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Home My WebLink AboutCC 2008-12-11 Marked AgendaCity of Miami Marked Agenda 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 Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, December 11, 2008 10:00 AM City Hall Commission Chambers Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 11th day of December 2008, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sanchez at 4:11 p.m. and adjourned at 6:21 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Pamela E. Burns, Assistant City Clerk 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. C;fi otT11an�, Page 1 Printed on 12.15,2008 City Commission Marked Agenda December 11, 2008 PZ.2 07-00345w w 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 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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 City ofMiami Page 2 Printed on 12/15/2008 City Commission Marked Agenda December 11, 2008 PZ.3 04-00897c m1 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 MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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. City ofMiami Page 3 Printed on 12/15/2008 City Commission Marked Agenda December 11, 2008 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 R-08-0708 MOVED: SECONDED: UNANIMOUS Tomas Regalado Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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. City ofMiami Page 4 Printed on 12/15/2008 City Commission Marked Agenda December 11, 2008 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 MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Angel Gonzalez Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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. City ofMiami Page 5 Printed on 12/15/2008 City Commission Marked Agenda December 11, 2008 PZ.6 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 08-00887zt-Submittal-Vagabond's History Document. pdf 08-00887zt-Submittal-Photographs. pdf 08-00887zt-Su bmittal-Plans. pdf 08-00887zt-Submittal-Correspondence-William J. Castillo. pdf 13046 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Vice Chair Spence -Jones to the City Manager to investigate the creation of a special task force to address special events -based projects, such as open-air markets, to begin to address such special events as they become problems for the neighborhoods. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chair Spence -Jones absent, to authorize the issuance of two additional Class I Permits to Eric Silverman of the Vagabond open-air market. 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 City ofMiami Page 6 Printed on 12/15/2008 City Commission Marked Agenda December 11, 2008 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 13047 MOVED: SECONDED: Marc David Sarnoff Angel Gonzalez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado ABSENT: Commissioner Spence -Jones 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. City ofMiami Page 7 Printed on 12/15/2008 City Commission Marked Agenda December 11, 2008 PZ.8 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 13048 MOVED: Marc David Sarnoff SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff and Spence -Jones Commissioner Sanchez and Regalado 07-00793Iu ORDINANCE First Reading Pending the EAR. 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. City ofMiami Page 8 Printed on 12/15/2008 City Commission Marked Agenda December 11, 2008 PZ.9 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 07-007931u-Submittal-Drawing. pdf MOVED: Michelle Spence -Jones SECONDED: Angel Gonzalez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Commissioner Sanchez 07-00793zc ORDINANCE First Reading Pending the EAR. 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 61ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 9 Printed on 12/15/2008 City Commission Marked Agenda December 11, 2008 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 MOVED: Michelle Spence -Jones SECONDED: Angel Gonzalez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Commissioner Sanchez PZ.10 07-00797Iu ORDINANCE First Reading Pending the EAR. 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. City ofMiami Page 10 Printed on 12/15/2008 City Commission Marked Agenda December 11, 2008 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 07-007971u-Submittal-Exhibit Booklet.pdf MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Angel Gonzalez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PZ.11 07-00797zc ORDINANCE First Reading Pending the EAR. 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. City of Miami Page 11 Printed on 12/15/2008 City Commission Marked Agenda December 11, 2008 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 07-00797zc-Submittal-Exhi bit Booklet.pdf MOVED: SECONDED: UNANIMOUS Angel Gonzalez Marc David Sarnoff Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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. City ofMiami Page 12 Printed on 12/15/2008 City Commission Marked Agenda December 11, 2008 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 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Tomas Regalado Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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. City ofMiami Page 13 Printed on 12/15/2008 City Commission Marked Agenda December 11, 2008 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 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Angel Gonzalez Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Vice Chair Spence -Jones to the City Manager to work along with the Planning Department to review the zoning ordinances before the next hearing regarding the special district to address the parking issues related to the special district. END OF PLANNING AND ZONING ITEMS City ofMiami Page 14 Printed on 12/15/2008 City Commission Marked Agenda December 11, 2008 NON -AGENDA ITEMS NA.1 NA.2 NA.3 08-01482 DISCUSSION ITEM DISCUSSION REGARDING THE ADDITION OF AN ITEM TO THE CITY'S LEGISLATIVE AGENDA RELATED TO THE BID VOTING PROCESS. MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to include an item in the City's legislative package relating to requirements set forth in Chapter 170.01 related to the BID (Business Improvement District) voting process. 08-01483 DISCUSSION ITEM DISCUSSION REGARDING A BUILDING COVERED WITH GRAFFITI AT THE CORNER OF US 1 AND BIRD ROAD. DISCUSSED 08-01484 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $500, TO BAYFRONT PARK, TO SPONSOR THE COST OF THE USE OF THEIR STAGE, ON DECEMBER 14, 2008, AT THE SAN JUAN BOSCO CHURCH PARKING LOT, FOR THE CICAMEX TOY DRIVE EVENT; ALLOCATING SAID FUNDS FROM THE DISTRICT 3 SPECIAL EVENTS ACCOUNT NO. 00001. 980000. 548000.0000.00000. MOVED: SECONDED: UNANIMOUS Angel Gonzalez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 15 Printed on 12/15/2008