORTHWEST 33RD AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 726 NW 32nd Place and 725 & 733 NW 33rd Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Dimar and Brothers, LLC and Santiago D. Hernandez, Owners FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on July 10, 2006 by a vote of 5-2. See companion File ID 06-010191u. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Loftika Major Use Special Permit. City ofMiami Page 40 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 06-01 019zc Analysis.pdf 06-01 019zc Application & Supporting Docs.pdf 06-01 019zc ZB Fact Sheet.pdf 06-01019zc ZB Reso.PDF 06-01 019zc Zoning Map.pdf 06-010191u & 06-01019zc Aerial Map.pdf 06-01 019zc CC Application Page 2 Replacement.pdf 06-01 019zc CC Legislation (Version 2).pdf 06-010191u & 06-01019zc CC Exhibit A.pdf 06-01 019zc CC FR Fact Sheet.pdf MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones PZ.29 06-01026zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 9, 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 "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 580-582 NORTHEAST 71ST STREET AND 7000 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 580-582 NE 71st Street and 7000 Biscayne Boulevard [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of TNA Palms, Inc. and Wilbert Romano, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on July 10, 2006 by a vote of 7-1. PURPOSE: This will change the above properties to R-2 Two -Family Residential with an SD-12 Buffer Overlay District. City ofMiami Page 41 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 06-01026zc Analysis.pdf 06-01026zc Zoning Map.pdf 06-01026zc Aerial Map.pdf 06-01026zc Letter of Intent.pdf 06-01026zc Application & Supporting Docs.pdf 06-01026zc ZB Fact Sheet.pdf 06-01026zc ZB Reso.PDF 06-01026zc CC Application Page 2 Replacement.pdf 06-01026zc CC Legislation (Version 2).pdf 06-01026zc CC Exhibit A.pdf 06-01026zc CC FR Fact Sheet.pdf DEFERRED Item PZ.29 was deferred to the Planning & Zoning meeting currently scheduled for October 26, 2006. PZ.30 03-0094xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES OF PR PARKS, RECREATION AND OPEN SPACE, TO ALLOW THE CONSTRUCTION OF A LIBRARY IN "PR" PARKS, RECREATION AND OPEN SPACE DISTRICTS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3255 PLAZA STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." LOCATION: Approximately 3255 Plaza Street [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City Commission on June 12, 2006 by a vote of 5-2. *See supporting documentation. PURPOSE: This will allow a library in Virrick Park. City ofMiami Page 42 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 03-0094xc Analysis.pdf 03-0094xc Zoning Map.pdf 03-0094xc Aerial Map.pdf 03-0094xc Application & Supporting Docs.pdf 03-0094xc Plans.pdf 03-0094xc ZB Fact Sheet.pdf 03-0094xc ZB Reso.pdf 03-0094xc CC Application Page 3 Replacement.pdf 03-0094xc CC Zoning Write Up (Plans) Page 1 Replacement.pdf 03-0094xc CC Legislation (Version 2).pdf 03-0094xc CC Exhibit A.pdf 03-0094xc CC Fact Sheet.pdf DEFERRED Item PZ.30 was deferred to the Planning & Zoning meeting currently scheduled for October 26, 2006. PZ.31 06-00428zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 9, SECTION 910 OF THE ZONING ORDINANCE, IN ORDER TO ALLOW FOR COVENANT IN LIEU OF UNITY OF TITLE AGREEMENTS FOR PROJECTS WITHIN PROPERTIES ZONED R-2 THAT ARE APPROVED PURSUANT TO ARTICLE 5, PLANNED UNIT DEVELOPMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 19, 2006 by a vote of 7-0. PURPOSE: This will allow a Covenant in Lieu of Unity of Title agreements for projects with R-2 zoning districts that are approved as a Planned Unit Development. 06-00428zt - PAB Fact Sheet.pdf 06-00428zt - PAB Legislation.pdf 06-00428zt PAB Reso.PDF 06-00428zt CC Legislation (Version 2).pdf 06-00428zt CC FR Fact Sheet.pdf DEFERRED Item PZ.31 was deferred to the Planning & Zoning meeting currently scheduled for October 26, 2006. PZ.32 06-01045zt ORDINANCE First Reading AN ORDINANCE OF THE CITY COMMISSION AMENDING ARTICLE NO. 8.1 ENTITLED, "TREE PROTECTION" OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; CONTAINING ADDED DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, City ofMiami Page 43 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE REPLACEMENT AND PROTECTION, APPEAL CRITERIA AND FINES, CONTINUED ENFORCEMENT, PENALTIES AND REMEDIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommend approval to City Commission on July 19, 2006 by a vote of 9-0. PURPOSE: This will add and amend certain criteria in Article 8.1 of the Zoning Ordinance entitled, "Tree Protection." 06-01045zt - PAB Fact Sheet.pdf 06-01045zt - PAB Legislation.pdf 06-01045zt PAB Reso.PDF 06-01045zt CC Legislation (Version 2).pdf 06-01045zt CC FR Fact Sheet.pdf DEFERRED PZ.33 06-01623zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE I, TITLED "IN GENERAL" MORE PARTICULARLY, CHAPTER 4, TITLED "ALCOHOLIC BEVERAGES" SECTION 4-11, "EXCEPTIONS TO DISTANCE REQUIREMENTS" TO: 1) ALLOW AN ADDITIONAL ALCOHOLIC BEVERAGE ESTABLISHMENT WITHIN MIXED -USE PROJECTS OF OVER 300 DWELLING UNITS WITHIN THE DOWNTOWN AREA; 2) CREATE A CULTURAL SPECIALTY DISTRICT ALONG SW 8TH STREET, FROM SW 12TH TO SW 17TH AVENUES, ALLOWING DISTANCE EXEMPTIONS FOR A MAXIMUM OF 5 ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES AS A COMPONENT OF A CULTURAL FACILITY; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow exemptions to distance requirements for establishments serving alcoholic beverages. 06-01623zt Leg islation. pdf 06-01623zt FR Fact Sheet.pdf City ofMiami Page 44 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 DEFERRED Item PZ.33 was deferred to the Planning & Zoning meeting currently scheduled for October 26, 2006. PZ.34 06-00828Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 3663 SOUTHWEST 17TH 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. LOCATION: Approximately 3663 SW 17th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Jokur Acquisitions, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 7, 2006 by a vote of 7-0. See companion File ID 06-00828zc. PURPOSE: This will change the above property to Restricted Commercial. 06-008281u - PAB Fact Sheet.pdf 06-008281u - PAB Legislation.pdf 06-008281u - Analysis.pdf 06-008281u - Concurrency Report.pdf 06-008281u - Concurrency Report (Revised).pdf 06-008281u - Comp Plan Map.pdf 06-008281u - Zoning Map.pdf 06-008281u - Aerial Photo.pdf 06-008281u - Application Documents.pdf 06-008281u PAB Reso.pdf 06-008281u CC Application & Supporting Docs.pdf 06-008281u CC Legislation (Verison 2).pdf 06-008281u & 06-00828zc CC Exhibit A.pdf 06-008281u CC FR Fact Sheet.pdf WITHDRAWN PZ.35 06-00828zc 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 City ofMiami Page 45 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3663 SOUTHWEST 17TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3663 SW 17th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Jokur Acquisitions, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 24, 2006 by a vote of 8-0. See companion File ID 06-008281u. PURPOSE: This will change the above property to C-1 Restricted Commercial. 06-00828zc Analysis.pdf 06-00828zc Zoning Map.pdf 06-00828zc Aerial Map.pdf 06-00828zc Letter of Intent.pdf 06-00828zc Application & Supporting Docs.pdf 06-00828zc ZB Fact Sheet.doc 06-00828zc ZB Reso.pdf 06-00828zc CC Application & Supporting Docs.pdf 06-00828zc CC Legislation (Verison 2).pdf 06-008281u & 06-00828zc CC Exhibit A.pdf 06-00828zc CC FR Fact Sheet.pdf WITHDRAWN PZ.36 06-00834ec RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THE EASEMENTS LOCATED BETWEEN NORTHEAST 13TH STREET AND NORTHEAST 15TH STREET AND HERALD PLAZA AND NORTHEAST BAYSHORE DRIVE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." City ofMiami Page 46 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 LOCATION: Approximately Between NE 13th Street and NE 15th Street and Herald Plaza and NE Bayshore Drive [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Citisquare Group, LLC, Contract Purchaser and Knight-Ridder, Inc., Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Recommended approval on March 2, 2006 by a vote of 6-0. ZONING BOARD: Recommended approval to City Commission on June 26, 2006 by a vote of 7-1. *See supporting documentation. PURPOSE: This will allow a unified development site for the City Square Retail Major Use Special Permit. 06-00834ec Public Works Analysis.pdf 06-00834ec Planning Analysis.pdf 06-00834ec Zoning Map.pdf 06-00834ec Aerial Map.pdf 06-00834ec Application & Supporting Docs.pdf 06-00834ec ZB Fact Sheet.pdf 06-00834ec ZB Reso.PDF 06-00834ec CC Legislaion (Version 2).pdf 06-00834ec CC Exhibit A.pdf 06-00834ec CC Fact Sheet.pdf DEFERRED Item PZ.36 was deferred to the Planning & Zoning meeting currently scheduled for October 26, 2006. PZ.37 06-01126ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY LUCIA A. DOUGHERTY, ESQ., ON BEHALF OF LAXMI INVESTMENTS, LLC, ("APPELLANTS"), AND REVERSING OR AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED THE MIMO/BISCAYNE BOULEVARD HISTORIC DISTRICT OF THE PROPERTY LOCATED AT APPROXIMATELY 5850 BISCAYNE BOULEVARD, LOCATED WITHIN THE AREA BOUNDED BY BOTH SIDES OF BISCAYNE BOULEVARD FROM NORTHEAST 50TH STREET TO NORTHEAST 77TH STREET, AS A HISTORIC SITE. City ofMiami Page 47 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 LOCATION: Approximately 5850 Biscayne Boulevard [Commissioner Linda M. Haskins - District 2] APPELLANT(S): Lucia A. Dougherty, Esquire, on behalf of Laxmi Investments, LLC APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and approval of the designation. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved the designation on June 6, 2006 by a vote of 7-0. PURPOSE: The approval of this appeal will exclude the property located at approximately 5850 Biscayne Boulevard as part of the historic designation of the MiMo/Biscayne Boulevard Historic District. 06-01126ha Zoning Map.pdf 06-01126ha Aerial Map.pdf 06-01126ha HEPB Appeal Letter.pdf 06-01126ha HEPB Reso.pdf 06-01126ha Designation Report.pdf 06-01126ha Questions & Answers about Proposed Designations.pdf 06-01126ha Legislation (Version 2).pdf 06-01126ha Designation Report.pdf 06-01126ha Questions & Answers about Proposed Designations.pdf 06-01126ha Legislation (Version 3).pdf 06-01126ha HEPB Appeal Letter.pdf 06-01126ha Designation Report.pdf 06-01126ha Questions & Answers about Proposed Designations.pdf 06-01126ha CC Fact Sheet.pdf DEFERRED Item PZ. 37 was deferred to the Planning & Zoning meeting currently scheduled for October 26, 2006. NON AGENDA ITEMS NA.1 06-01766 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 06-0540, ADOPTED SEPTEMBER 12, 2006,IN ITS ENTIRETY AND OPPOSING THE METHODOLOGY USED BY THE MIAMI-DADE COUNTY PROPERTY APPRAISER, AS DICTATED BY STATE LAW, WHICH IMPOSES PROFOUND AND UNCONSCIONABLE INCREASES ON THE AD VALOREM ASSESSMENTS TO RESIDENTIAL PROPERTIES IN THE CITY OF MIAMI ("CITY"); STRONGLY URGING THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY TO BASE VALUATION OF RENTAL PROPERTY ON THE INCOME FROM SAID PROPERTY, AS CONTEMPLATED IN SECTION 193.011 (7) OF THE FLORIDA STATUTES; REQUESTING THAT THE CITY MANAGER DETERMINE THE FEASIBILITY OF REDRESS FOR THE CITIZENS OF City ofMiami Page 48 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 NA.2 06-01781 NA.3 06-01783 NA.4 06-01784 NA.5 06-01776 MIAMI WITH THE INTENT OF OBTAINING RELIEF IN ORDER TO PROTECT THE RESIDENTIAL PROPERTY OWNERS IN THE CITY FROM INFLATED AND UNFAIR VALUATION OF THEIR PROPERTIES. R-06-0565 MOVED: Joe Sanchez SECONDED: Linda Haskins UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to rescind Resolution 06-0540. MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be RESCINDING PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones DISCUSSION ITEM DISCUSSION ON PROVISION OF REFRESHMENTS FOR VARIOUS BOARDS DISCUSSED Direction by Commissioner Spence -Jones to the Administration to consider the provision of funds to provide refreshments to members who serve on various City boards, including Code Enforcement and Zoning Boards. DISCUSSION ITEM DISCUSSION REGARDING INSPECTION OF GAZEBO DISCUSSED DISCUSSION ITEM DISCUSSION REGARDING SPECIAL MEETING FOR HOME DEPOT DISCUSSED DISCUSSION ITEM DISCUSSION REGARDING THE CREATION OF A BLUE RIBBON COMMITTEE CONSISTING OF ACCOUNTANTS, ACTUARIALS, AND PENSION LAW ATTORNEYS. MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Haskins, and was passed unanimously, directing the City Manager to create a blue ribbon committee of professionals in the field of accounting, actuarial, and pension law attorneys to review the pension issue and provide a report, with recommendations, to the City Commission within sixty (60) days. City ofMiami Page 49 Printed on 10/5/2006 City Commission Marked Agenda September 28, 2006 NA.6 06-01785 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONSOLIDATING THE NOVEMBER AND DECEMBER REGULAR AND PLANNING AND ZONING COMMISSION MEETINGS FOR NOVEMBER 9, 2006 AND DECEMBER 14, 2006, RESPECTIVELY. R-06-0577 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones City ofMiami Page 50 Printed on 10/5/2006