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HomeMy WebLinkAboutCC 2010-11-18 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, November 18, 2010 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn 11, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Agenda November 18, 2010 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 11/8/2010 City Commission Meeting Agenda November 18, 2010 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. * * * * * * * * * * * * * * * * * * * * * * * 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. * * * * * * * * * * * * * * * * * * * * * 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 11/8/2010 City Commission Meeting Agenda November 18, 2010 PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 9:00 am. PZ.1 10-00927sc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A STREET LOCATED ON THE SOUTH SIDE OF SOUTHWEST20TH STREET AT SOUTHWEST 31 ST AVENUE, MIAMI, FLORIDA. LOCATION: Approximately on the South Side of SW 20th Street at SW 31st Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Adalberto Artiles and Joel Artiles, Owners FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval with conditions* on July 1, 2010 by a vote of 6-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on October 6, 2010 by a vote of 6-2. *See supporting documentation. PURPOSE: This will close the abandoned portion of the street and revert to private use. 10-00927sc Planning Analysis. pdf 10-00927sc Miami 21 Map. pdf 10-00927sc Aerial Map. pdf 10-00927sc Public WorksAnalysis.pdf 10-00927sc Plat & Street Letter. pdf 10-00927sc Application & Supporting Docs. pdf 10-00927sc Survey & Tentative Plat. pdf 10-00927sc PZAB Reso.pdf 10-00927sc CC Legislation (Version 2).pdf 10-00927sc Exhi bit A. pdf 10-00927sc CC 11-18-10 Fact Sheet. pdf City of Miami Page 4 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.2 10-01243 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS A DEVELOPMENT FOR THE MIAMI-DADE COUNTY GENERAL SERVICES ADMINISTRATION WEST LOT MULTI -USE FACILITY, TO BE LOCATED AT APPROXIMATELY 220 NORTHWEST 3RD STREET, MIAMI, FLORIDA, WITHIN THE PREVIOUSLY -APPROVED DOWNTOWN GOVERNMENT CENTER, DEVELOPMENT OF REGIONAL IMPACT, UNDER ZONING ORDINANCE NO. 6871, AS AMENDED; AND DIRECTING TRANSMITTALS TO AFFECTED AGENCIES. LOCATION: Approximately 220 NW 3rd Street [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): George M. Burgess, County Manager, on behalf of Miami -Dade County FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on November 17, 2010. *See supporting documentation. PURPOSE: This is the final project of the Downtown Government Center DRI to provide 266,016 square feet of parking; 9,088 square feet of retail space; and 44,346 square feet of Office space. 10-01243 UDRB Reso.pdf 10-01243 Internal Design Review Comments.pdf 10-01243 Miami 21 Map.pdf 10-01243Aerial Map.pdf 10-01243 Plans.pdf 10-01243 CC Legislation (Version 2).pdf 10-01243 CC 11-18-10 Fact Sheet.pdf City of Miami Page 5 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.3 10-00296Iu 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 350 NORTHEAST 56TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 350 NE 56th Street [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Howard and Marlene Schimmel, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on April 7, 2010 by a vote of 6-2. See companion File ID 10-00296zc. PURPOSE: This will change the above property to "General Commercial." 10-002961u Analysis.pdf 10-002961u Land Use Map.pdf 10-002961u Aerial Map.pdf 10-002961u PAB Reso.pdf 10-002961u School Board Concurrency.pdf 10-00296lu Application & Supporting Documents.pdf 10-002961u & 10-00296zc ExhibitA.pdf 10-002961u CC Legislation (Version 2).pdf 10-002961u CC SR 11-18-10 Fact Sheet.pdf DATE: JULY 22, 2010 MOVER: COMMISSIONER GORT SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: INDEFINITELY DEFERRED --PASSED City of Miami Page 6 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 DATE: OCTOBER 28, 2010 MOVER: COMMISSIONER DUNN II SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND DUNN II ABSENT: 1 - COMMISSIONER(S) SUAREZ ACTION: PASSED ON FIRST READING --PASSED City ofMiami Page 7 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.4 10-00296zc ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ZONING ORDINANCE NO. 13114 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL (IN ORDINANCE NO. 11000, AS AMENDED) TO T-5L, FOR THE PROPERTY LOCATED AT APPROXIMATELY 350 NORTHEAST 56TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 350 NE 56th Street [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Howard and Marlene Schimmel, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on May 10, 2010 by a vote of 5-0. See companion File ID 10-002961u. PURPOSE: This will change the above property to "T-5L". The applicant will proffer a covenant for this property. 10-00296zc Analysis. pdf 10-00296zc Zoning Map. pdf 10-00296zc Miami 21.pdf 10-00296zc Aerial Map. pdf 10-00296zc Letter of Intent.pdf 10-00296zc Application & Supporting Documents. pdf 10-00296zc Survey.pdf 10-00296zc ZB Reso. pdf 10-00296zc CC Legislation (Version 2).pdf 10-002961u & 10-00296zc ExhibitA.pdf 10-00296zc CC SR 11-18-10 Fact Sheet. pdf DATE: JULY 22, 2010 MOVER: COMMISSIONER GORT SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: INDEFINITELY DEFERRED --PASSED City of Miami Page 8 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 DATE: OCTOBER 28, 2010 MOVER: COMMISSIONER DUNN II SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND DUNN II ABSENT: 1 - COMMISSIONER(S) SUAREZ ACTION: PASSED ON FIRST READING --PASSED City ofMiami Page 9 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.5 10-00845zt ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVALS FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", TO CREATE A NEW DIVISION, 7, ENTITLED "INTERIM FENCING FOR VACANT OR UNIMPROVED LOTS", TO CREATE A PROCESS TO ALLOW INTERIM FENCING FOR VACANT OR UNIMPROVED LOTS TO SECURE PRIVATE PROPERTY AND SET FORTH PROVISIONS FOR SAID PERMITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will create a temporary permit process to allow securing of vacant or unimproved lots when no construction activity is taking place or no certificate of use is active for such properties. 10-00845zt CC Legislation (Version 3).pdf 10-00845zt CC SR 11-18-10 Fact Sheet.pdf DATE: JULY 22, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: COMMISSIONER DUNN II VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, SUAREZ AND DUNN II ABSENT: 1 - COMMISSIONER(S) CAROLLO ACTION: PASSED ON FIRST READING WITH MODIFICATIONS --PASSED DATE: SEPTEMBER 23, 2010 MOVER: COMMISSIONER DUNN II SECONDER: COMMISSIONER GORT VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND DUNN II ABSENT: 1 - COMMISSIONER(S) SUAREZ ACTION: CONTINUED --PASSED DATE: OCTOBER 28, 2010 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER DUNN II VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND DUNN II ABSENT: 1 - COMMISSIONER(S) SUAREZ ACTION: CONTINUED --PASSED City ofMiami Page 10 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.6 10-00956zt ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MAKING MINOR AND NON -SUBSTANTIAL CHANGES, CORRECTING CROSS REFERENCES TO OTHER PARTS OF THE CODE OR FLORIDA STATUTES; CLARIFYING AND CORRECTING LANGUAGE AS TO USES, DEFINITIONS, AND TERMS; ADDING AND CLARIFYING DEFINITIONS FOR ADULT ENTERTAINMENT; CLARIFYING SETBACKS, WITH REGARD TO THE FOLLOWING ARTICLES: ARTICLE 1. "DEFINITIONS", ARTICLE 2. "GENERAL PROVISIONS", ARTICLE 3. "GENERAL TO ZONES", ARTICLE 4. "STANDARDS AND TABLES", ARTICLE 5. "SPECIFIC TO ZONES", ARTICLE 6. "SUPPLEMENTAL REGULATIONS", ARTICLE 7. "PROCEDURES AND NONCONFORMITIES", ARTICLE 8. "THOROUGHFARES", ARTICLE 9. "LANDSCAPE REQUIREMENTS", APPENDIX A. "NEIGHBORHOOD CONSERVATION DISTRICTS", APPENDIX B. "WATERFRONT DESIGN GUIDELINES", AND APPENDIX C. "MIDTOWN OVERLAY DISTRICT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications* to City Commission on September 1, 2010 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow minor and non -substantial changes to the Miami 21 Code to clarify intent and uses, add definitions, and correct cross references and language. 10-00956zt PZAB Reso.pdf 10-00956zt CC ExhibitA.pdf 10-00956zt Exhibit B.pdf 10-00956zt Exhibit C.pdf 10-00956zt Exhibit D.pdf 10-00956zt CC Exhibit E.pdf 10-00956zt Exhibit F.pdf 10-00956zt Exhibit G.pdf 10-00956zt Notice of 584-Page Document.pdf 10-00956zt Adult Entertainment Exhibit.pdf 10-00956zt CC Synopsis of Resolutions - NEW.pdf 10-00956zt CC Legislation (Version 5).pdf 10-00956zt CC SR 11-18-10 Fact Sheet.pdf DATE: OCTOBER 28, 2010 City of Miami Page 11 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER GORT VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND DUNN II ABSENT: 1 - COMMISSIONER(S) SUAREZ ACTION: PASSED ON FIRST READING WITH MODIFICATIONS --PASSED City ofMiami Page 12 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.7 10-00963zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 4. "STANDARDS AND TABLES", ARTICLE 5. "SPECIFIC TO ZONES", ARTICLE 6. "SUPPLEMENTAL REGULATIONS", AND ARTICLE 7. "PROCEDURES AND NONCONFORMITIES", TO ESTABLISH EQUIVALENT REGULATIONS AND REQUIREMENTS FROM FORMER ZONING ORDINANCE 11000, AND PLACE THEM IN THE MIAMI 21 CODE; MORE SPECIFICALLY: 1) BY MODIFYING TABLE 4 DENSITY, INTENSITY AND PARKING, ESTABLISHING ADDITIONAL PARKING REGULATIONS FOR CHILDCARE IN T4, T5, T6, CIVIC INSTITUTION, CIVIC SPACE, AND D1 ZONES AND MODIFYING REQUIREMENTS FOR PUBLIC AND COMMERCIAL STORAGE FACILITIES IN T5, T6, AND DISTRICT(D) ZONES; 2) BY AMENDING TABLE 5. BUILDING FUNCTION: PARKING AND LOADING, ADDING CONDITIONS FOR LOADING BERTH SUBSTITUTION; 3) BY AMENDING SECTION 5.3.1 BUILDING DISPOSITION (T3), SECTION 5.3.2 BUILDING CONFIGURATION (T3), SECTION 5.4.1 BUILDING DISPOSITION (T4) AND SECTION 5.4.2 BUILDING CONFIGURATION (T4), ESTABLISHING CONDITIONS AND REQUIREMENTS FOR ACCESSORY STRUCTURES, PERMANENT POOLS AND WHIRLPOOLS, TENNIS COURTS, AND SIMILAR FACILITIES, MECHANICAL EQUIPMENT, AND OTHER SIMILAR EQUIPMENT IN T3 AND T4 ZONES; 4) BY AMENDING SECTION 6.1 INTENT AND EXCLUSIONS, CLARIFYING HOW TO MEASURE DISTANCE SEPARATION REQUIREMENTS; 5) BY MODIFYING TABLE 13 SUPPLEMENTAL REGULATIONS, TO ESTABLISH CONDITIONS TO MEET THE STATE OF FLORIDA REQUIREMENTS FOR CHILDCARE FACILITIES IN T4, T5, T6, CIVIC, AND D1 ZONES; AND MODIFYING REQUIREMENTS FOR PUBLIC AND COMMERCIAL STORAGE FACILITIES TO REQUIRE A WARRANT AND DISTANCE SEPARATION REQUIREMENTS FOR T5 AND T6 ZONES; AND BY ADDING DISTANCE SEPARATION REQUIREMENTS FOR ASSISTED LIVING FACILITIES IN THE CIVIC INSTITUTION ZONE; AND 6) BY MODIFYING SECTION 7.1.2.5 WAIVER, INCORPORATING SAID REQUIREMENTS FOR ACCESSORY STRUCTURES, MECHANICAL EQUIPMENT, AND LOADING BERTH SUBSTITUTION INTO THE WAIVERS LIST; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications* to City Commission on September 1, 2010 by a vote of 6-1. *See supporting documentation. City ofMiami Page 13 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PURPOSE: This will establish equivalent regulations and requirements from former Zoning Ordinance No. 11000 and place them in the Miami 21 Code, more specifically to 1. Establish conditions and requirements for sheds, permanent pools and whirlpools, tennis courts, and similar facilities accessory to principal use, air conditioning equipment, and other similar noise producing equipment in T3 and T4 zones, and incorporating said facilities and/or equipment to the Waiver list; 2. Add conditions for loading berth substitution; 3. Establish conditions to meet the State of Florida requirements for Childcare Facilities in T4, T5, T6, C, and D1 zones; 4. Modify requirements for public and commercial storage facilities in T5, T6, and District Zones; 5. Add distance separation requirements for Assisted Living facilities in the Civic institution (CI) Zone; and 6. Clarify how to measure distance separation requirements for uses and structures. 10-00963zt 10-00963zt 10-00963zt 10-00963zt 10-00963zt 10-00963zt 10-00963zt 10-00963zt 10-00963zt DATE: MOVER: SECONDER: VOTE: ACTION: PZAB Reso.pdf Exhibit A. pdf Exhibit B.pdf Exhibit C. pdf Exhibit D.pdf CC Exhibit E.pdf CC Synopsis of Resolutions - NEW. pdf CC Legislation (Version 4).pdf CC FR 11-18-10 Fact Sheet.pdf OCTOBER 28, 2010 VICE CHAIRMAN CAROLLO COMMISSIONER DUNN II AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND DUNN II ABSENT: 1 - COMMISSIONER(S) SUAREZ CONTINUED --PASSED City ofMiami Page 14 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.8 10-00964zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1. DEFINITIONS BY ADDING A DEFINITION FOR SCHOOLS; AMENDING ARTICLE 4. STANDARDS AND TABLES, BY MODIFYING TABLE 4 DENSITY, INTENSITY AND PARKING TO ESTABLISH PARKING RATIOS FOR EDUCATIONAL FACILITIES CONSISTENT WITH MIAMI DADE COUNTY PUBLIC SCHOOLS IN ALL TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 1, 2010 by a vote of 7-0. PURPOSE: This will make parking ratios for Educational Facilities (Schools) in all Transect Zones consistent with the Florida Building Code and Miami -Dade County Public School requirements. 10-00964zt PZAB Reso.pdf 10-00964zt CC Legislation (Version 2).pdf 10-00964zt Exhibit A. pdf 10-00964zt CC FR 11-18-10 Fact Sheet.pdf DATE: OCTOBER 28, 2010 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER DUNN II VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND DUNN II ABSENT: 1 - COMMISSIONER(S) SUAREZ ACTION: CONTINUED --PASSED City of Miami Page 15 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.9 10-00968zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5. SPECIFIC TO ZONES, BY MODIFYING SECTION 5.5.1 BUILDING DISPOSITION (T5), AND SECTION 5.6.1 BUILDING DISPOSITION (T6), BYALLOWING DOOR SPACING REQUIREMENTS TO BE MODIFIED BY WAIVER AND BY REMOVING PUBLIC EASEMENT REQUIREMENTS FOR CROSS BLOCK PASSAGES; AND BY MODIFYING SECTION 7.1.2.5 WAIVER, INCORPORATING SAID REQUIREMENTS FOR DOOR SPACING INTO THE WAIVERS LIST; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 1, 2010 by a vote of 7-0. PURPOSE: This will allow door -spacing requirements to be modified by process of Waiver and will remove public easement requirements when providing cross -block passages in T5 and T6 Transect Zones. 10-00968zt PZAB Reso.pdf 10-00968zt CC Legislation (Version 2).pdf 10-00968zt CC FR 11-18-10 Fact Sheet.pdf DATE: OCTOBER 28, 2010 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER DUNN II VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND DUNN II ABSENT: 1 - COMMISSIONER(S) SUAREZ ACTION: CONTINUED --PASSED City of Miami Page 16 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.10 10-00969zt ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1. DEFINITIONS, TO CHANGE THE TERM LARGE SCALE RETAIL TO LARGE SCALE COMMERCIAL AND ARTICLE 6. SECTION 6.3.1, LARGE SCALE RETAIL, TO CLARIFY PROCEDURES AND MODIFY REQUIREMENTS FOR LARGE SCALE COMMERCIAL ESTABLISHMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide FIRST READING APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 1, 2010 by a vote of 9-0. PURPOSE: This will clarify the required process for large-scale commercial establishments and remove the maximum size limitation. 10-00969zt 10-00969zt 10-00969zt 10-00969zt DATE: MOVER: SECONDER: VOTE: ACTION: PZAB Reso.pdf CC Legislation (Version 2).pdf Exhibit A. pdf CC FR 11-18-10 Fact Sheet.pdf OCTOBER 28, 2010 VICE CHAIRMAN CAROLLO COMMISSIONER DUNN II AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND DUNN II ABSENT: 1 - COMMISSIONER(S) SUAREZ CONTINUED --PASSED City of Miami Page 17 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.11 10-00970zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5. SPECIFIC TO ZONES, MORE SPECIFICALLY BY MODIFYING SECTION 5.4 GENERAL URBAN TRANSECT ZONES (T4), SECTION 5.5 URBAN CENTER TRANSECT ZONES (T5) AND SECTION 5.6 URBAN CORE TRANSECT ZONES (T6) TO CLARIFY RULES FOR EXTENSIONS ABOVE MAXIMUM HEIGHT TO BE CONSISTENT WITH ARTICLE 3. GENERAL TO ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 15, 2010 by a vote of 7-0. PURPOSE: This will establish limits and procedures for extensions above maximum height for stairs, elevators, mechanical equipment enclosures and ornamental features to be consistent with Article 3, Section 3.5 "Measurement of Height". 10-00970zt PZAB Reso.pdf 10-00970zt CC Legislation (Version 2).pdf 10-00970zt CC FR 11-18-10 Fact Sheet.pdf DATE: MOVER: SECONDER: VOTE: ACTION: OCTOBER 28, 2010 VICE CHAIRMAN CAROLLO COMMISSIONER DUNN II AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND DUNN II ABSENT: 1 - COMMISSIONER(S) SUAREZ CONTINUED --PASSED City of Miami Page 18 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.12 10-00971 zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 6. SUPPLEMENTAL REGULATIONS, BY MODIFYING SECTION 6.5.1.5 GENERAL REQUIREMENTS, ADDING REQUIREMENTS AND LIMITATIONS FOR FREESTANDING SIGNS AND PAINTED WALL SIGNS; SECTION 6.5.2.5 ESTABLISHING SIGN REGULATIONS FOR TRANSECT ZONES CI -HD AND D3; AND SECTION 6.5.3 BY REQUIRING A WARRANT FOR SIGNS OVER FIFTY (50) FEET ABOVE GRADE, CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 15, 2010 by a vote of 7-0. PURPOSE: This will add requirements and limitations for freestanding signs, painted signs, establish regulations for signs in the CI -HD and D3 Transect Zones, and require a Warrant for signs over fifty feet above grade. 10-00971zt Reso.pdf 10-00971zt CC Legislation (Version 2).pdf 10-00971zt CC FR 11-18-10 Fact Sheet.pdf DATE: OCTOBER 28, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II ACTION: CONTINUED --PASSED City of Miami Page 19 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.13 10-01242zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ENVIRONMENTAL PRESERVATION" BY CLARIFYING PROCEDURES FOR THE TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on November 17, 2010. PURPOSE: This will clarify certain Sections and Definitions of Chapter 17, "Environmental Preservation". 10-01242zt CC Legislation (Version 2).pdf 10-01242zt CC FR 11-18-10 Fact Sheet.pdf City of Miami Page 20 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.14 09-01464za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBER 16, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR OUTDOOR ADVERTISING SIGNS, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. APPELLANT(S): Bob de la Fuente, 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 March 22, 2010 by a vote of 6-1. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. 09-01464za ZB Appeal Letter & Supporting Documents.pdf 09-01464za ZB Reso Including Notary Page.pdf 09-01464za ZB Backup - Zoning Administrator Appeal Letter & Supporting Documents.pdf 09-01464za CC Fully -Executed Legislation (Version 3).pdf 09-01464za CC Fully -Executed Legislation (Version 4).pdf 09-01464za Memorandum from Barnaby L. Min.pdf 09-01464za CC 11-18-10 Fact Sheet.pdf DATE: MAY 27, 2010 MOVER: COMMISSIONER SUAREZ SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: CONTINUED --PASSED DATE: JUNE 24, 2010 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER GORT VOTE: AYES: 4 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF AND SUAREZ ABSENT: 1 - COMMISSIONER(S) DUNN II ACTION: CONTINUED --PASSED DATE: JULY 22, 2010 MOVER: COMMISSIONER GORT SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 5 - COMMISSIONER(S) CAROLLO, GORT, SARNOFF, SUAREZ AND DUNN II ACTION: CONTINUED --PASSED City of Miami Page 21 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 DATE: SEPTEMBER 23, 2010 MOVER: COMMISSIONER DUNN II SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II ACTION: CONTINUED --PASSED DATE: OCTOBER 28, 2010 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER DUNN II VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND DUNN II ABSENT: 1 - COMMISSIONER(S) SUAREZ ACTION: CONTINUED --PASSED City ofMiami Page 22 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.15 06-00840x1 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES OF "R-1" SINGLE-FAMILY RESIDENTIAL, TO ALLOWA CHILD DAY CARE CENTER OF MORE THAN TWENTY (20) CHILDREN, ACCORDING TO ZONING ORDINANCE SECTION 936 AND SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1800 AND 1806 SOUTHWEST 2ND COURT, MIAMI, FLORIDA. LOCATION: Approximately 1800 & 1806 SW 2nd Court [Commissioner Frank Carollo - District 3] APPELLANT(S)/APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Natalia Montano & Roberto Salazar and Alejandro & Ellen Bonet FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the original request. PLANNING, ZONING AND APPEALS BOARD: Denied the Special Exception on June 30, 2010 by a vote of 8-0. PURPOSE: The approval of this appeal will allow an increase in the number of children of an existing daycare center by 30 for a total of 60 children. 06-00840x1 Analysis.pdf 06-00840x1 Zoning Map.pdf 06-00840x1 Miami 21 Map.pdf 06-00840x1 Aerial Map.pdf 06-00840x1 Letter of Intent.pdf 06-00840x1 Application & Supporting Docs.pdf 06-00840x1 Plans.pdf 06-00840x1 PZAB Reso.pdf 06-00840x1 PZAB Appeal Letter.pdf 06-00840x1 CC Legislation (Version 3).pdf 06-00840x1 CC Legislation (Version 4).pdf 06-00840x1 Exhibit A. pdf 06-00840x1 CC 11-18-10 Fact Sheet.pdf DATE: SEPTEMBER 23, 2010 MOVER: COMMISSIONER DUNN II SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II ACTION: CONTINUED --PASSED City ofMiami Page 23 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 DATE: OCTOBER 28, 2010 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER SUAREZ VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II ACTION: CONTINUED --PASSED City ofMiami Page 24 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.16 10-00850v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING OR GRANTING A VARIANCE AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 8, SECTION 803.3.2, TO ALLOW A REDUCTION OF THE REQUIRED SIDE FIRST -FLOOR SETBACKS FOR AN "R-1" SINGLE-FAMILY RESIDENTIAL DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, AS FOLLOWS: TO ALLOW A SIDE FIRST -FLOOR SETBACK OF 11'5" (25'0" REQUIRED TOTAL SIDE IN NORTH AND SOUTH), EXISTING IN NORTH 6'1", PROPOSED IN SOUTH 5'4", REQUEST TO WAIVE 13'7", FOR THE PROPERTY LOCATED AT APPROXIMATELY 1796 SOUTH BAYSHORE LANE, MIAMI, FLORIDA. LOCATION: Approximately 1796 South Bayshore Lane [Commissioner Marc David Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): Rick Rosen, Owner FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the original request. PLANNING, ZONING AND APPEALS BOARD: Denied the Variance on September 15, 2010 by a vote of 7-2. PURPOSE: The approval of this appeal will allow fewer setbacks on the first floor of an existing single-family residence. 10-00850v Analysis. pdf 10-00850v Zoning Map.pdf 10-00850v Miami 21 Map.pdf 10-00850v Aerial Map. pdf 10-00850v Application & Supporting Documentation. pdf 10-00850v Plans. pdf 10-00850v PZAB Reso.pdf 10-00850v PZAB Appeal Letter. pdf 10-00850v CC Legislation (Version 3).pdf 10-00850v CC Legislation (Version 4).pdf 10-00850v Exhibit A. pdf 10-00850v CC 11-18-10 Fact Sheet.pdf City ofMiami Page 25 Printed on 11/8/2010 City Commission Meeting Agenda November 18, 2010 PZ.17 09-01198ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL FILED BY BACARDI IMPORTS, INC. ("APPELLANT"), AND AFFIRMING OR REVERSING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH GRANTED WITH CONDITIONS THE HISTORIC DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2100 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS A HISTORIC RESOURCE. LOCATION: Approximately 2100 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Stanley B. Price, Esquire, on behalf of Bacardi Imports, Inc. FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board decision. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Granted with conditions* the designation on October 6, 2009 by a vote of 8-0. *See supporting documentation. PURPOSE: The approval of this appeal will exclude the property above as a historic resource depicted on the applicable page of the Historic and Environmental Preservation Atlas of the City of Miami. 09-01198haAerial Map.pdf 09-01198ha Appeal Letter & Supporting Documentation.pdf 09-01198ha Bacardi Buildings Final Designation Report.pdf 09-01198ha CC Legislation (Version 2).pdf 09-01198ha CC Legislation (Version 3).pdf 09-01198ha CC 11-18-10 Fact Sheet.pdf END OF PLANNING AND ZONING ITEMS City of Miami Page 26 Printed on 11/8/2010