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HomeMy WebLinkAboutSubmittal presented by John LukacsLU �-- CY) Lu FNJ 'T9 U-I Q. - 5 6 BACKGROUND; EXHIBITS, CODE VIOLATION, § 2-34; PRESIDING OFFICER JULY 22, 2004, MEETING MINUTES, AMENDMENT TO GI ZONING ORDINANCE SEPTEMBER 27, 2004, MEETING MINUTES, AMENDMENT TO GI ZONING ORDINANCE 2004 TEXT AMENDMENT GI ZONING ORDINANCE, PLANNING FACT SHEET, ANALYSIS OF !ZONING CHAT%F_: BOBBY MADURO STADIUM CHANGE OF ZONING FROM GI TO R-3, ANALYSIS FOR ZONING CIIIANGE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, EXCERPTS CITY OF MIAMI EVALUATION AND APPRAISAL REPORT, EXCERPTS ZONING CODE DEFINITIONS, COMPATIBILITY, CONTEXT, CHARACTER, BULK, SCALE, VARIANCE SPI-10, MERCY HOSPITAL OVERLAY DISTRICT, § 15101. INTENT 8 9 10 11 MERCY HOSPITAL HAS OPTIONS IF R-4 REZONING IS DENIED. 12 IN RE: 300 GROVE BAY RESIDENCES MOTION TO DECLARE DENIAL OF REZONING APPLICATION AT FIRST READING ON JANUARY 25, 2007 BACKGROUND SUBMITTED INTO THE PUBLIC RECORD FOR ITEM%'' ONs-arl -01 . 1. The property which is the subject of this dispute ("Subject Property") is owned by Mercy Hospital, Inc., a Florida not for profit organization. The Subject Property consists of approximately 6.723 acres and is presently improved as a surface parking lot used in connection with Mercy Hospital's operations. The Subject Property is located adjacent and contiguous to Biscayne Bay. Its approximate address is 3663 S. Miami Avenue. 2. The Subject Property is currently under contract for purchase by TRG MH Venture Ltd., a Florida limited partnership, which is comprised of multiple business entities including, The Related Group of Florida, a Florida general partnership ("Related Group"). A true copy of the organizational structure and interested parties in TRG MH Venture Ltd. is attached hereto as Exhibit 3. The Related Group proposes to develop the Subject Property with three multi -story residential condominium towers totaling 300 units known as 300 Grove Bay Residences ("Project"). As proposed, the heights of the three towers at their tallest points are approximately 410 feet, 367 feet and 304 feet. Arranged in an east -west direction, the tallest building will be approximately 37 stories, the center tower will be approximately 32 stories and the western tower will be approximately 27 stories. The Subject Property is and the proposed condominium towers would be situated approximately 1300 feet from the nearest point of Grove Isle's ownership. 4. The Subject Property is presently zoned Government/Institutional. To develop the Subject Property as proposed, the Related Group must, among other things, change the existing zoning of the property from Government/Institutional to R-4, Multi -Family High Density Residential. The Related Group is presently seeking, among other things, this change of zoning to facilitate its development of the Project. 5. On or about June 2, 2004, the Planning and Zoning Department recommended to the Planning Advisory Board, an amendment to the Government/Institutional zoning ordinance "in order to prevent incompatible uses from occurring within low density neighborhoods when G/I zoned property ceases to be used for Government and/or Institutional Uses". According to the Planning and Zoning Department, this could be "accomplished by specifying that when G/I zoned property is not going to be used for Governmental and Institutional uses (including accessory uses) it can only be used as per the less intense abutting zoning district." The City of Miami's Planning Advisory Board considered this change to be in the best interests of the citizens of the City of Miami, approved the Planning and Zoning Department's recommendation and unanimously recommended approval of this change to the City Commission. A true copy of the City of Miami Planning and Zoning Department Planning Fact Sheet dated July 14, 2004, is attached hereto as Exhibit "B" (Emphasis Supplied). 6. On July 22, 2004 and on September 27, 2004, the City Commission, upon the unanimous recommendation of the Planning Advisory Board, approved the text amendment of the Government/Institutional Zoning Ordinance as proposed. In doing so, the City Commission expressly determined this amendment to be in the best interests of the citizens of the City of Miami. A true copy of Ordinance No. 12592, passed by the City Commission on second reading on September 27, 2004, is attached hereto as Exhibit "C". Page 2 of 10 SUBMITTED INTO THE PUBLIC RECORD FOR 7. To protect against and "prevent incompatible uses from occurring in low density neighborhoods" when GI zoned property ceases to be used for Government and Institutional uses, the City Commission, by adoption of this text amendment, expressly limited the maximum intensity of residential uses on the Subject Property from R-4 Multi -Family High Density Residential to "the least intense abutting zoning district". 8. By its application to rezone the Subject Property, the Related Group is asking the City Commission to waive the "intensity" limitations imposed by the September 27, 2004 text amendment to the GI zoning ordinance and allow it to develop its Project to R-4 Multi -Family High Density Residential, in direct contravention of the rights and protections afforded the citizens of the City of Miami's through the adoption of this 2004 text amendment. To do so would grant the Related Group a special privilege and constitute spot zoning where no lawful basis for the same exists. 9. The Planning Department of the City of Miami includes the Land Development and Urban Design Divisions. The Land Development Division is responsible for, among other things, analyzing and making recommendations on development proposals, special permits, variances, changes of zoning, and land use designation changes that affect the general welfare of the City of Miami. The Urban Design Division is responsible for, among other things, developing and implementing a visionary plan for the future development of the City of Miami. 10. On April 4, 2006, at the early stages of the Related Group's Project these Divisions of the City of Miami Planning Department analyzed the Project. This analysis involved reviewing the proposed Project from the standpoint of Zoning, Urban Design and Architecture. 11. On April 4, 2006, the Planning Department provided the following Design Review Comments regarding the Related Group's proposed Project: "The change of zoning of this property from G/I to R-4, combined additional FAR gained from bay frontage and adjacent roads, results in a project density that is inappropriate for Page 3 of 10 SUBMITTED INTO THE PUBLIC RECORD FOR the existing conditions of this area. The FAR bonuses in the application further exacerbate this situation. The Planning Department feels that the project is out of scale with the area, and that if the applicant chooses to rezone the property, it should be to a land use that is consistent with the adjacent neighborhood, which is R-1 zoning." (Emphasis Supplied) A true copy of the City of Miami Planning Department Design Review Comments is attached hereto as Exhibit "D" (Emphasis Supplied). 12. On April 4, 2006, the City Manager of the City of Miami was Joe Arriola. The Assistant City Manager/Chief of Operations at that time was Alicia Cuervo Schreiber. The Director of Planning for the City of Miami on April 4, 2006, was Ana Gelabert-Sanchez. At all times material herein, Bill Thompson was Senior Vice President of the Related Group and a Project Executive for the Related Group Project at 300 Grove Bay Residences. 13. On April 18, 2006, Assistant City Manager Alicia Cuervo Schreiber requested that Planning Director Ana Gelabert-Sanchez contact Bill Thompson of the Related Companies about his Project related "questions/concerns regarding the pre -application meeting date which has not been set met and his deadline for his Large Scale submission by May." Ms. Gelabert was asked by Ms. Cuervo Schreiber to contact Mr. Thompson before the end of the day. Ms. Gelabert-Sanchez was also asked to call Ms. Cuervo-Schreiber thereafter to brief her as Ms. Cuervo-Schreiber had a meeting scheduled with Bill Thompson and City Manager Arriola the following morning, April 19th. True copies of e- mails sent by and/or on behalf of Ms. Cuervo on April 18, 2007 are attached hereto as Exhibit "E". 14. On April 20, 2007, a day after Mr. Thompson's scheduled meeting with City Manager Arriola and Assistant City Manager Cuervo-Schreiber, a pre -application meeting was held. In attendance at that meeting was a representative of the City's Planning Department, a representative of the City Manager's Office and, seven representatives for the Related Group. In attendance on behalf SUBMITTED INTO THE PUBLIC RECORD FOR ITEM `3 ON3)loi Page 4 of 10 of the City of Miami were Kevin Wolford of the Planning Department and Alicia Cuervo Schreiber of the City Manager's Office. In attendance on behalf of the Related Group were Bill Thompson and two additional Related Group representatives, two representatives of Architectonica; the architects for the Project, and two attorneys from Greenberg Traurig, the attorneys for the Project. A true copy of the sign -in sheet for the Pre -Application Meeting held on April 20, 2007, is attached hereto as Exhibit "F" (Emphasis Supplied). 15. On May 25, 2006, Assistant City Manager Cuervo Schreiber tendered her resignation to City Manager Arriola advising that she had decided to "accept a position in the development industry". The position to be taken by Ms. Cuervo Schreiber within the development industry was a position with the Related Group. 16. On or about June 7, 2006, the Related Group filed its application for a Change of Zoning from Government/Institutional to R-4 and for a Major Use Special Permit to facilitate its development of the Project. 17. Assistant City Manager Cuervo Schreiber's last day at the City of Miami was on or about June 23, 2006. Since joining the Related Group, Ms. Cuervo Schreiber has been elevated to Sr. Project Manager of the Project at 300 Grove Bay Residences. 18. Thereafter and sometime prior to the first scheduled Zoning Board Meeting, the Planning Department issued what it called an "Analysis for Zoning Change". Therein, the Planning Department, contrary to the Planning Department's April 4, 2006, Design Review Comments, recommended that the Related Group's requested zoning change to R-4 Multi -Family High Density Residential be granted because, most noteworthy, "it would provide greater flexibility in developing the proposed residential use" at the Subject Property. A true copy of the "Analysis for Zoning Change" is attached hereto as Exhibit "G" (Emphasis Supplied). SUBMITTED INTO TH E Page 5 of 10 PUBLIC RECORD FOR ITEM 111.3ON3a'7.U7, 19. On September 11, 2006, a hearing on the Related Group's requested zoning change was held before the City of Miami Zoning Board. The Zoning Board rejected the Planning Department's recommendation for approval of the Related Group's requested change of zoning to R- 4, Multifamily High -Density Residential and recommended denial of the requested zoning change. 20. On September 20, 2006, the City of Miami's Planning Advisory Board ("PAB") declined to approve two (2) Planning Department recommendations in favor of the Project. The PAB did not approve the Planning Department's recommended change to the Future Land Use Map for the Subject Property to "High -Density Multifamily Residential" nor the Planning Department's recommendation for a Major Use Special Permit to allow the Related Group to construct the Project on the Subject Property. NOTWITHSTANDING, THE CITY COMMISSION DECIDES..... 21. Notwithstanding the rights afforded by the 2004 text amendment to the G/I zoning ordinance and the underlying intent to protect the public against incompatible uses occurring in low density neighborhoods; and, notwithstanding the Planning Department's April 4, 2006, determination that the requested change of zoning from G/I to R-4 (i) would result in a Project density that is inappropriate for the existing conditions of the area, and (ii) would result in a Project that is out of scale with the area and, that a change of zoning for the Subject Property should be to a land use consistent with the adjacent R-1 zoned neighborhood; and, notwithstanding the Zoning Board's September 11, 2006, recommendation of denial of the Related Group's rezoning request; and notwithstanding the September 20, 2006, Planning Advisory Board's failure to approve the land use designation of the subject Property and Major Use Special Permit for the Project, the City Commission decided, on January 25, 2007, by a vote of three to two (3-2) to approve the Related Group's requested change of zoning for the Subject Property frS(JBMITt4NiTO TH E Pa e 6 of 10 PUBLIC RECORD FOR g ITEM! ON 3-aq-o9. Multi -Family High -Density Residential. The Commissioners voting in favor of the Related Group's rezoning request were Commissioners Sanchez and Gonzalez' and, Commissioner Spence -Jones. 22. Grove Isle has consistently opposed the Project before the Zoning Board, the Planning Advisory Board and the City Commission based upon facts known to it at the time. Grove Isle will suffer adverse effects as a result of the City's adoption of the resolution authorizing a re -zoning of the subject property. If developed, the Project's immense size, incompatible scale with the area, bulk, height, mass, and total lack of context will irreparably and adversely affect Grove Isle's quality of life, light and view and negatively impact its market value. The Project will totally envelop and overwhelm the low -scaled character of the surrounding area and irreparably alter the landscape of the area. The rezoning of the Subject Property effectively invalidates the rights and protections afforded by the 2004 text amendment to the Government/Institutional zoning ordinance, the protections of which were adopted for the benefit of Grove Isle and every other citizen of the City of Miami. Grove Isle's interests are protected by the zoning code, development standards and comprehensive neighborhood plan all of which are designed to protect Grove Isle and every other the citizens' quality of life within the City of Miami. The Related Group's proposed Project introduces unauthorized incompatible high density high intensity residential uses that are inconsistent with existing zoning protections and in fact prohibited by the existing zoning protections and, which are inconsistent with, or do not further, the comprehensive neighborhood plan. THE CITY CODE DOES NOT PERMIT THE PRESIDING OFFICER TO MOVE, SECOND, DEBATE AND VOTE ON MA 1-1'hRS BEFORE THE CITY COMMISSION UNLESS THE PRESIDING OFFICER "RELINQUISHES THE CHAIR". 1 Commissioners Sanchez and Gonzalez were two (2) of the four' (4) Commissioners who voted in favor of the September 2004 text amendment to the G/I zoning ordinance which was intended to "prevent incompatible uses from occurring in low density neighborhoods" and to protect the citizens of the City of Miami against the intensity and density of the precise type of R-4 development sought by the Related Group hereir8 U B M I TT E D INTO TH E Page7of 10 PUBLIC RECORD FOR lTEM.k ON3'1. 23. In the City of Miami, the Mayor is the presiding officer of the City Commission with the authority to designate another member of the city commission to serve as presiding officer? 24. If the Mayor designates another member of the City Commission to serve as presiding officer, that member of the City Commission may not move, second, debate or vote, unless that member relinquishes the chair, and then, subject only to the limitations imposed on all the members.3 25. On January 25, 2007, the Mayor of the City of Miami did not serve as the presiding officer of the City Commission. 26. On January 25, 2007, City Commissioner Angel Gonzalez served as the presiding officer of the City Commission when it considered, on first reading, the matter of the Related Group's application for the rezoning of the Subject Property. 27. On January 25, 2007, Commissioner Gonzalez was prohibited from moving, seconding, debating or voting on the matter of the Related Group's rezoning application until and 2 City Charter, City of Miami, Article 4, (g)(1): Powers and Duties of Mayor. The mayor shall serve as the chief executive officer and head of the city government with the following specific powers and duties: (1) The mayor shall be the presiding officer of the city commission with the authority to designate another member of the city commission to serve as presiding officer. 3 Section 2-34. Presiding Officer; Vacancy: (a) In accordance with provisions of City Charter section 4(g)(1), the mayor may be the presiding officer of the city commission with the authority to designate another member of the city commission to serve as presiding officer. (b) The mayor as presiding officer, shall not move, second, debate or vote. If the presiding officer is a member of the city commission, the presiding officer, upon relinquishing the chair, may move, second, debate and vote, subject only to such limitations as are imposed on all members. (c) In the event of a vacancy in the office of mayor as contemplated in section 12 of the City Charter, the city commissioner designated as the presiding officer/chair, or, in the absence of same, the city commissioner designated as the vice chair, or, in the absence of both, a city commissioner appointed by a majority vote of the city commission shall serve as the ceremonial head of city government until the mayoral vacancy is filled. (Code 1967, § 2-10; Ord. No. 10927, § 1, 10-3-91; Code 1980, It/ 97; Ord. No. 11642, § 2, 4-14-98) Page 8 of 10 rrr ft1t°d8ThE PUBLIC RECORD FOR unless he "relinquished the chair" as required by Section 2-34(b) of the City Code. 28. On January 25, 2007, Commissioner Gonzalez, debated and voted in favor of the Related Group's rezoning application but did not "relinquish the chair" as mandated by Section 2- 34(b) of the City Code, prior to doing so. At all times material herein, the City Commission was represented by the City Attorney's office. 29. On January 25, 2007, the Clerk of the City Commission announced that the Related Group's application for rezoning passed by a three to two (3-2) vote in favor thereof. Commissioner Gonzalez' vote was one (1) of three (3) votes in favor. Without Commissioner Gonzalez' vote, the Related Group's rezoning application fails. 30. Commissioner Gonzalez' vote in favor of the Related Group's rezoning application is a nullity as his debate and vote were made in direct contravention of the clear and unambiguous language of Section 2-34(b) of the City Code. Accordingly, the City Commission's deliberation and vote on the Related Group's rezoning application, in reality, resulted in a two to two (2-2) tie, and not a three to two (3-2) approval as announced by the City Clerk. A two to two (2-2) tie vote is tantamount to a denial of the application. 31 In view of Commissioner Gonzalez' failure to comply with Section 2-34(b) of the City Code and the resulting tie vote and effective denial of the rezoning application on first reading, this matter is closed. Accordingly, pursuant to Section 2-34(b) of the Code of the City of Miami, I hereby request that Commissioner Gonzalez' vote in favor of the Related Group's rezoning application be declared a nullity as his debate and vote were made in direct contravention of the clear and unambiguous language of Section 2-34(b) of the City Code and that the record reflect that the application fails as a result of a two to two (2-2) tie vote. Page 9 of 10 SUBMITTED INTO THE PUBLIC RECORD FOR ITEMa:d3 ON 3--Pq-07, By: John C. Lukacs, P.A. Counsel for Plaintiff 201 Sevilla Avenue, Suite 305 Coral Gables, Florida 33146 Tel: 305.445.4425 Fax: 305.445.2210 V John C. Lukacs Florida Bar No. 362727 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM,' ON 3-,n-e9 . Page 10 of 10 EXHIBIT "A" SUBMITTED INTO THE PUBLIC RECORD FOR ITEM�.i3 ON3i-c1. CONTRACT PURCHASER DISCLOSURE OF OWNERSHIP 3. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name(es) TRG MH Venture, Ltd. Subject Property Address(es) approx. 3663 S. Miami Avenue See attached Exhibit "A" Telephone Number 305-460-9900 E-mail Address See attached Exhibit "B" 4. Street address(es) and legal description(s) of any property: a) Owned by any party listed in answer to question #1; and b) Located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address Legal Description None 7- Iris V. Escarra Owner or Attorney Name Owner or • ' orney Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 7 day of AAA-C._ 20 15<o , by Iris V. Escarra who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) PUBLIC RECORD FOR R..ol7EM�� ON'��l^� ignatur9..�., „ Oi•FIC1AL NOT " SEAL MARISOL R CONZALEZ NOTARY PUBLIC.' STATE OF FLORIDA COMMISSION NO. DDI48882 MYCC:.MMI SF2ON EXP. SEPT 17,2006 EXHIBIT "A" 0.10'%o GP TRG MR, LLC EXHIBIT "B" TRG MH VENTURE, LTD., a Florida litnited'partnership 100%. MEMBER 44.909E LP OCEAN LAND EQUITIES, LTD. JMP MH, LLC l00% MEMBER TRELCOM DEVELOPMENT, LTD. 0.l%GP TRELCOM DEVELOPMENT, INC. I 99.9% LP THE RELATED GROUP OF FLORIDA, a Florida general partnership [see next sheet] SUBMITTED INTO THE PUBLIC RECORD FOR OCEAN LAND EQUITIES, LTD. 1%GP OCEAN LAND EQUITIES, INC. 80% S/H 20% S/H MARK ISSENMAN 39.20% Class A LP & 50%Class B LP FRIC, LTD. 1% GP IFRIC, LLC 100% MEMBER JEAN FRANCOIS ROY 99% LP 9.80% Class A LP MI OCEAN INVESTMENTS, LTD. JEAN FRANCOIS ROY & DIANE CHATEUNEUF ROY, as Joint Tenants by the Entirety 99% LP \ 1% GP MI, LLC 100% MEMBER MARK ISSENMAN. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM' -ON 3 �, Jorge M: Perez Related Florida, Inc., a Florida corporation m C C Fp 2 " Q C, Z Q Z ot)GIo o Q T I617326 3 73 m \I% GP Related Florida, Ltd., Related General of Florida, Ltd., a Florida limited partnership a Florida limited partnership Jorge M. Perez The Related Companies, L.P., a New York limited partnership 100% RCMP, Inc., a Delaware corporation The Related Companies, LP., a.New York limited partnership 99% 75% Managing GP GP• 99% .LP .25% GP The Related Group of Florida, a Florida general partnership EXHIBIT "B" SUBMITTED INTO THE PUBLIC RECORD FOR ITEIVILL'1.'ON9ri-o-i, SUBMITTED INTO THE PLANNING FACT SHEET PUBLIC RECORD FOR ITEM ON3_r) fl APPLICANT Planning and Zoning Department HEARING DATE June 2, 2004 REQUEST/LOCATION Amendment to Article 4 of Zoning Ordinance No. 11000. LEGAL DESCRIPTION N/A. PETITION Consideration of an ordinance amending Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 4, Section 401, Schedule of District Regulations, relating to the GA Govemment and Institutional zoning district, by permitting non govemmental and institutional uses only if ancillary to the govemmental and institutional uses permitted, and to the extent of Tess intense permitted use of the abutting property only, containing a repealer provision, a severability clause; and providing for an effective date. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval. The proposed amendment is in order to prevent incompatible uses from occurring within low density neighborhoods when a GA zoned property ceases to be used for Govemment and/or Institutional uses. This is accomplished by specifying that when a GA zoned property is not going to be used for Govemment and Institutional uses (including any associated accessory uses), it can only be used as per. the less intense abutting zoning district. PLANNING ADVISORY BOARD Recommended approval (as VOTE: 8-0 modified) to City Commission. CITY COMMISSION July 22, 2004 APPLICATION NUMBER 2004-047 Item #7 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 7/14/2004 Page 1 EXHIBIT "B" PLANNING FACT SHEET APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESORPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CRY COMMISSION APPLICATION NUMBER Planning and Zoning Department June 2. 2004 Amendmsr4 to Movie 4 oI Zoning Ordinance No. 11000. PLANNING FACT SHEET ' APPLICANT INTO THE, FORURIC RECORD ON b-Dig-rt Planning an onpartment NIA. Considers6on of an polran a amending OrdinMwro No. 11000. as amended. 6w Zoning Otd moos of the City of Wama by amending Artois 4. Section 401. Schedule of District Regulates*, misting to the GA Government and be6ft,ffonsl zoning dead. by permitting non government and Institutional uses only if andilary to 1m government*, and b s6W6onsl tees penritted, and to the aodent of iaa intense permitted use or the .butting property only, coteining a repealer previa.. ssvarabiltyr c u.s: and providing for an ANNOY The proposed amendment Is In order to . prevent Incompatible uses Dian ooarnhnp within low density neighborhoods whin . GA zoned property ceases to be used for Goverment and/or Irelhalonel uses. This Is acaarp&rshsd by spaellying V s1 when a GA zoned properly Is 001 gdog 10 be used for Government and kettul octal uses graluding any essod.ted accessory madan only zonibe used ar, peril* tea Intense abutting approval modified) b C. July 22.2004 2004-047 VOTt:: 8-0 hem1/7 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 $1V 3*AVEWe. 3 Ft.00 • MIm. r1 OVDA. 33130 Brune pgsy 418-1400 Date: 711412004 Pew 1 HEARING DATE June 2, 2004 REQUEST/LOCATION Amendment to Article 4 of Zoning Ordinance No. 11000. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval The proposed amendment is in order to prevent incompatible uses from occurring within low density neighborhoods when a G/I zoned property ceases to be used for Government and/or Institutional uses. This is accomplished by specifying that when a G/I zoned property is not going to be used for Government and Institutional uses (including any associated accessory uses), it can only be used as per the the less intense abutting zoning district. PLANNING ADVISORY Recommended approval VOTE: 8-0 BOARD (as modified) to City Commisdion. EXHIBIT "C" SUBMITTED INTO THE PUBLIC RECORD FOR ITEACes2- ON3 City of Certifie MITTED INTO THEyHaU 3500 Pan American Drive IC RECORD FRmov.com3 ITEM'_ON -9'7r. File Number: 04-00672 Enactment Number: 12592 AN ORDINANCE AMENDING SECTION 401 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITILED, "SCHEDULE OF DISTRICT REGULATIONS" RELATING TO THE G/I GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT BY PERMITTING NON -GOVERNMENTAL AND INSTITUTIONAL USES ONLY IF ANCILLARY TO THE GOVERNMENTAL AND INSTITUTIONAL USES PERMITTED, AND TO THE EXTENT OF LESS INTENSE PERMITTED USE OF THE ABUTTING PROPERTY ONLY, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The G/I Government and Institutional Zoning District is designed to allow the development of facilities for federal, state and local govemment activities and for institutional uses such as major public and private health, recreational, religious, educational and cultural facilities; and WHEREAS, the G/I zoning district also permits uses ancillary to these government and institutional uses; and WHEREAS, the G/I zoning district allows uses as set forth in the 0 Office zoning district, many of which are not related to govemment and institutional uses; and WHEREAS, the G/I zoning district allows uses with intensities set forth in the R-4 Multifamily High Density and 0 Office zoning districts, said intensities which could be more than what is permitted on abutting property; and WHEREAS, The G/I zoning district is established to permit government and institutional uses only and that any ancillary uses should be limited to the uses and intensities permitted on the least intense abutting land; and WHEREAS, the Miami Planning Advisory Board, at its meeting of June 2, 2004, Item No. 7, following an advertised hearing, adopted Resolution No. PAB 69-04 by a vote of eight to zero (8- 0), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 10544 as hereinafter set forth; and WHEREAS, the Planning Advisory Board has reviewed this ordinance and, after hearing and considering the staff report and recommendation as well as public testimony has determined that this ordinance is in the best interest of the citizens of the City of Miami and therefore recommended that this ordinance be approved by the City Commission of the City of Miami; and WHEREAS, the City Commission at a duly noticed public hearing has reviewed this ordinance and, after considering the staff recommendation as well as the public's testimony, has determined that this ordinance is in the best interest of the citizens of the City of Miami; THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 5 12592 EXHIBIT "C" File Number: 04-00672 Enactment Number: 12592 Section 1. The recitals and findings contained in the Recitals to this Ordinance are hereby adopted and incorporated herein as if fully set forth in this Section. Section 2. Article 4 of the Zoning Ordinance of the City of Miami, Florida, as amended, is hereby amended as follows: {1} ARTICLE 4. ZONING DISTRICTS Sec. 401. Schedule of District Regulations. G/I Govemment and Institutional. Intent and Scale: SUBMITTED INTO THE PUBLIC RECORD FOR ITEIVI:I.E2A)* ON 3 �9, The govemment/institutional category allows the development of facilities for federal, state and local govemment activities, major public or private health, recreational, cultural, religious or educational activities, major transportation facilities, public utilities, and public and private cemeteries. Residential - facilities Uses ancillary to these uses are allowed to a maximum density and intensity equivalent to the least intense abutting zoning district R-4, subject to the same limiting conditions. Intensity: For residential uses: As for the least intense abutting zoning district R-4. For Govemment and Institutional Uses: As for Office For all other non -institutional uses: As for the least intense abutting zoning district Office. Permitted Principal Uses: Same-as-for-0 Govemmental and institutional uses as described in the. City of Miami Comprehensive Development Plan designation of "Major Institutional, Public Facilities, Transportation and Utilities", and as set forth below, however for accessory non-govemmental or institutional uses -only such uses as may be permitted as principal uses in the least intense abutting zoning district and in addition: (With the exception of adult and child daycare centers, any change to introduce a new principal use or _ any additions over twenty (20) percent of any existing use shall be allowed by Special Exception only.) 1. Auditoriums, libraries, museums and galleries related to the fine arts; neighborhood or community centers. 3. Adult and child daycare centers, subject to the requirements of sections 935 and 936. 4. Hospitals. City of Miami Page 2 of 5 12592 File Number: 04-00672 Enactment Number: 12592 6. Places of worship. , 7. Schools, post -secondary public or private educational facilities, colleges and universities, public and private, including business colleges, trade schools (except those having external evidence of activities of an industrial nature), conservatories, dancing schools. Structures and uses other than those listed above required for performance of a governmental function, except as specified below. 8. Structures and uses other than those listed above required for performance of a govemmental function, except as specified below. 9. Structures and uses relating to operation of public utilities and requiring locations within the district (other than aboveground lift stations, electrical substations, Tine -of -sight relay devices for telephonic, radio or television communication, and the like, which shall require special permits as indicated below); railway rights -of -way and tracks, but not railroad yards, storage or warehousing, switching or shops; provided that no such public utility use shall involve extensive storage or have storage as its primary purpose. 10. Foster care homes. 11. Group homes 12. Cemeteries. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ''' ON q-n . 13. Convalescent homes, nursing homes, institutions for the aged or infirm and orphanages. 44. * Permitted Accessory Uses: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures. In existing structures, professional, school and govemmental administrative offices, clinics (other than veterinary); studios; and medical or pharmaceutical laboratories; only in conjunction with a govemment or institutional use directly associated with and furthering these functions; in no case will such uses be permitted beyond what is a customary accessory use to the principal govemmental or institutional use. Conditional Principal Uses: 1. Jails, detention facilities, work camps by Special Exception with city commission approval. 2. Public incinerators (except for forensic incinerators), solid waste facilities of any type by Special Exception with city commission approval. 3. Community based residential facilities only by Special Exception with City Commission City of Miami Page 3 of 5 12592 File Number: 04-00672 Enactment Number: 12592 approval, subject to the requirements and limitations and criteria of section 934 and only if associated with a governmental or institutional use. 4. Commercial parking Tots or parking garages only by Class I1 Special Exception Permit and only. if associated with a governmental or institutional use. 5. Convenience commercial and service facilities, including restaurants, as principal or accessory uses only by Class II Special Permit, and only when located, oriented and scaled to serve needs within the district and only if associated with a governmental or institutional use. 6. Facilities privately owned and used for garden, service, civic or private clubs or lodges (not for profit) only by Special Exception. 7. In connection with public utilities, aboveground lift stations, electrical substations, line -of -sight relay devices for telephonic, radio or television communication and the like shall be permitted only by Class II Special Permit. 8. Local stations for mass transit facilities (other than bus stops) only by Special Exception. 9. Mausoleums, either alone or in conjunction with a cemetery, only by Special Exception with city commission approval. 10. Major sports facilities by Major Use Special Permit only. 11. In new structures, by Special Exception only, professional, school and governmental administrative .offices, clinics (other than veterinary); studios; and medical or pharmaceutical laboratories; only in conjunction with a government or institutional use directly associated with and furthering these functions; in no case will such uses be permitted beyond what is a customary accessory use to the principal governmental or institutional use. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) daYs afterfin rea ianlNt THE thereof. {2} S UBMITTE1D PUBLIC RECORD FOR Date: JULY 22. 2004 a - Mover: COMMISSIONER WINTON ITEM 3 ON 3--Orl Seconder: COMMISSIONER GONZALEZ Vote: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO ABSENT: 1 - COMMISSIONER TEELE Action: PASSED ON FIRST READING City of Miami Page 4 of 5 12592 File Number: 04-00672 Enactment Number: 12592 Date: SEPTEMBER 27.2004 Mover: COMMISSIONER WINTON Seconder: VICE CHAIRMAN GONZALEZ Vote: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO Action: ADOPTED Date: SEPTEMBER 30.2004 Action: SIGNED BY THE MAYOR I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that this constitutes a true and correct copy of Ordinance No. 12592, passed by the City Commission on 9/27/2004. September 08, 2006 Deputy Clark(PI A. rhbmPson, City Clerk) Date Certified {1} Words and/or fIgiires`itricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. SUBMITTED INTO THE PUBLIC RECORD FOR ITEMA_ON e-a-,-ter. City of Miami Page 5 of 5 12592 EXHIBIT "D" SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ON 3 -.)41-or1 . CI T Y 0 F MI A MI PLANNING DEPARTMENT PRE-APP MAJOROUSE SPI CI LRPIEW ERMITO t�BMITTED INTO THE 300 GROVE BAY RESIDENCES PUBLIC RECORD FOR 3663 SOUTH MIAMI AVENUE NET DISTRICT: NORTH/EAST COCONUT G ITM �.040406 1 1 ON 3 --q -0i City of Miami Vision Statement: "To Be an International City which Embodies Diversity, Economic Opportunity, Effective Customer Service and a Highly Rated Quality of Life" COMMENTS: The following comments represent the unified vision of the Pre -Application Design Review Committee, which consists of all staff members in the Urban Design and Land Development Divisions. The City of Miami strives to achieve diverse, pedestrian -friendly neighborhoods, promote transit connections, and provide safe and comfortable buildings, streets, and parks that contribute to a prosperous city for all residents to enjoy. Zoning • The change of zoning of this property from G/I to R-4, combined additional FAR gained from bay frontage and adjacent roads, results in a project density that is inappropriate for the existing conditions of this area. The FAR bonuses in the application further exacerbate this situation. The Planning Department feels that this project is out of scale with the area, and that if the applicant chooses to rezone the property, it should be to a land use that is consistent with the adjacent neighborhood, which is R-1 zoning. • Please indicate how this project relates to the Mercy Hospital Master Plan. • Contact the Zoning Department to confirm the use of Perimeter Road Area in the FAR calculations for this project. • It is critical that the applicant conduct a traffic study and meet with Mary Conway, Transportation Director for the City of Miami regarding traffic circulation and access to the site. She may be contacted at 305-416-1027. Urban Design • The north and west facades of the parking base front the Perimeter Road with a two-story blank wall, which is an unacceptable pedestrian environment. • The committee appreciates the integration of a baywalk into the site plan of this project. Ensure public access to this baywalk. Furthermore, provide section details of the baywalk with dimensions. Consider referring to the City of Miami Baywalk/Riverwalk Design Guidelines for ideas on further developing this area. Architecture • Please include a dear indication of what type of materials are being proposed for all four elevations of the building, including windows, balconies, and garage screening materials. This information can be submitted as a labeled color rendering. Material samples and precedent photographs are encouraged. • Provide additional details of all garage entrances and openings, including screening materials, and entrance dimensions. • Provide elevation drawing details, showing all of the building's elevations at the street level, at a scale no less than 1 /8"=1', in order for the committee to review the building's impact on the pedestrian realm. In particular, present the north and western facades of the parking base, and provide enlarged elevation details of the public baywalk. It is our intention with these comments to aid in expediting Special Permit applications with your voluntary efforts in making the necessary changes; thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Committee or the Urban Development Review Board. Page 1 of 1 EXHIBIT "D" LLJ CM I M _ C I T Y 0 zO Z U LLJ F. 0 300 GROVE BAY RESIDENC - c ■ M I A na 1 P L A N T: N 0 D 11 s 1t T PIE Al,L1c ATION DmelGI REVIIW COUPIENYl Mayne USE SPECIAL Penwi7 300 GAOvE BAY RESIDENCES 3d63 SO%;TII 311ANI AVONUle NET DISTRICT. NORTH/Eau COCOoI, T GRove 0404 06 Coy of Surd Yuioa Stirrer r 'To Be an f.ouraiond CIty wbk I Umbra* Opportunityy, Effective Customer Service and a Hlgldy Rated Quaky of Life" COMwINTs: The f llowiag commune feptsent she unified vision of dun Pr -Application Design Primo CeLmwtes, condors of ale rag members in she Urban Drips and IAmd Development Di.asmn& T1x Cny of Liars strives to achieve Bvecac, ptdeeman fdrm0, "e'ghboLnods, room toner ormmaedona, and provide oak and cotnfoW ie buildings. mom sod parks that ewsdburs so s prepuce aty for s9 residents to enjoy. 7wobng • The change of toeing of this property foam G/1 to R-, armhinod ddidood FAR gamed from Mr. fmauyp and adjacent sosdu reeks a a project dmuty that It heppropsiefa foe the • rain rmshd000 of this Mei the FAR basses io tM apple** further eae1ut, this rruatiee. Th. Pineeai D4erarre f.h 11mt licis peeler ie oar of rag riik Ar us% sand thee if t . appSoot drone to mom die pesyeatp, it should ha to a led am Apt 1s mmooeme stir the aroma nog reekood, which Ea =Mi. • Phase iorl:ou how this propec Maws to the Mac, Hospital Master plan. • Cosset the Zoning Depaatment m.amfiaa the Ian of Prose* Hod Area in the FAR cakdadoss fa drier props. • It it eritkd ds the appbca it undue' a traffic study and meet wish Mary Garay, Transportation Director for the Cky of Xs* aeganing *dirt eirad*o* and scene to the site. She may .be ens u tad at 303416 1027. Utben Dedjn • The north rod west kooks of the puking but bast the Perimeter Rood with a mummy blends milk ,.kith h m anaaepoble pedt,roa en.soaroso. • The commit* appreciates vise Welled* of a brush iwm she roe plan of this props. Enna public mans n this *walk. 1 itdsemmm. provide faction detail; of the b.ywalk wish dioramas. Comldet trt®ng m sit, City of Mani Bayeralkilneawa1➢s Design Gulledge' for ides on father de.ehgirrB ski ass. Architects* • Mar iodode a clear nadaation of what type o(ruorsialr re being proposed cot an four durations of Me balding.ltadudingtsbtdows, Mimeo* and gsrga au m01$ a'•• ors This m(urmadon eat be submitted as a kbded color ender" Monad samples sad pnaadent phoarpepba are encouraged. • Provide additional duals of al gauge fduanc1a and openings. including ado ran mmd.1.. end rum* diate.tions. • Prowde eleratb► dnadog duals, Moors ell d tux brsldlo(a ekveobas at the inter heck at a arale an less thaw 1/ray', m order foe site roomd*ee m inky the building's impact on the pa -too Enka. In purities. power the north and weueza (scads o(tbe poking bur, and molds armed rived.). daub of the public bwywalk k is our Intend* wish these comment, to aid is a pedWag Specd Prank applications with pee vdwotaq elk* in making the naessaary changer dsteby, avoiding any pte.euabie delays particularly prior to a poker's sabered* m the Large Sink Develop** Cemmkrse or the Urban llav bpmaut Recker Board. hs. tell CITY OF MIAMI PLANNING DEPARTMENT 04-04-06 The change of zoning of this property from G/I to R-4, combined additional FAR gained from bay frontage and adjacent roads, results in a project density that is inappropriate for the existing conditions of this area. The FAR bonuses in the application further exacerbate this situation. The Planning Department feels that this project is out of scale with the area, and that if the applicant chooses to rezone the property, it should be to a land use that is consistent with the adjacent neighborhood, which is R-1 zoning. EXHIBIT "E" SUBMITTED INTO THE PUBLIC RECORD FOR ITEMON . --Original Message -- From: Cuervo Schreiber, Alicia Sent: Tuesday, April 18, 2006 10:12 AM To: Slazyk, Lourdes Y; Rodriguez -Ortega, Madeline Subject: FW: Please CaII Please handle, per our conversation. Thanks. Vivian From: Cuervo Schreiber, Alicia Sent: Tuesday, April 18, 2006 9:59 AM To: Gelabert-Sanchez, Ana Subject Please Call Hi Ana, Per Alicia's request, please call Bill Thompson of Related regarding the Mercy Hospital project. [305-796-5916] He has some questions/concems regarding the pre -application meeting date which has not been set yet and his deadline for his Large Scale submission by May. If possible please try to call him before the end of today and then call Alicia to brief her. She has a meeting with him and the City Manager tomorrow moming. Thank you. Vivian SUBMITTED INTO THE PUBLIC RECORD FOR ITEM2ON3ioq• EXHIBIT "E" ----Original Message From: Cuervo Schreiber, Alicia Sent: Tuesday, April 18, 2006 5:14 PM To: Gelabert-Sanchez, Ana; Slazyk, Lourdes Y Subject: I need one of you to give me a briefing tomorrow before 10:30 maybe 9:15 1- Brickell Park 2- Mercy Hospital SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ON3-1-o7, EXHIBIT "E" EXHIBIT "F" SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ONe..P9-(11. A PRE -APPLICATION MEETING Name of Project: 300 Grove Bay Residences 3663 South Miami Avenue Meeting date: Thursday, April 20, 2006 at 2:00 pm ATTENDANCE Name Company Telephone (Please Print) i „Ai,,e-t.-Ke .tie"(V 4. r/1'I,Lic C•/P/Jv 130s-,fl 6. 1 `t.73 7-84290y�5' RQts Ci �eZTC�N tC/� 30s • 377 • � �!..Z GT et0., ids - -itNN, -o o 365•S'1`1-O'1 ._- 19' 1u8MrrrEcr y PUBLIC RECORD FOR ITER?"' Z: Vtive►sidelPLANNING ZONNINGI SharedlCURRENT PL9NNING`CURRENT PLANNINGIPROJECTS - Pre -Application Mee:ingslPRE APP - Attendance.doc EXHIBIT "F" PRE -APPLICATION MEETING Name of Project: Meeting date: Name ,A2ie.ase P 300 Grove Bay Residences 3663 South Miami Avenue Thursday, April 20, 2006 at 2:00 pm ATTENDANCE Company Cw.."Vr.lTGra cA) NCK,EL U�/ �Reve.6 FE-vi e, 44.,asie Si v aZ44 'G•AELh•-T-t10 Telephone `Et c.1`r3 PY.fe 7as--1E14-1 b �s spry o I ¢“/Anti., Cve•a..-5a1.4c,, C it) 1 /04t:re- ii ° iu: 3.5Gs I oc, PUBLI INTO THE ITEM 7j.'1* ON - -R 2'Aver s:.tlLt1f.L .SZrJ1% »C Sbr.r.1CI'6.NEi: I Lei.% NC CL:°.P.a7PLAANDIG)*Wi 71-Pre-4yi+nm.r_•i:.f avmpsPP.L'ff'P- .ltinasec: rsa. EXHIBIT "F" EXHIBIT "G" SUBMITTED INTO THE PUBLIC RECORD FOR ITEM'2 ON -nm. ANALYSIS FOR ZONING CHANGE 3663 South Miami Avenue FILE NO: 06-01060zc Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows: The request is to change the Zoning designation as follows: The subject property is a parcel located at 3363 S. Miami Avenue (complete legal description on file with the Hearing Boards Office), from G/I "Government and Institutional" to R-4 "Multifamily High -Density Residential. The following findings have been made: • It is found that the proposed zoning change encompasses the Southwestern boundary of the Mercy Hospital property, currently being used as a surface parking lot for employees, and it is also found that it is designated G/I "Government and Institutional'. • It is found that this change of zoning is in order to develop three residential towers consisting of (300) residential units and 642 parking spaces project known as 300 Grove Bay Residences Major Use Special Permit ("MUSP"). • It is found that the requested change to R-4 "Multifamily High -Density Residential" designation will allow greater flexibility in developing the proposed residential use at the above described location and therefore should be changed as part of the MUSP. • It is found that the requested zoning designation change is not consistent with the underlying land use designation and therefore does require an amendment to the Future Land Use Map of the Comprehensive Plan. Based on these findings, the Planning Department is recommending approval of the change of zoning as a component of a Major Use Special Permit application. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM'_ON 3-4ai-Dn, EXHIBIT "G" LLI o ANALYSIS FOR ZONING CHANGE 3663 South Miami Avenue FILE NO: 06-01060zc Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows: The request Is to change the Zoning designation as follows: The subject property h a parcel located at 3363 S. Miami Avenue (complete legal description on Ilk with the Hearing Boards Olfce), from GH "Government and Institutional" to R-4 "Multifamily High -Density Residential. The follow Mg frudings have been made: • It is found that the proposed zoning change encompasses the Southwestern boundary of the Mercy Hospital property, currently being used as a surface parking lot for employees, and it is also found that it is designated Gil "Government and Institutional". • It is found that this change of zoning is in order to develop three residential' to consisting of (300) residential units and 642 parking spaces project known Grove Bay Residences Major Use Special Permit ("MUSP"). • It is found that the requested change to R-4 "Multifamily High -Density Residential" designation will allow greater flexibility in developing the proposed residential use at the above described location and therefore should be changed as part of the MUSP. • It is found that the requested zoning designation change is not consistent with the underlying land use designation and tbareforedoes require an amendment to the Future Land Use Map of the Comprehensive Plan. Based on these tindingsy the Planning Department is recommending approval of the change of zoning as a component of a Major Use Special Permit application. It is found that the requested change to R-4 "Multifamily High -Density Residential" designation will allow greater flexibility in developing the proposed residential use at the above described location and therefore should be changed as part of the MUSP. EXHIBIT "G" EXHIBIT "H" SUBMITTED INTO THE PUBLIC RECORD FOR ITEMON 3)»)01 SUBMITTED INTO TH PUBLIC RECORD FOI JTEM'ON&-?� oq 6B 1 SATURDAY, MARCH 17, 2007 F NOTICE OF AMENDMENT TO THE CITY OF MIAMI COMPREHENSIVE ZONING ORDINANCE AND COMPREHENSIVE NEIGHBORHOOD PLAN ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES IS REQUIRED TO' • REGISTER AS. A LOBBYIST WITH. THE. CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE .CITY COMMISSION. A COPY OF THE APPLICABLE ORDINANCE IS' AVAILABLE: IN THE OFFICE OF'THE CITY CLERK (MIAMI CITY HALL), LOCATED AT.3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133 AT THE SCHEDULED MEETING -OF THE COMMISSION OF THE CITY OF MIAMI,FLORIDA, TO BE HELD ON TUESDAY .M CRCH_ 27. 2907. AT MIAMI CITY HALL. 3500 PAN AMERICAN DRIVE, THE MIAMI CITY COMMISSION. WILL CONSIDER THE FOLLOWING ITEMS RELATED TO THE PLANNING AND ZONING _AGENDA, NOT BEFORE 2:00 PM: File ID 06-01060zc. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO.44, 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 "G/I" GOVERNMENT AND INSTITUTIONAL TO "R-4": MULTIFAMILY DENSITY , RESIDENTIAL, WITHOUT AFFECTING THE "NCD-3" NEIGHBORHOOD CONVERSATION OVERLAY DISTRICT, AS APPLICABLE, FOR THE PROPERTY LOCATED AT APPROXIMATELY •3663 `SOUTH MIAMI AVENUE, MIAMI, ,FLORIDA; CONTAINING A SEVERABILITY-CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. File ID 06-01060mu A RESOLUTION; OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE .SPECIAL PERMIT PURSUANT TO ARTICLES 5;. 9, 13 AND 17 OF ZONING ORDINANCE NO. -11000, AS AMENDED, FOR THE 300 GROVE BAY RESIDENCES PROJECT, TO BE LOCATED AT APPROXIMATELY 3663 SOUTH MIAMI AVENUE, MIAMI, .FLORIDA, TO CONSTRUICT A THREE, BUILDING RESIDENTIAL DEVELOPMENT RANGING IN HEIGHT FROM -- APPROXIMATELY 304 FEET TO 411 FEET TO BE .COMPRISED OF • APPROXIMATELY 300 ' TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 642 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. EXHIBIT "H" NOTICE OF CHANGE OF LAND USE THE MIAMI CITY COMMISSION PROPOSES TO CHANGE THE USE OF LAND WITHIN THE AREA SHOWN IN THE MAP IN THIS ADVERTISEMENT. A PUBLIC HEARING ON THE PROPOSAL WILL BE HELD ON TUESDAY MARCH 27.2007. AT MIAMI CITY HALL. 3500 PAN AMERICAN DRIVE, THE MIAMI CITY COMMISSION WILL CONSIDER. THE FOLLOWING ITEMS RELATED.TO THE.PLANNING AND ZONING AGENDA. NOT BEFORE 2:00 PM: File ID 06-01060Iu 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 SOUTH MIAMI AVENUE; MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"' TO "HIGH. DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES, CONTAINING A REPEALER PROVISION. AND A SEVERABILITY CLAUSE; AND PROVIDING. FOR AN EFFECTIVE DATE: Copies of the proposed .resolutions and ordinances are available for review at the Department of Hearing Boards, 444 SW 2nd, Avenue; 7th Floor during regular working hours. Phone: (305) 416-2030. The Miami City Commission requests all interested parties be present or; represented at this meeting and are invited to express their views. In accordance with the Americans with Disabilities Act of 1990, all persons who require special. accommodations in order to participate in this meeting should contact the Office of the City Clerk at (305) 250-5360 at least three business days prior to: the proceeding. Should any person desire to appeal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F/S 286.0105). Department of Hearing Boards (Ad No.15321) EXHIBIT "H" CITY COMMISSION MEETING MINUTES JULY 22, 2004 FIRST READING AMENDMENT TO GI ZONING ORDINANCE SUBMITTED INTO THE PUBLIC RECORD FOR ITEM='��ON3n o.,. City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 22, 2004 9:00 AM PLANNING AND ZONING PART A City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Arthur E. Teele, Jr., Chairman Joe Sanchez, Vlce Chairman Angel Gonzalez, Commissioner District One Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Angola, City Manager Jorge L. Femandez, City Attorney Priscilla A. Thompson, City Cleric SUBMITTED INTO PUBLIC RECO �3 ITEM �ON R 3 0 THE FOR City Commission Meeting Minutes July 22, 2004 PZ.42 04-00672 ORDINANCE First Reading Planning & Zoning — City Commission AN ORDINANCE AMENDING SECTION 401 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITILED, "SCHEDULE OF DISTRICT REGULATIONS" RELATING TO THE G/I GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT BY PERMITTING NON -GOVERNMENTAL AND INSTITUTIONAL USES ONLY IF ANCILLARY TO THE GOVERNMENTAL AND INSTITUTIONAL USES PERMITTED, AND TO THE EXTENT OF LESS INTENSE PERMITTED USE OF THE ABUTTING PROPERTY ONLY, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval (as modified) to City Commission on June 2, 2004 by a vote of 8-0. PURPOSE: This will amend the G/I Government and Institutional District to allow non-govemmental and institutional uses only if ancillary to the main use. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Teele Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. We're up to PZ.42 now. PZ.42 is a text amendment to the Zoning Ordinance relating to the G/I, Government and Institutional District. This is an amendment that would requirement when a government or institutional use ceases to exist on a property, that that property would only then be able to be used as for the most restrictive zoning around it. This is — we believe this is a very good ordinance. It offers some protection to neighborhoods that have G/I zoning for things like schools, and churches and other institutional public facility uses. This was recommended for approval by the Planning Advisory Board and recommending for approval by the Planning & Zoning Department. Vice Chairman Sanchez: This ordinance is first reading, requiring public hearing. Anyone from the public wishing to be heard please step forward Seeing none, public hearing is closed Commissioner Winton: Move it. Vice Chairman Sanchez: There's a motion by Commissioner Winton. Commissioner Gonzalez: Second. Vice Chairman Sanchez: Second by Commissioner Gonzalez. Commissioner Winton: And the point about this -- Vice Chairman Sanchez: Discussion. Ciry °MMiami Page 2 Printed on 3/22/2007 City Commission Meeting Minutes July 22, 2004 Commissioner Winton: -- we have an item coming up, which is Ransom Everglades, part of the battle about that G/I rezoning relates -- if you remember when we did the naval yard right up here on Bayshore, and the developer could come in and build the biggest building that he could think of building. This solves the problem. You can no longer build anything you want to build just because it's government/institutional zoning, so if, by example, the School Board decided they had a school that was obsolete, couldn't use it anymore, decided to bulldoze it, you could build literally anything you wanted to build in this residential neighborhood, well this stops that kind of nonsense, and now then you can only build whatever the -- Ms. Slazyk: It says only — I'll read it. "Only such uses as may be permitted as principle uses in the least intense" -- Commissioner Winton: Least. Ms. Slazyk: -- "abutting zoning district." Commissioner Winton: Which might encourage some parkland development, so it's a fabulous new tool. Vice Chairman Sanchez: All right. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Sanchez: Madam Clerk, roll call. A roll call was taken, the result of which is stated above. Sylvia Scheider (Assistant City Clerk): First reading passes, 4/0. Commissioner Winton: Joel, were you waving at me a little while ago? You wanted to say hello? Joel Maxwell (Deputy City Attorney): You covered it well. Thank you, sir. Ms. Slazyk: And actually, we had help from the community when we were phrasing that ordinance, as it went through the PAB (Planning Advisory Board). There was a continuance at PAB to help phrase it in a way that everybody was comfortable with, but just for the record, what that ordinance does in a nutshell is, it says, if you have G/1(Government/Institution) zoned property with a government or institutional use and it ceases to be used for that government or institutional use, you can only use it according to the regulations of the most restrictive zoning category that touches it, so it's protection. Commissioner Winton: I hate to sound self-serving, but for those of you from the Grove, you know, I've been in office for almost five years now, and I've never heard more shrill voices in the Grove than I've heard since I was elected, and when I got elected, the Grove got absolutely nothing; had received nothing for 20 or 30 years, and I've got to tell you, I think we've really worked hard to try to make the changes as we find the changes to improve conditions over which we had no control, and this Gil zoning thing is one of those examples where, you know, it got identifteaa not that many months ago; we got it through the system, we're bringing it forwaraa and doing those other kinds of things, and 1 hope those of you that are Grove leaders also would get out there and get some of this information about what we're doing out into the community and slow down some of these shrill voices that 1 don't -- I don't even know where they're coming from; don't even know who these people are, so I need help. Sony, off the beaten track. Carter McDowell: Commissioners, thank you very much. It's been a long road. We appreciate City of Miami Page 3 Printed on 3/22/2007 City Commission Meeting Minutes July 22, 2004 your support and help in getting to this point. We look forward to our final hearing on Monday, and then going to build this — the improvements for this wonderful institution for Coconut Grove in the City of Miami. Vice Chairman Sanchez: Thank you, and thanks to both sides. It really shows that even when we don't agree with each other, we find ways to respect each other and find a compromise, and really, at the end of the day, it just makes our community a better place, so thank each and every one of you for your professionalism on this matter. It makes it much easier for us, especially easier for Commissioner Winton. Commissioner Winton: Yeah. Vice Chairman Sanchez: All right. Moving right along. Go home. We'll be here until about 3 o'clock in the morning. I don't think so. We're going home at 9 tonight. Commissioner Winton: Yeah. Vice Chairman Sanchez: OK. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM:-Q_': ON a-ao . City °MMiami Page 4 Printed on 3/22/2007 PLANNING FACT SHEET APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS SUBMITTED INTO THE PUBLIC RECORD FOR ITEM Pz ) ON 2011-De• PLANNING ADVISORY BOARD CITY COMMISSION APPLICATION NUMBER Planning and Zoning Department June 2, 2004 Amendment to Article 4 of Zoning Ordinance No. 11000. N/A. Consideration of an ordinance amending Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 4, Section 401, Schedule of District Regulations, relating to the G/I Govemment and Institutional zoning district, by permitting non governmental and institutional uses only if ancillary to the governmental and institutional uses permitted, and to the extent of less intense permitted use of the abutting property only, containing a repealer provision, a severability clause; and providing for an effective date. Approval. The proposed amendment is in order to prevent incompatible uses from occurring within low density neighborhoods when a G/I zoned property ceases to be used for Govemment and/or Institutional uses. This is accomplished by specifying that when a G/I zoned property is not going to be used for Govemment and Institutional uses (including any associated accessory uses), it can only be used as per the less intense abutting zoning district. Recommended approval (as VOTE: 8-0 modified) to City Commission. July 22, 2004 2004-047 Item #7 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 7/14/2004 Page 1 CITY COMMISSION MEETING MINUTES SEPTEMBER 27, 2004 SECOND READING AMENDMENT TO GI ZONING ORDINANCE SUBMITTED INTO THE PUBLIC RECORD FOR ITEMnZ ON -4-o-oq City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Monday, September 27, 2004 9:00 AM SPECIAL PLANNING AND ZONING City Hall Commission Chambers cirycommiuion SUBMITTED IN TO PUBLIC RECOR D Manuel A. Diaz, Mayor Joe Sanchez, Chairman I TE M�. 1 y 3 Angel Gonzalez, Vice Chairman 3 Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk THE FOR City Commission Meeting Minutes September 27, 2004 PZ.6 04-00672 ORDINANCE Second Reading Planning & Zoning — City Commission AN ORDINANCE AMENDING SECTION 401 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITILED, "SCHEDULE OF DISTRICT REGULATIONS" RELATING TO THE G/I GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT BY PERMITTING NON -GOVERNMENTAL AND INSTITUTIONAL USES ONLY IF ANCILLARY TO THE GOVERNMENTAL AND INSTITUTIONAL USES PERMITTED, AND TO THE EXTENT OF LESS INTENSE PERMITTED USE OF THE ABUTTING PROPERTY ONLY, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arnola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval (as modified) to City Commission on June 2, 2004 by a vote of 8-0. PURPOSE: This will amend the G/I Government and Institutional District to allow non-govemmental and institutional uses only if ancillary to the main use. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado 12592 Chairman Sanchez: All right. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.6 is a second reading ordinance to the Gil (Government/Institutional). It's a text amendment. This is the one where the -- any property when zoned Gil, when it ceases to be used for government or institutional uses, may only be used as per the less intense abutting zoning district. It's been recommended for approval by the Planning Advisory Board and passed first reading on July 22nd Chairman Sanchez: And this is second reading, correct? Ms. Slazyk: This is second reading. Chairman Sanchez: OK. Is there a motion? Commissioner Winton: So move. Vice Chairman Gonzalez: Second SUBMITTED INTO THE PUBLIC RECORD FOR ITEM:ZP: ON 3 -oq Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. It is open for discussion. Commissioner Winton: Lourdes, this is PZ.6, again, right? City of Miami Page 2 Printed on 3/22/2007 City Commission Meeting Minutes September 27, 2004 Ms. Slazyk: Yes. Commissioner Winton: I think it's very important that you put on the record right now, so it's on Net-9, a repeat of what we did last time, and that is explaining what's going on here because this ordinance that we're passing solves a huge problem for a lot of people out there who are very skeptical of the way we handle some Planning & Zoning items, particularly G/I zoning, so would you put it on the record that we're curing what many people consider to be a major defect in our Code, and we're curing it with this move. Ms. Slazyk: Correct. We're — what we have is, throughout the city, we have G/I zoning scattered in R-I and R-2 single-family, duplex and other residential districts. They're in those districts because there's either schools or churches, or some other government or institutional use. The big fear is that what happens when a school or church closes, and you've got this G/I zoning in the middle of a neighborhood. G/I zoning is very similar to office zoning inthat it allows some pretty substantial height and density. What this ordinance says is that once the G/I property ceases to be used for school or church, it can only be used as per the least intense abutting district. Therefore, if a church or a school goes away from a G/I zoned property in a single-family neighborhood, the property may only be used for single-family use because that's the least abutting -- least intense abutting district, so this is a major cure for our residential districts, the fear of what G/I could bring. Chairman Sanchez: All right. Before we vote on it, it's a public hearing. Anyone from the public wishing to address this item, please step forward. Hearing none, seeing none, the public hearing is dosed, and now we are prepared to vote. Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. SUBMITTED INTO THE PUBLIC RECORD FOR ITEMEetii ON3 -01. City of Miami Page 3 Printed on 3/22/2007 SUBMITTED INTO THE PLANNING FACT SHEET PUBLIC RECORD FOR ITEM 1:.WON3-an -ate APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION APPLICATION NUMBER Planning and Zoning Department June 2, 2004 Amendment to Article 4 of Zoning Ordinance No. 11000. N/A. Consideration of an ordinance amending Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 4, Section 401, Schedule of District Regulations, relating to the G/I Govemment and Institutional zoning district, by permitting non govemmental and institutional uses only if ancillary to the governmental and institutional uses permitted, and to the extent of less intense permitted use of the abutting property only, containing a repealer provision, a severability clause; and providing for an effective date. Approval. The proposed amendment is in order to prevent incompatible uses from occurring within low density neighborhoods when a G/I zoned property ceases to be used for Govemment and/or Institutional uses. This is accomplished by specifying that when a G/I zoned property is not going to be used for Govemment and Institutional uses (including any associated accessory uses), it can only be used as per the less intense abutting zoning district. Recommended approval (as VOTE: 8-0 modified) to City Commission. Passed First Reading on July 22, 2004. 2004-047 Item #7 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 9/13/2004 Page 1 2004 TEXT AMENDMENT TO GI ZONING ORDINANCE • PLANNING FACT SHEET • TEXT AMENDMENT (EXCERPTS) • ANALYSIS FOR ZONING CHANGE • TEXT AMENDMENT FULL VERSION SUBMITTED INTO THE PUBLIC RECORD FOR ITEMON-rn-oi, SUBMITTED INTO —4E PUBLIC RECORD FOR ITEM cr2iV-ON APP!!CANT HARING DATE REOUESTILOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING FACT SHEET Planning and Zoning Department June 2. 2004 Amendment 10 Altide 4 of Zaftig Crdirranoe No. 11000. NIA. Consideration of an ordinance amending Ordinance No. 11000. as amended, the Zoning Ordinance of the City of Miami, by amending Article 4, Section 401, Schedule of District Regulations, relating to the GA Government and Institutional zoning district, by permitting non governmental and institutional uses only if ancillary to the governmental and institutional uses permitted, and to the extent of less intense permitted use of the abutting ---- property any, containing a repealer provsio _ severability clause; and providing for an eff Apprnval. Tho proposed amendment is in order to prevent incompatible uses from occurring within low density neighborhoods when a GII zoned property ceases to be used for Ga.'emment and/or Institutional was. This is accornpt%shed by specifying thal when a GO Zoned property is not going 10 be used for Government and liesotutianal uses (ncluding arty associated accessory Uses), it can only he used as per the lass intense abutting zoning dismal PLANNING ADVISORY BOARD Rauorrxnendei approval (as VOTE: 8-0 modified) to City Commission. CITY COMMISSION July 22,2004 APPLICATION NUMBER 2004-047 Item 47 F CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 414 San Zp AVENUE, 3.7 FLOOR - M4M, FLORIDA, 33130 PHONE (305) 416-1d00 1 J Gate: 7114/2004 Page 1 APPLICANT Planning and Zoning Department REQUEST/LOCATION Amendment to Article 4 of Zoning Ordinance No. 11000. a PLANNING Approval [RECOMMENDATION J BACKGROUND = AND ANALYSIS The proposed amendment is in order to prevent incompatible uses from occurring within low density neighborhoods when a G/I zoned property ceases to be used for Government and/or Institutional uses. This is accomplished by specifying that when a G/I zoned property is not going to be used for Government and Institutional uses (including any associated accessory uses), it can only be used as per the the less intense abutting zoning district. PLANNING ADVISORY Recommended approval VOTE: 8-0 BOARD (as modified) to City Commisdion. GI. ORDINANCE City of Miami Certified Copy C6.li 3500 Pan American Drive Miami. Ft. 33133 YAW minmigov.corn Fit Nurnbcr: 04-00672 Enactment Number: 12592 AN ORDINANCE AMENDING SECTION 401 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITILED, 'SCHEDULE OF DISTRICT REGULATIONS' RELATING TO THE GRI GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT BY PERMITTING NON -GOVERNMENTAL AND INSTITUTIONAL USES ONLY IF ANCILLARY TO THE GOVERNMENTAL AND INSTITUTIONAL USES PERMITTED, AND TO THE EXTENT OF LESS INTENSE PERMITTED USE OF THE ABUTTING PROPERTY ONLY, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The GA Government and Institutional Zoning District Is designed to allow the development of facilities for federal, state and local government activities and for institutional uses such as major public and private health, recreational, religious, educational and cultural facilities; and WHEREAS, the Gfl zoning district also permits uses ancillary to these government and institutional uses; and WHEREAS, the GII zoning district allows uses as set forth in the 0 Office zoning district. many of which are not related to government and Institutional uses; and WHEREAS, the G!I zoning district allows uses with intensities set forth In the R-4 Multifamily High Density and 0 Office zoning districts, said intensities which could be more than what is permitted on abutting property; and WHEREAS, The Gn zoning district is established to permit government and institutional uses only and that any ancillary uses should be limited to the uses and intensities permitted on the least intense abutting land; and WHEREAS, the Miami Planning Advisory Board, at Its meeting of June 2, 2004, Item No. 7, following an advertised hearing, adopted Resolution No. PAS 69-04 by a vote of eight to zero (8- 0), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 10544 as hereinafter set forth; and WHEREAS, the Planning Advisory Board has reviewed this ordinance and, after hearing and considering the staff report and recornmentabon as well as public testimony has determined that this ordinance is in the best interest of the citizens of the City of Miami and therefore recommended th this ordinance be approved by the City Commission of the City of Miami; and WHEREAS, the City Commission at a duty noticed public hearing has reviewed this ordinance and. after Gorrstderrng the staff recommendation as well es the public's testimony, has determined that this ordinance Fs in the beat interest of the citizens of the City of Miami; THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA. •Ciro: gl.Mem Pose of l75D7 SUBMITTED INTO THE PUBLIC RECORD FOR WHEREAS, the City Commission at a duly noticed public hearing has reviewed this ordinance and, after considering the staff recommendation as well as the public's testimony, has determined that thi4 1 ordinance is in the nest interest of the citizens of the City of Miami; G/I Government and Institutional. intent and Scale: Uses ancillary to these uses are allowed to a maximum density and intensity equivalent to the least intense abutting zoning district R-4, subject to the same limiting conditions. _ For residential uses: As for the least intense abutting zoning district R-4. 3UBMITTED INTO THE PUBLIC RECORD FOE ITEM LrL Lt'OW . File Number. 04-00672 Enactment Number: 12592 Section 1. The recitals and findings contained in the Recitals to this Ordinance are hereby adopted and incorporated herein as if fully set forth in this Section. Section 2 Article 4 of the Zoning Ordinance of the City of Miami, Florida, as amended, is hereby amended as follows: (1) ARTICLE 4. ZONING DISTRICTS Sec. 401. Schedule of District Regulations. • GI Government and institutional. Intern and Scale: The govemment/nstitutional category allows the development of facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, major transportation facilities, public utilities, and public and private cemeteries. Residential - facilities ` srss analaryio these uses are allowed to a maximum density and?nie-si`_r equtvalent to th l ast intense abutting zoning /strict R-4, subject to the same limn,ng conditions. Inrens+Yy: For rashes -dial uses. As for the least intense abutting zoning di5",rnc R-4. For Government and Institutional Uses: As for Office For all other non -institutional uses: As for the least intense abutting zoning district Office. Permitted Principe! Uses: Same-as-f440 Governmental and institutional uses as described in the City of Miami Comprehensive Development Plan designation of "Maior Institutional, Public Facilities, Transportation and Utilities", and as set forth below, however for accessory non -governmental or institutional uses -only such uses as may be permitted as principal uses In the least intense abutting zoning district and in addition: (With the exception of adult and child daycare centers, any change to introduce a new principal use or any additions over twenty (20) percent of any existing use shall be allowed by Special Exception only.) 1. Auditoriums, libraries, museums and galleries related to the fine arts; neighborhood or community centers. 3. Adult and child daycare centers, subject to the requirements of sections 935 and 936. 4. Hospitals. GrryofkIbm Pagel ei 13597 —.,CITY OF MIAMI &ITEM3"610 -1)1 .I Y SUBMITTED INTO THsp PUBLIC RECORD FOI2 PLANNING DEPARTMENT 300 GROVE BAY RESIDENCES The change of zoning of this property from GI[ to R-4, combined additional FAR gained from bay frontage and adjacent roads, results in a project density that is inappropriate for the existing conditions of this area. The FAR bonuses in the application further exacerbate this situation. The Planning Department feels tha this areiett is set at stale with the areal and that if the applicant chooses to rezone the property, it should be to a land use that is consistent with the adjacent neighborhood, which is R-1 zoning. C 1 1 Y O F M I A hs 1 D L e s R T st = g t PRE AIPI.IC.ATtoN DEa1CN Rb V1E'•v C0as00NT3 MAtne USE SPECIAL Peels 36t) GROv F. SAY RESIDENCES 3663 561;TH MLAMr rlv1Nl'F NET DISTRICT, NORTNjEntir COC.ONCT C3Rslvpi 04-0-1 CU City of Miami Vision Sutealenr To Bc an International Ciry which Embodies Tbi D r4nomic Oppoetosity. Effecotr Customer Service and a Highly Rated Qnalnv of life" COMMENTS:The following commons represent the unified vision of the Pm Application Design Review Comsnnme,' consists of all staff members hl the Urban Design and I.sod Development Divurons. Tbc Goy of Miami strives to achieve diverse, pcde,tmn-fticndly neighborhoods, promote transit connections, and provide safe and comfortable buildings, sneers, and parks drat contnlmte to a prosperous city for nil residents IC enjoy, Zrming • The Changr of rso..g of ins pusperts (torn Gil to R-a, =.:..bused oddmortal FAR onncsl from h..0 I- nge arol adpcesn triads, .e..sibr h a proeece denetry dust 14. inappnytnase for the orison!, cmnbrio,s of the I..* The FAR bonuses m the Ki l.c.non bushel menerbaie thn Inne ... The Pkmtng Deparamsm feat that this paojest is nor of sale nid. she aria, nod abet It the ayrpbcaot chooses to Ieoone tie pr.pesrty, is ebouki bs tea a hied ore that sa consistere nub she ethrreetht .sIhadhon& which it R-d' moatg. • Please Indio a bow this protect relates to the Mom Hospital Master Plan. • Contact he Zoning Department to contnn the use of Perimeter Road Arts in the FAR caknlauons for this protect. • It it critical that the appbant conduct a ruffle study and meet with Mars Conway, Tnnapottabwa Director for the City of \Lami regarding traffic circul+tion and access to the. site She may be contacted at 303-416 1027. Urban Design • The north and west faoadct of die parking base front the Perimeter Road with a tun •storyy blank wall, which is m unacceptable pee -SU:UM ensironmcnt. • The committre apprecislr; the integration of a barwth into the site plan of this protect. Ensure public access to this balwalk Furthermore. provide tettion details of the 1n:walk with dimensions. Cootidct tcfesmtg lU the City of Mann Baywalki Rtvrsw7Dr Design Guidelines for akas on further developing this area. Architecture • Please include a ckar mdreaonn of what Irpc of materials arc being proposed for all four elesatsons of the building, including windows, balcomcs, and garage <cseening materials. This mformation CIA be submitted as a labeled clot tendering. Material samples and precedent photographs are encouraged. • Provide ndditinoal details of alt gauge entrances and openings, including screening materials, and entrance dimensions. • Provide eeation drawing details, showong all of the haidvsg's elevation at the steer level, at a scale no less than lib"=1'. m order for the committee to rcvitw the F..wlding's impact on the pedolnan realm. In panic+hr. prcent the north and wcnrrsn facades of the parking base. and provide eobsged elevation details of the public bayu'nik it is our intention with these comments to aid in expediting Special Permit applications with your voluntary efforts in making the necessary changes, thereby, avoiding any preventable delays particularly prior to a project's submission to the Large Scale Development Comnsittee or the Urban Development Review Board. Peer I oil ANALYSIS FOR ZONING CHANGE 3663 South Miami Avenue FILE NO: 06-01060zc Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows: The request is to change the Zoning designation as follows: The subject property is a parcel located at 3363 S. Miami Avenue {complete legal description on file with the Hearing Boards Office), from Gil "Government and Institutional" to R-4 "Multifamily High -Density Residential. The follovi ing findings have been made: • It is ftuni that the proposed zoning change encompasses the Southwestern boundary of the Mercy Hospital property, currently being used as a surface parkine lot for employees, and it is also found that it is designated Gil "Govemment and Institutional". • It is fsund that this change of zoning is in order to develop three residential tow consisting of (300) residential units and 642 parking spaces project known Grove Bay Residences Major Use Special Permit ("MUSP"). • It is found that the requested change to R-4 "Multifamily High -Density Residential" designation will allow greater flexibility in developing the proposed residential use at the above described location and therefore should be changed as part of the MUSP. • It is found that the requested zoning designation change is not consistent with the underlying land use designation and therefore does require an amendment to the Future Land Use Map of the Comprehensive Plan. Based on these findings, the Planning Department is recommending approval of the change of zoning as a component of a Major ['se Special Permit application. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM1ON2 It is found that the requested change to R-4 "Multifamily High -Density Residential" designation will allow !seater flexibility in developing the proposed residential use at the above described location and therefore should be changed as part of the MUSP. City of Miami Certified Copy City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00672 Enactment Number: 12592 AN ORDINANCE AMENDING SECTION 401 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITILED, "SCHEDULE OF DISTRICT REGULATIONS" RELATING TO THE G/1 GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT BY PERMITTING NON -GOVERNMENTAL AND INSTITUTIONAL USES ONLY IF ANCILLARY TO THE GOVERNMENTAL AND INSTITUTIONAL USES PERMITTED, AND TO THE EXTENT OF LESS INTENSE PERMITTED USE OF THE ABUTTING PROPERTY ONLY, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The G/I Govemment and Institutional Zoning District is designed to allow the development of facilities for federal, state and local government activities and for institutional uses such as major public and private health, recreational, religious, educational and cultural facilities; and WHEREAS, the G/I zoning district also permits uses ancillary to these government and institutional uses; and WHEREAS, the G/I zoning district allows uses as set forth in the 0 Office zoning district, many of which are not related to govemment and institutional uses; and WHEREAS, the G/I zoning district allows uses with intensities set forth in the R-4 Multifamily High Density and 0 Office zoning districts, said intensities which could be more than what is permitted on abutting property; and WHEREAS, The G/I zoning district is established to permit government and institutional uses only and that any ancillary uses should be limited to the uses and intensities permitted on the least intense abutting land; and WHEREAS, the Miami Planning Advisory Board, at its meeting of June 2, 2004, Item No. 7, following an advertised hearing, adopted Resolution No. PAB 69-04 by a vote of eight to zero (8- 0), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 10544 as hereinafter set forth; and WHEREAS, the Planning Advisory Board has reviewed this ordinance and, after hearing and considering the staff report and recommendation as well as public testimony has determined that this ordinance is in the best interest of the citizens of the City of Miami and therefore recommended that this ordinance be approved by the City Commission of the City of Miami; and WHEREAS, the City Commission at a duly noticed public hearing has reviewed this ordinance and, after considering the staff recommendation as well as the public's testimony, has determined that this ordinance is in the best interest of the citizens of the City of Miami; THEREFORE, BE IT ORDAINED BY THE COMMISSMM talt Or rit City of Miami Page 1 of 5 PUBLIC RECORD FOFC°' ITEM_ON31. e!i' File Number: 04-00672 Enactment Number: 12592 Section 1. The recitals and findings contained in the Recitals to this Ordinance are hereby adopted and incorporated herein as if fully set forth in this Section. Section 2. Article 4 of the Zoning Ordinance of the City of Miami, Florida, as amended, is hereby amended as follows: {1 } ARTICLE 4. ZONING DISTRICTS Sec. 401. Schedule of District Regulations. G/I Government and Institutional. Intent and Scale: SUBMITTED INTO THE PUBLIC REGARD FOR ITEM li The govemment/institutional category allows the development of facilities for federal, state and local govemment activities, major public or private health, recreational, cultural, religious or educational activities, major transportation facilities, public utilities, and public and private cemeteries. Residential - facilities Uses ancillary to these uses are allowed to a maximum density and intensity equivalent to the least intense abutting zoninct district R-4, subject to the same limiting conditions. Intensity: For residential uses: As for the least intense abutting zoning district R-4. For Govemment and Institutional Uses: As for Office For all other non -institutional uses: As for the least intense abutting zoning district Office. Permitted Principal Uses: leas -for -A Govemmental and institutional uses as described in the City of Miami Comprehensive' Development Plan designation of "Maior Institutional Public Facilities, Transportation and Utilities", and as set forth below, however for accessory non-govemmental or institutional uses -only such uses as may be permitted as principal uses in the least intense abutting zoning district and in addition: (With the exception of adult and child daycare centers, any change to introduce a new principal use or any additions over twenty (20) percent of any existing use shall be allowed by Special Exception only.) 1. Auditoriums, libraries, museums and galleries related to the fine arts; neighborhood or community centers. 3. Adult and child daycare centers, subject to the requirements of sections 935 and 936. 4. Hospitals. City of Miami Page 2 of 5 12592 File Number: 04-00672 Enactment Number: 12592 6. Places of worship. 7. Schools, post -secondary public or private educational facilities, colleges and universities, public and private, including business colleges, trade schools (except those having external evidence of activities of an industrial nature), conservatories, dancing schools. Structures and uses other than those listed above required for performance of a govemmental function, except as specified below. 8. Structures and uses other than those listed above required for performance of a govemmental function, except as specified below. 9. Structures and uses relating to operation of public utilities and requiring locations within the district (other than aboveground lift stations, electrical substations, line -of -sight relay devices for telephonic, radio or television communication, and the like, which shall require special permits as indicated below); railway rights -of -way and tracks, but not railroad yards, storage or warehousing, switching or shops; provided that no such public utility use shall involve extensive storage or have storage as its primary purpose. 10. Foster care homes. 11. Group homes 12. Cemeteries. SUBMITTED INTO THE PUBLIC RECORD FOR ITEMON a 13. Convalescent homes, nursing homes, institutions for the aged or infirm and orphanages. �4 * Permitted Accessory Uses: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures. In existing structures, professional, school and govemmental administrative offices, clinics (other than veterinary): studios; and medical or pharmaceutical laboratories; only in coniunction.with a government or institutional use directly associated with and furthering these functions; in no case will such uses be permitted beyond what is a customary accessory use to the principal govemmental or institutional use. Conditional Principal Uses: 1. Jails, detention facilities, work camps by Special Exception with city commission approval. 2. Public incinerators (except for forensic incinerators), solid waste facilities of any type by Special Exception with city commission approval. 3. Community based residential facilities only by Special Exception with City Commission Ctty of Miami Page 3 of 5 12592 File Number: 04-00672 Enactment Number: 12592 approval, subject to the requirements and limitations and criteria of section 934 and only if associated with a governmental or institutional use. 4. Commercial parking Tots or parking garages only by Class II Special Exception Permit and only if associated with a governmental or institutional use. 5. Convenience commercial and service facilities, including restaurants, as principal or accessory uses only by Class II Special Permit, and only when located, oriented and scaled to serve needs within the district and only if associated with a governmental or institutional use. 6. Facilities privately owned and used for garden, service, civic or private clubs or lodges (not for profit) only by Special Exception. 7. In connection with public utilities, aboveground lift stations, electrical substations, line -of -sight relay devices for telephonic, radio or television communication and the like shall be permitted only by Class II Special Permit. 8. Local stations for mass transit facilities (other than bus stops) only by Special Exception. 9. Mausoleums, either alone or in conjunction with a cemetery, only by Special Exception with city commission approval. 10. Major sports facilities by Major Use Special Permit only. 11. In new structures, by Special Exception only, professional, school and governmental administrative .offices, clinics (other than veterinary); studios; and medical or pharmaceutical laboratories: only in conjunction with a government or institutional use directly associated with and furthering these functions; in no case will such uses be permitted beyond what is a customary accessory use to the principal governmental or institutional use. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} SUBMITTED INTO THE Date: JULY 22, 2004 PUBLIC RECORD FOR Mover: COMMISSIONER WINTON ITEMe ON Fe fly Seconder: COMMISSIONER GONZALEZ Vote: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO ABSENT: 1 - COMMISSIONER TEELE Action: PASSED ON FIRST READING City of Miami Page 4 of 5 12592 ' File Number: 04-00672 Enactment Number: 12592 Date: SEPTEMBER 27. 2004 Mover: COMMISSIONER WINTON Seconder: VICE CHAIRMAN GONZALEZ Vote: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO Action: ADOPTED Date: SEPTEMBER 30.2004 Action: SIGNED BY THE MAYOR I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that this constitutes a true and correct copy of Ordinance No. 12592, passed by the City Commission on 9/27/2004. September 08, 2006 Deputy Clark if:t•P A. ° 'hi rrmjisoii, CitY Clerk) Date Certified {1} Words and/or ffggtres stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. SUBMITTED INTO THE PUBLIC RECORD FOR 1TEM ON 3 -?,r)-0-). City of Miami Page 5 of 5 12592 BOBBY MADURO STADIUM CHANGE OF ZONING GI -- R-3 ORDINANCE NO. 11675 ANALYSIS FOR ZONING CHANGE REQUEST SUBMITTED INTO THE PUBLIC RECORD FOR ITEMs>ON 3-M-a1 . J-98-537 05/95/98 D NO. 11575 AN ONDINANCe Ammo PAGI So. 20 OP 'NUN SOUPS ATLAS O! TOR ci'tY OF MIAMI, PLGRZDA, BY mama T11t SOWING c ssznaiTZGN PION 0/I OOVINSININT AND INSTITUTIONAL TO R•3 I®ION DBM9IT .MQI+TL-PANILY R11SIJt1SNTIAL POOR TWN PROPWRT1LLOCATID AT APPROXZIp1T1LY R303 NONTONST 10 AWNS, NIANZ, FLORIDA; WRUNG FINDINGS; cOIPZAZNINO A RA MLRR PROVISION AND A 8*ViWABILITY CLAUSE, +ANO PROVIDING FOR AN i nCPIvR DATE. MESAS, the Planning Advisory Board, at its meeting of Nay 20, 1098, Item No. 2, following an advertised hearing, adopted Resolution No. PAS-47-9$ by a vote of five to sexo (5-0), RWCONNINVING APPROVAL of a change of zoning classification, as hereinafter set forth: and WWIRNA8, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of 'the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter net forth; POW, TABRNPORI, BE IT OIDAZm SY TFS COIIISSIOP OF TES crrr OF MAIN I, ILORTDA: SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ,:`.e'3'ON3 a"r) . 11675 J r L Section 1. The Zoning Atlas of Ordinance Mo. i1000, as amended, the Zoning Ordinance of the City of Miami, Florida, Page 20, Article 4, Section 401, Schedule of District Regulations, is hereby amended by changing the xoning classification from 0/i Government and Institutional to R-3 Median Density Multi -Family Residential fax the property located at 2301 northwest 10th Avenue Miami, Florida, wors particularly described he the south 9011.01 feet of the Mast half ON MD Of the Northeast quarter (3m MI of the loutlwst quarter (SR ;) , of Section Zi, Township 53 South, Range 41 Nast, lying and being in Miami -Dade County, Florida, contaiaiag 14 acres, excepting therefrom the hest 25 fast and the South 25 feet and the bast thereof, used hereafter for public road and street purposes, and purposes incidental thereto. Section g. It is hereby found that this zoning classification change, (a) is in conformity with the adopted Miami Comprehensive Neighborhood Flan; (b) is not contrary to the established land use pattern; (c) will not create en isolated district unrelated to adjacent end nearby districts: (d) is not out of scale with, the needs of the neighborhood or the City; (e) will not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.: (f) is necessary due to changed or changing conditions: - 2 _ 11675 SUBMITTED INTO THE PUBLIC RECORD FOR j ITEMLON 3-n-o-z, SUBMITTED INTO1HE PUBLIC RECORD FOR ITEM a 3 ON a aqb-2. 4g) will not adversely influence living conditions in the neighborhood: fh) will not create or excessively increase traffic congestion or otherwise affect public safety: (1) will not create a drainage problem: 4j) will not seriously reduce light and air to adjacent area: {k) will not adversely affect property value in the adjacent area: (1) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations: and tm) will. mot constitute a grant of spacial privilege to an individual owner so as to eoepraaiss the protection of the public welfare. Section 3. page No. 20 of the Zoning Atlas, wade a past of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, florid*, by reference and description in said Ofdiranee, is hereby amended to reflect the changes made necessary by this Ameadment. section 4. All ordinances or parts of ordinancea insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repseled. Section 5. If any section, part of section, paragraph, clause, phrase, or mord of this Ordinance is declared invalid, 3 11675 1 the remaining provisions of thin Ordinance shall not be affected. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.1 PASSED CO FIRST READING BY TITLE ONLY this 26th day of May , 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING SY TITLE ONLY this 23rd day of June , 1998. JOB CAROLLO, MAYOR In accordance rah Alison Cods Bea. 2.38. efna the Mayor did not lndth a approval of the Ingialeflon by signing It in the designated place provided. said legislation . _ ar becomes diode with the elapse of ten (10) days from the date of Commission action regarding same, without the Mayor =or ain° a veto. ATTEST: 507, G W cloak 1 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM.13_ON 3a-0-0-1. r Tide Otmaaece dull become effopivc as specified bade artless vetoed by the Mayor wtihla tea days from the date it was paned and adopted. If the Mayor vetoes this Orditaax, d shell became et live idmodistdy upon override of the veto by the City Commission or upon tbe eaxYlve date stated hada. whichcvsr is later. - 4 - 11875 PZ-t 17 PLANNING FACT SHEET APPLICANT CAy of Warns D.paAmsat w Punning and Owabpnrsnt. HEARING DATE May 20.10. REQUEST/LOCATION Arrandnwn b the Aim of Zonhnp Ordnance 11000. MAL pESCRIPTION WA PETITION flansidawtlan etanrsnd1s dr Atlas o0Z0nIs OrdfnMroa 11000. as anNrtdad, tla bap Ordbwta at ea Cky al mead by bonding the aof 'Kr r on br Ibs Mops* Wald atapprodmalely �d to 1Wl�"AiNfar and Elobby Msdws1110d1aarj PLANNN G RECOMMENDATION BACKGROUND AND Pam ass affacbsdwlysk. ANALYSIS SUBMITTED INTO THE PUBLIC RECORD FOR ITEMS ONE-Y,-(5-7. PLANNERS ADVISORY BOARD „ Tovai VOTE }o =TYCOWN$$ION TMad First ltaadias OR Itay 16. 1998. APPLICATION NIAIMER 11.018 tlaaa dE cm OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT 4M s.Ia' AMtM& V*FLOOR * Mla. FLORIDA. OM PNOIR MFt4la L 5 1 ANALYSIS FOR ZONING CHANGE REQUEST Approximately 2301 NW 10th Avenue. OpBeady, Ns. MOM Panama to Article 4. Section 401 wad Attica 22 of Ordinance 11000. es amended. the Zoning Ordinance of the ter of Miaati. Norlda, the proposal has been reviewed for ink amendment to the Zosinp Atlas as *Bows: APPROXIMATELY 2301 ?4W 106 Awoae treat GA "Get►e totem and budenal" to 1R4 ndeltraadtv bledlumaesity Rom" (Couplets lap! desaipilen ea file with the Ma of Hearin Beads). The Po0.wlas Bsdiams have been node: • It is hand that the ittSut property has the RG) "Midi m1ly Melons -Density Residential" UMW designed= leamediataty a§aceat to the northwest (see attached )• • It is tuned that the proposal chase will allow the subject property to be developed at a moderate level dam reuldendal use, which will provide oppoetutdtles for k so complement the immediately wieeent neighborhood Based .s these findings tie O.p•rtment of Plaw.i0R and Development is reeenumm ing approval orate appleatloa as prenatsd.. 1 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ON 3-flb7. 11675 J Ngsae Ns. 07.1 Otte Apr 7. 1007 SUBMITTED INTQ THE PUBLIC RECORI FOR ITEML_ON &�i-oi. 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Lukacs From: Elvis Cruz [ElvisCruz@mac.com] Sent: Monday, March 26, 2007 9:15 AM To: John Lukacs Subject: FW: Ordinance 11675 - Bobby Maduro Zoning Change and Back-up Documents Attachments: 0-11675. pdf OK, Rey de Espana, Here it is! Forwarded Message From: "Hernandez, Julia D." <jdhernandez@miamigov.com> Date: Mon, 26 Mar 2007 10:01:56 -0400 To: Elvis Cruz <elviscruz@mac.com> Conversation: Ordinance 11675 - Bobby Maduro Zoning Change and Back-up Documents Subject: Ordinance 11675 - Bobby Maduro Zoning Change and Back-up Documents Per your request, see attached. Should you require further assistance do not hesitate to contact me. Julia Hernandez 305-250-5361 End of Forwarded Message SUBMITTED INTO THE PUBLIC RECORD FOR ITEM�ON 3_-0,. 3/26/2007 (EXCERPTS) MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN SUBMITTED INTO THE PUBLIC RECORD FOR FUTURE LAND USE Goal LU-1: Maintain a land use pattern that (1) protects and enhances the quality of life in the city's residential neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and intemational commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts; and (6) protects and conserves the city's significant natural and coastal resources. 1 Objective LU-1.1: Ensurethat land and development regulations are consistent with fostering a high quality of life in all areas, including the timely provision of public facilities that meet or exceed the minimum level of service (LOS) standards adopted in the Capital Improvements Element (CIE) of the Miami Comprehensive Neighborhood Plan. Policy LU-1.1.1: Development orders authorizing new development or redevelopment that results in an increase in the density or intensity of land use shall be contingent upon the availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the CIE. Policy LU-1.1.2: The City's Planning Department, with the assistance of various City departments and agencies, shall be responsible for monitoring the current and projected LOS provided by public facilities. The Planning Department shall perform the required concurrency review of proposed development for submittal to the State Department of Community Affairs (DCA), as required by Florida statutes and administrative rules Policy LU-1.1.3: The City's zoning ordinance provides for protection of all areas of the city from: (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities; and (3) transportation policies that divide or fragment established neighborhoods. Policy LU-1.1.4: The City will increase its code enforcement efforts by 10% each year and continue the enforcement of performance standards with the intent of preserving and enhancing neighborhood environmental conditions. Policy LU-1.1.5: [Reserved] Policy LU-1.1.6: The City's street and storm sewer improvement projects will provide curb and gutter, and street landscaping, unless deemed to be physically or economically infeasible. Miami Comprehensive Neighborhood Goals objectives Policies June 2006 SUBMITTED INTO THE 'PUBLIC RECORD FOR ITEM :', ON . Policy LU-1.1.7: Land development regulations and policies will allow for the provision of adequate neighborhood shopping, recreation, day care, entertainment, and other neighborhood oriented support activities. Policy LU-1.1.8: The City's Planning Department will be responsible for coordinating the City's land development regulations and policies with those of Miami -Dade County and adjacent municipalities. Policy LU-1.1.9: The City will maintain low to moderate density uses in the West Flagami area of the city (as shown on Figure 111.1 of Volume II — Data and Analysis of the MCNP) as necessary to protect the secondary aquifer recharge area. (See Natural Groundwater Aquifer Recharge Policy AR-1.2.1.) Policy LU-1.1.10: The City's land development regulations will encourage high -density residential development and redevelopment in close proximity to Metrorail and Metromover stations, consistent with the Station Area Design and Development Plan for each station. (See Transportation Policy TR-1.5.2 and Housing Policy HO-1.1.9.) Policy LU-1.1.11: The City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay that have a land use and zoning classification of Conservation, as shown on "Attachment A," as an Urban Infill Area pursuant to Miami -Dade County's designation of an Urban Infill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, and the redevelopment of substandard sites. Maintenance of transportation levels of service within this designated Urban Infill Transportation Concurrency Exception Area shall be in accordance with the adopted Transportation Corridors level of service standards set forth in Policies TR-1.1.2 and 1.1.3 of the Transportation Element of the MCNP. Policy LU-1.1.12: In order to encourage the development and maintenance of educational facilities in the City of Miami, the City's Land Use policies permit schools in all land use classifications except Conservation, Restricted Parks and Recreation, and Industrial. During pre -development program planning and site selection activities, the City shall coordinate with Miami -Dade Public Schools and continue to seek, where feasible and mutually acceptable, to co -locate schools with other facilities such as parks, libraries, and community centers to the extent possible. Objective LU-1.2: Promote the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial areas. Policy LU-1.2.1: The City defines blighted neighborhoods as areas characterized by the prevalence of older structures with major deficiencies and deterioration, high residential vacancies, widespread abandonment of property, litter and poor Miami Comprehensive Neighborhood Plan 2 Goals Objectives Policies June 2006 Policy LU-1.4.11: The City will continue to streamline the development application for development approvals to simplify and standardize the process, while ensuring that the regulatory intent of the approvals is maintained. Policy LU-1.4.12: The City will continue to implement the Downtown DRI development orders for downtown and Southeast Overtown/Park West, and seek approval for future increments of development in a timely manner. Objective LU-1.5: Land development regulations will protect the city's unique natural and coastal resources, and its historic and cultural heritage. Policy LU-1.5.1: Development orders in the city will be consistent with the goals, objectives and policies contained in the Natural Resource Conservation and Coastal Management elements of the Miami Comprehensive Neighborhood Plan. Policy LU-1.5.2: Land use regulations and development policies will be consistent with the intent and purpose of Miami -Dade County's Waterfront Charter Amendment, Shoreline Development Review Ordinance, and the rules of the Biscayne Bay Aquatic Preserve Management Area. Objective LU-1.6: Regulate the development or redevelopment of real property within the city to insure consistency with the goals, objectives and policies of the Comprehensive Plan. Policy LU-1.6.1: The "Interpretation of the Future Land Use Plan Map" section of this element, which follows these land use goals, objectives and policies, establishes the activities and facilities allowed within each land use category appearing on the Future Land Use Plan Map, and the City's land development regulations shall be consistent with this section of the Miami Comprehensive Neighborhood Plan. Policy LU-1.6.2: [Reserved] Policy LU-1.6.3: The City's Planning Department shall review all proposals to amend the City's zoning ordinance and any other land development regulations, and shall report as to the consistency between any proposed amendment and the Miami Comprehensive Neighborhood Plan, to the Planning Advisory Board, the City's "local planning agency," which will then forward its recommendation to the City Commission for approval and adoption. Policy LU-1.6.4: Any proposal to amend the City's zoning ordinance that has been deemed to require an amendment to the Future Land Use Plan Map by the Planning Department, shall require a concurrency review and a finding from the Planning Department that the proposed amendment will not result in a LOS that falls below the adopted minimum standards, and will not be in conflict with any element of the Miami Comprehensive Neighborhood Plan. Based on its evaluation, and on other relevant planning considerations, the Planning Department will forward a recommended action Miami Comprehensive Neighborhood Plan Goals Objectives Policies June 2006 6 i ( on said amendment to the Planning Advisory Board, which will then forward its recommendation to the City Commission. Policy LU-1.6.5: The City may continue to use special district designations as a land development regulation instrument for the purpose of accomplishing specific development objectives in particular areas of the city. Policy LU-1.6.6: The City will continue to enforce signage regulations to ensure the quality of life in the city's neighborhoods. Policy LU-1.6.7: [Reserved] Policy LU-1.6.8: The City's land development regulations and policies will allow for the provision of open space in development projects in both residential and commercial areas. Policy LU-1.6.9: The City's land development regulations will establish mechanisms to mitigate the potentially adverse impacts of future development. Policy LU-1.6.10: The City's land development regulations and policies will allow for the provision of safe and convenient on -site traffic flow and vehicle parking. Policy LU-1.6.11: The City's land development regulations and policies will insure that areas designated conservation are protected from development other than that which promotes its passive appreciation. Objective LU-1.7: Encourage recreational development within designated recreation use areas, concentrating activities where the capacity of existing public facilities can serve development meeting adopted LOS standards. Policy LU-1.7.1: The City's land development regulations will direct recreational activities to areas of the city where facilities and services are available. Goal LU-2: Preserve and protect the heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's historic, architectural and archaeological resources. (See Coastal Management Goal CM-5.) 7 Objective LU-2.1: Maintain, update and amplify the City of Miami portion of the Miami - Dade County Historic Survey, which identifies and evaluates the city's historic, architectural and archaeological resources. (See Coastal Management Objective CM- 5.1.) Policy LU-2.1.1: The City will continue to identify potential historic districts and conduct further surveys of contributing and noncontributing buildings. (See Coastal Management Policy CM-5.1.1.) Miami Comprehensive Neighborhood Plan Goals Objectives Policies June 2006 Sidewalks, as principal pedestrian throughways, should be designed to create a comfortable outdoor public space to accommodate a range of active and passive pedestrian activities. 17 • Buildings should have ground floor uses that activate the street and relate new development to surrounding areas. • The context and scale of new development should be reflected in new building design, including the setting back of upper floors in order to accommodate height while maintaining human scale at the pedestrian level. Objective 3-2: [Reserved] Policy LU-3.2.1: [Reserved] Policy LU-3.2.2: [Reserved] SUBMITTED INTO THE PUBLIC RECORD FOR ITEM�Q ON 3-�'Hfl. Miami Comprehensive Neighborhood Plan Goals Objectives Policies June 2006 Supporting services such as offices and commercial services and other accessory activities that are clearly incidental to principal uses are permitted; community -based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; community -based residential facilities (15+ clients), places of worship, primary and secondary schools, and day care centers for children and adults may be permissible in suitable locations. Office: Areas designated as "office" allow residential uses to a maximum density equivalent to 'High Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels; general office use; clinics and laboratories; and limited commercial activities incidental to principal activities in designated areas. Supporting facilities such as auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools may be allowed with the "Office" designation. Major Institutional, Public Facilities, Transportation and Utilities: Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities" allow facilities for federal, state and local govemment activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities. Residential facilities ancillary to these uses are allowed to a maximum density equivalent to "High Density Multifamily Residential' subject to the same limiting conditions. Restricted Commercial: Areas designated as "Restricted Commercial" allow residential uses (excepting rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions; any activity included in the "Office" designation as well as commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. Central Business District (CBD): The area designated as "Central Business District (CBD) is intended to apply to the central commercial, financial and office core of the metropolitan region, and allows all activities included in the "Office," "Restricted Commercial," and "Major Institutional, Public Facilities, Transportation and Utilities" designations. Residential facilities (except for rescue missions) alone or in combination with other uses are allowable to a maximum density of 1,000 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Also permitted is a mix of uses ranging from high density multifamily residential to high intensity office uses with retail uses on the lower floors of structures. Intensity of uses within the CBD land use designation are generally higher than those allowed in other areas of the city. Miami Comprehensive Neighborhood Plan Goals Objectives Policies June 2006 HOUSING Goal HO-1: Increase the supply of safe, affordable and sanitary housing for low and moderate income households and the elderly by alleviating shortages of low and moderate income housing, rehabilitating older homes, maintaining, and revitalizing residential neighborhoods. Objective HO-1.1: Provide a local regulatory, investment, and neighborhood environment that will assist the private sector in increasing the stock of affordable housing within the city at least 10 percent by 2005. Policy HO-1.1.1: The City defines affordable (moderate -income) housing in accordance with the current standards and regulations of the United States Department of Housing and Urban Development (HUD). The City continues to promote equal access to housing opportunities. With other govemmental agencies, it enforces fair housing ordinances. Policy HO-1.1.2: Continue and expand the City's current affordable housing programs and continue its participation in federal housing programs and the county Documentary Stamp Surtax Program. Policy HO-1.1.3: The City will continue to develop comprehensive neighborhood redevelopment plans and programs that encourage private developers to build new, or rehabilitate old, residential structures and ensure that public investments are coordinated with private sector developments to increase the overall attractiveness of redeveloping neighborhoods. Policy HO-1.1.4: Tax Increment Financing districts, which are designated by Miami - Dade County, as a mechanism for financing public improvements in residential areas and stimulating neighborhood revitalization, will continue to be used. Policy HO-1.1.5: The City will continue to enforce, and where necessary strengthen those sections of the land development regulations that are intended to preserve and enhance the general appearance and character of the city's neighborhoods. Policy HO-1.1.6: The City will continue to encourage the restoration and adaptive and sensitive reuse of historic or architecturally significant housing through the appropriate and equitable use of zoning incentives. Policy HO-1.1.7: The City will continue to control, through restrictions in the City's land development regulations, large scale and/or intensive commercial and industrial land development which may negatively impact any residential neighborhood. Policy HO-1.1.8: Through the land development regulations, the City will protect and enhance existing viable neighborhoods in those areas suitable for housing. Miami Comprehensive Neighborhood Plan Goals Objectives Policies June 2006 26 it Policy HO-1.1.9: The City's land development regulations will encourage high -density residential development and redevelopment in close proximity to Metrorail and Metromover stations, consistent with the Station Area Design and Development Plan for each station. (See Land Use Policy LU-1.1.10 and Transportation Policy TR-1.5.2.) =p 4 ~ U.- :D �c-- cc ") Oz in 1)o t-L2 COm:3 CO W 27 Policy HO-1.1.10: Reserved. Policy HO-1.1.11: [Reserved] Objective HO.1.2: Conserve the present stock of low and moderate -income housing within the city and reduce the number of substandard units through rehabilitation, reduce the number of unsafe structures through demolition, and insure the preservation of historically significant housing through identification and designation. Policy HO-1.2.1: The City defines low-income housing in accordance with the current standards and regulations of the United States Department of Housing and Urban Development (HUD). Policy HO-1.2.2: The City will continue, and when necessary expand, low and moderate -income housing programs with the intent of preventing a net loss of low and moderate -income housing units within the city. Policy HO-1.2.3: The City's housing programs will provide for low and moderate - income, low density housing in scattered site locations as an alternative to the geographic concentration of low-income housing. Policy HO-1.2.4: The City will continue to assist non-profit, community -based organizations in the development and provision of low and moderate -income housing projects as an altemative to.the public sector provision of low and moderate -income housing. This assistance will include, but not be limited to, technical assistance, marketing and financial planning assistance, and the provision of public improvements, such as street improvements, curbing, landscaping and public open spaces, proper drainage and street lighting. Policy HO-1.2.5: The City defines substandard housing as any residential unit that lacks either complete kitchen or plumbing facilities or does not satisfy health and safety codes. Policy HO-1.2.6: Withthe intent of preserving and enhancing neighborhood character, the City will utilize code enforcement to prevent the illegal conversion of single-family residences into multifamily units. Policy HO-1.2.7: The City will continue to enforce, and where necessary, to strengthen those sections of the zoning ordinance that are intended to preserve and enhance the general appearance and character of the city's neighborhoods. Miami Comprehensive Neighborhood Plan Goals Objectives Policies June 2006 CITY OF MIAMI EVALUATION AND APPRAISAL REPORT (EXCERPTS) PAGES 3, 52, 54, 55, 226 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM_JON 3-?()-o, City of Miami Evaluation and Appraisal Report Issue C. Neighborhood Integrity The City of Miami is comprised of a series of neighborhoods with distinct histories, socioeconomic characteristics, land uses, functions, development trends, and challenges. The integrity of these existing neighborhoods is threatened by a number of factors, including encroachment of incompatible land uses, the need for locally appropriate development standards, unmet redevelopment and infrastructure needs, and slum and blight conditions. Strategies to protect existing neighborhoods from incompatible development and negative impacts need to be addressed in the MCNP. Issue D. Transportation Amenities need to be provided to attract more trips to alternative modes of transportation, such as transit, pedestrian and bicycle. Transportation and land use needs to be coordinated more closely, and transportation problems (excessive speeds, congestion, traffic noise, inappropriate roadway classifications, negative impacts on neighborhoods) need to be addressed. Many areas lack adequate parking. The person trip methodology needs to be revisited to ensure that the results of the calculations accurately reflect the capacity of corridors. Transportation Control Measures will be revised. As per the requirements of S. 163.3191, Florida Statutes, this document includes an analysis of these issues, their impacts, and corrective measures, including plan amendments. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM"ON 3 City of Miami Evaluation and Appraisal Report residents and businesses. Strong neighborhoods are necessary in order to attract and retain these households. Moreover, strong neighborhoods play a role in crime reduction and in addressing other social problems, lessening the negative economic impacts and public costs associated with these issues. 3. Miami Comprehensive Neighborhood Plan Impacts and Recommendations Section 163.3191 (2)(g), F.S., requires that the EAR evaluate the plan objectives within each element as they relate to the major issues and identify, where appropriate, unforeseen or unanticipated changes in circumstanceswhich have resulted in problems or opportunities with respect to the major issues. Issue I.C., "Protection and Enhancement of Neighborhood Integrity", impacts the following Elements, Goals, Objectives and Policies of the City of Miami's Miami Comprehensive Neighborhood Plan. Specific recommendations to address these impacts are made where appropriate and warranted. a. Future Land Use Element The following objective and policies are impacted, but no amendments are necessary to address these issues: Objective and Policies LU-1.1.12, LU-1.2.1, LU-1.3.11, LU-1.3.12, LU-1.4.7, LU-1.6.5, LU-1.6.6 and LU-3.1.2. The following Goal, objectives and policies are impacted, and should be amended as noted: Goal LU-1 is impacted because it calls for protection of the City's residential neighborhoods. It is recommended that the word "residential" be removed, and that the language be revised to call for protecting the integrity and quality of the City's existing f eighborhoods. O c 1--" LL t olicy LU-1.1.3 states that the City's zoning ordinance shall provide for the protection of O "—at \ 11 areas from the encroachment of incompatible uses, adverse impacts of future land uses c1 n adjacent areas, and transportation policies that fragment and disrupt neighborhoods. Z t is recommended that this Policy be revised to add that strategies to further protect O Z existing neighborhoods through the development of appropriate transition standards and Q W O buffering requirements will be incorporated into the City's land development regulations. Ce olicy LU-1.1.4 is impacted because it states that the City will increase its code nforcement efforts by 10 percent a year with the intent of preserving and enhancing eighborhood conditions. It is recommended that this Policy be amplified to state that co �"Jco the Citywill continue to aggressively address code violations in its neighborhoods g�' Y g (i j through the implementation of ongoing and new neighborhood improvement and code CO }---- enforcement strategies and initiatives. Policy LU-1.1.7 is impacted because it states that the land development regulations and policies will allow for the provision of neighborhood shopping, recreation, day care, entertainment, and other neighborhood -support activities. It is recommended that this Policy be amended to more clearly call for the development and redevelopment of well - designed mixed -use neighborhoods that provide for the full range of residential, office, 52 City of Miami Evaluation and Appraisal Report violations in its neighborhoods through the implementation of ongoing and new neighborhood improvement and code enforcement strategies and initiatives. Policy LU-1.3.14 is impacted because it calls for urban design guidelines for public and private projects. It is recommended that this Policy be amended to state that such guidelines should reinforce and be consistent with neighborhood character, history and function, and in accordance with the neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives. Policy LU-1.4.1 is impacted because it calls for the use of special use districts, and directing public sector regulatory, financial and promotional efforts to reinforcing the identity and cohesiveness of downtown districts. It is recommended that "in. accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives" be added after downtown districts. Policy LU-1.4.10 is impacted because it calls for modifications to existing regulations to provide greater flexibility in the design and implementation of mixed -use development downtown and along the Miami River. It is recommended that "in accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives" be inserted after "Miami River". Policy LU-1.6.9 is impacted because it states that the land development regulations will establish mechanisms to mitigate adverse impacts of future development. It is recommended that this Policy be revised to also call for the elimination of adverse impacts on neighborhoods through the development of appropriate transition standards and buffering requirements. Policy LU-3.1.1 is impacted because it calls for the City to review zoning regulations to ensure that they provide adequate flexibility to redevelopment. It is recommended that this Policy be amended to continue to review zoning regulations to insure that they provide adequate flexibility to redevelopment. b. Housing Element The following Goals, objective and policies are impacted, but no amendments are necessary to address these issues: Goal HO-1, HO-2, objective 2.1 and policies HO-1.1.3, HO-1.1.4, HO-1.1.8, HO-1.2.6, HO-1.2.8, HO-2.1.1, HO-2.1.3 and HO-2.1.4. The following goal and policies are impacted, and should be amended as noted: Policy HO-1.1.5 states that the City will strengthen sections of the land development regulations intended to preserve and enhance the appearance and character of the City's neighborhoods. It is recommended that this Policy be amended to add "and to buffer such neighborhoods from incompatible uses through the implementation and enforcement of transition and buffering standards". 54 W t/ Ccr Z O Z W W cc 6) c.) co co L S W City of Miami Evaluation and Appraisal Report Policy HO-1.1.7 is impacted because it calls for protecting residential neighborhoods from large scale and/or intensive commercial and industrial development. It is recommended that this Policy be amended to also call for providing appropriate transitions between high rise and low rise residential developments. Policy HO-1.2.7 states that the City will enforce and where necessary strengthen the land development regulations to enhance the general appearance and character of City neighborhoods. It is recommended that this Policy be amplified by deleting "where necessary", and that "and to implement neighborhood specific design and development standards that may be developed as a result of the amendments to the City's land development regulations and other initiatives" be added. Policy HO-2.1.2 is impacted because it calls for revising residential zoning district regulations to provide flexibility for the design and development of a variety of contemporary housing types and mixed -use development with the application of higher density zoning. It is recommended that this Policy be revised to add "in accordance with neighborhood specific design and development standards that might be adopted as a result of the amendments to the City's land development regulations and other neighborhood planning initiatives". c. Solid Waste Element The following policies are impacted, but no amendments are necessary to address these issues: Policies SW-1.3.2 and SW-1.3.3. The following policy is impacted, and shouldbe amended as noted: Policy SW-1.3.1 states that the City will continue its "Clean Neighborhoods Campaign", and support the County's "Keep Dade Beautiful" Campaign through public awareness and information programs. It is recommended that this Policy be amended to delete references to specific campaigns, and to state that the City will continue to actively support and implement neighborhood clean-up and beautification efforts. d. Ports and Aviation Element The Ports and Aviation Element is not impacted by this issue. e. Parks, Recreation and Open Space Element The following objective and policies are impacted, but no amendments are necessary to address these issues: Objective PR-1.5 and Policies PR-1.2.3 and PR-1.4.3 The following policies are impacted, and should be amended as noted: Policy PR-1.1.1 states that the City will develop detailed management plans for neighborhoods with critical shortages in access to recreation open space. It is recommended that a provision be added to ensure that neighborhood park space 55 City of Miami Evaluation and Appraisal Report CHAPTER IV. RECOMMENDATIONS The following Chapter includes a complete listing of the Evaluation and Appraisal Report recommendations by Element. These recommendations are made as a result of the evaluation and appraisal of the Miami Comprehensive Neighborhood Plan that is documented in Chapters I., II. and III. Please refer to these chapters for more information about the reasons that specific recommendations are being made. A. Miami Comprehensive Neighborhood Plan Recommendations (Recommended New Goals, Objectives and Policies) Recommendation MCNP-1. The use of school playgrounds and recreational facilities for community recreation purposes, and of City parks to meet the recreational needs of students, is an excellent strategy for increasing the recreational opportunities available to City residents, visitors, and workers, and for reducing land requirements that might otherwise prevent public schools from opening in a dense urban environment. It is therefore recommended that objectives and policies calling for increasing the number of joint park/school agreements between the City and Miami -Dade County Public Schools be added to the Future Land Use, Parks, Recreation and Open Space, and Intergovernmental Coordination Elements. Recommendation MCNP-2. Add the Recreation and Open Space Element encouraging landscaped pedestrian and bicycle linkages between existing and planned park sites, where appropriate and feasible, and supporting the Miami River Commission and Trust for Public Lands efforts to create a Miami River greenway. Recommendation MCNP-3. Add objectives and policies to the Land Use and Natural Resources Elements calling for protection of the City's tree canopy and significant trees through the implementation of a tree protection ordinance. B. Future Land Use Element Recommendations Recommendation LU-1. Amend Goal LU-1 to remove the word "residential" before "neighborhoods", and to call for protecting the integrity and quality of the City's existing neighborhoods. Recommendation LU-2. Amend Policy LU-1.1.3 to add that strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City's land development regulations. Recommendation LU-3. Amend Policy LU-1.1.4 to state that the City will continue to aggressively address code violations in its neighborhoods through the implementation of ongoing and new neighborhood improvement and code enforcement strategies and initiatives. 226 CODE OF ZONING ARTICLE 25 DEFINITIONS SUBMITTED INTO THE PUBLIC RECORD FOR ITEMZLIT . vvvIrll I ILL/ IIY i V J ,f= ARTICLE 25. DEFINITIONS PUBLIC RECORD Mr' Toght-ent110 �Buildingmaterials yards. An outdoor area use of s ruction and bo%uilding supplies, which may contain accessory buildings or structures associated with the storage service. Building permit. The permit required for new construction and additions pursuant to section 19- 1 of the City Code. Building supply stores. See Retail. Build -to line. A line established within a given lot indicating the margin along which the outer edge of a structure must be located. Bulk. The size of buildings or structures, and their relationship to each other and to open areas and lot lines, and includes: (1) The size of a building or structure; (2) The area of the lot upon which a building or structure is located, and the number of dwelling units within such a building or structure in relation to the area of the lot; (3) The shape of a building or structure; (4) The location of exterior walls of a building or structure in relation to lot lines, to other walls of the same building or structure, to legally required windows, or to other buildings or structures; and (5) All open areas relating to a building or structure and their relationship. Bulletin board. An outdoor display device accessory to and on the premises of places of worship, schools, or other institutions, auditoriums and the like for providing public notice identifying the premises and indicating nature and hours of events, names of principal officers, and the like. As employed in relation to these and other principal uses, the term is also intended to include outdoor display devices serving as directories and giving guidance as to the location of persons or uses on the premises. Bulletin board, community or neighborhood. Sign structure intended and reserved for the free and informal posting of temporary notices by individuals or public or quasi -public organizations, clubs, and the like. Business center. A grouping of office cubicles and/or separate single room office spaces within a residential complex for the purpose of conducting extended home occupations within a residential complex of over one hundred (100) units; said use shall be located on the lower, or public (nonresidential) levels of such residential buildings and shall be permissible pursuant to Sec. 906.7 with the following additional requirements: 1. The total combined office space uses within such a business center may not exceed five (5) percent of the square footage of the residential building in which the business center is to be located. 2. The Class I Special Permit shall require notice to any tenant or homeowner associations within the building in which the business center is to be located. 3. The office uses permissible within such business centers shall be limited to those permissible within home occupations as specified in Sec. 906.5.; such uses must also comply with the limitations for employees. 4. Occupants of such office spaces within a business center shall reside in the building in which the business center is located. Business services. Establishments primarily engaged in rendering services to businesses on a fee or contractual basis, such as advertising and mailing, building maintenance, employment service, management consulting services, protective services, equipment rental, leasing, commercial research, development and testing, photo finishing, duplicating, and secretarial services. http://library1.municode.com/mcc/DocView/11251/1/3/29?hilite=defmitions;definition; 3/24/2007 ARTICLE 25. DEFINITIONS Page 8 of 33 Canopy. A fixed roof -like structure which is in whole or in part self-supporting with open sides which provide shade or protection. Car shelter. An accessory structure made of canvas, aluminum, or similar materials, or any combination thereof, on movable framing for the shade and shelter of one (1) or two (2) private passenger vehicles. Car space, total. Garage or other off-street parking space, together with appropriate access and maneuvering ways, available to occupants. Carport. A carport is a portion of a principal residential building or a building accessory to a residential use designed to be used for shelter of motor vehicles, unenclosed at the vehicular entry side and for an area at least equal to twenty (20) percent of the area of the outer surface of walls which might otherwise be constructed along its entire remaining perimeter. Where enclosure exceeds this amount, the shelter shall be construed to be a garage. Catering service, industrial. An industrial catering service uses vehicles equipped to transport food to be sold directly from such vehicles. Catering service, social or home. A social or home catering service provides food and incidental service for a social affair or for a private dwelling, but does not use commercial vehicles that are equipped in any manner for the purpose of transporting food to be sold directly from such vehicles. CBD storage facility. A CBD storage facility is a facility providing for the storage of office fumishings, archive records and general personal property of businesses, agencies and professionals located in the CBD District. Such personal property is limited to: fumiture and other household goods and retail merchandise to be sold at establishments in the CBD-1 District; provided, however, that storage of heavy equipment or any property that may be deemed hazardous, such as property which is inflammable, combustible, explosiveor dangerous, is expressly prohibited. Cemetery. Property used for the interring of the dead. Change of occupancy or change of use. The terms "change of occupancy" or "change of use" shall mean a discontinuance of an existing use and the substitution therefor of a use of a different kind or class. Change of occupancy or change of use is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use. Changeable copy sign. Sign on which copy can be changed either in the field or by remote means. Character. Special physical characteristics of a structure or area that set is apart from its surrounding and contribute to its individuality. Child care facility. See Child daycare center. Child daycare center. A child daycare center is an establishment where six (6) or more children, other than the members of the family occupying the premises,. are cared for on a part-time basis away from their own home by day or by night. The term includes day nurseries, kindergartens (other than in connection with other schools), daycare centers or services, daycare agencies, nursery schools, play schools, and similar care facilities primarily for preschool children. The term does not include community based residential facilities, family daycare homes, foster homes, group homes, rehabilitation or detention centers, orphanages, or other places operating primarily for remedial care. Church. A building or structure which by design and construction is primarily intended for the conduct of organized religious services and associated accessory uses. This term does not carry secular connotation and includes the buildings or other locations in which the religious services of any denomination are held. This definition may include meditation garde INTOCity. The City of Miami, Florida. THE City Code. The Municipal Code of the city, as amended. PUBLIC RECORD FOR ITEM '3 ON3-ai http://libraryl .municode.com/mcc/DocV iew/ 11251 / 1/3/29?hilite=defuutions;dennition; ARTICLE 25. DEFINITIONS Page 10 of 33 residents, as defined in Florida Statutes § 419.001, as amended from time to time. Homes of six (6) or fewer residents which otherwise meet the definition of Community Residential Home. Homes with six (6) or fewer residents which otherwise meet the definition of a "Community Residential Home", as defined herein, function as a single-family unit, subject to distance limitations as set forth in Article 4 of this zoning ordinance. Community theater. An enclosed space suitable for a variety of cultural arts performances, permanently available, and managed and promoted on a nonprofit basis; principal use of the space shall be for public performing arts presentations, although incidental use for private meetings, exhibits and presentations shall be permitted. Compatibility. (1) Having harmony in design and/or appearance between two (2) or more attributes of the structure; (2) Having harmony in design and/or appearance between two (2) or more structures; (3) Having harmony in design and/or appearance between two (2) or more attributes of a neighborhood; or (4) Having harmony in use or function between two (2) or more attributes of a neighborhood or area. Comprehensive plan. The City of. Miami Comprehensive Neighborhood Plan. Conforming lot. See Lot, conforming. Construction, actual. The placing of construction materials in a permanent position and fastened in a permanent manner; except that, where demolition, excavation, or removal of an existing (� structure has been substantially begun preparatory to new construction, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be continuously carried on without interruption, except for just cause, until the completion of the new construction involved (see definition contained herein for Continuously). Container yards. Facilities for the outdoor storage, stacking and processing of containers ntended for shipment. ;), Context. The characteristics of the buildings, streetscape, and landscape that supports or surround a given building, site, or area. (predominance of: architectural period, building materials, architectural features, landscaping patterns, and the like). Continuously. As defined with reference to actual construction defined herein, continuously shall mean that work is underway for at least fifty (50) percent of the working days (Monday through Friday, national holidays excluded) since construction began. See also Actual construction. Convalescent home. See Extended care facility. Convenience establishment. A convenience establishment is one serving daily or frequent needs for commodities or services such as eating and drinking establishments, groceries, newsstands, beauty shops, or barbershops. Coverage of a lot. That portion of a lot covered by buildings. Dance hall. A building or portion of a building used provide dance instruction. Daycare center. See Child daycare center. Delicatessen. See Restaurant. Detention facilities. See Jail. for tUta E1N1'Oi1-IE PUBLIC RECORD FOR ITEMZL'?ON3-i-o. Development. Development shall have the meaning given it in section ,z0.04, Florida Statutes, http://libraryl .municode.com/mcc/DocView/11251/1/3/29?hilite=definitions;definition; 3/24/2007 ARTICLE 25. DEFINITIONS Page 25 of 33 rent refurbished goods; or (d) sell merchandise which is new or secondhand, provided that at any one (1) time, the majority (fifty-one (51) percent) of the merchandise at any single establishment is (^ new by volume. Repair garage. Building used for the service, maintenance, major repairs, paint or body work available to the public. Rescue mission. Facility which provides ovemight, dormitory -style shelter (with or without food service provisions) to those persons lacking residences, possessions or resources. Residence hotel. See Apartment hotel. Residential. Of or pertaining to use for noncommercial or domiciliary purposes. Residential floor area. See Floor area, residential. Restaurant. An establishment where food and drink are prepared, served and consumed on the premises. See also Drive -through establishments or Drive -through facility. Retail. Sale for final consumption in contrast to sale for further sale or processing (i.e. wholesale). A sale to the ultimate consumer. Reversed frontage lot. See•Lot. Rooming and lodging house. See Boarding house or Tourist home, guest home. Rooms, habitable. See Habitable rooms. Sail making. The making of nautical sails. Scale. The spatial relationship among structures along a street or block front, including height, bulk and yard relationships. Proportional relationship of the size of parts to one another and to the , . human figure. Schools. Any building or part thereof which is designed, constructed or used for educational or instructional purposes. Schools, business or professional. Private educational facilities primarily teaching skills which apply to employment opportunities or career advancement or personal achievement. Schools, elementary. Schools licensed by the state which meet the state requirements for education. Schools, kindergarten. Schools which are preparatory to elementary school and are in compliance with a pupil progression plan approved by the Dade County School Board or a nonpublic school from which the Dade County School Board accepts academic credit. Schools, private. A building or group of buildings the use of which meets the state requirements for kindergarten, elementary, secondary or high school 'education and which use does not secure the major part of its funding from any govemmental agency. Schools, secondary. A school licensed by the state and which is authorized to award diplomas for secondary education. Schools, vocational. A secondary or higher educational facility, recognized and licensed by the state, primarily teaching usable skills that prepare students for jobs in a trade. Screening. Visually shielding or obscuring one abutting nearby structure or use from another by fencing, walls, berms, or densely planted vegetation. Setback. The distance from base building line to the SKUMerrEitirrgrobTHE constructed. Shared facilities. See combined facilities. PUjjC RECORD 1 OR Ship chandlers. A dealer in supplies and equipment for marine ITEM g ON 3- -t- http://libraryl .municode.com/mcc/DocView/11251/1/3/29?hilite=definitions;definitidn; 3/24/2007 ARTICLE 25. DEFINITIONS Page 31 of 33 shall be binding uponthe property owner(s), their successors and assigns. Urban design. The attempt to give form, in terms of both beauty and function, to urban areas. Urban design is concerned with the location, mass, and design of various urban components and combines elements of urban Planning, architecture, and landscape architecture. Urban form. The spatial arrangement of a particular environment, as defined by the connectivity of built mass and form, the natural environment, and the movement of persons, goods and information within. Use. The purpose or activity for which land, water or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained. Used car sales. Sales of cars previously owned. Variance. The relaxation of the terms of the ordinance by approval of the zoning board where such action will not be contrary to .the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this ordinance would result in unnecessary and undue hardship on the property. As . used in this ordinance, a variance is authorized only for height, lot coverage, dimensions of yards, parking, other open spaces and/or loading requirements. Vehicle rental facilities. An establishment where motor vehicles are kept and maintained for lease, where such vehicles are dropped off .or picked up and where customers complete all transactions necessary for the short term lease of such vehicles. Vessel. A vessel is any watercraft, power -driven or not, mobile or stationary, surface, subsurface or hydrofoil, including but not limited to ships, boats, houseboats, air boats, and sea planes, but excluding floating structures. Vessel, commercial. A vessel built, altered, or used for the principal purpose of engaging in water -related commercial activity, including but not limited to charter boats, fishing boats, cruise ships, and freighters. Vessel, private pleasure craft. Private pleasure craft vessels (or private pleasure craft, as the �e abb iated in these regulations in most instances) are vessels which are privately owned or prima Iy for recreational purposes. Private pleasure craft do not include commercial, official, or �s iss Is. For regulatory purposes, private pleasure craft are divided into two (2) classes: Q Q (a) Minor: Under sixteen (16) feet in length. ZCr M (b) Major: Sixteen (16) feet and over in length. Q i I'd e pleasure craft may or may not contain facilities qualifying them as dwelling or lodging u is17 they do contain such facilities, use within the 'city limits shall be govemed as provided in W t dinance, and other applicable regulations. �,.ytt nary clinic. See Animal clinic. U 4��y / lity, material impediment to. Any material obstruction to visibility which would result in of a child over two and one-half (2 1/2) feet in height approaching an intersection, or tatteal an approaching automotive vehicle or cyclist from such a child. In determinations as to %, hc{(ljnot there is material impediment to visibility, the speed, direction, and duration of movement co imE2ir*e+.potential collision or contact shall be considered. Visual impact. A modification or change that could be incompatible with the scale, form, texture, or color of the existing natural or man-made landscape. Warehouse. Terminal facilities for the handling of freight or storage of goods and materials. Warehouse, mini. See Miniwarehouse. Warehouses. Building containing separate storage spaces of varying sizes, leased or rented as http://libraryl .municode.corn/mcc/DocView/11251/1/3/29?hilite=definitions;definition; 3/24/2007 SPI-10 MERCY HOSPITAL OVERLAY DISTRICT SEC. 15101. INTENT SUBMITTED INTO THE PUBLIC RECORD FOR ITEMEir ON3-en o, . SUBMITTED INTO THE PUBLIC RECORD FOR tTEMI'IOWi -ri 01 . ZONING ORDINANCE l � Q O v CITY OF MIAMI, FLORIDA PUBLISHED BY ORDER OF THE CITY COMMISSION, 1991 A Part of the Code of Ordinances of the -City of Miami . SUBMITTED INTO THE PUBLIC RECORD FOR ITEM>QN,, PREFACE This volume contains the Zoning Ordinance of the City of Miami and constitutes the second professional codification and printing of the zoning reg- ulations of the city. It is published as a companion volume to, and part of, the 1980 City Code, as authorized by section 3(mm), building and zoning, and (jj), codification of ordinances, of the City Charter. Source materials used in the preparation of this volume were the original zoning ordinance, Ordinance 11000, adopted March 8, 1990, and all amend- ments through Ordinance No. 10879, adopted April 25, 1991. A comprehensive index has been prepared, and a frontal section analysis, listing major sections, has also been provided. A feature of this publication that is particularly useful is the comparative table of amendments. Any amendatory ordinance will be listed by ordinance number in this table, and the individual sections or subsections that were amended will be indicated. Looseleaf Supplements As future supplements to this volume are published, each supplement will contain an instruction sheet advising the user of the manner of inserting the new pages and removing the obsolete pages. The table of amendments, as well as the index, will also be updated with each supplement to reflect the new legislation. Acknowledgments The publication of this volume was under direct supervision of Leland F. Raymond, Editor -Supplements, of the Municipal Code Corporation, Talla- hassee, Florida. Credit is gratefully given to the other members of the pub- lisher's staff for their sincere interest and able assistance throughout the project. The publisher wishes to thank the members of the Planning Department for their assistance in the publication process. It is hoped that their efforts and those of the publisher have resulted in a publication which will make the zoning ordinance of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's zoning regula- tions. The preparation of this document was financially aided through a grant from the State of Florida under the Local Government Comprehensive Plan- ning Assistance Program authorized by Chapter 86.187, Laws of Florida. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM__IL3ON 31>^1ort. § 1596 MIAMI, FLORIDA the applicable LUI rating and added to the floor area derived from the a lication of the FAR applying to gross land area in the adjoining district. 4. Open space requirements including total open space, livability or pede trian open spaces, and recreational open apace (as applicable) shall be similarly comp ted for the SPI-9 and the transitional lots separately and the computations, when added togeth- er, shall be'the total required. 5. Limitations on transfer of open space from district to district Of the total open space and livability and/or pedestrian open space required, seventy-five (75) percent may be provided on the portion of the property outside the SPI-9 district. Secs. 1597-1599. Reserved. Sec. 15100. SPI.10 Mercy Hospital overlay district. Sec. 15101. Intent. Within Coconut Grove, bounded by a scenic highway (South Bayshore Dri ) as desig- nated in the Miami Environmental Preservation Ordinance on the northwest, a h storic place (Vizcaya) listed in the National Register of Historic PIaces on the northeast, and : urrounded on two (2) sides by a predominantly single-family area is a tract of land containin the Mercy Hospital complex. Because of its location and relationship to the surrounding : ea, it is of special and substantial public interest to apply special regulations on this trac of land to ensure that future development or redevelopment of this land will respect and nhance the general character of this area, and to protect against inappropriate height, d =: truction of natural and man-made features or incongruent design. Sec. 15102. Effect of SPI-10 designation. The effect of these SPI regulations shall be to modify regulations within he existing districts indicated on the official zoning atlas as within its boundaries to the exte t indicated herein for the SPI-10 district. Sec. 15103. Class C special permit required. 15103.1. When required No building permit shall be issued within the boundaries of the SPI-10 district !affecting the height, bulk, location or exterior configuration of any existing structure, or the construc- tion of any new structure, or the location or relocation or enlargement of vehicular ways or parking areas on private property, without authorization by Class C special pe 15103.2. Materials to be submitted Materials to be submitted with applications for Class C special permits shall crude such site plans, landscaping plans, elevations, surveys and reports as are required to akke deter. minations in the particular case as to conformity with the principles established low. 122 s � eLoNO< �W311 Od UIO3 3I1fld 3HJ. OJ.NI Q3JJJVV8flS MERCY HOSPITAL PUBLIC RELATIONS BROCHURE MERCY HAS OPTIONS IF 300 GROVE BAY RESIDENCES IS NOT APPROVED SUBMITTED INTO THE PUBLIC RECORD FOR ITEMI_ON The project will include a public Bay Walk and park areas that would meld excellently with the Mercy campus, in essence providing added amenities to our community, patients and staff. r The Related Group and Ocean Land Equities have developed a web site explaining the project. It is easy to navigate and contains answers to many commonly asked questions. We encourage you to visit www.relatedatthegrove.com. SUBMITTED INTO THE PUBLIC RECORD FOR ITEhrti;ON ,3 -an -01 . Public any W ath linear Park Open Space Merry MraapiWl Sge Impeccable Landscaping and This Project is is Win -Win -Beautiful Walkways for Everyone UHL• n nog€. COMM unqy Outreach PPgralinq Irattic Concerns Minimal Impact on Traffic in the Neighborhood Copyrpnr 30061M aelatee Camper. . ui Rglkta a.arrvee. S.0 frr.rry • U•aipn ey erarCt?, bt. Should the option for a high -end condominium project not materialize, the development team has an alternative plan to utilize the parcel's existing G/I zoning designation to develop an assisted living facility, medical facility or some combination of both. Interestingly, re -zoning to R-4 (residential) and construction needed for this condominium development will actually translate into a project of lesser density than a medical facility. Webelieve the community clearly should. and does have a voice as to what is built on that parcel. Choosing a low - density residential project seems to be a prudent course of action, but we are neutral on how Related and Ocean Land choose to develop the property.