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HomeMy WebLinkAboutCC 2009-12-17 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 17, 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 17th 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 7:39 p.m and adjourned at 8:44 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk 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 71ST 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 Cliff' 0,011611171 Page 1 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 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 2 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 PZ.2 06-01242mm 1 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 R-09-0588 MOVED: SECONDED: UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Frank Carollo Francis Suarez Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez 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 City ofMiami Page 3 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 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 4 Printed on 12/18/2009 City Commission Marked 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 R-09-0589 MOVED: SECONDED: UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Frank Carollo Francis Suarez Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez 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. City ofMiami Page 5 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 PZ.4 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 13122 MOVED: SECONDED: UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Frank Carollo Francis Suarez Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez 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. City ofMiami Page 6 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 PZ.5 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 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez 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 City ofMiami Page 7 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 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 MOVED: Francis Suarez SECONDED: UNANIMOUS Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez 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 City ofMiami Page 8 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 PZ.7 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 09-010071u-Submittal-Carol Garvin.pdf 09-010071u-Submittal-PowerPoint Presentation -Sean -Paul Melito.pdf 09-010071u-Submittal-Commissioner Sarnoff.pdf 09-010071u-Submittal-Ron Book.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez 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. City ofMiami Page 9 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 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 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez 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. City ofMiami Page 10 Printed on 12/18/2009 City Commission Marked Agenda December 17, 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 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 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez 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 MOVED: SECONDED: Frank Carollo Francis Suarez City of Miami Page 11 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 UNANIMOUS Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez Note for the Record: PZ.9 - PZ.15 were deferred to the City Commission meeting currently scheduled for March 25, 2010. 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 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez Note for the Record: PZ.9 - PZ.15 were deferred to the City Commission meeting currently scheduled for March 25, 2010. 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 ofMiami Page 12 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 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 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez Note for the Record: PZ.9 - PZ.15 were deferred to the City Commission meeting currently scheduled for March 25, 2010. 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. City ofMiami Page 13 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 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 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez Note for the Record: PZ.9 - PZ.15 were deferred to the City Commission meeting currently scheduled for March 25, 2010. 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 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez City ofMiami Page 14 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 Note for the Record: PZ.9 - PZ.15 were deferred to the City Commission meeting currently scheduled for March 25, 2010. 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 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez Note for the Record: PZ.9 - PZ.15 were deferred to the City Commission meeting currently scheduled for March 25, 2010. 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. City ofMiami Page 15 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 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 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez Note for the Record: PZ.9 - PZ.15 were deferred to the City Commission meeting currently scheduled for March 25, 2010. 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. City ofMiami Page 16 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 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 MOVED: Frank Carollo SECONDED: UNANIMOUS Francis Suarez Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez 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 City ofMiami Page 17 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez 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. City ofMiami Page 18 Printed on 12/18/2009 City Commission Marked Agenda December 17, 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 MOVED: Frank Carollo SECONDED: UNANIMOUS Francis Suarez Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez 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 "G/I" 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. City ofMiami Page 19 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 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. 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 MOVED: Frank Carollo SECONDED: UNANIMOUS Francis Suarez Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez PZ.20 09-00800x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH City ofMiami Page 20 Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 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 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Commissioner(s) Carollo, Commissioner(s) Sarnoff and Suarez END OF PLANNING AND ZONING ITEMS City ofMiami Page 2] Printed on 12/18/2009 City Commission Marked Agenda December 17, 2009 A motion was made by Commissioner Suarez, seconded by Vice Chair Carollo, and was passed unanimously, to adjourn today's Planning & Zoning meeting. City ofMiami Page 22 Printed on 12/18/2009