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HomeMy WebLinkAboutCC 2004-09-27 Marked Agenda" "F City of Miami City Hall 3500 Pan American Drive Marked Agenda Miami, FL 33133 www.ci.miami.fl.us City Commission Monday, September 27, 2004 Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Rega/ado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk 9:00 AM CC)NTFNTS 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE City Hall Commission Chambers Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez and Commissioner Regalado On the 27th day of September, 2004, 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 special session. The meeting was called to order at 9:16 a.m. by Chairman Joe Sanchez, with Commissioner Winton absent, recessed at 10:35 a.m., reconvened at 2:34 p.m., recessed at 4:22 p.m. to convene a Special Community Redevelopment Agency (CRA) Meeting, adjourned the CRA meeting at 4:24 p.m., reconvened the Special Planning and Zoning meeting at 4:24 p.m., recessed at 6:05 p.m., reconvened at 6:20 p.m., and adjourned at 8:01 p.m. Note for the Record: Commissioner Winton entered the meeting at 9:20 a.m. ALSO PRESENT: Alicia Cuervo Schreiber, Chief of Operations Jorge Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk ABSENT: Joe Arriola, City Manager PZ - PLANNING AND ZONING ITEMS 9:00 AM - PZA - PZ.15 2:30 PM - PZ.16 - PZ.41 TIME CERTAIN 5:00 PM - PZ.42 - Major Use Special Permit - Villa Magna 6:30 PM - PZ.43 - Land Use Change - 2471 SW 32 Av, 3186 SW 25 St & 2511 SW 32 Av City of Miami Page I Printed on 913012004 City Commission Marked Agenda September 27, 2004 6:30 PM - PZ.44 - Zoning Change - 2471 SW 32 Av, 3186 SW 25 St & 2511 SW 32 Av MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) NO MAYORAL VETOES ORDER OF THE DAY The following items shall not be considered until 9:00 am. PZ.1 04-00974 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE LOFT 2 PROJECT, TO BE LOCATED AT APPROXIMATELY 133 NORTHEAST 2ND AVENUE, 226 NORTHEAST 2ND STREET AND 236 NORTHEAST 2ND STREET, MIAMI, FLORIDA, TO CONSTRUCT A 433- FOOT, 35-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF 496 TOTAL MULTIFAMILY RESIDENTIAL UNITS, 4,675 SQUARE FEET OF RETAIL, WITH UP TO 500 PARKING SPACES TO BE PROVIDED IN THE CITY OF MIAMI PARKING GARAGE NO. 3, LOCATED AT 190 NORTHEAST 3 RD STREET; 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. REQUEST: Major Use Special Permit for the Loft 2 Project LOCATION: Approximately 133 NE 2nd Avenue, 226 NE 2nd Street and 236 NE 2nd Street APPLICANT(S): Rafael Kapustin, Trustee and Owner and TRG-Downtown Loft II, Ltd., Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 1, 2004 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow the development of the Loft 2 Project. R-04-0651 City of Miami Page 2 Printed on 913012004 City Commission Marked Agenda September 27, 2004 MOVED: Tomas Regalado SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado PZ.2 04-00731 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, GRANTING A SPECIAL EXCEPTION, AS LISTED IN ORDINANCE NO. 11000 , AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A CHILD DAYCARE FACILITY FOR 40 CHILDREN TO BE LOCATED IN A "PR" PARKS AND RECREATION ZONING DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2111 SOUTHWEST 19TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A". REQUEST: Special Exception Requiring City Commission Approval LOCATION: Approximately 2111 SW 19th Street APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City Commission on June 14, 2004 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow a child daycare facility for forty children within Shenandoah Park. R-04-0652 MOVED: Tomas Regalado SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado PZ.3 04-00726 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, APPROVING IN CONCEPT, THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN UPDATE AS APPROVED BY SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVLOPMENT AGENCY (CRA). City of 1 /icjmr Pogo 3 Printed on 913012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Approve In Concept the Southeast Overtown/Park West Community Redevelopment Agency (CRA) Community Redevelopment Plan APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval in concept to City Commission on June 16, 2004 by a vote of 7-0. PURPOSE: This will approve in concept the Southeast Overtown/Park West Community Redevelopment Plan. CONTINUED A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to CONTINUE item PZ. 3 to the Commission Meeting currently scheduled for October 28, 2004. PZ.4 04-00571 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3439 MAIN HIGHWAY, (A/K/A 2750 MCFARLANE ROAD), MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3439 Main Highway (a/k/a 2750 McFarlane Road) APPLICANT(S): St. Stephen's Episcopal Church APPLICANT(S) AGENT: Jerry Proctor, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 19, 2004 by a vote of 7-1. See companion File ID 04-00571 a. PURPOSE: This will change the above properties to Restricted Commercial. 12590 MOVED: Johnny L. Winton City of Miami Page 4 Printed on 913012004 City Commission Marked Agenda September 27, 2004 SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado PZ.5 04-00571a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 46, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-18" MINIMUM LOT SIZE DISTRICT TO "SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3439 MAIN HIGHWAY, (A/K/A 2750 MCFARLANE ROAD), MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential with an SD-18 Minimum Lot Size District to SD-2 Coconut Grove Central Commercial District to Change the Zoning Atlas LOCATION: Approximately 3439 Main Highway (a/k/a 2750 McFarlane Road) APPLICANT(S): St. Stephen's Episcopal Church APPLICANT(S) AGENT: Jerry Proctor, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 8-0. See companion File ID 04-00571. PURPOSE: This will change the above properties to SD-2 Coconut Grove Central Commercial District. 12591 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado PZ.6 04-00672 ORDINANCE Second Reading AN ORDINANCE AMENDING SECTION 401 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITILED, City of Miami Page 5 Printed on 913012004 City Commission Marked Agenda September 27, 2004 PZ.7 04-00406 "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 -governmental and institutional uses only if ancillary to the main use 12592 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1884 NORTHWEST 15TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of 11ami Page 6 Printed on 930/?004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1884 NW 15th Street APPLICANT(S): Joseph Chambrot, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on April 7, 2004 by a vote of 7-0. See companion File ID 04-00406a. PURPOSE: This will change the above property to General Commercial. MOVED: Angel Gonzalez SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado Direction to City Attorney by Chairman Sanchez to provide a legal opinion on the appropriate, legal way to handle covenants in order to enforce them and to protect the City. PZ.8 04-00406a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 24 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1884 NORTHWEST 15TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 7 Printed on 930!2004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 1884 NW 15th Street APPLICANT(S): Joseph Chambrot, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on May 10, 2004 by a vote of 6-2. See companion File ID 04-00406. PURPOSE: This will change the above property to C-2 Liberal Commercial. MOVED: Angel Gonzalez SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado PZ.9 04-00562 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 90 SOUTHWEST 3RD STREET A/K/A 55 AND 92 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FROM "OFFICE" TO " RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 8 Printed on 913012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 10544, from "Office" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 90 SW 3rd Street a/k/a 55 and 92 SW 3rd Street APPLICANT(S): Miami River, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On September 13, 2004, found the application to be consistent with the adopted strategic plan, The Miami River Corridor Urban Infill Plan, in addition to The Miami River Greenway Action Plan, by a unanimous vote with a condition that the riverwalk be constructed within five years of the approval of the major use special permit. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 5, 2004 by a vote of 5-0. See companion File ID 04-00562a. PURPOSE: This will change the above properties to Restricted Commercial. MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado PZ.10 04-00562a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "O" OFFICE TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 90 SOUTHWEST 3RD STREET, A/K/A 55 AND 92 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Ahann Page 9 Printed on 913012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 11000, from O Office to SD-6 Central Commercial -Residential District to Change the Zoning Atlas LOCATION: Approximately 90 SW 3rd Street a/k/a 55 and 92 SW 3rd Street APPLICANT(S): Miami River, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On September 13, 2004, found the application to be consistent with the adopted strategic plan, The Miami River Corridor Urban Infill Plan, in addition to The Miami River Greenway Action Plan, by a unanimous vote with a condition that the riverwalk be constructed within five years of the approval of the major use special permit. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 9-0. See companion File ID 04-00562. PURPOSE: This will change the above properties to SD-6 Central Commercial -Residential District. MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado PZA 1 04-00897 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3685 AND 3695 SOUTHWEST 23RD STREET AND 3672 AND 3688 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Ci11' of 1liarni Page 10 Painter! an 9'.?0/2004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3685 and 3695 SW 23rd Street and 3672 and 3688 SW 22nd Terrace APPLICANT(S): Morris Investments Partnership APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 21, 2004 by a vote of 6-0. See companion File ID 04-00897a. PURPOSE: This will change the above properties to Restricted Commercial. MOVED: Tomas Regalado SECONDED: Johnny L. Winton Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Winton, Sanchez and Regalado ABSENT: Commissioner Gonzalez Direction to the Administration by Commissioner Regalado to contact Miami -Dade County to study and resolve bottlenecks occurring at the traffic light on Coral Way and 22nd Terrace. PZ.12 04-00897a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL AND "C-1" RESTRICTED COMMERCIAL TO "C- 1" RESTRICTED COMMERCIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT OF 2.4 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, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE. C IN of Afiann Page 11 Primed on 9/30/2004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential and C-1 Restricted Commercial to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District of 2.4 to Change the Zoning Atlas LOCATION: Approximately 2255, 2263 and 2295 SW 37th Avenue; 3685 and 3695 SW 23rd Street and 3672 and 3688 SW 22nd Terrace APPLICANT(S): Morris Investment Partnership APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on July 26, 2004 by a vote of 6-3. See companion File ID 04-00897. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District of 2.4. MOVED: Johnny L. Winton SECONDED: Tomas Regalado Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES ABSENT PZ.13 04-00725 ORDINANCE Commissioner Winton, Sanchez and Regalado Commissioner Gonzalez First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, IN ORDER TO MODIFY PERMISSIBLE USES IN THE R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL ZONING CLASSIFICATION TO ALLOW PUBLIC UTILITIES AS A CONDITIONAL USE, PROVIDING FOR CRITERIA, SCREENING REQUIREMENTS AND LIMITATIONS; CONTAINING A REPEALER PROVISION AND 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 to City Commission on June 16, 2004 by a vote of 6-0. PURPOSE: This will allow public utilities as a conditional use in R-4 Multifamily High -Density Residential. City of Miami Page 12 Printed on 913012004 City Commission Marked Agenda September 27, 2004 MOVED: Johnny L. Winton SECONDED: Tomas Regalado Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Winton, Sanchez and Regalado NOES: Commissioner Gonzalez Direction to the Administration by Commissioner Regalado to check to see if public safety properties, such as fire and/or police stations, are considered as public utilities for purposes of permissible uses in the R-4 multifamily high -density residential zoning classification as a conditional use. A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and passed unanimously, directing the City Manager to meet with Commissioner Gonzalez and representatives of utility companies to study existing problem with certain utility boxes which are unsightly and to bring back within 90 to 120 days, proposed legislation to correct this problem. PZ.14 04-00898 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, SECTION 917, TO PROVIDE FOR A NEW SECTION 917.15, "SPECIAL PARKING REQUIREMENTS FOR HISTORIC PROPERTIES;" CONTAINING A REPEALER PROVISION AND A SEVERABLITY 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 to City Commission on July 21, 2004 by a vote of 7-0. PURPOSE: This will provide for a new section entitled, "Special Parking Requirements for Historic Properties." MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez and Regalado ABSENT: Commissioner Winton PZ.15 04-00780 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, GRANTING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 934.2.1, COMMUNITY BASED RESIDENTIAL FACILITIES, City of Miami Page 13 Printed on 913012004 City Commission Marked Agenda September 27, 2004 PROCEDURES, TO ALLOW A CHANGE OF OWNERSHIP, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO CITY COMMISSION APPROVAL, ZONED "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4491 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." REQUEST: Special Exception Requiring City Commission Approval LOCATION: Approximately 4491 SW 8th Street APPLICANT(S): Central Residential, Inc., Owner and Dumes, Inc, Contract Purchaser APPLICANT(S) AGENT: Peter Previti, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 28, 2004 by a vote of 7-0. PURPOSE: This will change the ownership of an existing community -based residential facility. CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to CONTINUE item PZ. 15 to the Commission Meeting currently scheduled for October 28, 2004. The following items shall not be considered until 2:30 pm. PZ.16 04-00896 RESOLUTION 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, FOR THE GALLERY ART CONDOMINIUM PROJECT, TO BE LOCATED AT APPROXIMATELY 317-333 NORTHEAST 24TH STREET AND 402 NORTHEAST 25TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 199- FOOT, 17-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF 164 TOTAL MULTIFAMILY RESIDENTIAL UNITS, SEVEN OFFICE LIVE/WORK UNITS, AND 208 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 14 Printed on 913012004 City Commission Marked Agenda September 27, 2004 PZ.17 04-00522 REQUEST: Major Use Special Permit for the Gallery Art Condominium Project LOCATION: Approximately 317-333 NE 24th Street and 402 NE 25th Street APPLICANT(S): Gallery Art Condo, LLC APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on July 21, 2004 by a vote of 6-0. ZONING BOARD: Granted the special exception with conditions* on June 28, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Gallery Art Condominium Project. R-04-0653 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT") DATED SEPTEMBER 28, 1992 AND RECORDED IN OFFICIAL RECORDS BOOK 15663, PAGE 0716- 0720, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2947-2949 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A", IN ORDER TO AMEND CERTAIN SECTIONS OF THE COVENANT IN THE MANNER DESCRIBED THEREIN. City of Miami Page 15 Printed on 9'302004 City Commission Marked Agenda September 27, 2004 REQUEST: Modification to a Covenant LOCATION: Approximately 2947-2949 SW 22nd Terrace APPLICANT(S): Judy Galindo for the Latin American Restaurant - Cafeteria FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PURPOSE: This will allow a modification to an existing covenant. CONTINUED A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Winton absent, to CONTINUE item PZ. 17 to the Commission Meeting currently scheduled for October 28, 2004. PZ.18 04-00566 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) , DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A SIDE YARD SETBACK OF 6.5', WHERE 15'0" IS REQUIRED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3145 DAY AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A." R-04-0654 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado PZ.19 04-00926 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) , REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 917.7.2, TO ALLOW A REDUCTION IN PARKING REQUIREMENTS FOR MULTI -FAMILY RESIDENTIAL DEVELOPMENT WHEN LOCATED IN COMMUNITY REVITALIZATION DISTRICTS (CRD), TO WAIVE 51 PARKING SPACES (147 PROPOSED, 198 REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 219 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. ('ih' of Ahc orr Page 10 Printed on 913012004 City Commission Marked Agenda September 27, 2004 R-04-0655 MOVED: Joe Sanchez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado PZ.20 04-00953 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) , GRANTING THE APPEAL AND REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A BAR, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT 1) THE APPROVAL OF THIS SPECIAL EXCEPTION SHALL RUN WITH THIS OPERATOR ONLY; ANY CHANGES TO A DIFFERENT OPERATOR SHALL REQUIRE A SEPARATE SPECIAL EXCEPTION, AND 2) THIS APPROVAL IS SUBJECT TO THE APPLICANT GETTING THE APPROVAL OF THE VARIANCE AS A COMPANION ITEM IN THIS AGENDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1252 SOUTHWEST 22ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." R-04-0656 MOVED: Johnny L. Winton SECONDED: Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Sanchez NOES: Commissioner Regalado Note for the Record: Prior to the above -stated resolution passing, a motion was made by Chairman Sanchez and was seconded by Commissioner Regalado, to deny the appeal, uphold the Zoning Board's decision and grant the special exception to allow a bar at approximately 1252 S.W. 22 Street. Said motion failed with Chairman Sanchez, Vice Chairman Gonzalez and Commissioner Winton voting against the motion. PZ.21 04-00953a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) , GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, OFFSTREET PARKING REQUIREMENTS FOR BARS, CIO oI S harm Page 17 Printed on 913012004 City Commission Marked Agenda September 27, 2004 ZONED "C-1" RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT, TO WAIVE TEN (10) OF THE REQUIRED FIFTEEN (15) PARKING SPACES, FOUR (4) SPACES PROVIDED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1252 SOUTHWEST 22ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." THIS VARIANCE WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1) IF THE STRUCTURE FOR WHICH THE VARIANCE IS GRANTED TERMINATES FOR ANY REASON, INCLUDING AN ACT OF GOD, THE VARIANCE SHALL TERMINATE, AND 2) RECORDATION OF THESE CONDITIONS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. R-04-0657 MOVED: Johnny L. Winton SECONDED: Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES NOES: PZ.22 04-00729 ORDINANCE Commissioner Gonzalez, Winton and Sanchez Commissioner Regalado Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2957, 2981, AND 2983 SOUTHWEST 38TH COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City oJMiami Page 18 Printer! on 913012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-2 Two -Family Residential with an SD-12 Buffer Overlay District to Change the Zoning Atlas LOCATION: Approximately 2957, 2981 and 2983 SW 38th Court APPLICANT(S): Premier Luxury Investments, LLC APPLICANT(S) AGENT: Maria Gralia, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 6-2. PURPOSE: This will change the above properties to R-2 Two -Family Residential with an SD-12 Buffer Overlay District. 12593 MOVED: Johnny L. Winton SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES ABSENT PZ.23 04-00673 ORDINANCE Commissioner Winton, Sanchez and Regalado Commissioner Gonzalez Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, TO MODIFY SPECIAL DISTRICT REQUIREMENTS, INCLUDING REQUIREMENTS RELATED TO HEIGHT, SETBACK AND PARKING LIMITATIONS; CONTAINING A REPEALER PROVISION AND 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 to City Commission on June 2, 2004 by a vote of 7-1. PURPOSE: This will modify height, setback and parking limitations to properties on the SD-9 Biscayne Boulevard North Overlay District. City of Miami Page 19 Printed on 913012004 City Commission Marked Agenda September 27, 2004 12594 MOVED: Johnny L. Winton SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES ABSENT PZ.24 04-00572 ORDINANCE Commissioner Winton, Sanchez and Regalado Commissioner Gonzalez First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1622, 1630 AND 1632 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" 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. REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " High Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1622, 1630 and 1632 NW 22nd Avenue APPLICANT(S): 1622 Investment Corp., Castille Group Inc. and Brent Peebles APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended denial to City Commission on May 3, 2004. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 7-1. See companion File ID 04-00572a. PURPOSE: This will change the above properties to High Density Multifamily Residential. DEFERRED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to DEFER item PZ. 24. PZ.25 04-00572a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 25, OF THE ZONING ATLAS OF ORDINANCE NO. City of Miami Page 20 Panted on 913012004 City Commission Marked Agenda September 27, 2004 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1622, 1630 AND 1632 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-4 Multifamily High-Denisty Residential to Change the Zoning Atlas LOCATION: Approximately 1622, 1630 and 1632 NW 22nd Avenue APPLICANT(S): 1622 Investment Corp., Castille Group Inc. and Brent Peebles APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended denial to City Commission on May 3, 2004. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 8-1. See companion File ID 04-00572. PURPOSE: This will change the above properties to R-4 Multifamily High - Density Residential. DEFERRED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to DEFER item PZ. 25. PZ.26 04-00573 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2143 AND 2161 SOUTHWEST 6TH STREET AND 2160 SOUTHWEST 5TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 21 Printed on 9.301200.1 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 10544, from "Medium Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 2143 and 2161 SW 6th Street and 2160 SW 5th Street APPLICANT(S): Edward D. Pascoe, Owner and Salomon Sutton/Punta Diamante, LLC, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 6-2. See companion File ID 04-00573a. PURPOSE: This will change the above properties to Restricted Commercial. DENIED A motion was made by Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, to DENY item PZ. 26. PZ.27 04-00573a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 34, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2160 SOUTHWEST 5TH STREET AND 2143 AND 2161 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 22 Printed on 913012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium - Density Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 2160 SW 5th Street and 2143 and 2161 SW 6th Street APPLICANT(S): Edward D. Pascoe, Owner and Salomon Sutton/Punta Diamante, LLC, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 14, 2004 by a vote of 5-4. See companion File ID 04-00573. PURPOSE: This will change the above properties to C-1 Restricted Commercial. DENIED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to DENY item PZ. 27. PZ.28 04-00574 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10, 16 AND 100 SOUTHWEST 41 ST AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "OFFICE"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 23 Prinircl on 9; 30/2004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" to "Office" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 10, 16 and 100 SW 41st Avenue APPLICANT(S): LP Investments Enterprises, Inc., Owner and Jorge Kasabdji, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 8-0. See companion File ID 04-00574a. PURPOSE: This will change the above properties to Office. MOVED: Tomas Regalado SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado Direction to the Administration by Commissioner Winton to send out a strong signal to the development community that the City is not in favor of upzoning indiscriminiately; further to encourage developers to figure out ways to work with the current zoning that is already in place. PZ.29 04-00574a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 32, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "O" OFFICE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10, 16 AND 100 SOUTHWEST 41ST AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 24 Printed on 913012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential with an SD-12 Buffer Overlay District to O Office to Change the Zoning Atlas LOCATION: Approximately 10, 16 and 100 SW 41st Avenue APPLICANT(S): LP Investments Enterprises, Inc., Owner and Jorge Kasabdji, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 14, 2004 by a vote of 7-1. See companion File ID 04-00574. PURPOSE: This will change the above properties to O Office. MOVED: Tomas Regalado SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado PZ.30 04-00564 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3253, 3265 AND 3269 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 25 Primed on 913012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3253, 3265 and 3269 SW 22nd Terrace APPLICANT(S): Coral Way Acquisition Properties, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 5, 2004 by a vote of 5-1. See companion File ID 04-00564a. PURPOSE: This will change the above properties to Restricted Commercial. MOVED: Tomas Regalado SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado PZ.31 04-00564a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3253, 3265 AND 3269 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 26 Primer! on 9 30/2004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District to Change the Zoning Atlas LOCATION: Approximately 3253, 3265 and 3269 SW 22nd Terrace APPLICANT(S): Coral Way Acquisition Properties, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 14, 2004 by a vote of 6-3. Also, recommended approval to change the zoning from R-2 Two -Family Residential to C-1 Restricted Commercial with an SD- 23 Coral Way Special Overlay District for lot 34 and SD-12 Buffer Overlay District over the remaining lots 32 and 33. See companion File ID 04-00564. PURPOSE: This will change the above properties C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District. MOVED: Tomas Regalado SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado Direction to the City Attorney by Commissioner Winton to review the convenant voluntarily proffered by the applicant, and ensure that the City is protected in the long-term from any changes that may occur on this site. PZ.32 04-00561 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 339 NORTHEAST 28TH STREET, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 27 Printed on 913012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 10544, from "High Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 339 NE 28th Street APPLICANT(S): Dana Murphy, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 5, 2004 by a vote of 5-1. See companion File ID 04-00561 a. PURPOSE: This will change the above property to Restricted Commercial. DENIED A motion was made by Commissioner Winton seconded by Commissioner Regalado, and was passed unanimously, to DENY item PZ. 32. PZ.33 04-00561a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20" EDGEWATER OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 339 NORTHEAST 28TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-4 Multifamily High - Density Residential to C-1 Restricted Commercial with an SD-20 Edgewater Overlay District to Change the Zoning Atlas LOCATION: Approximately 339 NE 28th Street APPLICANT(S): Dana Murphy, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 7-2. See companion File ID 04-00561. PURPOSE: This will change the above property to C-1 Restricted Commercial with an SD-20 Edgewater Overlay District. DENIED City of Miami Page 28 Printed on 913012004 City Commission Marked Agenda September 27, 2004 A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to DENY item PZ. 33. PZ.34 04-00670 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1636, 1646 AND 1650 NORTHEAST MIAMI COURT AND 1657 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "General Commercial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1636, 1646 and 1650 NE Miami Court and 1657 N Miami Avenue APPLICANT(S): Filling Station Lofts, LLC APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 2, 2004 by a vote of 8-1. See companion File ID 04-00670a. PURPOSE: This will change the above properties to Restricted Commercial. MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado PZ.35 04-00670a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-2" LIBERAL COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD -19" DESIGNATED F.A.R. OVERLAY DISTRICT OF 2.62 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1636, 1646 AND 1650 NORTHEAST MIAMI COURT AND 1657 NORTH MIAMI AVENUE, MIAMI, ('iti' 0J.ifiamr Page 29 Printed on 9,30/2004 City Commission Marked Agenda September 27, 2004 FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from C-2 Liberal Commercial to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District of 2.62 to Change the Zoning Atlas LOCATION: Approximately 1636, 1646 and 1650 NE Miami Court and 1657 N Miami Avenue APPLICANT(S): Filling Station Lofts, LLC APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on July 12, 2004 by a vote of 8-1. See companion File ID and 04-00670. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District of 2.62. MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado PZ.36 04-00671 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 201 THROUGH 261 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 30 Printed on 9.3012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 201-261 SW 6th Street APPLICANT(S): 261 Brickell, LLC, Owner and Omega Alpha Engineering USA Group, Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 2, 2004 by a vote of 7-1. See companion File ID 04-00671 a. PURPOSE: This will change the above properties to Restricted Commercial. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Sanchez absent, to CONTINUE item PZ. 36 to the Commission Meeting currently scheduled for October 28, 2004. PZ.37 04-00671a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "SD- 4" WATERFRONT INDUSTRIAL DISTRICT AND "I" INDUSTRIAL TO "SD-7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 227-243 SOUTHWEST 6TH STREET, 261 SOUTHWEST 6TH STREET AND 201-227 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City o_ Miami Page 31 Printed on 913012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 11000, from SD-4 Waterfront Industrial District and I Industrial to SD-7 Central Brickell Rapid Transit Commercial -Residential District to Change the Zoning Atlas LOCATION: Approximately 227-243 SW 6th Street, 261 SW 6th Street and 201-227 SW 6th Street APPLICANT(S): 261 Brickell, LLC, Owner and Omega Alpha Engineering USA Group, Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on July 12, 2004 by a vote of 6-3. See companion File ID and 04-00671. PURPOSE: This will change the above properties to SD-7 Central Brickell Rapid Transit Commercial -Residential District. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Sanchez absent, to CONTINUE item PZ. 37 to the Commission Meeting currently scheduled for October 28, 2004. PZ.38 04-00565 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3525, 3541 AND 3545 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ('111 (# tliaml Page 32 Printed on 913012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3525, 3541 and 3545 SW 22nd Terrace APPLICANT(S): Coral East Development Corp. APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 5, 2004 by a vote of 4-2. See companion File ID 04-00565a. PURPOSE: This will change the above properties to Restricted Commercial. �0•1."l1a1aj A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to CONTINUE item PZ.38 to the Commission Meeting currently scheduled for October 28, 2004. Direction to the Administration by Commissioner Winton to schedule Item PZ. 37 as the first item on the Planning and Zoning Meeting of October 28, 2004. PZ.39 04-00565a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3525, 3541 AND 3545 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 33 Printed on 913012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District to Change the Zoning Atlas LOCATION: Approximately 3525, 3541 and 3545 SW 22nd Terrace APPLICANT(S): Coral East Development Corp. APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 12, 2004 by a vote of 5-4. See companion File ID and 04-00565. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District. CONTINUED A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to CONTINUE item PZ.39 to the Commission Meeting currently scheduled for October 28, 2004. PZ.40 04-00852 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED WITHIN AND APPROXIMATELY THE AREA BOUNDED BY INTERSTATE I-95 TO THE EAST, NORTHWEST 20TH STREET TO THE NORTH, NORTHWEST 7TH AVENUE TO THE WEST, AND NORTHWEST 17TH STREET TO THE SOUTH, MIAMI, FLORIDA; FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 34 Printed on 9 30/1004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately the Area Bounded by Interstate-95 to the East, NW 20th Street to the North, NW 7th Avenue to the West and NW 17th Street to the South APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 7, 2004 by a vote of 7-0. See companion File ID 04-00852a. PURPOSE: This will change the above properties to General Commercial. DENIED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to DENY item PZ.40. PZ.41 04-00852a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTIES LOCATED WITHIN AND APPROXIMATELY BOUNDED BY INTERSTATE 1-95 TO THE EAST, NORTHWEST 20TH STREET TO THE NORTH, NORTHWEST 7TH AVENUE TO THE WEST, AND NORTHWEST 17TH STREET TO THE SOUTH, MIAMI, FLORIDA,- LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 3.5 Printed on 913012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 11000, from I Industrial to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately the Area Bounded by Interstate-95 to the East, NW 20th Street to the North, NW 7th Avenue to the West and NW 17th Street to the South APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 7, 2004 by a vote of 7-0. See companion File ID 04-00852. PURPOSE: This will change the above properties to C-2 Liberal Commercial DENIED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to DENY item PZ.41. The following item shall not be considered before 5:00 pm. PZ.42 04-00460 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO RESOLUTION NO. 98-450, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, FOR THE VILLA MAGNA PROJECT (F.K.A. BAYSHORE PALMS MUSP PHASE II) LOCATED AT 1201 BRICKELL BAY DRIVE, MIAMI, FLORIDA, TO ALLOW A MODIFICATON TO CONSTRUCT TWO RESIDENTIAL TOWERS CONSISTING OF 909 MULTIFAMILY UNITS, 209 HOTEL UNITS WITH RECREATIONAL AMENITIES, 30,850 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 1,460 PARKING SPACES AND TO INCREASE THE FLOOR AREA RATION (FAR) BY 20% (137,263 SQUARE FEET). 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. City of Miami Page 36 Printed on 913012004 City Commission Marked Agenda September 27, 2004 REQUEST: Major Use Special Permit for the Villa Magna (f.k.a. Bayshore Palms Phase II) LOCATION: Approximately 1201 Brickell Bay Drive APPLICANT(S): Tibor Hollo, Member, Excel.com LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 21, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Villa Magna Project. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to CONTINUE item PZ. 42 to the Commission Meeting currently scheduled for October 28, 2004, at a time certain of 5:30 p.m. The following items shall not be considered before 6:30 pm. PZ.43 04-00853 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 2471 SOUTHWEST 32ND AVENUE, 3186 SOUTHWEST 25TH STREET AND 2511 SOUTHWEST 32ND AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 37 Printed on 913012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 2471 SW 32nd Avenue, 3186 SW 25th Street and 2511 SW 32nd Avenue APPLICANT(S): Henry Lester Clark, Owner and GMRR Investments Corp., Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on July 7, 2004 by a vote of 5-2. See companion File ID 04-00853a. PURPOSE: This will change the above properties to Restricted Commercial. DEFERRED A motion was made by Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, to DEFER item PZ. 43. PZ.44 04-00853a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2471 AND 2511 SOUTHWEST 32ND AVENUE, AND 3186 SOUTHWEST 25TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 38 Printer! on 93012004 City Commission Marked Agenda September 27, 2004 REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 2471 and 2511 SW 32nd Avenue and 3186 SW 25th Street APPLICANT(S): Henry Lester Clark, Owner and GMRR Investments Corp., Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 26, 2004 by a vote of 6-3. See companion File ID and 04-00853. PURPOSE: This will change the above properties to C-1 Restricted Commercial. DEFERRED A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to DEFER item PZ. 44. NON -AGENDA ITEMS NA.1 04-01121 DISCUSSION ITEM INTRODUCTION OF ORLANDO TOLEDO, THE CITY'S NEW ZONING ADMINISTRATOR. DISCUSSED NA.2 04-01123 DISCUSSION ITEM A MOTION WAS MADE BY COMMISSIONER REGALADO, SECONDED BY COMMISSIONER WINTON, AND WAS PASSED UNANIMOUSLY, WITH VICE CHAIRMAN GONZALEZ ABSENT, TO ADD TO THE CALL OF THE SPECIAL COMMISSION MEETING SCHEDULED FOR SEPTEMBER 28, 2004, CONSIDERATION OF AN ITEM FOR EMERGENCY RELIEF TO HAITI IN THE AFTERMATH OF HURRICAN JEANNE. MOTION A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to adjourn today's Special Planning and Zoning Meeting. City of Miami Page 39 Printed on 913012004