HomeMy WebLinkAboutCC 2009-12-17 AgendaCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Agenda
Thursday, December 17, 2009
10:00 AM
PLANNING AND ZONING
City Hall Commission Chambers
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 Commission
Meeting Agenda December 17, 2009
ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO.
11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE
CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS,
AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS
AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL.
ANY PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE
CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR
COMMITTEES CONCERNING ANY ISSUE, SHALL DISCLOSE IN WRITING, AT THE
COMMENCEMENT (OR CONTINUANCE) OF THE HEARING(S) ON THE ISSUE THE FOLLOWING
INFORMATION:
1. WHETHER ANY CONSIDERATION HAS BEEN PROVIDED OR COMMITTED, DIRECTLY, OR
ON ITS BEHALF, TO ANY ENTITY OR PERSON FOR AN AGREEMENT TO SUPPORT OR
WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION;
2. TO WHOM THE CONSIDERATION HAS BEEN PROVIDED OR COMMITTED;
3. THE NATURE OF THE CONSIDERATION, AND
4. A DESCRIPTION OF WHAT IS BEING REQUESTED IN EXCHANGE FOR THE
CONSIDERATION.
THE DISCLOSURE FORM WHICH IS AVAILABLE FROM THE CITY CLERK MUST BE READ INTO
THE RECORD BY THE REQUESTING PERSON OR ENTITY PRIOR TO SUBMISSION TO THE
SECRETARY/CLERK OF THE RESPECTIVE BOARD.
PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY
VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS
FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO
OCCURS, OVERRIDE SUCH VETO BY A FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN
PRESENT.
ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES
BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER
AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY
VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING
OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER
REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE
COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO
QUIETLY.
THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND
THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS
AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY
CLERK IN CITY HALL, AT AGENDA OFFICE/MIAMI RIVERSIDE CENTER, OR ON-LINE AT
WWW.MIAMIGOV.COM.
ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING
IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC
HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS
POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY
City ofMiami Page 2 Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD
APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER.
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Formal action may be taken on any item discussed or added to this Agenda. Any person, or
persons, wishing to appeal any decision made by the City Commission with respect to any
matter considered at this meeting or hearing, will require a verbatim record of the proceeding
upon which the appeal is based. Any person with a disability requiring auxiliary aids and
services for meetings may call the City Clerk's Office, 250-5360, with requests at least two
business days before the meeting date.
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The City Commission has established a policy that the lunch recess will begin at the
conclusion of deliberations of the agenda item being considered at Noon; further, that
Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item
being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the
members of the City Commission then present or (b) at the conclusion of the regularly
scheduled agenda, whichever occurs first. This rule does not apply when the City
Commission is engaged in its annual budget hearings (Ordinance 12586).
City ofMiami
Page 3 Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PLANNING AND ZONING ITEMS
The following item(s) shall not be considered before 10:00 am.
PZ.1 06-00415mm
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING WITH CONDITIONS, A SUBSTANTIAL
MODIFICATION TO A PREVIOUSLY APPROVED MAJOR USE SPECIAL
PERMIT PURSUANT TO ARTICLES 13, 17 AND 22 OF ZONING
ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, FOR THE VILLAGE CARVER PROJECT,
TO BE LOCATED AT APPROXIMATELY 401 NORTHWEST 71 ST STREET,
A/K/A 485 NORTHWEST 71ST STREET, MIAMI, FLORIDA, TO MODIFY
RESOLUTION NO. 08-0458, ADOPTED JULY 24, 2008, AS FOLLOWS: 1)
TO INCREASE THE TOTAL NUMBER OF UNITS OF THE UNIFIED
MULTIFAMILY -RESIDENTIAL DEVELOPMENT FROM 309 TO 310 UNITS;
2) TO INCREASE THE TOTAL NUMBER OF PROVIDED OFF-STREET
PARKING SPACES FROM 391 TO 443 SPACES (386 WITHIN A PARKING
GARAGE STRUCTURE AND 57 SPACES ON A SURFACE PARKING LOT);
AND 3) TO RELOCATE THE FOOTPRINT OF ALL PHASES (I, II AND III)
MORE THAN 10 FEET IN A HORIZONTAL DIRECTION DUE TO HISTORIC
PRESERVATION SITE REQUIREMENTS; PROVIDING FOR CERTAIN
FLOOR AREA RATIO; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 401 NW 71 st Street, A/K/A 485 NW 71 st Street
[Commissioner - District 5]
APPLICANT(S): Lucia Dougherty, Esquire, on behalf of 401 NW LLC,
Village Carver Phase I, LLC, Village Carver Phase II, LLC and Village Carver
Phase III, LLC, as Applicant/Developer and YMCA of Greater Miami, Inc., as
Owner
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with conditions*.
ZONING BOARD: Recommended approval with conditions* of the Special
Exceptions to City Commission on November 9, 2009 by a vote of 7-0.
PLANNING ADVISORY BOARD: Recommended approval with conditions*
of the Substantial Modification to City Commission on November 18, 2009 by
a vote of 7-0.
*See supporting documentation.
PURPOSE: This will allow the substantial modification of the Village Carver
project.
City ofMiami
Page 4 Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
06-00415mm MUSP Analysis.pdf
06-00415mm Zoning Map.pdf
06-00415mm Aerial Map.pdf
06-00415x3 ZB Special Exception Reso.pdf
06-00415x3 ZB Special Exception Fact Sheet.pdf
06-00415x3 ZB Special Exception Analysis.pdf
06-00415mm PAB MUSP Reso.pdf
06-00415mm HEPB Letter & Reso.pdf
06-00415mm School Board Concurrency.pdf
06-00415mm CC Legislation (Version 2).pdf
06-00415mm ExhibitA.pdf
06-00415mm Exhibit B.pdf
06-00415mm CC 12-17-09 Fact Sheet.pdf
06-00415mm Binder Cover.pdf
06-00415mm Applicant Letter & Inside Cover.pdf
06-00415mm Table of Contents.pdf
06-00415mm I. Project Information.pdf
06-00415mm I.A. Letter of Intent.pdf
06-00415mm I.B. Major Use Special Permit Application & Special Exception Applications.pdf
06-00415mm I.C. Approved Major Use Special Permit Reoslution No. 08-0458.pdf
06-00415mm I.D. Zoning Write Up.pdf
06-00415mm I.E. Zoning Atlas.pdf
06-00415mm I.F. Project Data Sheet.pdf
06-00415mm I.G. Warranty Deed.pdf
06-00415mm I.H. School Concurrency Application.pdf
06-00415mm I.I. State of Florida Documents.pdf
06-00415mm I.J. Directory of Project Principals.pdf
06-00415mm II. Project Description.pdf
06-00415mm III. Supporting Documents.pdf
06-00415mm 111.1. Minority Construction Employment Plan.pdf
06-00415mm 111.2. Traffic Impact Analysis & Sufficiency Letter.pdf
06-00415mm 111.3. Site Utility Study.pdf
06-00415mm 111.4. Economic Impact Study & Envionrmental Study.pdf
06-00415mm 111.5. Survey of Property.pdf
06-00415mm 111.6. Architectural Plans.pdf
City of Miami Page 5
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.2 06-01242mm1
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING WITH CONDITIONS, A SUBSTANTIAL
MODIFICATION TO A PREVIOUSLY APPROVED SUBSTANTIAL
MODIFICATION FOR THE CIVICA TOWER MAJOR USE SPECIAL PERMIT
PURSUANT TO ARTICLES 13, 17 AND 22 OF ZONING ORDINANCE NO.
11000,THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, FOR THE CIVICA TOWER PROJECT, TO BE LOCATED AT
APPROXIMATELY 1050 NORTHWEST 14TH STREET, MIAMI, FLORIDA,
TO MODIFY THE PREVIOUSLY APPROVED SUBSTANTIAL
MODIFICATION OF THE MAJOR USE SPECIAL PERMIT PURSUANT TO
RESOLUTION NO. 09-0266, ADOPTED MAY 28, 2009, AS FOLLOWS: 1)
TO DECREASE THE RETAIL SPACE FROM 16,988 SQUARE FEET TO
14,809 SQUARE FEET; 2) TO INCREASE THE GENERAL OFFICE SPACE
FROM 551,452 SQUARE FEET TO 553,631 SQUARE FEET; 3) TO
INCREASE THE OPEN SPACE FROM 16,895 SQUARE FEET TO 22,675
SQUARE FEET; 4) TO DECREASE THE FOOTPRINT FROM 62,220
SQUARE FEET TO 56,440 SQUARE FEET; 5) TO DECREASE THE
NUMBER OF PARKING SPACES FROM 1,457 TO 1,150; AND 6) TO
INCREASE THE OVERALL HEIGHT BY ONE (1) INCH; PROVIDING FOR
CERTAIN FLOOR AREA RATIO; MAKING FINDINGS OF FACT AND
STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 1050 NW 14th Street [Commissioner - District 1]
APPLICANT(S): Vicky Garcia -Toledo, Esquire, on behalf of Swerdlow
Development Company, LLC, as Contract Purchaser and Miami Hotel
Investments, Ltd., Owner
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with conditions*.
PLANNING ADVISORY BOARD: Recommended approval with conditions*
(excluding Condition "C") to City Commission on November 18, 2009 by a
vote of 8-0.
*See supporting documentation.
PURPOSE: This will allow a substantial modification to a previously
approved substantial modification of the Civica Tower project.
City ofMiami
Page 6 Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
06-01242mm1 Analysis.pdf
06-01242mm1 Zoning Map.pdf
06-01242mm1 Aerial Map.pdf
06-01242mm1 PAB Reso.pdf
06-01242mm1 School Board Concurrency.pdf
06-01242mm1 CC Legislation (Version 2).pdf
06-01242mm1 Exhibit A.pdf
06-01242mm1 Exhibit B.pdf
06-01242mm1 CC 12-17-09 Fact Sheet.pdf
06-01242mm1 Binder Cover.pdf
06-01242mm1 Inside Cover & Table of Contents.pdf
06-01242mm1 I.A. Major Use Special Permit Application, Addendum, Zoning Write Up.pdf
06-01242mm1 I.B. Disclosure of Ownership.pdf
06-01242mm1 I.C. Owership Affidavit.pdf
06-01242mm1 I.D. Miscellaneous Documents.pdf
06-01242mm1 I.E. Directory of Project Principals.pdf
06-01242mm1 I.F. Ownership List & Mailing Labels.pdf
06-01242mm1 I.G. Project Data Sheet - Zoning Write Up.pdf
06-01242mm1 I.H. City of Miami Zoning Atlas Map & Future Land Use Map.pdf
06-01242mm1 I.I. Prior Approved Resolutions.pdf
06-01242mm1 II. Project Description.pdf
06-01242mm1 III. Supporting Documents.pdf
06-01242mm1 111.1. Minority Construction Employment Plan.pdf
06-01242mm1 111.2. Traff Impact Analysis.pdf
06-01242mm1 111.3. Site Utility Study.pdf
06-01242mm1 111.4. Economic Impact Study.pdf
06-01242mm1 111.5. Environmental Impact Study.pdf
06-01242mm1 111.6. Survey of Property & Drawings Submitted.pdf
City ofMiami Page 7
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.3 09-00817zc
ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S) AMENDING PAGE NO. 35, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE
PROPERTY LOCATED AT APPROXIMATELY 500 NORTHWEST SOUTH
RIVER DRIVE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 500 NW South River Drive [Commissioner Frank
Carollo - District 3]
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of 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 change the above property to C-1 Restricted
Commercial.
NOTE(S): On October 22, 2009, the City Commission also passed on First
Reading the companion Land Use Change; however, that item is no longer
required because it has been resolved by land use changes presented and
approved by the City Commission, as part of Miami 21.
09-00817zc Analysis.pdf
09-00817zc Zoning Map.pdf
09-008171u & 09-00817zc Aerial Map.pdf
09-00817zc PAB Reso.pdf
09-00817zc CC Legislation (Version 2).pdf
09-008171u & 09-00817zc Exhibit A.pdf
09-00817zc CC SR 12-17-09 Fact Sheet.pdf
DATE: OCTOBER 22, 2009
MOVER: COMMISSIONER SARNOFF
SECONDER: COMMISSIONER REGALADO
VOTE: AYES: 3 - COMMISSIONER SARNOFF, REGALADO AND
SPENCE-JONES
ABSENT: 2 - COMMISSIONER GONZALEZ AND
SANCHEZ
ACTION: PASSED ON FIRST READING --PASSED
City of Miami Page 8
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.4 07-01024Iu1
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 PROPERTIES
LOCATED AT APPROXIMATELY 61 NORTHWEST 37TH AVENUE, 3667
NORTHWEST FLAGLER TERRACE, AND 58 NORTHWEST 36TH COURT,
MIAMI, FLORIDA, FROM DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 61 NW 37th Avenue, 3667 NW Flagler Terrace,
and 58 NW 36th Court, Miami, Florida [Commissioner Francis Suarez -
District 4]
APPLICANT(S): Javier F. Avino, Esquire, on behalf of Hasred, Inc.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval for Lots 9 and 12 and
denial for Lots 13 through 16.
PLANNING ADVISORY BOARD (PAB): Recommended approval for
specifically Lots 9 and 12 on Block 9, "Twelfth Street Manors;" on September
16, 2009 by a vote of 7-0. The PAB also recommended denial (as
presented) for specifically Lots 13 through 16 on Block 9, "Twelfth Street
Manors;" on September 16, 2009 by a vote of 7-0. The PAB also
recommended to the City Commission on September 16, 2009, that if the
City Commission is inclined to accept the applicant's voluntary proffer of the
plans as presented or any other documentation binding this applicant to the
set of plans presented, and approves the Land Use Change to "Restricted
Commercial" for Lots 13 through 16 on Block 9, "Twelfth Street Manors," the
Board has no objection, by a vote of 7-0. See companion File ID
07-01024zc1.
PURPOSE: This will change the above properties to Restricted Commercial.
07-010241u1 Analysis.pdf
07-010241u1 CC Land Use Map.pdf
07-010241u1 Aerial Map.pdf
07-010241u1 School Board Concurrency.pdf
07-010241u1 PAB Resos.pdf
07-010241u1 Application & Supporting Documents.pdf
07-010241u1 CC Legislation (Version 2).pdf
07-010241u1 & 07-01024zc1 Exhibit A.pdf
07-010241u1 CC FR 12-17-09 Fact Sheet.pdf
City ofMiami
Page 9 Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.5 07-01024zc1
ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 33, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1"
RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 61 NORTHWEST 37TH AVENUE, 3667 NORTHWEST
FLAGLER TERRACE AND 58 NORTHWEST 36TH COURT, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 61 NW 37th Avenue, 3667 NW Flagler Terrace
and 58 NW 36th Court [Commissioner Francis Suarez - District 4]
APPLICANT(S): Javier F. Avino, Esquire, on behalf of Hasred, Inc.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval for Lots 9 and 12 and
denial for Lots 13 through 16.
ZONING BOARD: Recommended approval to City Commission on October
19, 2009 by a vote of 6-3; more specifically, Lots 9 through 12, Block 9 and
recommended denial of Lots 13 through 16, Block 9. Also recommended to
the City Commission to request the city manager and/or Planning
Department to conduct a study of the impact of zoning changes in the area of
NW 37th Avenue from Flagler Street to the 836 Highway in regards to the
economic impact and the preservation of neighborhoods, by a vote of 7-1.
See companion File ID 07-010241u1.
PURPOSE: This will change the above properties to "C-1" Restricted
Commercial.
07-01024zc1 Analysis.pdf
07-01024zc1 Zoning Map.pdf
07-01024zc1 Aerial Map.pdf
07-01024zc1 Application & Supporting Docs.pdf
07-01024zc1 Survey.pdf
07-01024zc1 ZB Resos.pdf
07-01024zc1 CC Legislation (Version 2).pdf
07-010241u1 & 07-01024zc1 Exhibit A.pdf
07-01024zc1 CC FR 12-17-09 Fact Sheet.pdf
City of Miami Page 10
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.6 09-01007Iu
ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE
LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN, AS AMENDED, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY
CHANGING THE LAND USE DESIGNATION OF REAL PROPERTIES
LOCATED AT APPROXIMATELY 755 NORTHWEST 67TH STREET AND
890 NORTHWEST 69TH STREET, MIAMI, FLORIDA, FROM "MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL" TO "HIGH -DENSITY
MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 755 NW 67th Street and 890 NW 69th Street
[Commissioner - District 5]
APPLICANT(S): Iris V. Escarra, Esquire, on behalf of The Village Miami, Ltd
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended approval to City
Commission on October 7, 2009 by a vote of 7-2. See companion File ID
09-01007zc.
PURPOSE: This will change the above properties to "High -Density
Multifamily Residential'.
09-010071u Analysis.pdf
09-010071u Land Use Map.pdf
09-010071u Aerial Map.pdf
09-010071u School Board Concurrency.pdf
09-010071u PAB Reso.pdf
09-010071u Application & Supporting Documents.pdf
09-010071u CC Legislation (Version 2).pdf
09-010071u & 09-01007zc Exhibit A.pdf
09-010071u CC FR 12-17-09 Fact Sheet.pdf
City of Miami Page 11
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.7 09-01007zc
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 "R-3" MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL TO "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL,
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 6886
NORTHWEST 7TH AVENUE A/K/A 755 NORTHWEST 67TH STREET AND
890 NORTHWEST 69TH STREET, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 6886 NW 7th Avenue A/K/A 755 NW 67th Street
and 890 NW 69th Street [Commissioner - District 5]
APPLICANT(S): Iris V. Escarra, Esquire, on behalf of The Village Miami, Ltd
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended approval to City Commission on
November 9, 2009 by a vote of 8-0. See companion File ID 09-010071u.
PURPOSE: This will change the above properties to "R-4" Multifamily
High -Density Residential.
09-01007zc Analysis.pdf
09-01007zc Zoning Map.pdf
09-01007zc Aerial Map.pdf
09-01007zc Application & Supporting Docs.pdf
09-01007zc Survey.pdf
09-01007zc ZB Reso.pdf
09-01007zc Additional Warranty Deed.pdf
09-01007zc CC Legislation (Version 2).pdf
09-010071u & 09-01007zc Exhibit A. pdf
09-01007zc CC FR 12-17-09 Fact Sheet.pdf
City of Miami Page 12
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.8 09-00873zt
ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING
ARTICLE VII, ENTITLED "HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD", AND SPECIFICALLY SECTION 62-189,
ENTITLED "PROCEEDINGS", BY CHANGING THE NUMBER OF VOTES
REQUIRED FOR ALL DECISIONS OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD (WITH THE EXCEPTION OF
DESIGNATION ACTIONS) SO THAT PASSAGE OF A MOTION REQUIRES
A SIMPLE MAJORITY RATHER THAN A CONCURRING VOTE OF FIVE
MEMBERS OF THE BOARD; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: 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 eliminate the requirement of obtaining five affirmative
votes for the passage of certain decisions of the Historic and Environmental
Preservation Board.
09-00873zt HEPB Reso.pdf
09-00873zt CC Legislation (Version 1).pdf
09-00873zt CC FR 12-17-09 Fact Sheet.pdf
City ofMiami
Page 13 Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.9 09-01337zt
ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 4, ARTICLE I, SECTION 4-3 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY, BY ADDING A
NEW SECTION ENTITLED "CITY COMMISSION APPROVAL FOR USE
AND EXTENDED HOURS", RELATED TO ALCOHOLIC BEVERAGE
SALES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR
AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will allow for all bars (including taverns, pubs and lounges
as principal uses), and all nightclubs and supper clubs to be permitted upon
approval by the City Commission, except in Downtown Miami.
09-01337zt CC Legislation (Version 1).pdf
09-01337zt CC FR 12-17-09 Fact Sheet.pdf
City ofMiami
Page 14 Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.10 09-01342zt
ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 62,
ENTITLED "ZONING AND PLANNING" TO CREATE NEW DIVISIONS 1, 2,
AND 3 IN ARTICLE XIII, ENTITLED "ARTICLE XIII ZONING APPROVALS
FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT
REQUIRED" AND RENAMING SAID SECTION TO "APPROVAL FOR
TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED"; TO
ALLOW THE CITY MANAGER TO CREATE A TEMPORARY EVENT
PERMIT PROCESS, A TEMPORARY PERMIT PROCESS, AND AN
INTERIM PARKING PROGRAM TO AUTHORIZE CERTAIN TEMPORARY
USES, INTERIM PARKING USES AND EVENTS, AND SET FORTH
PROVISIONS FOR SAID PERMITS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will create a temporary event permit process, a temporary
permit process, and an interim parking program to authorize certain
temporary uses, interim parking use and events in Chapter 62, Article XIII.
09-01342zt CC Legislation (Version 1).pdf
09-01342zt CC FR 12-17-09 Fact Sheet.pdf
City of Miami Page 15
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.11 09-01344zt
ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 17 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), ENTITLED "ENVIRONMENTAL PRESERVATION" WHICH
ESTABLISHES PROCEDURES FOR THE REMOVAL OF TREES IN THE
CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS;
AND REPEALING ARTICLE 8.1 OF ZONING ORDINANCE 11000, THE
ZONING CODE OF THE CITY OF MIAMI, ENTITLED "TREE PROTECTION"
IN ITS ENTIRETY, AND INCORPORATING ITS PROVISIONS INTO A NEW
ARTICLE I IN CHAPTER 17 OF THE CITY CODE, TO CREATE A NEW
ARTICLE I ENTITLED "TREE PROTECTION IN GENERAL"; ALSO ADDING
AND CLARIFYING CERTAIN SECTIONS IN ARTICLE I; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will amend Chapter 17 to establish procedures for the
removal of trees in environmental preservation districts, repeal Article 8.1 of
Zoning Ordinance 11000 and incorporate those sections into a new article of
Chapter 17 entitled "Environmental Protection."
09-01344zt CC Legislation (Version 1).pdf
09-01344zt CC FR 12-17-09 Fact Sheet.pdf
City ofMiami
Page 16 Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.12 09-01345zt
ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ZONING AND PLANNING," TO CONFORM THE
PROVISIONS RELATED TO THE CREATION OF A PLANNING AND
ZONING APPEALS BOARD TO THE MIAMI 21 ZONING ORDINANCE, BY
AMENDING BY AMENDING ARTICLES I THROUGH IV AND REPEALING
ARTICLE V; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will amend Chapter 62 to create the Planning Zoning and
Appeals Board as established in the Miami 21 Zoning Ordinance.
09-01345zt CC Legislation (Version 1).pdf
09-01345zt CC FR 12-17-09 Fact Sheet.pdf
City of Miami Page 17
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.13 09-01346zt
ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE
VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ZONING AND PLANNING FEES", MORE PARTICULARLY, BY
AMENDING SECTIONS 62-156 THROUGH 62-159, OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, TO CONFORM TERMINOLOGY FOR FEES
WITH THE MIAMI 21 ZONING ORDINANCE; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will amend Article VI of the City Code to conform
terminology for fees with the Miami 21 Zoning Ordinance.
09-01346zt CC Legislation (Version 1).pdf
09-01346zt CC FR 12-17-09 Fact Sheet.pdf
City of Miami Page 18
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.14 09-01347zt
ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO ENFORCE EQUIVALENT PROVISIONS IN ZONING
ORDINANCE NO. 11000 UNDER CORRESPONDING PROVISIONS IN THE
MIAMI 21 CODE, AS INTERPRETED BY THE PLANNING DIRECTOR;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will authorize the City Manager to enforce provisions in the
Miami 21 Ordinance that correspond to similar provisions currently existing
under Zoning Ordinance 11000.
09-01347zt CC Legislation (Version 1).pdf
09-01347zt CC FR 12-17-09 Fact Sheet.pdf
City of Miami Page 19
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.15 09-01406zt
ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ZONING AND PLANNING," TO CONFORM WITH
THE PROCEDURAL PROVISIONS RELATED TO THE MIAMI 21 ZONING
ORDINANCE, BY AMENDING ARTICLES IX THROUGH XII; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will amend Chapter 62 of the City Code to conform with the
procedural provisions related to the Miami 21 Zoning Ordinance.
09-01406zt CC Legislation (Version 1).pdf
09-01406zt CC FR 12-17-09 Fact Sheet.pdf
City of Miami Page 20
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.16 08-00400Iu
ORDINANCE SECOND 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 THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT
APPROXIMATELY 2744 SOUTHWEST 7TH STREET, MIAMI, FLORIDA,
FROM MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 2744 SW 7th Street [Commissioner Francis
Suarez - District 4]
APPLICANT(S): Rodolfo Lleonart, President, on behalf of Rollert
Investments, Inc.
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended approval to City
Commission on May 21, 2008 by a vote of 5-3. See companion File ID
08-00400zc.
PURPOSE: This will change the above property to Restricted Commercial.
08-004001u Analysis.pdf
08-004001u Land Use Map.pdf
08-004001u Aerial Map.pdf
08-004001u School Board Impact Analysis.pdf
08-004001u Application & Supporting Documentation.pdf
08-004001u PAB Reso.pdf
08-004001u & 08-00400zc Exhibit A.pdf
08-004001u CC Legislation (Version 4).pdf
08-004001u CC SR 12-17-09 Fact Sheet.pdf
DATE: JULY 24, 2008
MOVER: COMMISSIONER SARNOFF
SECONDER: COMMISSIONER REGALADO
VOTE: AYES: 3 - COMMISSIONER SARNOFF, REGALADO AND
SPENCE-JONES
ABSENT: 2 - COMMISSIONER GONZALEZ AND
SANCHEZ
ACTION: CONTINUED --PASSED
DATE: SEPTEMBER 25, 2008
ACTION: INDEFINITELY DEFERRED
City of Miami Page 21
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
DATE: JANUARY 29, 2009
MOVER: COMMISSIONER REGALADO
SECONDER: COMMISSIONER GONZALEZ
VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SANCHEZ,
REGALADO AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER SARNOFF
ACTION: PASSED ON FIRST READING WITH MODIFICATIONS-
-PASSED
City ofMiami
Page 22 Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.17 08-00400zc
ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S) AMENDING PAGE NO. 33, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL WITH AN SD-12 BUFFER OVERLAY DISTRICT TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT
APPROXIMATELY 2744 SOUTHWEST 7TH STREET, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 2744 SW 7th Street [Commissioner Francis
Suarez - District 4]
APPLICANT(S): Rodolfo Lleonart, President, on behalf of Rollert
Investments, Inc.
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended denial to City Commission on June 9,
2008 by a vote of 5-0. See companion File ID 08-004001u.
PURPOSE: This will change the above property to C-1 Restricted
Commercial. The applicant will proffer a covenant for this property.
08-00400zc Zoning Map.pdf
08-00400zc Aerial Map.pdf
08-00400zc Application & Supporting Documentation.pdf
08-00400zc ZB Reso.PDF
08-004001u & 08-00400zc Exhibit A.pdf
08-00400zc Analysis - NEW.pdf
08-00400zc CC Legislation (Version 3).pdf
08-00400zc CC SR 12-17-09 Fact Sheet.pdf
DATE: JULY 24, 2008
MOVER: COMMISSIONER SARNOFF
SECONDER: COMMISSIONER REGALADO
VOTE: AYES: 3 - COMMISSIONER SARNOFF, REGALADO AND
SPENCE-JONES
ABSENT: 2 - COMMISSIONER GONZALEZ AND
SANCHEZ
ACTION: CONTINUED --PASSED
DATE: SEPTEMBER 25, 2008
ACTION: INDEFINITELY DEFERRED
City ofMiami Page 23
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
DATE: JANUARY 29, 2009
MOVER: COMMISSIONER REGALADO
SECONDER: COMMISSIONER GONZALEZ
VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SANCHEZ,
REGALADO AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER SARNOFF
ACTION: PASSED ON FIRST READING --PASSED
City ofMiami
Page 24 Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.18 08-01084Iu
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 THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT
APPROXIMATELY TWO UNASSIGNED ADDRESSES, HAVING FOLIO
NUMBERS 01-4103-037-0430 AND 01-4103-037-0431, MIAMI, FLORIDA,
FROM "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately Two Unassigned Addresses, Having Folio
Numbers 01-4103-037-0430 and 01-4103-037-0431 [Commissioner Frank
Carollo - District 3]
APPLICANT(S): Gilberto Pastoriza, Esquire, and Estrellita Sibila, Esquire, on
behalf of The District Board of Trustees of Miami Dade Community College,
Florida
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended approval of the original
request, which included all properties, to City Commission on March 18,
2009, except for the North 25 feet parallel to SW 5th Street, which is to
remain with the "Single -Family Residential" Land Use designation, by a vote
of 7-0. See companion File ID 08-01084zc.
PURPOSE: This will change the above properties to "Major Institutional,
Public Facilities, Transportation and Utilities".
NOTE(S): The City Commission indefinitely deferred the original request,
which included all properties, on June 25, 2009.
08-010841u Analysis.pdf
08-010841u Land Use Map - NEW.pdf
08-010841u Aerial Map - NEW.pdf
08-010841u PAB Reso.pdf
08-010841u Miami -Dade County Public School Concurrency.pdf
08-010841u Letter of Intent - Revised.pdf
08-010841u Letter of Intent - Original Request.pdf
08-010841u Application & Supporting Documentation - NEW.pdf
08-010841u CC Legislation (Version 3).pdf
08-010841u Exhibit A.pdf
08-010841u CC FR 12-17-09 Fact Sheet.pdf
DATE: MAY 28, 2009
City ofMiami Page 25
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
MOVER: CHAIR SANCHEZ
SECONDER: COMMISSIONER GONZALEZ
VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SARNOFF,
SANCHEZ AND REGALADO
ABSENT: 1 - COMMISSIONER SPENCE-JONES
ACTION: CONTINUED --PASSED
DATE: JUNE 25, 2009
ACTION: INDEFINITELY DEFERRED
City ofMiami
Page 26 Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.19 08-01084zc
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, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION OF "PARCEL A" FROM "R-1" SINGLE-FAMILY
RESIDENTIAL TO "R-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-12"
BUFFER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 2508, 2524, 2534, 2538, 2590, 2600, 2610 AND 2620
SOUTHWEST 5TH STREET AND ONE UNASSIGNED ADDRESS, HAVING
FOLIO NUMBER 01-4103-037-0280; AND "PARCEL B" FROM "R-2"
TWO-FAMILY RESIDENTIAL TO "Gil" GOVERNMENT AND
INSTITUTIONAL, FOR TWO UNASSIGNED ADDRESSES, HAVING FOLIO
NUMBERS 01-4103-037-0430 AND 01-4103-037-0431, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: "Parcel A": Approximately 2508, 2524, 2534, 2538, 2590, 2600,
2610 and 2620 SW 5th Street and One Unassigned Address, Having Folio
Number 01-4103-037-0280; and "Parcel B": Two Unassigned Addresses,
Having Folio Numbers 01-4103-037-0430 and 01-4103-037-0431
[Commissioner Frank Carollo - District 3]
APPLICANT(S): Gilberto Pastoriza, Esquire, and Estrellita Sibila, Esquire, on
behalf of The District Board of Trustees of Miami -Dade Community College,
Florida
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
ZONING BOARD: Recommended approval, which failed, constituting a
recommendation of denial, to City Commission on September 21, 2009 by a
vote of 3-5. The board also recommended to the City Commission that the
board will not object to an "SD-12" Overlay for all parcels included on the
application, to achieve the parking needs of Miami -Dade College, by a vote of
5-3. See companion File ID 08-010841u.
PURPOSE: This will change "Parcel A" to "R-1" Single -Family Residential
with an "SD-12" Buffer Overlay District and "Parcel B" to "G/I" Government
and Institutional.
NOTE(S): The Zoning Board recommended denial to City Commission on
April 13, 2009 by a vote of 3-2 of the original request to "G/I" Government
and Institutional for all of the properties. They also recommended to the City
Commission that the board will not object to an "SD-12" Overlay to achieve
the parking needs of the Miami -Dade College, by a vote of 4-1.
City ofMiami
Page 27 Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
08-01084zc CC Analysis - NEW.pdf
08-01084zc Zoning Map - NEW.pdf
08-01084zc Aerial Map - NEW.pdf
08-01084zc Letter of Intent - Revised.pdf
08-01084zc Letter of Intent - Original Request.pdf
08-01084zc Application & Supporting Docs - NEW.pdf
08-01084zc Surveys.pdf
08-01084zc ZB 04-13-09 Resos.pdf
08-01084zc ZB 09-21-09 Resos.pdf
08-01084zc CC Legislation (Version 4).pdf
08-01084zc Exhi bit A.pdf
08-01084zc CC FR 12-17-09 Fact Sheet.pdf
DATE: MAY 28, 2009
MOVER: CHAIR SANCHEZ
SECONDER: COMMISSIONER GONZALEZ
VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SARNOFF,
SANCHEZ AND REGALADO
ABSENT: 1 - COMMISSIONER SPENCE-JONES
ACTION: CONTINUED --PASSED
DATE: JUNE 25, 2009
ACTION: INDEFINITELY DEFERRED
City ofMiami Page 28
Printed on 12/10/2009
City Commission
Meeting Agenda December 17, 2009
PZ.20 09-00800x
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 A SPECIAL EXCEPTION AS LISTED
IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, ARTICLE 9, SECTION 924.11, TO ALLOW
EXTENSIONS OF DOCKS AND PIERS INTO WATERWAYS EXTENDING
MORE THAN 35 FEET IN LENGTH, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3300 SOUTH MOORINGS WAY, MIAMI, FLORIDA,
PURSUANT TO PLANS ON FILE, CONDITIONS SET FORTH, AND
SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS
IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
LOCATION: Approximately 3300 S Moorings Way [Commissioner Marc
David Sarnoff - District 2]
APPELLANT(S): Bruce G. Hermelee, Esquire, on behalf of The Moorings
Property Owners Association, Inc., Lawrence D. Tornek and Gerald Kelfer,
Residents
APPLICANT(S): Richard A. Brunnell, President, on behalf of SkyScrapper,
LLC
FINDING(S):
PLANNING DEPARTMENT: Recommended denial of the appeal and
approval of the original request.
ZONING BOARD: Granted the Special Exception with conditions* on
October 19, 2009 by a vote of 9-0.
*See supporting documentation.
PURPOSE: The approval of this appeal will not allow extensions of docks
and piers with more than 35 feet into waterways.
09-00800x Analysis.pdf
09-00800x Zoning Map.pdf
09-00800x Aerial Map.pdf
09-00800x Application & Supporting Docs.pdf
09-00800x Plans.pdf
09-00800x ZB Reso.pdf
09-00800x Appeal Letter.pdf
09-00800x CC Legislation (Version 3).pdf
09-00800x CC Legislation (Version 4).pdf
09-00800x Exhibit A.pdf
09-00800x CC 12-17-09 Fact Sheet.pdf
END OF PLANNING AND ZONING ITEMS
City ofMiami Page 29
Printed on 12/10/2009