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HomeMy WebLinkAboutCC 2010-11-18 Marked AgendaCity of Miami Marked Agenda 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 II, Commissioner District Five Carlos A. Migoya, 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, November 18, 2010 9:00 AM City Hall Commission Chambers 9:00 A.M. Present: Commissioner Gort, Chairman Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 18th day of November 2010, 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 Sarnoff at 6:14 p.m., and adjourned at 7:02 p.m. Note for the record: Commissioner Dunn entered the chambers at 6:23 p.m., and Vice Chair Carollo entered the chambers at 6:39 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Priscilla A. Thompson, City Clerk Pamela L. Latimore, Assistant City Clerk ORDER OF THE DAY Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City of Miami Page 1 Printed on 11/23,2010 City Commission Marked Agenda November 18, 2010 PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 9:00 am. PZ.1 RESOLUTION 10-00927sc 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 Works Analysis. 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 10-00927sc-Submittal-Michael Gil. pdf 10-00927sc-Submittal-Map. pdf R-10-0533 MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Suarez and Dunn II City ofMiami Page 2 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 ABSENT: Commissioner(s) Sarnoff and Carollo PZ.2 RESOLUTION 10-01243 PZ.3 10-00296Iu 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 PZAB Legislation.pdf 10-01243 Fact Sheet PZAB 11-17-10.pdf R-10-0534 MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff and Carollo 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 City ofMiami Page 3 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 PZ.4 10-00296zc 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 13233 MOVED: SECONDED: Richard Dunn II Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff 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. City ofMiami Page 4 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 PZ.5 10-00845zt 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 13234 MOVED: SECONDED: Richard Dunn II Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff 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. City ofMiami Page 5 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 PZ.6 10-00956zt 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 NO ACTION TAKEN Note for the record: Discussion took place on PZ.5. 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. City ofMiami Page 6 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 PZ.7 10-00963zt 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 13235 MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez 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 City ofMiami Page 7 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 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; CONTAININGASEVERABILITY 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. 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 PZAB Reso.pdf 10-00963zt Exhibit A. pdf 10-00963zt Exhibit B.pdf 10-00963zt Exhibit C. pdf 10-00963zt Exhibit D.pdf 10-00963zt CC Exhibit E.pdf 10-00963zt CC Synopsis of Resolutions - NEW. pdf 10-00963zt CC Legislation (Version 4).pdf 10-00963zt CC FR 11-18-10 Fact Sheet.pdf MOVED: Wifredo (Willy) Gort SECONDED: Richard Dunn II Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez City ofMiami Page 8 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 PZ.8 ORDINANCE First Reading 10-00964zt PZ.9 10-00968zt 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 MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez 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. City ofMiami Page 9 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 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 MOVED: Wifredo (Willy) Gort SECONDED: Richard Dunn II Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez PZ.10 ORDINANCE First Reading 10-00969zt 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 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. City ofMiami Page 10 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 PZ.11 10-00970zt 10-00969zt PZAB Reso.pdf 10-00969zt CC Legislation (Version 2).pdf 10-00969zt Exhibit A - NEW. pdf 10-00969zt CC FR 11-18-10 Fact Sheet.pdf MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez 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 MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez PZ.12 ORDINANCE First Reading 10-00971zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City ofMiami Page 11 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 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. 10-00971 zt Reso.pdf 10-00971zt CC Legislation (Version 2).pdf 10-00971zt CC FR 11-18-10 Fact Sheet.pdf MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo and Dunn II ABSENT: Commissioner(s) Sarnoff and Suarez PZ.13 ORDINANCE First Reading 10-01242zt 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. City ofMiami Page 12 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 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 PZAB Legislation.pdf 10-01242zt Fact Sheet PZAB 11-17-10.pdf MOVED: Wifredo (Willy) Gort SECONDED: Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo ABSENT: Commissioner(s) Suarez and Dunn II Note for the record: Item PZ.13 was deferred to the Commission Meeting scheduled for January 27, 2011. PZ.14 RESOLUTION 09-01464za 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. City ofMiami Page 13 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 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 MOVED: Wifredo (Willy) Gort SECONDED: Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo ABSENT: Commissioner(s) Suarez and Dunn II Note for the record: Item PZ.14 was deferred to the Commission Meeting scheduled for January 27, 2011. PZ.15 RESOLUTION 06-00840x1 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. City ofMiami Page 14 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 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 ExhibitA.pdf 06-00840x1 CC 11-18-10 Fact Sheet.pdf MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Dunn II Note for the record: Item PZ.15 was deferred to the Commission Meeting scheduled for Januuary 27, 2011. PZ.16 RESOLUTION 10-00850v 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. City ofMiami Page 15 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 10-00850v Analysis. pdf 10-00850v Zoning Map.pdf 10-00850v Miami 21 Map.pdf 10-00850v Aerial Map. pdf 10-00850vApplication & 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 MOVED: Frank Carollo SECONDED: Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Dunn II Note for the record: Item PZ.16 was deferred to the Commission Meeting scheduled for January 27, 2011. PZ.17 RESOLUTION 09-01198ha 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. City ofMiami Page 16 Printed on 11/23/2010 City Commission Marked Agenda November 18, 2010 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 MOVED: Wifredo (Willy) Gort SECONDED: Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo ABSENT: Commissioner(s) Suarez and Dunn II Note for the record: Item PZ.17 was deferred to the Commission Meeting scheduled for March 24, 2011. END OF PLANNING AND ZONING ITEMS ADJOURNMENT A motion was made by Commissioner Gort, seconded by Commissioner Dunn, and was passed unanimously, with Chair Sarnoff and Commissioner Suarez absent, to adjourn today's meeting. City ofMiami Page 17 Printed on 11/23/2010