HomeMy WebLinkAboutCC 2008-12-11 AgendaCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Agenda
Thursday, December 11, 2008
10:00 AM
PLANNING AND ZONING
City Hall Commission Chambers
City Commission
Manuel A. Diaz, Mayor
Joe Sanchez, Chair
Michelle Spence -Jones, Vice -Chair
Angel Gonzalez, Commissioner District One
Marc David Sarnoff, Commissioner District Two
Tomas Regalado, Commissioner District Four
Pedro G. Hernandez, City Manager
Julie 0 Bru, City Attorney
Priscilla A. Thompson, City Clerk
City Commission
Meeting Agenda December 11, 2008
ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO.
11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE
CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS,
AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS
AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL.
ANY PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE
CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR
COMMITTEES CONCERNING ANY ISSUE, SHALL DISCLOSE IN WRITING, AT THE
COMMENCEMENT (OR CONTINUANCE) OF THE HEARING(S) ON THE ISSUE THE FOLLOWING
INFORMATION:
1. WHETHER ANY CONSIDERATION HAS BEEN PROVIDED OR COMMITTED, DIRECTLY, OR
ON ITS BEHALF, TO ANY ENTITY OR PERSON FOR AN AGREEMENT TO SUPPORT OR
WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION;
2. TO WHOM THE CONSIDERATION HAS BEEN PROVIDED OR COMMITTED;
3. THE NATURE OF THE CONSIDERATION, AND
4. A DESCRIPTION OF WHAT IS BEING REQUESTED IN EXCHANGE FOR THE
CONSIDERATION.
THE DISCLOSURE FORM WHICH IS AVAILABLE FROM THE CITY CLERK MUST BE READ INTO
THE RECORD BY THE REQUESTING PERSON OR ENTITY PRIOR TO SUBMISSION TO THE
SECRETARY/CLERK OF THE RESPECTIVE BOARD.
PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY
VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS
FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO
OCCURS, OVERRIDE SUCH VETO BY A FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN
PRESENT.
ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES
BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER
AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY
VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING
OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER
REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE
COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO
QUIETLY.
THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND
THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS
AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY
CLERK IN CITY HALL, AT MIAMI RIVERSIDE CENTER, OR ON-LINE AT WWW.MIAMIGOV.COM.
ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING
IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC
HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS
POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY
CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD
City ofMiami Page 2 Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER.
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Formal action may be taken on any item discussed or added to this Agenda. Any person, or
persons, wishing to appeal any decision made by the City Commission with respect to any
matter considered at this meeting or hearing, will require a verbatim record of the proceeding
upon which the appeal is based. Any person with a disability requiring auxiliary aids and
services for meetings may call the City Clerk's Office, 250-5360, with requests at least two
business days before the meeting date.
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The City Commission has established a policy that the lunch recess will begin at the
conclusion of deliberations of the agenda item being considered at Noon; further, that
Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item
being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the
members of the City Commission then present or (b) at the conclusion of the regularly
scheduled agenda, whichever occurs first. This rule does not apply when the City
Commission is engaged in its annual budget hearings (Ordinance 12586).
City ofMiami Page 3
Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
PLANNING AND ZONING ITEM(S)
The following item(s) shall not be considered before 10:00 am.
PZ.1 07-00345xc RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING
CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 4, SECTION 401, UNDER CONDITIONAL ACCESSORY USES
ON PR -PARK, RECREATION AND OPEN SPACES DISTRICT, TO ALLOW
THE CONSTRUCTION OF AN OFFICE BUILDING FOR THE
BOAT/BROKERAGE AND MARINA BOAT ADMINISTRATION, PER THE
LEASE AND DEVELOPMENT AGREEMENT, WITH A TIME LIMITATION OF
TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED, SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED
AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA.
LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc
David Sarnoff - District 2]
APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Grove
Harbour Marina and Caribbean Marketplace, LLC, Lessee; City of Miami,
Owner
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with a condition*.
ZONING BOARD: Recommended approval with conditions* to City
Commission on September 8, 2008 by a vote of 5-2.
WATERFRONT ADVISORY BOARD: Recommended approval with
conditions* to City Commission on September 9, 2008 by a vote of 6-0. See
companion File ID 07-00345ww.
*See supporting documentation.
PURPOSE: This will allow the construction of an office building for the
boat/brokerage and marina boat administration for the Grove Harbour
Marina and Marketplace project.
NOTE: File previously known as 07-00345x.
07-00345xc Analysis.PDF
07-00345xc Zoning Map.pdf
07-00345xc Aerial Map.pdf
07-00345xc Letter of Intent.pdf
07-00345xc Application & Supporting Docs.PDF
07-00345xc Plans.PDF
07-00345xc ZB Reso.PDF
07-00345xc & 07-00345ww WAB Reso.pdf
07-00345xc CC Legislation (Version 3).pdf
07-00345xc & 07-00345ww Exhibit A.pdf
07-00345xc CC 12-11-08 Fact Sheet.pdf
City of Miami Page 4
Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
DATE:
ACTION:
DATE:
MOVER:
SECONDER:
VOTE:
ACTION:
DATE:
MOVER:
SECONDER:
VOTE:
ACTION:
SEPTEMBER 25, 2008
CONTINUED
OCTOBER 23, 2008
COMMISSIONER SARNOFF
COMMISSIONER REGALADO
AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF,
SANCHEZ, REGALADO AND SPENCE-JONES
CONTINUED --PASSED
NOVEMBER 13, 2008
CHAIR SANCHEZ
COMMISSIONER REGALADO
AYES: 2 - COMMISSIONER SANCHEZ AND REGALADO
NOES: 1 - COMMISSIONER GONZALEZ
ABSENT: 2 - COMMISSIONER SARNOFF AND
SPENCE-JONES
CONTINUED --PASSED
City ofMiami
Page 5 Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
PZ.2 07-00345ww RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), MAKING FINDINGS AND APPROVING A
MODIFICATION OF THE REQUIRED WATERFRONT CHARTER
PROVISIONS RELATING TO THE SETBACK, AS SET FORTH IN SECTION
3(mm)(ii-iv) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, FROM 50 FEET 0 INCHES TO 22 FEET 6 INCHES TO THE
NEAREST POINT BETWEEN THE NEW STRUCTURE AND THE
BULKHEAD, FOR THE GROVE HARBOUR MARINA AND MARKETPLACE
PROJECT, TO BE LOCATED AT APPROXIMATELY 2640 SOUTH
BAYSHORE DRIVE, MIAMI, FLORIDA.
LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc
David Sarnoff - District 2]
APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Grove
Harbour Marina and Caribbean Marketplace, LLC, Lessee; City of Miami,
Owner
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
WATERFRONT ADVISORY BOARD: Recommended approval with
conditions* to City Commission on September 9, 2008 by a vote of 6-0. See
companion File ID 07-00345xc.
*See supporting documentation.
PURPOSE: This will allow fewer setbacks than required for the Grove
Harbour Marina and Marketplace project.
07-00345ww Zoning Map.pdf
07-00345ww Aerial Map.pdf
07-00345xc & 07-00345ww WAB Reso.pdf
07-00345ww Letter of Intent.pdf
07-00345ww Application & Supporting Docs.pdf
07-00345ww Plans.pdf
07-00345ww CC Legislation (Version 1).pdf
07-00345xc & 07-00345ww Exhibit A.pdf
07-00345ww CC 12-11-08 Fact Sheet.pdf
DATE:
ACTION:
DATE:
MOVER:
SECONDER:
VOTE:
ACTION:
SEPTEMBER 25, 2008
CONTINUED
OCTOBER 23, 2008
COMMISSIONER SARNOFF
COMMISSIONER REGALADO
AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF,
SANCHEZ, REGALADO AND SPENCE-JONES
CONTINUED --PASSED
City of Miami Page 6
Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
DATE: NOVEMBER 13, 2008
MOVER: CHAIR SANCHEZ
SECONDER: COMMISSIONER REGALADO
VOTE: AYES: 2 - COMMISSIONER SANCHEZ AND REGALADO
NOES: 1 - COMMISSIONER GONZALEZ
ABSENT: 2 - COMMISSIONER SARNOFF AND
SPENCE-JONES
ACTION: CONTINUED --PASSED
City ofMiami
Page 7 Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
PZ.3 04-00897cm1 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING A SECOND MODIFICATION TO A
DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT)
DATED NOVEMBER 16, 2004 AND RECORDED IN OFFICIAL RECORDS
BOOK 22923, PAGE 3035, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 2255, 2263 AND 2295 SOUTHWEST 37TH AVENUE,
3685 AND 3695 SOUTHWEST 23RD STREET, AND 3672 AND 3688
SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA.
LOCATION: Approximately 2255, 2263 and 2295 SW 37th Avenue, 3685
and 3695 SW 23rd Street, and 3672 and 3688 SW 22nd Terrace
[Commissioner Tomas Regalado - District 4]
APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Statvel
Three, LLC
FINDINGS:
PLANNING DEPARTMENT: N/A.
PURPOSE: This will allow a second modification to the existing covenant
because of a change to the previously approved architectural plans.
04-00897cm1 Zoning Map.pdf
04-00897cm1 Aerial Map.pdf
04-00897cm1 Letter of Intent.pdf
04-00897cm1 Declaration of Restrictions (2004 Covenant).pdf
04-00897cm1 CC Reso R-07-0655.pdf
04-00897cm1 Supporting Docs.pdf
04-00897cm1 Legislation (Version 1).pdf
04-00897cm1 Exhibit A.pdf
04-00897cm1 CC 12-11-08 Fact Sheet.pdf
City of Miami Page 8
Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
PZ.4 07-00939zt ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 627,
CONCERNING THE SD-27 MIDTOWN MIAMI SPECIAL DISTRICT TO
CLARIFY THAT MULTIPLE USES ON THE SAME BUILDING INCLUDE A
COMBINATION OF RESIDENTIAL, RETAIL AND OFFICE; EXCLUDING
FROM THE DEFINITION OF MIXED USES IN SD-27 THE COMBINATION
OF ONLY RESIDENTIAL AND/OR LIVE/WORK USES IN A BUILDING;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: 1) SE Corner of the Intersection of N Miami Avenue & NE 36th
Street; 2) SW Corner of the Intersection of NE 36th Street & NE 2nd Avenue;
and 3) SE Corner of the Intersection of NE 34th Street & NE 1st Place
[Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval without exceeding the
approved Regional Activity Center (RAC).
PLANNING ADVISORY BOARD: Recommended approval to the City
Commission on July 23, 2007 by a vote of 7-0.
PURPOSE: This will permit retail and office uses in mixed -use buildings at
intersections of the SD-27 "Midtown Miami Special District".
07-00939zt PAB Reso.PDF
07-00939zt CC SR Legislation (Version 3).pdf
07-00939zt CC SR 12-11-08 Fact Sheet.pdf
DATE:
MOVER:
SECONDER:
VOTE:
ACTION:
DATE:
MOVER:
SECONDER:
VOTE:
ACTION:
DATE:
ACTION:
SEPTEMBER 27, 2007
COMMISSIONER SARNOFF
COMMISSIONER REGALADO
AYES: 4 - COMMISSIONER GONZALEZ, SARNOFF,
REGALADO AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER SANCHEZ
TABLED --PASSED
SEPTEMBER 27, 2007
COMMISSIONER SPENCE-JONES
COMMISSIONER REGALADO
AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF,
SANCHEZ, REGALADO AND SPENCE-JONES
PASSED ON FIRST READING --PASSED
OCTOBER 25, 2007
INDEFINITELY DEFERRED
City ofMiami
Page 9 Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
DATE: APRIL 24, 2008
ACTION: CONTINUED
DATE: MAY 22, 2008
MOVER: VICE CHAIR SPENCE-JONES
SECONDER: COMMISSIONER GONZALEZ
VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF,
SANCHEZ, REGALADO AND SPENCE-JONES
ACTION: CONTINUED --PASSED
DATE: JUNE 26, 2008
MOVER: VICE CHAIR SPENCE-JONES
SECONDER: COMMISSIONER GONZALEZ
VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF,
SANCHEZ, REGALADO AND SPENCE-JONES
ACTION: INDEFINITELY DEFERRED --PASSED
City ofMiami
Page 10 Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
PZ.5 08-00887zt ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AMENDING ARTICLE 6, SECTION 609.5,
ENTITLED "CONDITIONAL PRINCIPAL USES," TO ALLOW THE OPEN AIR
MARKET USE ON SD-9 BISCAYNE BOULEVARD NORTH OVERLAY
DISTRICT, ON BISCAYNE BOULEVARD BETWEEN NORTHEAST 51 ST
STREET AND 77ST STREET, MIAMI, FLORIDA; SUBJECT TO
LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Along the East and West Sides of Biscayne Boulevard Between
NE 51 st Street and NE 77th Street [Commissioner Marc David Sarnoff -
District 2]
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City
Commission on September 17, 2008 by a vote of 6-2. The Board also
recommended to the City Commission that the ordinance be reviewed again
in four years by a vote of 6-2.
PURPOSE: This will modify the SD-9 Biscayne Boulevard North Overlay
District in order to allow an Open Air Market use.
08-00887zt Color Map.pdf
08-00887zt PAB Resos.PDF
08-00887zt CC Legislation (Version 2).pdf
08-00887zt CC SR 12-11-08 Fact Sheet.pdf
DATE:
MOVER:
SECONDER:
VOTE:
ACTION:
DATE:
MOVER:
SECONDER:
VOTE:
ACTION:
OCTOBER 23, 2008
COMMISSIONER SARNOFF
CHAIR SANCHEZ
AYES: 3 - COMMISSIONER GONZALEZ, SARNOFF AND
SPENCE-JONES
ABSENT: 2 - COMMISSIONER SANCHEZ AND
REGALADO
PASSED ON FIRST READING --PASSED
NOVEMBER 13, 2008
COMMISSIONER GONZALEZ
COMMISSIONER REGALADO
AYES: 3 - COMMISSIONER GONZALEZ, SANCHEZ AND
REGALADO
ABSENT: 2 - COMMISSIONER SARNOFF AND
SPENCE-JONES
CONTINUED --PASSED
City of Miami Page 11
Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
PZ.6 08-01109zt ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC
BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING
SECTION 4-2, ENTITLED "DEFINITIONS," AND SECTION 4-11, ENTITLED
"EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE MIAMI
MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC SPECIALTY
DISTRICT, WAIVING DISTANCE EXEMPTIONS FOR ESTABLISHMENTS
SERVING ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Between NE 50th Street and NE 77th Street on the East and
West Side of Biscayne Boulevard [Commissioner Marc David Sarnoff -
District 2]
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will waive distance exemptions for establishments serving
alcoholic beverages within the MIMO District.
1- 08-01109zt- MIMO- Map.pdf
08-01109zt Attachment A.pdf
08-01109zt CC Legislation (Version 2).pdf
08-01109zt CC SR 12-11-08 Fact Sheet.pdf
DATE: NOVEMBER 13, 2008
MOVER: COMMISSIONER GONZALEZ
SECONDER: COMMISSIONER REGALADO
VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SANCHEZ,
REGALADO AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER SARNOFF
ACTION: PASSED ON FIRST READING WITH MODIFICATIONS-
-PASSED
City of Miami Page 12
Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
PZ.7 08-01317zt ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION RE-ENACTING AND
AMENDING ZONING ORDINANCE 11000: (1) ARTICLE 4, ENTITLED
"ZONING DISTRICTS", MORE SPECIFICALLY, SECTION 401, ENTITLED
"SCHEDULE OF DISTRICT REGULATIONS", TO RECLASSIFY "ADULT
ENTERTAINMENT" AS A "PERMITTED PRINCIPAL USE"; (2) ARTICLE 9,
ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS", MORE
SPECIFICALLY, SECTION 937, ENTITLED "ADULT ENTERTAINMENT OR
ADULT SERVICES", TO PROVIDE FOR ADDITIONAL LEGISLATIVE
INTENT, AND TO SPECIFY THE PREENACTMENT EVIDENCE ON WHICH
THE CITY COMMISSION RELIED TO CONCLUDE THAT THE
RESTRICTIONS ON ADULT ENTERTAINMENT WITHIN THIS ORDINANCE
FURTHER THE CITY'S INTEREST IN REDUCING THE SECONDARY
EFFECTS; AND (3) ARTICLE 25, ENTITLED "DEFINITIONS", MORE
SPECIFICALLY SECTION 2502, ENTITLED "SPECIFIC DEFINITIONS", IN
ORDER TO AMEND THE DEFINITION OF "ADULT ENTERTAINMENT OR
SERVICE ESTABLISHMENT; CONTAINING A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City
Commission on September 17, 2008 by a vote of 8-0. The Board also
recommended by a vote of 8-0 that the Department of Zoning, with advice
from the Office of the City Attorney explore avenues in other parts of the
country that may not allow the granting of certificates of use to existing legal
non -conforming adult entertainment establishments in the City when these
non -conforming uses change hands in areas not zoned industrial.
PURPOSE: This will add specific legislative intent setting forth relevant
preenactment evidence in support of the zoning restrictions on adult
entertainment or adult service establishments and reclassify adult
entertainment as a permitted principal use.
NOTE: File ID 08-01025zt is related to this item and was adopted with
modifications as an emergency ordinance on September 27, 2008.
08-01025zt PAB Resos.pdf
08-01317zt CC Legislation (Version 1).pdf
08-01317zt Composite Exhibit A.pdf
08-01317zt CC SR 12-11-08 Fact Sheet.pdf
DATE:
NOVEMBER 13, 2008
City of Miami Page 13
Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
MOVER: COMMISSIONER GONZALEZ
SECONDER: VICE CHAIR SPENCE-JONES
VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SANCHEZ,
REGALADO AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER SARNOFF
ACTION: PASSED ON FIRST READING --PASSED
City ofMiami
Page 14 Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
PZ.8 07-00793Iu ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 411
AND 421 NORTHEAST 61 ST STREET, MIAMI, FLORIDA, FROM
"RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL;" MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 411 and 421 NE 61st Street [Commissioner
Michelle Spence -Jones - District 5]
APPLICANT(S): James Robert Robinson and John Assalone, Managers, on
behalf of Lemon City Prop., LLC
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended denial to City Commission
on September 19, 2007 by a vote of 7-0. See companion File ID
07-00793zc.
PURPOSE: This will change the above properties to General Commercial.
07-007931u Analysis.pdf
07-007931u Land Use Map.pdf
07-007931u & 07-00793zc Aerial Map.pdf
07-007931u PAB Reso.PDF
07-007931u Application & Supporting Docs.pdf
07-007931u CC Legislation (Version 2).pdf
07-007931u & 07-00793zc Exhibit A.pdf
07-007931u CC FR 12-11-08 Fact Sheet.pdf
City of Miami Page 15
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City Commission
Meeting Agenda December 11, 2008
PZ.9 07-00793zc ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM C-1 RESTRICTED COMMERCIAL TO C-2
LIBERAL COMMERCIAL, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 411 AND 421 NORTHEAST 61 ST STREET, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 411 and 421 NE 61st Street [Commissioner
Michelle Spence -Jones - District 5]
APPLICANT(S): James Robert Robinson and John Assalone, Managers, on
behalf of Lemon City Prop., LLC
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended approval to City Commission on
September 8, 2008 by a vote of 5-1. See companion File ID 07-007931u.
PURPOSE: This will change the above properties to C-2 Liberal
Commercial.
07-00793zc Analysis.PDF
07-00793zc Zoning Map.pdf
07-00793zc Aerial Map.pdf
07-00793zc Application & Supporting Docs.PDF
07-00793zc Warranty Deed Page 2 of 2.pdf
07-00793zc ZB Reso.PDF
07-00793zc CC Legislation (Version 2).pdf
07-007931u & 07-00793zc Exhibit A.pdf
07-00793zc CC FR 12-11-08 Fact Sheet.pdf
City of Miami Page 16
Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
PZ.10 07-00797Iu ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 826,
832 AND 844 SOUTHWEST 5TH AVENUE; 513, 515, 517, 519, 521, 531,
541, 551, 561 AND 571 SOUTHWEST 9TH STREET, MIAMI, FLORIDA,
FROM "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL" TO
"RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 826, 832 and 844 SW 5th Avenue and 513, 515,
517, 519, 521, 531, 541, 551, 561 and 571 SW 9th Street [Commissioner Joe
Sanchez - District 3]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Brickell Square, LLC
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended denial to City Commission
on July 16, 2008 by a vote of 7-2. Also recommended by a vote of 6-3 that if
the City Commission is inclined to approve the Major Use Special Permit
(MUSP), including the Land Use Change with a specific set of plans with no
commercial intrusion into the residential area (as approved in the plans for
MUSP 07-00797mu), the Planning Advisory Board has no objection to the
approval of the Land Use Change. See companion File ID 07-00797zc.
PURPOSE: This will change the above properties to Restricted Commercial
for the proposed La Quinta & La Ocho Major Use Special Permit.
07-007971u Land Use Map.pdf
07-007971u Aerial Map.pdf
07-007971u PAB Resos.PDF
07-007971u CC Analysis.pdf
07-007971u CC Application & Supporting Docs.pdf
07-007971u CC Legislation (Version 2).pdf
07-007971u & 07-00797zc Exhibit A.pdf
07-007971u CC FR 12-11-08 Fact Sheet.pdf
City ofMiami
Page 17 Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
PZ.11 07-00797zc ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S) AMENDING PAGE NO. 37, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1"
RESTRICTED COMMERCIAL WITH AN "SD-25" SOUTHWEST 8TH
STREET SPECIAL OVERLAY DISTRICT FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 826, 832 AND 844 SOUTHWEST 5TH
AVENUE AND 513, 515, 517, 519, 521, 531, 541, 551, 561 AND 571
SOUTHWEST 9TH STREET, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 826, 832 and 844 SW 5th Avenue and 513, 515,
517, 519, 521, 531, 541, 551, 561 and 571 SW 9th Street [Commissioner Joe
Sanchez - District 3]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Brickell Square, LLC
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended denial to City Commission on February
25, 2008 by a vote of 6-3. See companion File ID 07-007971u.
PURPOSE: This will change the above properties to C-1 Restricted
Commercial with an SD-25 SW 8th Street Special Overlay District for the
proposed La Quinta & La Ocho Major Use Special Permit.
07-00797zc Zoning Map.pdf
07-00797zc Aerial Map.pdf
07-00797zc ZB Reso.PDF
07-00797zc CC Analysis.pdf
07-00797zc CC Application & Supporting Docs.pdf
07-00797zc CC Legislation (Version 2).pdf
07-007971u & 07-00797zc Exhibit A.pdf
07-00797zc CC FR 12-11-08 Fact Sheet.pdf
City of Miami Page 18
Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
PZ.12 08-01329zt ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY AMENDING CHAPTER 4, ENTITLED
"ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," MORE
PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED "DEFINITIONS,"
AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE
REQUIREMENTS," TO CREATE THE "OSUN'S VILLAGE CULTURAL
SPECIALTY DISTRICT" ALONG NORTHWEST 7TH AVENUE FROM
NORTHWEST 53RD STREET TO NORTHWEST 60TH STREET, MIAMI,
FLORIDA, AND TO ALLOW DISTANCE EXEMPTIONS AND ALTERNATE
PARKING STANDARDS FOR 15 ESTABLISHMENTS SERVING
ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Along NW 7th Avenue from NW 53rd Street to NW 60th Street
[Commissioner Michelle Spence -Jones - District 5]
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will create the Osun's Village Cultural Specialty District and
allow distance exceptions and alternate parking standards for 15
establishments serving alcoholic beverages.
08-01329zt - Osun's Village Florida State Laws Ch_2006-316 (2).pdf
08-01329zt Exhibit A.pdf
08-01329zt Exhibit B.pdf
08-01329zt CC Legislation (Version 1).pdf
08-01329zt CC FR 12-11-08 Fact Sheet.pdf
City of Miami Page 19
Printed on 12/5/2008
City Commission
Meeting Agenda December 11, 2008
PZ.13 08-01331zt ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY AMENDING CHAPTER 4, ENTITLED
"ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," MORE
PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED "DEFINITIONS,"
AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE
REQUIREMENTS," TO CREATE THE LEMON CITY/LITTLE HAITI FRENCH
CREOLE CULTURAL ARTS AND ENTERTAINMENT DISTRICT, IN THE
AREA DESCRIBED HEREIN, ALLOWING DISTANCE EXEMPTIONS AND
ALTERNATE PARKING STANDARDS FOR 20 ESTABLISHMENTS
SERVING ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Properties Fronting or Abutting NE 2nd Avenue, Generally
Bounded from NE 63rd Street to NE 53rd Street, Including the Entire
Property Legally Described as "SABAL PALM COURT SUBDIVISION PB
46-66 BLOCK 3" [Commissioner Michelle Spence -Jones - District 5]
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will create the Lemon City/Little Haiti French Creole Cultural
Arts and Entertainment District and allow distance exceptions and alternate
parking standards for 20 establishments serving alcoholic beverages.
08-01331zt Exhibit A.pdf
08-01331zt Exhibit B.pdf
08-01331zt CC Legislation (Version 1).pdf
08-01331zt CC FR 12-11-08 Fact Sheet.pdf
END OF PLANNING AND ZONING ITEMS
City ofMiami
Page 20 Printed on 12/5/2008