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HomeMy WebLinkAboutCC 2009-12-10 Marked AgendaCity of Miami Marked Agenda City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Commissioner District One Francis Suarez, Commissioner District Four Commissioner District Five Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, December 10, 2009 10:00 AM City Hall Commission Chambers Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. Present: Vice Chairman Carollo, Chair Sarnoff and Commissioner Suarez On the 10th day of December 2009, 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 Marc David Sarnoff at 9:03 a.m., recessed at 11:45 a.m., reconvened at 3:02 p.m., recessed at 5:43 p.m., reconvened at 6:09 p.m., and adjourned at 8:12 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk City ofllfiami Page 1 Printed On 12/14/2009 City Commission Marked Agenda December 10, 2009 Order of the Day City ofMiami Page 2 Printed on 12/14/2009 City Commission Marked Agenda December 10, 2009 PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 10:00 am. PZ.1 09-01019xc 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, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES OF "PR" PARKS, RECREATION AND OPEN SPACE (2), TO ALLOW SUPPORTING SOCIAL AND ENTERTAINMENT SERVICES FOR THE MUSEUM PARK MIAMI (SUCH AS RESTAURANTS, CAFES AND RETAIL), 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 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA. LOCATION: Approximately 1075 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 with a condition*. ZONING BOARD: Recommended approval with a condition* to City Commission on October 19, 2009 by a vote of 6-3. *See supporting documentation. PURPOSE: This will allow restaurants, cafes and retail for the proposed Museum Park Miami. 09-01 019xc Analysis.pdf 09-01 019xc Zoning Map.pdf 09-01 019xc Aerial Map.pdf 09-01 019xc Application & Supporting Docs.pdf 09-01 019xc Plans.pdf 09-01019xc ZB Reso.pdf 09-01 019xc CC Legislation (Version 2).pdf 09-01 019xc Exhibit A.pdf 09-01 019xc CC 11-19-09 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Marc David Sarnoff UNANIMOUS Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez City ofMiami Page 3 Printed on 12/14/2009 City Commission Marked Agenda December 10, 2009 scheduled for January 28, 2010. PZ.2 09-00950zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 9 OF ZONING ORDINANCE 11000, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS"; MORE PARTICULARLY BY AMENDING SECTION 936, ENTITLED CHILD DAY CARE CENTERS; INCLUDING REGULATIONS FOR URBAN CHILD CARE FACILITIES WITHIN CBD (CENTRAL BUSINESS DISTRICT), SD-5 (BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT), AND SD-7 (CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL- RESIDENTIAL DISTRICTS) TO BE APPROVED BY A CLASS II SPECIAL PERMIT IN ORDER TO MEET THE REGULATIONS ESTABLISHED BY FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: CBD (Central Business District), SD-5 (Brickell Avenue Area Residential -Office District), and SD-7 (Central Brickell Rapid Transit Commercial -Residential Districts) [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 16, 2009 by a vote of 7-0. PURPOSE: This will allow for urban child care facilities within the CBD, SD-5 and SD-7 to be approved by Class II Special Permit to meet regulations established by Florida Statutes. 09-00950zt PAB Reso.pdf 09-00950zt CC Legislation (Version 2).pdf 09-00950zt CC FR 11-19-09 Fact Sheet.pdf 13121 MOVED: Frank Carollo SECONDED: Francis Suarez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez PZ.3 09-00752zt 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 6, SECTION 620, "SD-20" EDGEWATER OVERLAY DISTRICT; "SD-20.1" BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT, IN ORDER TO MODIFY City ofMiami Page 4 Printed on 12/14/2009 City Commission Marked Agenda December 10, 2009 USE REGULATIONS TO ALLOW FOR ACCESSORY PARKING ON "R-4" DESIGNATED PROPERTIES, ABUTTING "C-1" DESIGNATED PROPERTIES FRONTING BISCAYNE BOULEVARD BY SPECIAL EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: "SD-20" Edgewater Overlay District; "SD-20.1" Biscayne Boulevard Edgewater Overlay District [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 July 15, 2009 by a vote of 7-0. PURPOSE: This will allow for accessory parking on "R-4" designated properties abutting "C-1" designated properties fronting Biscayne Boulevard by Special Exception. 09-00752zt Zoning Map.pdf 09-00752zt Aerial Map.pdf 09-00752zt PAB Reso.pdf 09-00752zt CC Legislation (Version 2).pdf 09-00752zt CC FR 11-19-09 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez PZ.4 09-00753zt 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 6, SECTIONS 602.3, "CLASS II SPECIAL PERMIT" AND 602.5 ENTITLED "PERMITTED ACCESSORY USES AND STRUCTURES," TO ALLOW OPEN AIR GREEN MARKETS IN THE "SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 5 Printed on 12/14/2009 City Commission Marked Agenda December 10, 2009 LOCATION: "SD-2" Coconut Grove Central Commercial District [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 with modifications to add the colors of yellow and orange to Section 602.5.1, Item 9 of the legislation, to City Commission on July 15, 2009 by a vote of 7-0. PURPOSE: This will allow open air green markets in the "SD-2" Coconut Grove Central Commercial District by Class II Special Permit. 09-00753zt Zoning Map.pdf 09-00753zt Aerial Map.pdf 09-00753zt PAB Reso.pdf 09-00753zt CC Legislation (Version 2).pdf 09-00753zt CC FR 11-19-09 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez PZ.5 09-00872zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "HISTORIC PRESERVATION", BY AMENDING SECTION 23-2, ENTITLED "DEFINITIONS", BY ADDING A DEFINITION OF DEMOLITION BY NEGLECT; FURTHER ENACTING A NEW SECTION 23-9.1, ENTITLED "DEMOLITION BY NEGLECT", WHICH WILL PROHIBIT DEMOLITION BY NEGLECT OF DESIGNATED HISTORIC PROPERTIES; REQUIRE AFFIRMATIVE MAINTENANCE OF THESE PROPERTIES; PROVIDE MINIMUM MAINTENANCE STANDARDS; PROVIDE FOR RELIEF DUE TO ECONOMIC HARDSHIP; PROVIDE FOR CODE ENFORCEMENT REMEDIES; PROVIDE FOR CIVIL PENALTIES AND INFRACTIONS INCLUDING LIENS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 6 Printed on 12/14/2009 City Commission Marked Agenda December 10, 2009 LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board recommendation. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval to City Commission on August 4, 2009 by a vote of 6-0. PURPOSE: This will prohibit demolition by neglect of designated historic properties; require affirmative maintenance; provide minimum maintenance standards; provide for relief due to economic hardship; provide for code enforcement remedies; and provide for civil penalties and infractions including liens. 09-00872zt HEPB Reso.pdf 09-00872zt CC Legislation (Version 1).pdf 09-00872zt CC FR 11-19-09 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez PZ.6 09-01071 ORDINANCE First Reading NOTE: This item will be heard as the last item on this agenda. AN ORDINANCE OF THE MIAMI CITY COMMISSION DESIGNATING THE PUBLIC RIGHT-OF-WAY ALONG BISCAYNE BOULEVARD FROM APPROXIMATELY THE MIAMI RIVER NORTH TO NORTHEAST 36TH STREET, THE RIGHT-OF-WAY WIDTH IS AS FOLLOWS: FROM SOUTHEAST 4TH STREET TO SOUTHEAST 2ND STREET (100'), FROM SOUTHEAST 2ND STREET TO NORTHEAST 6TH STREET (230'), FROM NORTHEAST 6TH STREET TO NORTHEAST 8 STREET (168'), FROM NORTHEAST 8 STREET TO NORTHEAST 9TH STREET (150'), FROM NORTHEAST 9TH STREET TO NORTHEAST 12TH STREET (220'), AND NORTHEAST 12TH STREET TO NORTHEAST 36TH STREET (100'), MIAMI, FLORIDA, AS A SCENIC TRANSPORTATION CORRIDOR PURSUANT TO CHAPTER 17, SECTION 17-31 (B) (3), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ENVIRONMENTAL PRESERVATION DISTRICTS"; AMENDING THE OFFICIAL HISTORIC AND ENVIRONMENTAL PRESERVATION ATLAS OF THE CITY OF MIAMI; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 7 Printed on 12/14/2009 City Commission Marked Agenda December 10, 2009 LOCATION: Approximately the Public Right -of -Way along Biscayne Boulevard from Approximately the Miami River North to NE 36th Street, the Right -of -Way Width is as Follows: From SE 4th Street to SE 2nd Street (100'), from SE 2nd Street to NE 6th Street (230'), from NE 6th Street to NE 8th Street (168'), from NE 8th Street to NE 9th Street (150'), from NE 9th Street to NE 12th Street (220'), and NE 12th Street to NE 36th Street (100') [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board recommendation. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval to City Commission on September 1, 2009 by a vote of 8-0. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 7, 2009 by a vote of 9-0. PURPOSE: This will designate sections of Biscayne Boulevard as a scenic transportation corridor and amend the Official Historic and Environmental Preservation Atlas to reflect this designation. 09-01071 Land Use Map.pdf 09-01071 Zoning Map.pdf 09-01071 Aerial Map.pdf 09-01071 Designation Report.pdf 09-01071 HEPB Reso.pdf 09-01071 PAB Reso.pdf 09-01071 CC Legislation (Version 2).pdf 09-01071 CC FR 11-19-09 Fact Sheet.pdf MOVED: Frank Carollo SECONDED: Francis Suarez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez PZ.7 09-00955zt 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 6, SECTION 610.3.2 ENTITLED "CONSIDERATIONS IN MAKING CLASS II SPECIAL PERMIT DETERMINATION," TO ALLOW CANTILEVER COMPONENTS PROMOTING ENERGY EFFICIENCY, TO PROJECT INTO YARDS ADJACENT TO STREETS; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 8 Printed on 12/14/2009 City Commission Marked Agenda December 10, 2009 LOCATION: SD-10 Medical Health Care, Hospital and Research Park Overlay District [Commissioner - District 1 and Commissioner - District 5] 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 16, 2009 by a vote of 7-0. PURPOSE: This will allow for cantilever components promoting energy efficiency to project into yards adjacent to streets, subject Class II Special Permit approval, in SD-10. 09-00955zt PAB Reso.pdf 09-00955zt CC Legislation (Version 2).pdf 09-00955zt CC FR 11-19-09 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez PZ.8 09-01051zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 9, SECTION 916, ENTITLED "INTERIM PARKING", LIMITING THE LOCATION OF SHORT-TERM EVENT PARKING, CREATING AN INTERIM TEMPORARY PARKING PILOT PROGRAM, PROVIDING FOR NEW CRITERIA AND SPECIAL PERMIT REQUIREMENTS, AND ALLOWING FOR TIME EXTENSIONS WITH REFERRALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 9 Printed on 12/14/2009 City Commission Marked Agenda December 10, 2009 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 (PAB): Recommended approval to City Commission on October 7, 2009 by a vote of 9-0. The PAB also recommended that the City Commission direct the Planning Department to conduct a longer term parking study also on Biscayne Boulevard corridor so that temporary measure wouldn't be necessary, on October 7, 2009 by a vote of 8-0. PURPOSE: This will limit the location of the short-term event parking, create an interim temporary parking pilot program, provide for new criteria and special permit requirements, and allow for time extensions with referrals. 09-01051zt PAB Resos.pdf 09-01051zt CC Legislation (Version 2).pdf 09-01051zt CC FR 11-19-09 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez PZ.9 09-01131ct ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE GOALS, OBJECTIVES AND POLICIES OF THE NATURAL GROUND WATER, POTABLE WATER, NATURAL RESOURCE CONSERVATION, CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAL COORDINATION ELEMENTS; INCORPORATING A 20-YEAR WATER SUPPLY FACILITIES WORK PLAN; AS REQUIRED BY FLORIDA STATUTE, CHAPTER 163, AND CHAPTER 9J-5, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 10 Printed on 12/14/2009 City Commission Marked Agenda December 10, 2009 LOCATION: Citywide APPLICANT(S): Pedro 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 November 4, 2009 by a vote of 9-0. PURPOSE: This will amend the goals, objectives and policies of the Natural Ground Water, Potable Water, Natural Resource Conservation, Capital Improvements and Intergovernmental Coordination Elements and incorporate the City's 20-Year Water Supply Facilities Work Plan into the City's Comprehensive Plan as required by Chapter 163, Part II, F.S. 09-01131ct PAB Reso.pdf 09-01131ct CC Legislation (Version 2).pdf 09-01131 ct Exhibit A.pdf 09-01131ct CC FR 11-19-09 Fact Sheet.pdf MOVED: Frank Carollo SECONDED: Francis Suarez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez PZ.10 08-00680Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO § 163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1421 NORTHWEST 61ST STREET, MIAMI, FLORIDA, FROM PARKS AND RECREATION TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 11 Printed on 12/14/2009 City Commission Marked Agenda December 10, 2009 PZ.11 LOCATION: Approximately 1421 NW 61st Street [Commissioner - District 5] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 16, 2009 by a vote of 7-0. See companion File ID 08-00680zc. PURPOSE: This will change the above property to Medium Density Multifamily Residential. 08-006801u Analysis.pdf 08-006801u Land Use Map.pdf 08-006801u & 08-00680zc Aerial Map.pdf 08-006801u School Board Concurrency.pdf 08-006801u PAB Reso.pdf 08-006801u CC Legislation (Version 2).pdf 08-006801u & 08-00680zc Exhibit A.pdf 08-006801u CC FR 12-17-09 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez Note for the Record: Item PZ.10 was continued to the Commission meeting currently scheduled for December 17, 2009 at 11 a.m. 08-00680zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 12, 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 PR PARKS AND RECREATION TO SD-1.1 KINGS HEIGHTS ORCHARD VILLA SPECIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1421 NORTHWEST 61ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 12 Printed on 12/14/2009 City Commission Marked Agenda December 10, 2009 LOCATION: Approximately 1421 NW 61st Street [Commissioner - District 5] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD (PAB): Recommended denial to City Commission on September 16, 2009 by a vote of 7-0. Also on September 16, 2009, the PAB recommended to the City Commission to consider increasing the size of the existing "Parks and Recreation" zoning in this area and direct the Planning Department to re-examine the existing "R-3" zoning on this block and surrounding blocks, by a vote of 7-0. See companion File ID 08-006801u. PURPOSE: This will change the above property to SD-1.1 King Heights Orchard Villa Special District. 08-00680zc Analyisis.pdf 08-00680zc Zoning Map.pdf 08-006801u & 08-00680zc Aerial Map.pdf 08-00680zc PAB Resos.pdf 08-00680zc CC Legislation (Version 2).pdf 08-006801u & 08-00680zc Exhibit A.pdf 08-00680zc CC FR 12-17-09 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez Note for the Record: Item PZ.11 was continued to the Commission meeting currently scheduled for December 17, 2009 at 11 a.m. PZ.12 08-00169xt RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING OR GRANTING AN EXTENSION OF TIME FOR VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19, SECTION 1901, ARTICLE 4, SECTION 401, TO ALLOW AN INTERIOR SIDE SETBACK (NORTH) OF 0'0" (15'0" REQUIRED); A STREET SIDE SETBACK (SOUTH) OF 4'6" (15'0" REQUIRED); AND A REAR SETBACK (WEST) OF 2'10" (7'6" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 888 BRICKELL AVENUE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. City ofMiami Page 13 Printed on 12/14/2009 City Commission Marked Agenda December 10, 2009 LOCATION: Approximately 888 Brickell Avenue [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Carlos J. Gimenez, Esquire, on behalf of 1000 Brickell Avenue APPLICANT(S): Santiago D. Echemendia, Esquire and Bob de la Fuente, Esquire, on behalf of Alphatur, NV FINDING(S): PLANNING DEPARTMENT: No objection to the extension of time request. ZONING BOARD: Granted the Extension of Time for Variances on September 14, 2009 by a vote of 4-2. PURPOSE: The approval of this appeal will not allow an extension of time to allow fewer setbacks than required. NOTE(S): The Zoning Board originally granted the Variances on March 24, 2008 by a vote of 3-2, but an adjacent property owner appealed that decision. The City Commission then denied the appeal, affirmed the decision of the Zoning Board, and granted the Variances on July 24, 2008. 08-00169xt Extension Request Letter & Supporting Docs.pdf 08-00169x Appeal Letter.pdf 08-00169xt Analysis.pdf 08-00169xt Zoning Map.pdf 08-00169xt Aerial Map.pdf 08-00169xt Letter of Intent.pdf 08-00169xt Application & Supporting Docs.pdf 08-00169xt Plans.pdf 08-00169xt ZB Reso.pdf 08-00169xt Appeal Letter.pdf 08-00169xt CC Legislation (Version 3).pdf 08-00169xt CC Legislation (Version 4).pdf 08-00169xt Exhibit A.pdf 08-00169xt CC 11-19-09 Fact Sheet.pdf WITHDRAWN PZ.13 09-00616za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY AMANDA L. QUIRKE, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED MAY 20, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR AN OUTDOOR ADVERTISING SIGN IN LUMMUS PARK, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. City ofMiami Page 14 Printed on 12/14/2009 City Commission Marked Agenda December 10, 2009 LOCATION: Approximately 350 NW 2nd Street [Commissioner - District 5] APPELLANT(S): Amanda L. Quirke, Esquire, on behalf of Outlook Media of South Florida, LLC FINDING(S): OFFICE OF ZONING: Recommended denial of the appeal and uphold the zoning administrator's interpretation. ZONING BOARD: Denied the appeal on September 14, 2009 by a vote of 4-2. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. 09-00616za ZB Reso.pdf 09-00616za ZB 09-14-09 Backup Documentation.pdf 09-00616za ZB Appeal Letter & Supporting Documents.pdf 09-00616za CC Legislation (Version 3).pdf 09-00616za CC Legislation (Version 4).pdf 09-00616za CC 11-19-09 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Frank Carollo UNANIMOUS Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Carollo, Sarnoff and Suarez Note for the Record: Item PZ.13 was deferred to the Commission meeting currently scheduled for January 28, 2010. END OF PLANNING AND ZONING ITEMS City ofMiami Page 15 Printed on 12/14/2009