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HomeMy WebLinkAboutCC 2007-02-22 Marked AgendaCity of Miami Marked Agenda City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, 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, February 22, 2007 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 AM - APPROVING MINUTES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.3 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 PH - PUBLIC HEARINGS PART B PZ - PLANNING AND ZONING ITEMS The Planning and Zoning items shall not be considered before 10:00 am. City ofMiami Page 1 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gonzalez, Commissioner Sarnoff, Vice -Chairman Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 22nd day of February 2007, 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 9:26 a.m., recessed at 12:06 p.m., reconvened at 2:35 p.m., and adjourned at 6:07 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Pamela Burns, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS 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 APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of January 25, 2007 MOVED: Joe Sanchez SECONDED: Tomas Regalado UNANIMOUS Motion to APPROVED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones ORDER OF THE DAY CONSENT AGENDA CA.1 07-00148 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDING FROM THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES, IN AN AMOUNT NOT TO EXCEED $500,000, FOR THE VIRRICK PARK COMMUNITY CENTER LIBRARY PROJECT, AS STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS FOR THE ADMINISTRATION OF SAID GRANT. City ofMiami Page 2 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 CA.2 07-00149 Office of Grants Administration CA.3 07-00179 Department of Planning 07-00148 Legislation.pdf 07-00148 Exhibit .pdf 07-00148 Summary Form.pdf 07-00148 Master Report.pdf R-07-0098 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), TO ENTER INTO AN AGREEMENT WITH AMERICAN FORESTS, TO PROVIDE AN URBAN ECOSYSTEM ANALYSIS OF THE COUNTY; AUTHORIZING PAYMENT TO THE COUNTY, IN AN AMOUNT NOT TO EXCEED $15,732, FOR THE CITY OF MIAMI'S PORTION OF SAID ANALYSIS; ALLOCATING FUNDS FROM THE TREE TRUST FUND ACCOUNT NO. 11500.151000.540000.0000.00000. 07-00149 Legislation.pdf 07-00149 Exhibit .pdf 07-00149 Exhibit 2 .pdf 07-00149 Exhibit 3 .pdf 07-00149 Exhibit 4 .pdf 07-00149 Summary Form.pdf R-07-0099 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE TRANSFER OF DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT MASTER PLAN RECOVERY FEES, IN A TOTAL AMOUNT NOT TO EXCEED $615,000; ALLOCATING SAID FUNDS FROM FUND 10400, PROJECT NO. 127001, TO THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, FOR THE PREPARATION OF REPORTS AND ANALYSIS NECESSARY FOR THE INCREMENT I AND II OF THE MASTER DEVELOPMENT ORDER AND TO PROCEED WITH THE DEVELOPMENT AND PREPARATION OF THE INCREMENT III PROGRAM, AS APPROVED BY THE CITY MANAGER. 07-00179 Legislation.pdf 07-00179 Summary Form.pdf R-07-0100 MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 3 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Adopted the Consent Agenda MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA City ofMiami Page 4 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 M.1 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ 07-00251 DISCUSSION ITEM DISCUSSION CONCERNING A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATIONS OF THE CITY OF MIAMI ("CITY") GREEN COMMISSION WHICH HAS DEVELOPED A CITY TREE MASTERPLAN BUILDING UPON THE RECOMMENDATIONS PROPOSED WITHIN THE MIAMI-DADE COUNTY ("COUNTY") STREET TREE MASTER PLAN WHICH PROVIDES THE FRAMEWORK TO DESIGN AND IMPLEMENT STREET TREE PLANTINGS THAT COMPLEMENT THE PURPOSE AND INTENT OF THE LANDSCAPE AND TREE ORDINANCES TO BE USED AS MINIMUM STANDARDS IN ORDER TO ENHANCE THE COUNTY TREE CANOPY TO A MINIMUM OF 30 PERCENT COVERAGE, COUNTYWIDE BY 2020 . 07-00251 Cover Email.pdf 07-00251 Exhibit.pdf DISCUSSED Discussion on the item resulted in the resolution below: (M.1) 07-00251a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATIONS OF THE CITY OF MIAMI (the "CITY") GREEN COMMISSION WHICH HAS DEVELOPED A CITY TREE MASTER PLAN INCORPORATING THEREIN THE RECOMMENDATIONS PROPOSED BY THE MIAMI-DADE COUNTY STREET TREE MASTER PLAN (COLLECTIVELY, "THE PLAN") CREATING MINIMUM STANDARDS IN ORDER TO ENHANCE, RESTORE AND STABILIZE THE CITY'S TREE CANOPY COVER SO AS TO REACH THE GOAL OF A MINIMUM OF 30 PERCENT TREE CANOPY COVERAGE, CITY-WIDE, BY 2020; FURTHER DIRECTING THE CITY MANAGER TO IDENTIFY APPROPRIATE RESOURCES AMONG CITY DEPARTMENTS AND AGENCIES TO ENSURE THE PROMPT AND SUCCESSFUL IMPLEMENTATION OF THE PLAN, AS IT MAY BE AMENDED FROM TIME TO TIME. R-07-0103 MOVED: Michelle Spence -Jones SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 5 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-00100 ORDINANCE First Reading AN ORDINANCE OF THE CITY COMMISSION AMENDING CHAPTER 62, ARTICLE X, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/TREE TRUST FUND, " BY PROVIDING FOR DEPOSITS OF FINES COLLECTED FOR ILLEGAL TREE REMOVAL, FOR THE USE OF THE TRUST FUNDS TO RELOCATE TREES WITHIN THE CITY OF MIAMI ("CITY"), AND FOR PERIODIC DISTRIBUTION OF SAPLINGS AND SHRUBBERY TO THE PUBLIC TO ENHANCE TREE CANOPY COVERAGE AND GREENERY IN THE CITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00100 Legislation.pdf MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones D2.2 05-00335 ORDINANCE First Reading (REQUIRES 4/5THS VOTE) AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY AMENDING SECTIONS 2-811, 2-814 AND 2-817 OF SAID CITY CODE, TO AMEND THE DEFINITIONS SECTION AND TO CLARIFY THE MAXIMUM DAILY FINES; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR INCLUSION IN THE CITY CODE. 05-00335 Legislation .pdf MOVED: Joe Sanchez SECONDED: Marc David Sarnoff Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 6 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 NOES: Commissioner Gonzalez D2.3 07-00115 ORDINANCE First Reading D3.1 07-00250 AN ORDINANCE OF THE MIAMI 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, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE REPLACEMENT AND PROTECTION, APPEAL CRITERIA AND FINES, CONTINUED ENFORCEMENT, PENALTIES AND REMEDIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00115 Legislation.pdf MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones NOES: Commissioner Gonzalez DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISCUSSION ITEM DISCUSSION CONCERNING THE MIAMI RIVERDAY FESTIVAL. 07-00250 Cover Email.pdf DISCUSSED Discussion on the item resulted in the resolution below: (D3.1) 07-00250a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE FEES FOR THE USE OF JOSE MARTI PARK FOR THE MIAMI RIVERDAY FESTIVAL BEING HELD MARCH 23, 2007. R-07-0102 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 7 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-00219 DISCUSSION ITEM DISCUSSION ABOUT PROVIDING A PARK FEE WAIVER, USE OF THE CITY OF MIAMI SHOWMOBILE, AND IN -KIND SERVICES TO THE ANNUAL "DIA DEL MUNICIPIO DE SAN LUIS-PROVINCIA DE PINAL DEL RIO" SCHEDULED TO BE HELD AT CARLOS ARBOLEYA PARK ON MARCH 4, 2007. 07-00219 Cover Memo.pdf DISCUSSED Discussion on the item resulted in the resolution below: (D4.1) 07-00219a RESOLUTION D4.2 07-00237 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE FEES FOR THE USE OF THE CARLOS ARBOLEYA PARK AND THE SHOWMOBILE FOR THE ANNUAL "DIA DEL MUNICIPIO DE SAN LUIS-PROVINCIA DE PINAR DEL RIO" EVENT BEING HELD AT SAID PARK ON MARCH 4, 2007. R-07-0101 MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez and Sarnoff DISCUSSION ITEM DISCUSSION CONCERNING A STATUS REPORT FROM THE ADMINISTRATION ON THE FOLLOWING ZONING ISSUES: EXPANDING THE CRITERIA USED TO NOTIFY RESIDENTS ABOUT ZONING MATTERS, ZONING IN PROGRESS, AND MIAMI 21. 07-00237 Cover Memo.pdf 07-00237 Submittal memo Miami 21.pdf 07-00237 Submittal memo update questions.pdf 07-00237 Submittal questions & answers.pdf DISCUSSED DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES City ofMiami Page 8 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 PUBLIC HEARING PH.1 07-00177 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A Police FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF NINETY-SEVEN (97) TASERS, STYLE NO. X26, MODEL 26012 AND RELATED EQUIPMENT, FROM TASER INTERNATIONAL INC., OR ITS FLORIDA AUTHORIZED DISTRIBUTOR, FOR THE DEPARTMENT OF POLICE, AT AN AMOUNT NOT TO EXCEED $80,000; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 00001.191507.664000.00000. 07-00177 Legislation .pdf 07-00177 Summary Form.pdf 07-00177 Memo .pdf 07-00177 Memo 2 .pdf 07-00177 Memo 3 .pdf 07-00177 Notice of Public Hearing .pdf 07-00177 Letter .pdf 07-00177 Order Form .pdf 07-00177 Summary Fact Sheet.pdf R-07-0104 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 9 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 PART B The following items shall not be considered before 10:00 am. PZ.1 06-02237 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A WATERFRONT CHARTER REQUIREMENT AS SET FORTH IN SECTION 3(mm)(ii)(A) OF THE CHARTER OF THE CITY OF MIAMI, AS AMENDED, WHICH ESTABLISHES A 50-FOOT SETBACK REQUIREMENT FOR ALL PROJECTS ALONG THE MIAMI RIVER, EAST OF NORTHWEST 5TH STREET, TO PERMIT A 20-FOOT SETBACK ALONG THE WATERFRONT (REAR) YARD AND SIDE YARDS EQUAL TO EIGHTEEN (18) FEET ON THE NORTH SIDE AND THIRTY-SIX (36) FEET ON THE SOUTH SIDE FOR THE 1001 BRICKELL BAY TOWER PROJECT, TO BE LOCATED AT APPROXIMATELY 1001 BRICKELL BAY DRIVE A.K.A. 1001 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. LOCATION: Approximately 1001 Brickell Bay Drive A.K.A. 1001 S Bayshore Drive [Commissioner Marc Sarnoff - District 2] APPLICANT(S): N. Patrick Range, II, Esquire, on behalf of Brickell Bay Tower, Ltd., Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PURPOSE: This will allow fewer setbacks than required for the 1001 Brickell Bay Tower project. 06-02237 Zoning Map.pdf 06-02237 Aerial Map.pdf 06-02237 Letter of Intent with Supporting Docs.pdf 06-02237 UDRB Reso.pdf 06-02237 Plans.pdf 06-02237 Legislation (Version 1).pdf 06-02237 Exhibit A.pdf 06-02237 Fact Sheet 01-25-07.pdf 06-02237 Fact Sheet 02-22-07.pdf R-07-0106 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PZ.2 05-01524mm RESOLUTION City ofMiami Page 10 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 3760 BIRD ROAD PROJECT, TO BE LOCATED AT APPROXIMATELY 3760 BIRD ROAD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 292-FOOT, 12-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 14,217 SQUARE FEET OF RETAIL AND 318,406 SQUARE FEET OF OFFICE SPACE, APPROXIMATELY 9,410 SQUARE FEET OF RESTAURANT SPACE, PLUS AN ADDITIONAL OUTDOOR RESTAURANT SEATING AREA OF APPROXIMATELY 1,725 SQUARE FEET, AND APPROXIMATELY 1,099 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; 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 3760 Bird Road [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Bird Road Holdings, LLC, Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on February 7, 2007 by a vote of 7-0. ZONING BOARD: Recommended approval with a condition* of the Variance on January 8, 2007 by a vote of 6-1. *See supporting documentation. PURPOSE: This will allow the substantial modification of the 3760 Bird Road project. City ofMiami Page 11 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 05-01524mm - PAB Supporting Documentation.pdf 05-01524mm PAB Reso.PDF 05-01524mm Zoning Map.pdf 05-01524mm Aerial Map.pdf 05-01524mm - Projects in the Vicinity.pdf 05-01524v CC Fact Sheet.pdf 05-01524v CC Analysis.pdf 05-01524v ZB Reso.pdf 05-01524v CC Legislation (Version 2).pdf 05-01524v CC Exhibit A.pdf 05-01524v CC Exhibit B.pdf 05-01524mm - Front Cover.PDF 05-01524mm - Inside Cover.PDF 05-01524mm - Table of Contents.PDF 05-01524mm - I Project Information.PDF 05-01524mm - I -A Letter of Intent..PDF 05-01524mm - I-B Major Use Special Permit and Variance Applications..PDF 05-01524mm - I-C Major Use Special Permit Resolution No. 06-0188..PDF 05-01524mm - I-D Zoning Write Up..PDF 05-01524mm - I-E Zoning Atlas..PDF 05-01524mm - I-F Project Data Sheet..PDF 05-01524mm - I-G Deed-Computer..PDF 05-01524mm - I-H Ownership List..PDF 05-01524mm - I-1 State of Florida Documents..PDF 05-01524mm - I-J Directory of Project Principals..PDF 05-01524mm - 11 Project Description.PDF 05-01524mm - III Supporting Documents.PDF 05-01524mm - Tab 1 Minority Construction Employment Plan..PDF 05-01524mm - Tab 2 Traffic Impact Analysis.PDF 05-01524mm - Tab 3 Site Utility Study..PDF 05-01524mm - Tab 4 Economic Impact Study..PDF 05-01524mm - Tab 5 Survey of Property..PDF 05-01524mm - Tab 6 Drawings Submitted.PDF 05-01524mm CC Fact Sheet.pdf 05-01524mm Submittal Devp. Analisys.pdf 05-01524 Presentation.pdf R-07-0107 MOVED: Marc David Sarnoff SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PZ.3 06-00441za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE MIAMI ZONING BOARD TO DISMISS THE APPEAL FILED 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 City ofMiami Page 12 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 REASONABLE PERIOD IN TODAY'S PERMITTING CLIMATE. 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 CC Fact Sheet 04-27-06.pdf 06-00441za CC Fact Sheet 06-22-06.pdf 06-00441za CC Fact Sheet 07-27-06.pdf 06-00441za CC Fact Sheet 09-28-06.pdf 06-00441za CC Fact Sheet 12-14-06.pdf 06-00441za CC Fact Sheet 02-22-07.pdf R-07-0108 MOVED: Joe Sanchez SECONDED: Marc David Sarnoff UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. PZ.3. PZ.3 is an appeal. Lourdes Slazyk (Zoning Administrator): Good afternoon. For the record, Lourdes Slazyk. PZ.3 is an appeal of a Zoning Board decision on the Zoning Administrator interpretation. This is an interpretation that was issued by the Zoning Administrator and appealed by Mr. Robles. The Zoning Board actually dismissed the appeal. The nature of the interpretation was not really an interpretation. The Zoning Administrator had written Mr. Robles a letter, which basically just stated the plain language of the Code. The Zoning -- what the applicant had really wanted was a -- to strike a provision within the Code, which the proper way to do that is to actually amend the Code. The Zoning Administrator can't arbitrarily strike a provision in the Code, since he felt that that provision was unfair. This is the provision in the Code that says that when we're reviewing plans under expired regulations, you only have six months to pull your building permit. The case in this was an NCD-3 amendment that was done that required new standards for single-family homes in Coconut Grove. After that ordinance was passed, any applications that were in process had six months to complete their building permit process, or else the plans would have to be redesigned to meet the new Code. In this particular case, the Zoning Administrator's letter pretty much stated that fact in the Code. The Zoning Board heard the item and felt that what the applicant really wanted was an amendment to the Code, and there was really not an interpretation to rule on. It was out of their jurisdiction, so they voted to dismiss the appeal. What's before you today, as the City Commission, is an appeal of that dismissal, not the actual merits of the interpretation because the Zoning Board never acted on that matter. The Zoning Department is recommending upholding the Zoning Board decision and dismissing the appeal because we felt, as the Zoning Board did, that there was really no interpretation issued here. Commissioner Sarnoff: Can I ask a question? You -- Ms. Slazyk: Sure. Commissioner Sarnoff: -- indicated that a person -- once a new law goes into -- a new ordinance goes into effect -- City ofMiami Page 13 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 Ms. Slazyk: Yes. Commissioner Sarnoff: -- you then have -- Ms. Slazyk: A hundred and eighty days. Commissioner Sarnoff: Well, before you get to that, you have to have a completed application? Ms. Slazyk: Yes. If a complete application has been filed before -- Commissioner Sarnoff: Is that the operative word, a "completed application?" Ms. Slazyk: Yeah. Yes. Commissioner Sarnoff: OK. You have a completed application that predates the law change, right? Ms. Slazyk: Exactly, the effective date of the law change -- Commissioner Sarnoff: Right, so -- Ms. Slazyk: -- so -- Commissioner Sarnoff: -- you beat it by a day, an hour, or five minutes, you're in. Ms. Slazyk: Exactly. Commissioner Sarnoff: Then you have six months -- Ms. Slazyk: To complete the permitting process. You have -- Vice Chairman Sanchez: Plenty of time. Ms. Slazyk: -- to actually obtain a building permit, and if you do not obtain a building permit within the 180 days, then the plans would be rejected, and you have to modify the plans to meet the new Code. Commissioner Sarnoff: OK. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Jorge L. Fernandez (City Attorney): Mr. Chairman -- Vice Chairman Sanchez: Quick. Jorge L. Fernandez: Commissioners, to put this item in perspective for you, from a legal analysis, the Zoning Board dismissed the appeal for failure to state any grounds upon which relief could be granted. They did not have jurisdiction to hear the appeal. It is my -- and I believe that they were eminently correct in making that decision. Likewise, extrapolating from that, I would suggest to you that you, perhaps, don't have jurisdiction either to hear these [sic] appeal. It is not only untimely, it's improper, improperly filed, so if you choose to hear anything, you need to limit yourself only to hearing why it was improper for the Zoning Board to dismiss the appeal, not necessarily getting into the substance and the merits of it because the substance and the merit were never reached by the Zoning Board. Now Lourdes has been very generous and kind in explaining to you and giving you the history and the background of it, but you need to focus on what is in front of you, and again, to summarize it, the Zoning Board did not have jurisdiction. I recommend to you that you do not either, and that you, therefore, affirm the decision of the Zoning Board, and City ofMiami Page 14 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 if, perhaps, you choose to take it further, which I would advise you against it, that you then only limit the testimony and that which you take into consideration to be the reason for the Zoning Board dismissal. At which point, you would have two options, neither of which I think are logical, but one of them would be to grant the appeal, which all that he would get then is to return to the Zoning Board, and the Zoning Board would then again make the same decision, and so I don't know if I was successful in explaining to you the circuitous nature of what's in front of you, but this gentleman has insisted on proceeding this way, in spite of us all explaining to him what the process is, and we would -- didn't want to deny him an opportunity to perfect an appeal from the Zoning Board dismissal for lack of jurisdiction. Commissioner Sarnoff: Do we hear from Mr. Robles, or -- are --? Mr. Fernandez: Sure. Again -- Vice Chairman Sanchez: Limited. Mr. Fernandez: -- this Commission has a long history of being courteous to every single applicant and every single resident that appears in front of you, and so, the one -- just because you give him an opportunity to express himself does not mean that you need to be guided or you need to do something which, at the end of the day, would be improper, if not impractical, so I would recommend that, if for no other reason, out of courtesy and out of continuing to afford every resident due process, that they have an opportunity to address the City Commission, but I caution you to remain very focused on what your options are. Vice Chairman Sanchez: Sir, did you understand that? That -- sir? Commissioner Spence -Jones: Mr. Robles. Vice Chairman Sanchez: Mr. Robles. Octavio Robles: Yes. Vice Chairman Sanchez: Did you understand that? Mr. Robles: Who is asking me this? Chairman Gonzalez: Right here. Mr. Robles: Oh. Yes, I did. I don't completely agree with it, but I do understand what he's saying. Vice Chairman Sanchez: OK. Well, it's not an issue whether you agree with it or not. Mr. Robles: Of course not. Vice Chairman Sanchez: I mean, we want to afford you the opportunity to due process. We don't deny anyone coming in front of this legislative body, but you got to be very limited and focus on limited testimony that we -- that's the only thing that we could hear, so -- Mr. Robles: Understood. Vice Chairman Sanchez: -- please. Mr. Robles: Thank you. First of all, I do agree with him that this should be denied. I do agree with them that the Zoning Board did not have jurisdiction, and I do agree that you don't either. The problem is that I'm in an appellate limbo, a sort of administrative appellate limbo. First of all, the letter and the issues that were raised, which brought a response from the Zoning Administrator at the time, was not simply a matter of the six months. It -- there were legitimate issues of zoning that were never responded to in the letter. The only part that were responded to in the letter was that which addressed the time limitations due to the six months. During that time we had, right during the period that this zoning issues City ofMiami Page 15 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 were being discussed, and that the limitations would be a factor, Hurricane Katrina, almost Hurricane Rita, and Hurricane Wilma, so some of these situations, the City was closed all three times for a number of days, huge delays, and a huge amount of applications and plans under process. The six months was illogical, so I have the proof that the issues were never responded to, and in their response, they limited it to just spitting back what the Code says, which left me no recourse, except to appeal, knowing that they had no jurisdiction, but that was the only administrative relief that I had. If I had gone directly to the court, the court would have bounced it out, saying you haven't exhausted your administrative -- Mr. Fernandez: Well -- Mr. Robles: -- remedies, so it's this crazy limbo situation, with some merits, that they're not admitting to, but I have the proof, and basically, what I'm here for simply is to go into circuit court. Vice Chairman Sanchez: OK. Pamela E. Burns (Assistant City Clerk): Excuse me. Mr. Fernandez: Well -- Ms. Burns: Can we have --? Mr. Fernandez: -- Mr. Chairman. Vice Chairman Sanchez: All right, all right. No. Listen, listen, having said that, I see where we're heading. We're going to put this to sleep quick. I'm going to make a motion to deny. Mr. Robles: Thank you. Mr. Fernandez: Well -- Chairman Gonzalez: All right. Mr. Fernandez: -- the proper motion would be to deny the appeal -- Commissioner Sarnoff: And affirm. Mr. Fernandez: -- and of course -- Commissioner Sarnoff: Right. Mr. Fernandez: -- to uphold the decision of the Zoning Board -- Commissioner Sarnoff: Right. Mr. Fernandez: -- with regard to dismissing the appeal. Vice Chairman Sanchez: That is the motion that I am proffering. Mr. Fernandez: And again, just for the record, as further positioning this board correctly, to the extent that the gentleman is very clear that what he's looking is to take the City to court, it behooves me to make sure that you understand and that I respond to his issue. This limbo that he referred to is, perhaps, of his own creation, and he's clearly trying to bootstrap himself into a position of arguing so that he can then get the City to do as he deems appropriate, so your -- the motion is very well stated, and I suggest that you immediately proceed to a vote. Commissioner Sarnoff: Second. Chairman Gonzalez: All right. We have a motion. Is there a second? City ofMiami Page 16 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 Commissioner Sarnoff: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Vice Chairman Sanchez: Best of luck to you. Chairman Gonzalez: Motion carries. Mr. Robles: Thank you. Chairman Gonzalez: Thank you, sir. PZ.4 06-02044zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, BY AMENDING ARTICLE 6, SECTION 606, CONCERNING THE SD-6, SD-6.1 CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS IN ORDER TO PERMIT PUBLIC STORAGE FACILITIES LOCATED IN A BUILDING THAT IS 150 FEET OR LESS FROM A MAJOR INTERSTATE HIGHWAY AS ADAPTIVE RE -USE OF EXISTING BUILDINGS BY CLASS II SPECIAL PERMIT, AND SECTION 615 CONCERNING SD-15 RIVER QUADRANT MIXED -USE DISTRICT IN ORDER TO PERMIT PUBLIC STORAGE FACILITIES LOCATED IN A BUILDING THAT IS 150 FEET OR LESS FROM A MAJOR INTERSTATE HIGHWAY BY CLASS II SPECIAL PERMIT; AND ALSO IN ORDER TO MODIFY THE AFFORDABLE HOUSING CONTRIBUTION IN THE SD-15 DISTRICT; 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: Recommendation approval. PLANNING ADVISORY BOARD: Recommended approval to the City Commission on November 15, 2006 by a vote of 5-0. PURPOSE: This will allow certain public storage facilities by Class II Special Permit in the SD-6, SD-6.1 and SD-15 zoning districts and will modify the affordable housing contribution in the SD-15 district. 06-02044zt - PAB Fact Sheet.pdf 06-02044zt - PAB Legislation.pdf 06-02044zt PAB Reso.PDF 06-02044zt CC Legislation (Version 2).pdf 06-02044zt CC FR Fact Sheet 01-25-07.pdf 06-02044zt CC FR Fact Sheet 02-22-07.pdf CONTINUED City ofMiami Page 17 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to defer item PZ.4 to the City Commission meeting currently scheduled for March 22, 2007. Direction by Commissioner Regalado to the Administration to provide the Commission with the number of buildings affected by this amendment to Ordinance 11000 when the item is before the Commission again at the meeting currently scheduled for March 22, 2007. PZ.5 06-02104zt ORDINANCE First Reading AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 626, 22ND AVENUE SPECIAL OVERLAY DISTRICT; IN ORDER TO CREATE THE 22ND AVENUE SPECIAL OVERLAY DISTRICT, ADD AN INTENT STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS AND LIMITATIONS ON USES, AND TO REQUIRE CLASS II SPECIAL PERMITS FOR EXTERIOR WORK; 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 FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on February 21, 2007. See companion File ID 06-02104zc. PURPOSE: This will create the SD-26 22nd Avenue Special Overlay District and add special district requirements. 06-02104zt - SD-26 - PAB 02-21-07.pdf 06-02104zt - PAB Fact Sheet.pdf 06-02104zt - PAB Legislation.pdf 06-02104zt CC Legislation (Version 2).pdf 06-02104zt CC FR Fact Sheet 12-14-06.pdf 06-02104zt CC FR Fact Sheet 01-25-07.pdf 06-02104zt CC FR Fact Sheet 02-22-07.pdf 06-02104zt PAB Reso.PDF MOVED: Joe Sanchez SECONDED: Marc David Sarnoff UNANIMOUS Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.5. Lourdes Slazyk (Zoning Administrator): PZ.5 and 6 are companion items. We do have a replacement ordinance for the PZ.5 item. This had been continued several times at the Planning Advisory Board in order to give us an opportunity to meet with some of the property owners in this new special district, and you have the updated ordinance, as approved by the PAB (Planning Advisory Board) last night in front of you. This ordinance is City ofMiami Page 18 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 to create a new SD-26, which is a 22nd Avenue Special Overlay District. This is for properties located along 22nd Avenue, between Southeast 8th Street and Northwest 1st Street. This particular portion of 22nd Avenue is emerging as a gateway into the Latin Quarter, into Little Havana. There was recently a major project approved in this corridor, and based on some concerns from the district Commissioner, and even the Planning Department, and some things that we have seen in the past -- if you all recall, when we put the SD (Special District) overlay on Coral Way, it was in response to a building that had been built with blank walls on Coral Way, and there was not a whole lot we could do about it because the C-1 district did not allow for protection. What this special overlay district does, first and foremost, which is the most important, is it requires design review -- Vice Chairman Sanchez: Design review. Ms. Slazyk: -- for everything on 22nd Avenue in this corridor. It requires ground floor habitable space. It includes incentives to make sure that habitable space is not just lobbies, that we actually get retail and restaurants. It provides for some -- the transitions into the neighborhood. I think it -- you know, like I said, first and foremost, it's the design review, and there's also a list of prohibited uses and special permits for other uses that could be objectionable, which means that there's going to be review of anything that's done here. Rather than waiting for that first building to be built with a blank wall on 22nd Avenue, we're trying to get ahead of the curve by adopting the special district. Vice Chairman Sanchez: Or businesses that are not compatible to other businesses in the area. Ms. Slazyk: Exactly, exactly, so anyway, this was recommended approval unanimously last night at PAB, 8/0, and the companion ordinance, PZ.6, is the actual atlas amendment to apply the new district to these properties, and again, we recommend approval. Chairman Gonzalez: All right. Vice Chairman Sanchez: Public -- Chairman Gonzalez: This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I would like to ask if this overlay and the kind of review that it will be given in any way will allow taller buildings and greater density than is allowed now? Vice Chairman Sanchez: No. Ms. Slazyk: Very quickly for the record, no. This does not increase the height. It does not increase the density. The same 150 units per acre is allowed under the SD as allowed under the current C-1. This actually retains the C-1 zoning and puts the SD overlay on it. Most of what the overlay does is put further restrictions on uses and requires design review. The only additional FAR (floor area ratio) included in this overlay is for ground floor retail uses. There's a provision in here that says your ground floor has to be habitable uses, but if you're doing a residential project, that might mean lobbies or exercise room. We would like to promote more pedestrian activity, so we put in this ordinance a provision that says if your ground floor is retail uses with doors opening to the street, not internalized retail, but real external retail, that that FAR will not count against you. Other than that, there are no other bonuses built into this. It's the same base FAR, same height, and same density. Ms. Sandoval: And with restricted retail uses, what would that be limited to? What kind of businesses? Ms. Slazyk: Anything that's allowed in C-1, except for a list of prohibited uses, which is in the ordinance. Vice Chairman Sanchez: Why don't you read that list into the record? City ofMiami Page 19 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 Ms. Slazyk: Sure. You want the whole -- what's allowed in C-1 or just what the prohibitions are? Vice Chairman Sanchez: The prohibitions are. Ms. Slazyk: OK, 'cause if not, it's like three pages. The prohibited uses are community -based residential facilities, private clubs, lodges, fraternities and sororities, pool halls, billiard parlors and game rooms, used automobile dealerships, ambulance service, hiring halls or labor pools, discount membership merchandisers, and aluminum recycling machines. Those are the things that are normally allowed in C-1 that we're saying we don't want in this special district. Then it goes on to say there's a list of other uses that require special permit, and what that'll do is make sure, again, the design review and public hearings, if necessary, will be conducted in order to allow convalescent homes, nursing homes, commercial parking lots, new automobile sales, and a whole host of other -- it's like a page of uses. Ms. Sandoval: OK. One more little question, Lourdes, if you don't mind. I just wondered -- because there don't seem to be any people here from the neighborhoods -- how the neighborhoods [sic], you know, that are concerned feel about this? Vice Chairman Sanchez: No. There were some people here in the morning, and I still -- there's -- Ms. Sandoval: Yes, but they left because their item was not -- deferred, so it's too bad they're not here to ask this question. Ms. Slazyk: We have one property owner here. I'll let him speak. I, you know, didn't get any negative feedback. As a matter of fact, we were working with a major property owner in order to fine-tune this to make sure that it really did everything we wanted to do. Commissioner Spence -Jones: And did they attend last night? Alan Lester: With the neighbors? Yes. Commissioner Spence -Jones: Yeah, the neigh -- the residents were there last night? Unidentified Speaker: Yes. Commissioner Spence -Jones: OK. Mr. Lester: Neighbors -- Alan Lester, senior development manager, B Developments, 2600 Southwest 3rd Avenue, Suite 700. We're developing the project that Lourdes mentioned, Altos Plaza, which is sort of the incentive here or the -- how do you say it? -- catalyst scenario, and we want to make sure also there's a continuance of good retail. We're bringing a grocery store to the area, another bank, and several other prime retail users into our property. We met with neighborhood groups, and we surveyed a group of 150 people, of which 94 responded to our survey. Out of the 94, 96 percent were in favor; 4 percent were -- opposed it. Out of the 96 percent that were in favor, 27 percent had concerns; 73 percent did not. Some of their concerns were neighborhood parks, the sidewalks, the retail uses, several things that are addressed, if you would, through this ordinance, and that we are still working with the Commissioner and the different parks and departments in the City to resolve and turn this into a excellent pedestrian mixed -use neighborhood. We can, you know, create housing at an attainable price and a safe neighborhood to walk in. Thank you. Vice Chairman Sanchez: Mr. Chairman, if I may? Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: Neighborhoods want a certain degree of more a characteristic level. This specialty overlay already exists on 8th Street and already exists on Coral Way. City ofMiami Page 20 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 All it does is protects a corridor. We've all heard about Miami 21 that is in the making, but as development are hitting some of our areas, we don't have anything in the book to protect us from unwanted development and unwanted businesses, so this is just a overlay to protect the corridor of the business while Miami 21 falls in place, whenever it does, and therefore, you're starting to see not only in my district, but throughout the City -- and if we don't make these efforts to try to create safeguards, we're going to lose an opportunity, and then we're going to have sins in the past, like we've seen on 27th Avenue, 32nd Avenue, 37th Avenue, which were built as right, and boy, do we regret them being as built as right because we don't have any controls in place. With these controls, all we do is we provide that there has to be design review, which is very important, and right off the bat, there are certain builders that -- businesses that should not be there, not that we have anything against them, but it's just to protect a corridor. As I said, it is the third specialty overlay that I've done in my district. I know that Commissioner -- the Chairman Gonzalez is looking to implement one north of our district -- Chairman Gonzalez: Our district. Vice Chairman Sanchez: -- and you know, it's a common thing that we do here, so having said that, I make a motion to approve. Commissioner Sarnoff: Let me -- Chairman Gonzalez: All right. We have a motion. Commissioner Sarnoff: -- second, but I'd like to ask a question of Lourdes. Chairman Gonzalez: Can we have a second before we -- Commissioner Sarnoff: I second. Chairman Gonzalez: -- discuss it? Commissioner Spence -Jones: And then I do have -- Chairman Gonzalez: You second it? Commissioner Spence -Jones: -- a comment. Commissioner Sarnoff: Yes. Chairman Gonzalez: OK. We have a motion, and we have a second. Discussion. Commissioner Sarnoff: I think this -- Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff: -- is a laudable item, Commissioner Sanchez, but I'd like to point out discount membership merchandisers are not allowed, correct? Ms. Slazyk: They wouldn't -- they are allowed in C-1 today, but they would not be allowed in this district. Commissioner Sarnoff: Well, what kind of place is that, like a Sam's Club? Ms. Slazyk: Yes. Commissioner Sarnoff: Like a big -box -- would a Home Depot be allowed here? Ms. Slazyk: Yes, it would because that's not a membership club. Commissioner Sarnoff: What's the --? City ofMiami Page 21 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 Ms. Slazyk: There's a very specific -- Commissioner Sarnoff: Why is there a -- Ms. Slazyk: -- definition for -- Commissioner Sarnoff: -- distinction? Ms. Slazyk: -- a membership club. Commissioner Sarnoff: Why is there a distinction? Ms. Slazyk: There is no prohibition -- Commissioner Sarnoff: No. I'm asking you real -- I -- not -- I understand there is a distinction in that somebody has to have a membership card, but I'm asking you, from a physical layout, from a physical retail establishment, what is the distinction between one big -box that requires you to have a card and another big -box that doesn't require that you have a card? How does that impact your neighborhood differently? Ms. Slazyk: Well, I'm not sure, from a physical -- from the size, they're probably about the same. It becomes an operational issue. The membership establishments usually have much more bulk. I mean, as you -- as -- when you buy things, you're buying them in much bigger bulk, where in -- you know, you can't walk in and just buy a screw, you know. You're going to buy a box of them or a case of them, and it's -- I think when they were first established as a special permit requirement for them, it was because of the operational distinctions. Commissioner Sarnoff: So you think that a person that goes to a discount membership club buys more, and that's a concern of yours? Ms. Slazyk: By -- well, by its nature, at the time it was put into the Code, that was the concern. Commissioner Sarnoff: That they just buy more because it's a bulk operation -- Ms. Slazyk: It's a bulk operation. Commissioner Sarnoff: -- so that's the -- you don't want to see a bulk operator in a fine neighborhood, correct? Ms. Slazyk: In this particular one, no. This is a very narrow corridor. I don't think one would fit anyway. If you -- Chairman Gonzalez: Yeah. Commissioner Sarnoff: OK. Ms. Slazyk: -- look at the atlas, the companion item, you'll see the properties involved in the designation. Commissioner Sarnoff: Right, but a Home Depot, in your opinion, would fit. Ms. Slazyk: It's permitted. I'm not saying it would fit. Commissioner Sarnoff: Oh, that's what I'm asking. Ms. Slazyk: I'd have to -- Chairman Gonzalez: I don't think it would fit. Ms. Slazyk: -- look at the square footage and look at the square footages of the properties, City ofMiami Page 22 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 but I think, by their nature, they probably wouldn't fit, unless they made a really long, narrow Home Depot. Commissioner Sarnoff: OK. Ms. Slazyk: If you look at it, it's a corridor designation. Chairman Gonzalez: It won't fit. Ms. Slazyk: It's not a huge area. Commissioner Sarnoff: Thank you. Commissioner Spence -Jones: Mr. Chairman, I just want to add. First of all, I want to commend Commissioner Sanchez on actually being able to move that and get this done within the Latin Quarters corridor. I just want to say to staff -- Lourdes, for one second, if you can get back to the mike, please -- I know that we've done the same thing for MLK (Martin Luther King) Boulevard in Liberty City, and we're well on our way with that, but I do know, because of Miami 21, everything else has been, you know, kind of somewhat -- the idea was to kind of put it all on hold because of Miami 21 until -- Ms. Slazyk: Exactly. Commissioner Spence -Jones: -- we completed that. I'd like to, at least, state today -- because there's some key projects, cultural corridors that we're trying to create within my district, outside of the Liberty City area, which would include Overtown and the Little Haiti area, on Northeast 2nd Avenue being Little Haiti, Northwest 2nd Avenue being 3rd Avenue in Overtown, so I know that it's been something you guys have been squirming on, but I think it's really, really important that we get your leadership and the Manager's support on doing the same or similar type thing at -- Ms. Slazyk: The 2nd Avenue -- I think we already have an SD in place, the Little Haiti corridor where the park is. We already put an -- Commissioner Spence -Jones: OK. Ms. Slazyk: -- SD there. Commissioner Spence -Jones: OK. Ms. Slazyk: If you have issues with something in that SD, we can discuss it and maybe amend your SD if it's not working for you. Commissioner Spence -Jones: I think that -- I think what we need now is -- Ms. Slazyk: Overtown -- Commissioner Spence -Jones: -- an amendment. Ms. Slazyk: -- also has SDs in place, SD-16 -- Commissioner Spence -Jones: OK. Ms. Slazyk: -- so we can look at those, and -- again, but the difference between this and those is that those are in quadrant I -- Commissioner Spence -Jones: OK. Ms. Slazyk: -- this isn't -- Commissioner Spence -Jones: OK. City ofMiami Page 23 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 Ms. Slazyk: -- and it was a timing thing. Commissioner Spence -Jones: OK, so -- Ms. Slazyk: OK. Yeah. Commissioner Spence -Jones: Orlando, can I get a commitment from you guys to -- Ms. Slazyk: To meet with you? Yes. Commissioner Spence -Jones: -- work with us to make sure that we include the other neighborhoods that we're trying to work to do the same thing with? Orlando Toledo (Senior Director, Planning, Building & Zoning): Sure. Commissioner Spence -Jones: OK. Well done. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to comment? Seeing none, hearing none, the public hearing is closed. We had a motion, and we had a second. It's an ordinance. Mr. City Attorney. Vice Chairman Sanchez: It's a resolution. Jorge L. Fernandez (City Attorney): Yes, on first reading. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: I'm sorry. PZ.5 is a resolution. We haven't voted on PZ.5. Madam Clerk, is that correct? Mr. Fernandez: No, 5 is an ordinance. Chairman Gonzalez: It's an ordinance. Mr. Fernandez: 5 is an -- Chairman Gonzalez: PZ.5 is an -- Mr. Fernandez: -- ordinance. Chairman Gonzalez: -- ordinance. Pamela E. Burns (Assistant City Clerk): We haven't vote yet. That's correct. Mr. Fernandez: And you have not voted on it yet. Vice Chairman Sanchez: Oh, I'm sorry. PZ (Planning & Zoning) -- Ms. Slazyk: 5 and 6 are companion; they're both ordinances. Vice Chairman Sanchez: Too much paperwork. Chairman Gonzalez: All right. Vice Chairman Sanchez: It's enough to get anybody confused. Chairman Gonzalez: Roll call, please. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 24 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 Ms. Burns: The ordinance is passed on first reading, 5/0. PZ.6 06-02104zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 34, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-1" RESTRICTED COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-26" 22ND AVENUE SPECIAL OVERLAY DISTRICT FOR THE PROPERTIES LOCATED APPROXIMATELY ALONG 22ND AVENUE BETWEEN SOUTHWEST 8TH STREET AND NORTHWEST 1ST STREET (COMPLETE LEGAL DESCRIPTIONS AND ADDRESSES ON FILE WITH HEARING BOARDS); MIAMI, FLORIDA, MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami LOCATION: Approximately Along 22nd Avenue Between SW 8th Street and NW 1st Street [Commissioner Joe Sanchez - District 3] FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on February 21, 2007. See companion File ID 06-02104zt. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-26 22nd Avenue Special Overlay District. 06-02104zc - SD-26 - PAB 02-21-07.pdf 06-02104zc - PAB Fact Sheet.pdf 06-02104zc - SD-26 Special District Zoning.pdf 06-02104zc Aerial Map.pdf 06-02104zc - PAB Legislation.pdf 06-02104zc CC Legislation (Version 2).pdf 06-02104zc CC Exhibit A.pdf 06-02104zc CC FR Fact Sheet 12-14-06.pdf 06-02104zc CC FR Fact Sheet 01-25-07.pdf 06-02104zc CC FR Fact Sheet 02-22-07.pdf 06-02104zc PAB Reso.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, Sarnoff, Sanchez, Regalado and Spence -Jones PZ.7 06-00830Iu ORDINANCE First Reading City ofMiami Page 25 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 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 1000 SOUTHWEST 30TH AVENUE, 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 1000 SW 30th Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Fernando and Flor Garcia Tuon FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 18, 2006 by a vote of 7-0. See companion File ID 06-00830zc. PURPOSE: This will change the above property to Medium Density Multifamily Residential. 06-008301u - PAB Fact Sheet.pdf 06-008301u - Analysis.pdf 06-008301u - Concurrency Report.pdf 06-008301u - Comp Plan Map.pdf 06-008301u - Zoning Map.PDF 06-008301u - Aerial Photo.pdf 06-008301u - PAB Legislation.pdf 06-008301u - Application Documents.pdf 06-008301u PAB Reso.PDF 06-008301u CC Legislation (Version 3).pdf 06-008301u & 06-00830zc Exhibit A.pdf 06-008301u CC FR Fact Sheet 01-25-07.pdf 06-008301u CC FR Fact Sheet 02-22-07.pdf MOVED: Tomas Regalado SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PZ.8 06-00830zc 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, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING City ofMiami Page 26 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 1000 SOUTHWEST 30TH AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1000 SW 30th Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Fernando and Flor Garcia Tuon FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on October 30, 2006 by a vote of 5-0. See companion File ID 06-008301u. PURPOSE: This will change the above property to R-3 Multifamily Medium -Density Residential. 06-00830zc Analysis.pdf 06-00830zc Zoning Map.pdf 06-00830zc Aerial Map.pdf 06-00830zc Application & Supporting Docs.pdf 06-00830zc ZB Fact Sheet.pdf 06-00830zc ZB Reso.PDF 06-00830zc CC Legislation (Version 2).pdf 06-008301u & 06-00830zc Exhibit A.pdf 06-00830zc CC FR Fact Sheet 01-25-07.pdf 06-00830zc CC FR Fact Sheet 02-22-07.pdf MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PZ.9 06-01056Iu 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 1292 SOUTHWEST 21ST TERRACE AND 2149 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY 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. City ofMiami Page 27 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 LOCATION: Approximately 1292 SW 21 st Terrace and 2149 SW 13th Avenue [Commissioner Joe Sanchez - District 3] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Luis and Mercedes Palomo and Palomo Holdings, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 6, 2006 by a vote of 5-1. See companion File ID 06-01056zc. PURPOSE: This will change the above properties to Restricted Commercial. 06-010561u - PAB Fact Sheet.pdf 06-010561u - Analysis.pdf 06-010561u - Concurrency Report.pdf 06-010561u - Exhibit C.pdf 06-010561u - Comp Plan Map.pdf 06-010561u - Zoning Map.pdf 06-010561u - Aerial Photo.pdf 06-010561u - PAB Legislation.pdf 06-010561u - PAB Application Documents.pdf 06-010561u PAB Reso.pdf 06-010561u CC Application & Supporting Docs.pdf 06-010561u CC Legislation (Version 2).pdf 06-010561u 06-01056zc CC Exhibit A.pdf 06-010561u CC FR Fact Sheet 01-25-07.pdf 06-010561u CC FR Fact Sheet 02-22-07.pdf CONTINUED Note for the Record: Item PZ.9 was continued to the Planning & Zoning meeting currently scheduled for March 22, 2007. PZ.10 06-01056zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 38, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1292 SOUTHWEST 21ST TERRACE AND 2149 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 28 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 LOCATION: Approximately 1292 SW 21 st Terrace and 2149 SW 13th Avenue [Commissioner Joe Sanchez - District 3] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Luis and Mercedes Palomo and Palomo Holdings, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on October 30, 2006 by a vote of 7-0. See companiton File ID 06-010561u. PURPOSE: This will change the above properties to C-1 Restricted Commercial. 06-01056zc Analysis.pdf 06-01056zc Zoning Map.pdf 06-01056zc Aerial Map.pdf 06-01056zc Letter of Intent.pdf 06-01056zc Application & Supporting Docs.pdf 06-01056zc ZB Fact Sheet.pdf 06-01056zc ZB Reso.PDF 06-01056zc CC Legislation (Version 2).pdf 06-010561u 06-01056zc CC Exhibit A.pdf 06-01056zc CC FR Fact Sheet 01-25-07.pdf 06-01056zc CC FR Fact Sheet 02-22-07.pdf CONTINUED Note for the Record: Item PZ.10 was continued to the Planning & Zoning meeting currently scheduled for March 22, 2007. PZ.11 06-01433zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 621-625 AND 645 NORTHEAST 64TH TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 29 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 LOCATION: Approximately 621-625 and 645 NE 64th Terrace [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Grec Luis Development, Ltd., Contract Purchaser, and Grec/Luis II, Ltd. and Terra Urbana, Ltd., Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on November 13, 2006 by a vote of 6-1. PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential with an SD-12 Buffer Overlay District. 06-01433zc Analysis.pdf 06-01433zc Zoning Map.pdf 06-01433zc Aerial Map.pdf 06-01433zc Application & Supporting Docs.pdf 06-01433zc ZB 10-30-06 Fact Sheet.pdf 06-01433zc ZB 11-13-06 Fact Sheet.pdf 06-01433zc ZB Reso.PDF 06-01433zc Legislation (Version 2).pdf 06-01433zc Exhibit A.pdf 06-01433zc CC FR Fact Sheet 01-25-07.pdf 06-01433zc CC FR Fact Sheet 02-22-07.pdf 06-01433zc Submittal Map & Letter.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to continue item PZ.11 indefinitely until the issue regarding the two-way street has been resolved. PZ.12 06-00397Iu 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 21-23 & 31-33 SOUTHWEST 52ND COURT AND 20-22 & 30-32 SOUTHWEST 52ND 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. City ofMiami Page 30 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 LOCATION: Approximately 21-23 & 31-33 SW 52nd Court and 20-22 & 30-32 SW 52nd Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Rick D. Ruiz, on behalf of Francisco & Teresa Permuy and Guillermo Permuy, Owners 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 06-00397zc. PURPOSE: This will change the above properties to Restricted Commercial. 06-003971u - PAB Fact Sheet.pdf 06-003971u - PAB Legislation.pdf 06-003971u - Analysis.pdf 06-003971u - PAB Concurrency Report.pdf 06-003971u - Comp Plan Map.pdf 06-003971u - Zoning Map.pdf 06-003971u - Aerial Photo.pdf 06-003971u - PAB Application Documents.pdf 06-003971u PAB Reso.pdf 06-003971u CC Concurrency Report.PDF 06-003971u CC Application & Supporting Docs.pdf 06-003971u CC Legislation (Version 2).pdf 06-003971u & 06-00397zc Exhibit A.pdf 06-003971u CC FR Fact Sheet 01-25-07.pdf 06-003971u CC FR Fact Sheet 01-25-07.pdf 06-003971u Submittal Presentation.pdf MOVED: Tomas Regalado SECONDED: Marc David Sarnoff Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones ABSENT: Commissioner Sanchez PZ.13 06-00397zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 31, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 21-23 & 31-33 SOUTHWEST 52ND COURT AND 20-22 & 30-32 SOUTHWEST 52ND AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 31 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 LOCATION: Approximately 21-23 & 31-33 SW 52nd Court and 20-22 & 30-32 SW 52nd Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Rick D. Ruiz, on behalf of Francisco & Teresa Permuy and Guillermo Permuy, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Made a motion to recommend approval, which failed due to the failure to obtain five affirmative votes, constituting a recommendation of denial to City Commission on October 16, 2006 by a vote of 2-4. See companion File ID 06-003971u. PURPOSE: This will change the above properties to C-1 Restricted Commercial. 06-00397zc Analysis.pdf 06-00397zc ZB Zoning Map.pdf 06-00397zc ZB Aerial Map.pdf 06-00397zc ZB Application & Supporting Docs.pdf 06-00397zc ZB 07-10-06 Fact Sheet.pdf 06-00397zc ZB 09-25-06 Fact Sheet.pdf 06-00397zc ZB 10-16-06 Fact Sheet.pdf 06-00397c ZB Reso.PDF 06-00397zc CC Zoning Map.pdf 06-00397zc CC Aerial Map.pdf 06-00397zc CC Application & Supporting Docs.pdf 06-00397zc CC Legislation (Version 2).pdf 06-003971u & 06-00397zc Exhibit A.pdf 06-00397zc CC FR Fact Sheet 01-25-07.pdf 06-00397zc CC FR Fact Sheet 01-25-07.pdf MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones ABSENT: Commissioner Sanchez PZ.14 06-00829Iu 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 399 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY 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. City ofMiami Page 32 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 LOCATION: Approximately 399 NE 82nd Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Katia Traikos, Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 21, 2006 by a vote of 7-0. See companion File ID 06-00829zc. PURPOSE: This will change the above property to Medium -Density Multifamily Residential. 06-008291u - PAB Fact Sheet.pdf 06-008291u - Analysis.pdf 06-008291u - Concurrency Report.pdf 06-008291u - Comp Plan Map.pdf 06-008291u - Zoning Map.pdf 06-008291u - Aerial Photo.pdf 06-008291u - PAB Legislation.pdf 06-008291u - PAB Application Documents.pdf 06-008291u PAB Reso.PDF 06-008291u CC School Impact Review Analysis.pdf 06-008291u CC Application & Supporting Docs.pdf 06-008291u CC Legislation (Version 2).pdf 06-008291u & 06-00829zc Exhibit A.pdf 06-008291u CC FR Fact Sheet 01-25-07.pdf 06-008291u CC FR Fact Sheet 02-22-07.pdf CONTINUED Note for the Record: Item PZ.14 was continued to the Planning & Zoning meeting currently scheduled for March 22, 2007. PZ.15 06-00829zc 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, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 399 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 33 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 LOCATION: Approximately 399 NE 82nd Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Katia Traikos, Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on October 16, 2006 by a vote of 5-1. See companion File ID 06-008291u. PURPOSE: This will change the above property to R-3 Multifamily Medium -Density Residential. 06-00829zc Analysis.pdf 06-00829zc Zoning Map.pdf 06-00829zc Aerial Map.pdf 06-00829zc Application & Supporting Docs.pdf 06-00829zc ZB 07-10-06 Fact Sheet.pdf 06-00829zc ZB 09-11-06 Fact Sheet.pdf 06-00829zc ZB 10-16-06 Fact Sheet.pdf 06-00829zc ZB Reso.PDF 06-00829zc CC Legislation (Version 2).pdf 06-008291u & 06-00829zc Exhibit A.pdf 06-00829zc CC FR Fact Sheet 01-25-07.pdf 06-00829zc CC FR Fact Sheet 02-22-07.pdf CONTINUED Note for the Record: Item PZ.15 was continued to the Planning & Zoning meeting currently scheduled for March 22, 2007. PZ.16 06-01057zc ORDINANCE First 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, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20.1" EDGEWATER OVERLAY DISTRICT AND "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, WITH AN INCREASE OF THE F.A.R. TO 3.0, TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT AND "SD-20.1" EDGEWATER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1756 AND 1770 NORTHEAST 4TH AVENUE, AND 1751-61-71-77 BISCAYNE BOULEVARD, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 34 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 LOCATION: Approximately 1756 and 1770 NE 4th Avenue, and 1751-61-71-77 Biscayne Boulevard [Commissioner Marc Sarnoff - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of V Downtown, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on September 11, 2006 by a vote of 5-1. PURPOSE: This will change the above properties to SD-6 Central Commercial -Residential District and SD-20.1 Edgewater Overlay District. 06-01057zc Analysis.pdf 06-01057zc ZB Zoning Map.pdf 06-01057zc Aerial Map.pdf 06-01057zc Application & Supporting Docs.pdf 06-01057zc Application & Supporting Docs #2.pdf 06-01057zc ZB Fact Sheet 07-10-06.pdf 06-01057zc ZB Fact Sheet 09-11-06.pdf 06-01057zc ZB Reso.PDF 06-01057zc CC Zoning Map.pdf 06-01057zc CC Legislation (Version 2).pdf 06-01057zc CC Exhibit A.pdf 06-01057zc CC FR Fact Sheet 10-26-06.pdf 06-01057zc CC FR Fact Sheet 11-09-06.pdf 06-01057zc CC FR Fact Sheet 01-25-07.pdf 06-01057zc CC FR Fact Sheet 02-22-07.pdf CONTINUED Note for the Record: Item PZ.16 was continued to the Planning & Zoning meeting currently scheduled for March 22, 2007. PZ.17 06-01847Iu 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 3209 SOUTHWEST 23RD TERRACE AND A PORTION OF 2340 SOUTHWEST 32ND AVENUE, 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. City ofMiami Page 35 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 LOCATION: Approximately 3209 SW 23rd Terrace and a Portion of 2340 SW 32nd Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of Renaissance at the Gables, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 6, 2006 by a vote of 4-2. See companion File ID 06-01847zc. PURPOSE: This will change the above properties to Restricted Commercial for the proposed One Major Use Special Permit. 06-008471u - PAB Fact Sheet.pdf 06-018471u - Analysis.pdf 06-018471u - Concurrency Report.pdf 06-018471u - Comp Plan -revised.pdf 06-018471u - Zoning Map -revised (1).pdf 06-018471u - Aerial.pdf 06-018471u - PAB Legislation.pdf 06-018471u - Application Documents.pdf 06-018471u- Exhibit A.pdf 06-018471u PAB Reso.PDF 06-018471u CC Application Supporting Docs.PDF 06-018471u CC School Impact Review Analysis.pdf 06-018471u CC Legislation (Version 2).pdf 06-018471u CC Exhibit A.pdf 06-018471u CC FR Fact Sheet 01-25-07.pdf 06-018471u CC FR Fact Sheet 02-22-07.pdf MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones ABSENT: Commissioner Sanchez PZ.18 06-01847zc 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, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" SPECIAL BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3209 SOUTHWEST 23RD TERRACE AND A PORTION OF 2340 SOUTHWEST 32ND AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN City ofMiami Page 36 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 EFFECTIVE DATE. LOCATION: Approximately 3209 SW 23rd Terrace and a Portion of 2340 SW 32nd Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of Renaissance at the Gables, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on November 13, 2006 by a vote of 7-0. See companion File ID 06-018471u. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed One Major Use Special Permit. 06-01847zc Analysis.pdf 06-01847zc ZB Zoning Map.pdf 06-01847zc Aerial Map.pdf 06-01847zc Application & Supporting Docs.pdf 06-01847zc ZB Fact Sheet.pdf 06-01847zc ZB Reso.PDF 06-01847zc CC Zoning Map.pdf 06-01847zc CC Legislation (Version 2).pdf 06-01847zc CC Exhibit A.pdf 06-01847zc CC FR Fact Sheet 01-25-07.pdf 06-01847zc CC FR Fact Sheet 02-22-07.pdf MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones ABSENT: Commissioner Sanchez Direction by Commissioner Regalado to the Administration to notify the immediate adjacent neighbors of the upcoming second reading zoning change ordinance, and to contact the Golden Pines Neighborhood Association board of directors, through the NET (Neighborhood Enhancement Team) office, to request that they participate in the public hearing of the second reading for this ordinance. PZ.19 06-01243mu 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, FOR THE OMNI DEVELOPMENT PROJECT, TO BE LOCATED AT APPROXIMATELY 1501-1701 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT A SIX -BUILDING MIXED -USE DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 584 FEET TO 644 FEET TO BE COMPRISED OF APPROXIMATELY 4,208 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 350,200 SQUARE FEET OF RETAIL SPACE; AND City ofMiami Page 37 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 APPROXIMATELY 6,154 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. LOCATION: Approximately 1501-1701 Biscayne Boulevard [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Downtown Miami Mall, LLC and Downtown Miami Hotel, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* (excluding conditions 11 b and 11c) to City Commission on September 20, 2006 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow the development of the Omni Development project. City ofMiami Page 38 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 06-01243mu - PAB Fact Sheet.pdf 06-01243mu - PAB Analysis.pdf 06-01243mu - 3D Photo.pdf 06-01243mu - Zoning Map.pdf 06-01243mu - Aerial Photo.pdf 06-01243mu - Projects in the Vicinity.pdf 06-01243mu - Traffic Sufficiency Letter (6.29.06).pdf 06-01243mu - UDRB Resolution (6.21.06).pdf 06-01243mu - Large Scale Development Committee Sign -In Sheet (5.24.06).pdf 06-01243mu - Miami -Dade County Planning Comments (5.17.06).pdf 06-01243mu - School Board Comments (5.17.06).pdf 06-01243mu - Public Works Comments (5.4.06).pdf 06-01243mu - MDAD Planning Comments (5.3.06).pdf 06-01243mu - Solid Waste Comments (5.1.06).pdf 06-01243mu - Pre -Application Meeting Sign -In Sheet (4.4.06).pdf 06-01243mu - IDRC Comments (3.14.06).pdf 06-01243mu - PAB Legislation.pdf 06-01243mu - Exhibit A.pdf 06-01243mu - Exhibit B.pdf 06-01243mu PAB Reso.PDF 06-01243mu - Front Cover.PDF 06-01243mu - Inside Cover.PDF 06-01243mu - Table of Contents (1 to III).PDF 06-01243mu - 1 - A Letter of Intent.PDF 06-01243mu - 1 - B Major Use Special Permit Application.pdf 06-01243mu - 1 - C Zoning Write Up.PDF 06-01243mu - 1 - D Zoning Atlas.PDF 06-01243mu - 1 - E Project Data Sheet.PDF 06-01243mu - 1 - F Deed-Computer.PDF 06-01243mu - 1 - G Ownership List.PDF 06-01243mu - 1 -I Directory of Project Principals.PDF 06-01243mu - 1 - H State of Florida Documents.PDF 06-01243mu - 1 Project Information (A to 1).PDF 06-01243mu - 11 Project Description (A Zoning Ordinance No. 11000, 1 to 4).PDF 06-01243mu - III Supporting Documents (Tab 1 to Tab 6).PDF 06-01243mu - III - Tab 1 06-01243mu - III - Tab 2 06-01243mu - III - Tab 2 06-01243mu - III - Tab 2 06-01243mu - III - Tab 2 06-01243mu - III - Tab 2 06-01243mu - III - Tab 2 06-01243mu - III - Tab 2 06-01243mu - III - Tab 2 06-01243mu - III - Tab 2 06-01243mu - III - Tab 2 06-01243mu - III - Tab 2 06-01243mu - III - Tab 3 06-01243mu - III - Tab 4 06-01243mu - III - Tab 5 06-01243mu - III - Tab 6 Minority Construction Employment Plan.PDF Sufficiency Letter -Traffic Impact Analysis(Appendix A to I, Appendix A Methodology Correspondence.PDF Appendix B Traffic Count Data.PDF Appendix C Miami -Dade Transit Data.PDF Appendix D Existing Conditions (2006).PDF Appendix E Growth Trend Analyses.PDF Appendix F Cardinal Trip Distribution.PDF Appendix G Volume Development Worksheets.PDF Appendix H Future Conditions(2020 without Project).PDI Appendix J Driveway Queuing Analysis.PDF Appendix K Future Project Information.PDF Site Utility Study.PDF Econimic Impact Study.PDF Survey of Property.PDF Drawings Submitted.PDF 06-01243mu CC Analysis.pdf 06-01243mu CC Legislation (Version 2).pdf City ofMiami Page 39 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 06-01243mu CC Fact Sheet 11-09-06.pdf 06-01243mu CC Fact Sheet 01-25-07.pdf 06-01243mu CC Fact Sheet 02-22-07.pdf CONTINUED A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chairman Sanchez absent, to continue item PZ.19 to the City Commission meeting currently scheduled for March 22, 2007. PZ.20 06-00620v 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, SECTION 2502, REQUIRING YARDS ADJACENT TO STREETS TO BE THREE -FOURTHS (3/4) OF THE FRONT YARD DEPTH REQUIREMENT, REQUIRED 7'6", PROPOSED 3'11", VARIANCE REQUESTED 3'7", FOR THE PROPERTY LOCATED AT APPROXIMATELY 4899 SOUTHWEST 8TH STREET, MIAMI, FLORIDA. 06-00620v Analysis.pdf 06-00620v Zoning Map.pdf 06-00620v Aerial Map.pdf 06-00620v Letter of Intent.pdf 06-00620v Application & Supporting Docs.pdf 06-00620v Plans.pdf 06-00620v ZB Fact Sheet.pdf 06-00620v ZB Reso.PDF 06-00620v Appeal Letter.PDF 06-00620v CC Legislation (Version 3).pdf 06-00620v CC Exhibit A.pdf 06-00620v CC Legislation (Version 4).pdf 06-00620v CC Exhibit A.pdf 06-00620v CC Fact Sheet.pdf 06-00620v Submittal.pdf R-07-0109 MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez and Sanchez PZ.21 06-01640x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, City ofMiami Page 40 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES OF C-1 RESTRICTED COMMERCIAL (15), TO ALLOW SALES OF USED AUTOMOBILES, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2220 NORTHEAST 2ND AVENUE AND 180 AND 186 NORTHEAST 23RD STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 06-01640x Analysis.pdf 06-01640x Zoning Map.pdf 06-01640x Aerial Map.pdf 06-01640xApplication & Supporting Docs.pdf 06-01640x Plans.pdf 06-01640x ZB Fact Sheet.pdf 06-01640x ZB Reso.PDF 06-01640x Appeal Letter.PDF 06-01640x CC Legislation (Verison 3).PDF 06-01640x Exhibit A.pdf 06-01640x CC Legislation (Verison 4).PDF 06-01640x Exhibit A.pdf 06-01640x CC Fact Sheet 01-25-07.pdf 06-01640x CC Fact Sheet 02-22-07.pdf 06-01640x Submittal Photos.pdf R-07-0110 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones ABSENT: Commissioner Sanchez PZ.22 05-00076x 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 SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.7.2, REDUCTION IN PARKING REQUIREMENTS FOR HOUSING FOR LOW INCOME FAMILIES AND INDIVIDUALS, TO ALLOW A 28.29% PARKING REDUCTION AS FOLLOWS: TO WAIVE 71 OF THE REQUIRED 251 PARKING SPACES, PROPOSED 180 PARKING SPACES, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5600 NORTHEAST 4TH AVENUE AND 368 NORTHEAST 57TH STREET, MIAMI, FLORIDA. City ofMiami Page 41 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 LOCATION: Approximately 5600 NE 4th Avenue and 368 NE 57th Street [Commissioner Michelle Spence -Jones - District 5] APPELLANT(S)/APPLICANT(S): Tony Recio, Esquire, on behalf of Pinnacle Place, Ltd., Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the Special Exception. ZONING BOARD: Denied the Special Exception on November 13, 2006 by a vote of 5-0. PURPOSE: The approval of this appeal will allow a reduction in parking requirements for housing for low-income families and individuals. 05-00076x ZB Analysis.pdf 05-00076x Zoning Map.pdf 05-00076x Aerial Map.pdf 05-00076xApplication & Supporting Docs.pdf 05-00076x ZB Fact Sheet.pdf 05-00076x ZB Reso.PDF 05-00076x Appeal Letter.PDF 05-00076x CC Analysis.PDF 05-00076x ZB Zoning Write Up.pdf 05-00076x CC Zoning Write Up.pdf 05-00076x Plans.pdf 05-00076x CC Legislation (Version 3).pdf 05-00076x CC Exhibit A.pdf 05-00076x CC Legislation (Version 4).pdf 05-00076x CC Fact Sheet 01-25-07.pdf 05-00076x CC Fact Sheet 02-22-07.pdf 05-00076x Submittal Letter.pdf CONTINUED A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to continue item PZ.22 to the City Commission meeting currently scheduled for March 22, 2007. PZ.23 06-01066x 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 GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW MULTIFAMILY RESIDENTIAL STRUCTURES OF A DENSITY EQUAL TO R-3 OR HIGHER, IN THIS CASE, R-4 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5211 NORTHWEST 17TH AVENUE, 1629 NORTHWEST 52ND STREET AND 1630-1640 NORTHWEST 53RD STREET, MIAMI, FLORIDA. City ofMiami Page 42 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 LOCATION: Approximately 5211 NW 17th Avenue, 1629 NW 52nd Street and 1630-1640 NW 53rd Street [Commissioner Michelle Spence -Jones - District 5] APPELLANT(S): Herschel Haynes, Adjacent Property Owner, on behalf of Hadley Park/Model City Homeowners Association, as well as Lena Canty, Elmira Green, Bertha Thomas, Henry Goa, Bobby McGhee, Lillie Williams and Moselle Bell APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Mayor Realty, Inc. and ALCO Group, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the Special Exception. ZONING BOARD: Granted the Special Exception with conditions* on September 25, 2006 by a vote of 5-1. *See supporting documentation. PURPOSE: The approval of this appeal will not allow multifamily residential structures of a density of R-3 or higher in the C-2 district. 06-01066x Analysis.pdf 06-01066x Code Enforcement 09-15-06.pdf 06-01066x Zoning Map.pdf 06-01066x Aerial Map.pdf 06-01066x Letter of Intent.pdf 06-01066xApplication & Supporting Docs.pdf 06-01066x Plans.pdf 06-01066x ZB Fact Sheet.pdf 06-01066x ZB Reso.PDF 06-01066x Appeal Letter.PDF 06-01066x CC Legislation (Version 3).pdf 06-01066x CC Exhibit A.pdf 06-01066x CC Legislation (Version 4).pdf 06-01066x CC Exhibit A.pdf 06-01066x CC Fact Sheet 01-25-07.pdf 06-01066x CC Fact Sheet 02-22-07.pdf CONTINUED A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to continue item PZ.23 to the City Commission meeting currently scheduled for March 22, 2007. NON -AGENDA ITEMS NA.1 07-00296 DISCUSSION ITEM DISCUSSION REGARDING CREATING AN IMPROVED PROCESS FOR BLUE PAGE (DISTRICT) ITEMS. DISCUSSED Direction by Vice Chairman Sanchez to the City Manager to prepare legislation that provides for a proper, improved process for blue page items; more particularly, the process should include recommendations from the Administration when blue page items result in City ofMiami Page 43 Printed on 2/27/2007 City Commission Marked Agenda February 22, 2007 ordinances. NA.2 07-00290 DISCUSSION ITEM DISCUSSION REGARDING THE STATUS OF UNION NEGOTIATIONS IN PROGRESS. DISCUSSED Direction by Chairman Gonzalez to the City Manager to meet with all five Commissioners next week to provide updates on all union contract negotiations in progress. NA.3 07-00291 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE HOURS OF SALE FOR ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES OF THE PAWN SHOP LOUNGE, LOCATED AT 1222 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, TO ACCOMMODATE TWO EVENTS ASSOCIATED WITH THE WINTER MUSIC CONFERENCE, ON MONDAY, MARCH 20, 2007, FROM 5:00 A.M.-7:00 A.M. THROUGH SUNDAY, MARCH 25, 2007, FROM 5:00 A.M.-7:00 A.M., PURSUANT TO CHAPTER 4/ARTICLE 1/SECTION 4-3, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL/HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES." R-07-0105 MOVED: Marc David Sarnoff SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones NA.4 07-00295 DISCUSSION ITEM BRIEF DISCUSSION REGARDING HOME DEPOT PROJECT. DISCUSSED MOTION TO ADJOURN A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chairman Sanchez absent, to adjourn today's meeting. City ofMiami Page 44 Printed on 2/27/2007