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HomeMy WebLinkAboutCC 2010-11-18 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes 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 Minutes November 18, 2010 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 ofMiami, 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...J'fefers to discussions that were interrupted and later continued. Chair Sarnofff. We're going to try and do this as quickly as we can. PZ.1. Priscilla A. Thompson (City Clerk): First -- excuse me, Chair. Chair Sarnofff. What? Ms. Thompson: We need to go -- Chair Sarnofff. Oh, we have to swear everybody in? Ms. Thompson: -- through your PZ (Planning & Zoning) order of the day and then we need to swear individuals in who will be testifying. Chair Sarnofff. All right. PZ -- you want to talk about what we have moved? Is that --? Ms. Thompson: No, no, no, no. Victoria Mendez (Assistant City Attorney): No. We -- Ms. Thompson: The CityAttorney's -- Ms. Mendez: -- I need -- Ms. Thompson: -- going to give your instructions -- Chair Sarnofff. Oh. Ms. Thompson: -- and then we'll go ahead and swear individuals in because we're -- Chair Sarnofff. Sorry. Ms. Thompson: -- now on a completely different agenda. Chair Sarnofff. You know, I don't ever notice this most of the time during the day. I don't know City ofMiami Page 2 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 PZ.1 10-00927sc why that is. Madam City Attorney. Ms. Mendez: Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Any person requesting action from the City Commission must disclose at the commencement or continuance of the hearing on the issue any consideration provided or committed for an agreement to support or withhold objection to the requested action. Section 2-8 of the City Code defines the term "consideration. " PZ items shall proceed as follows. Before the PZ agenda is heard, all those wishing to speak will be sworn by the City Clerk. Staff will briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land use change, or MUSP (Major Use Special Permit) and make its recommendation. The appellant or petitioner will then request -- present the request. The appellee will present its position. Members of the public will be permitted to speak on certain petitions. Petitioner may ask questions of staff. Appellant or petitioner will be permitted to make final comments. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Thank you. Chair Sarnoff Thank you. Gentlemen, if you'd indulge me -- 'cause I know I won't make it through this agenda -- can we go to PZ.5 'cause I do want to be heard on that? Commissioner Suarez: No objection. Vice Chair Carollo: Swearing in. Ms. Thompson: IfI might swear in first? Chair Sarnoff I'm looking trying to read -- Ms. Thompson: Chair. Chair Sarnoff Yes. Go ahead and swear them in. Ms. Thompson: IfI can just swear in your -- Chair Sarnoff Go ahead. Ms. Thompson: -- individuals first and then you can move on to your item. Chair Sarnoff Okay. Go ahead. Ms. Thompson: Ladies and gentlemen, if you are going to be testing on any P&Z item that's on the agenda, I will need you to please stand and raise your right hand so you can take the oath. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. PLANNING AND ZONING ITEMS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 3 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 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 31ST AVENUE, MIAMI, FLORIDA. 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 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. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Carollo R-10-0533 Chair Sarnoff Let's go to PZ.1. Francisco Garcia (Director, Planning): PZ.1 is a proposal for a street closure. This is on the south side of Southwest 20th Street at Southwest 31 stAvenue. This is a resolution before you so it only requires one hearing and one action. The effect of this proposal is that the portion of the street that is proposed to be closed would revert to private use. In other words, that portion of a dead-end street would actually be split in half and revert to each of the abutting properties at either side. The Planning Department and the Public Works Department have recommended approval. The Plat and Street Committee has also recommended approval with conditions. And City ofMiami Page 4 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 the Planning, Zoning, and Appeals Board has also recommended approval to the City Commission on October 6, 2010. Chair Sarnoff All right. Commissioner Suarez: What's your recommendation? Mr. Garcia: Our recommendation is for approval and so is the recommendation of the Public Works Department for approval. Commissioner Suarez: I actually went out there yesterday and it seems extremely logical to me that we would allow these -- when -- just from a legal perspective, what's the legal status of that land right now? Who owns it, technically? Mr. Garcia: The City ofMiami does. Commissioner Suarez: Okay. So when you're saying that you're going to -- it's going to revert back to, you're not deeding that part. You're -- it's going to revert -- what do you mean by revert? Revert usually means that the City owns it with some sort of reverter and what's the reverter language in the deed? Mr. Garcia: The reverter goes back to the abutting property owners if the City should not continue to use that property, that real estate as public right-of-way. Commissioner Suarez: So basically, maybe when the developer developed that area, they deeded that to the City with a clause that said that if they don't use it for public right-of-way, it reverts back to the landowner. Mr. Garcia: Right. It was originally a part of the subdivision regulations and it was part of the plat. Commissioner Suarez: I mean, I'll be honest with you. When we briefed on it, you told me there was no neighborhood opposition. I've since received three e-mails (electronic) on it, andl spoke to Mr. Fernandez, who was here before -- Unidentified Speaker: Correct. Commissioner Suarez: -- and so, you know, my inclination is to agree with your recommendation, andl went there andl don't see any reason why we shouldn't, but I'm just concerned that the neighbors -- or some of the neighbors at least are not -- I mean, I have the e-mails right here. I don't know. So they didn't express it? They didn't come to the PZAB (Planning, Zoning, and Appeals Board) meeting? Mr. Garcia: That is correct. Commissioner Suarez: And they had -- they didn't send in comment cards either? Mr. Garcia: We have not received any. Perhaps (UNINTELLIGIBLE). Victoria Mendez (Assistant City Attorney): Commissioner, maybe what you can do is those that -- letters that you have received should become part of the record. Commissioner Suarez: Absolutely. Ms. Mendez: And -- City ofMiami Page 5 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Suarez: I have it right here. Ms. Mendez: Okay. Commissioner Suarez: And they are part of the record already 'cause they're e-mails sent to my e-mail account -- Ms. Mendez: Correct, but at least part of -- Commissioner Suarez: -- so they're public records. Ms. Mendez: Right. But a part of the official record. Commissioner Gort: Question. Commissioner Suarez: Sure. Commissioner Gort: Do they state the objection? Because I don't -- Commissioner Suarez: Yeah, and that's the thing. I think there's a little bit of confusion from what I've read in the e-mails. Commissioner Gort: 'Cause a lot of times people don't understand what they're objecting to. Commissioner Suarez: Right. Commissioner Gort: I don't see any use by anyone for that -- Commissioner Suarez: I mean, I went out there andl -- it seemed to me almost like a private parcel anyway. Commissioner Gort: Sure. Commissioner Suarez: I mean, it's a piece of street -- Commissioner Gort: Right. Commissioner Suarez: -- that is a dead-end and it abuts two properties. I mean, it -- there's really -- I can see where, you know -- and the homeowner says that unfortunately, there has been theft, abandonment of vehicles, drug paraphernalia, people having sex and leaving used condoms, Santeria -- Commissioner Gort: That'll be -- get rid of that. Commissioner Suarez: -- leaving dead animals behind, illegal dumping -- which I have had to resolve constantly -- even home invasions, including my own home and home directly behind me have occurred throughout the years that I have lived there. I have personally intercepted a home -invasion robbery from both houses. This -- the owner would have to pay $6,147 to the City ofMiami, so it wouldn't be a free give-away, and he would also have to pay taxes on that land -- Commissioner Gort: Right. Commissioner Suarez: -- going forward. But two or three residents have, you know, opined negatively on this, and so I -- when I spoke to Mr. Fernandez in the hallway, I mentioned to him City ofMiami Page 6 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 that, you know, I was inclined to have it deferred for one month, which is our next meeting in December, so that you can meet with these residents and see if you could address their concerns. I don't know -- Mr. Garcia: Commissioner -- Commissioner Gort: Let me -- Mr. Garcia: Oh, I'm sorry. Commissioner Gort: IfI may. Commissioner Suarez: Of course. Commissioner Gort: I think by taking an action today, you can get back to your constituents and tell them we have taken care of it. There's not going to be anymore abandoned cars 'cause people are going to take property -- they're going to own the property. The -- so people will not be able to go and use it as whatever use they were doing before because it's no longer an empty lot. Commissioner Suarez: Right. But the problem here is that there's some confusion with -- I'm saying not everyone feels the same way about that -- Commissioner Gort: Right. Commissioner Suarez: -- property. Like there's another person who writes, 1'have lived on 20th Street for 20 years. This is public land. I believe it should not be gifted, 'which it's not a gift, but Commissioner Gort: It's not gifted. Commissioner Suarez: -- tf should not be gifted at all. My concern is that the person who is awarded the property may use it to build. Even if they themselves do not use it to build, when the property exchanges hands, the new owner may build on the property. This has happened before in our neighborhood. The over building has caused excessive density on 20th Street. For this reason, it's my position that the property should remain public in order to safeguard the good evolution of our neighborhood. "There's another one here that says, 1't is my primary concern that granting this petition will be detrimental to our neighborhood and the vision that we have for its future. That is a family -oriented, beautiful, and safe community. Please consider the repercussions before granting this petition. "You know, I'm particularly concerned -- Michael Gil: Commissioner, ifI may. Commissioner Suarez: Yeah. Mr. Gil: The client is just telling me that we've actually -- Pamela L. Latimore (Assistant City Clerk): You -- excuse me. Mr. Gil: -- seen those e-mails -- Ms. Latimore: Your name for the record, please. Mr. Gil: For the record, Michael Gil, with the law firm of Bercow Radell & Fernandez, offices at 200 South Biscayne Boulevard. I'm just being told now that we have received those e-mails and City ofMiami Page 7 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 we've actually reached out and spoken to those concerned citizens and have addressed their concerns. Commissioner Suarez: And -- okay, so -- I mean, I believe you. I'm not saying that I don't believe you. Mr. Gil: Right. Commissioner Suarez: I'm just saying -- I guess they're not here, so -- Mr. Gil: And just so -- I would also like to point out, in the packet I -- Commissioner Suarez: So you've spoken to every single one of these -- the people? Mr. Gil: Okay. So -- Commissioner Suarez: You've spoken to Pilar Alcivar (phonetic)? Karla Montalban: We've talked to the person that initiated that e-mail. Commissioner Suarez: Can you put your name on the record. Your name. Ms. Montalban: Oh, I'm sorry. My name is Karla Montalban. Commissioner Suarez: And which property of the two do you -- is the one west or the one east? Ms. Montalban: 3094, the east. Commissioner Suarez: The east one, okay. Ms. Montalban: Um -hum. And we've talked to the majority of the persons that are on this e-mail, the one that you got copy on. Commissioner Suarez: Right. Ms. Montalban: Andl apologize; you were not copied on the rest. And as of this morning, late 11, 12 o'clock in the morning, we got responses from most of them stating -- Commissioner Suarez: Can I see the responses? Ms. Montalban: Yeah. You can give that to him. -- that they're in agreement to it and they're -- they now understand the process of what's being done to the property, you know, the safety issue. Commissioner Suarez: Yeah. I saw -- Ms. Mendez: Commissioner -- Commissioner Suarez: Yes. Ms. Mendez: -- ifI may. Basically, Florida Statutes allows that when a property is -- as in this case, I think the picture that's provided in the packet shows what the area is. When it's an area, a public right-of-way that's not really used, then it could be vacated and then both parts of it equally down the middle -- unless there's something in the plat or other recorded document that says otherwise, both is equally -- you can draw a line down the middle and it abuts to both abutting property owners. So it's not like if it's by deed or by gift or anything like that, but City ofMiami Page 8 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 basically it's -- when it's vacated, it's by an operation of law, so -- Commissioner Suarez: And I think that's what's happening here, right. I mean, that's what's -- Ms. Mendez: Right. Commissioner Suarez: -- being proposed here, which is to plat them both equally for both the property owners so that it's not a land grab by one -- Ms. Mendez: Right. Commissioner Suarez: -- versus the other or anything like that. Ms. Mendez: Now what -- the other thing is some of the concerns that were read into the record basically had to do with the fact that since it's a road right now, that cars are left there and that -- because no one's taking care of it. If it's a line -- an imaginary line is drawn down the middle and each abutting property owner receives the land, then that land can be gated, fenced in -- Commissioner Gort: Right. Ms. Mendez: -- as part of their land and then there would never be a problem anymore, so -- Commissioner Suarez: Right. Yeah. Ms. Mendez: -- I guess that's -- Commissioner Suarez: I don't have a problem with it. Ms. Mendez: Oh, okay. Commissioner Suarez: I went out there. I don't have a problem with it. I mean, everybody has recommended it. I just don't understand why, when everybody's recommended it, I've gotten three e-mails, andl was told there's no neighborhood opposition at my briefing. I've received three or four e-mails. Ms. Montalban: I apologize. IfI may. Commissioner Suarez: It's not your fault. Ms. Montalban: No, no. But the neighbors that are actually wanting to question are not even within the, you know, vicinity. They're actually a few blocks from the neighborhood. But the neighbors that are right -- Commissioner Suarez: Abutting. Ms. Montalban: -- next on the street, they've all in agreement to it, and we have the letters -- Commissioner Suarez: You do? Ms. Montalban: -- signed. Yeah. There's letters -- Mr. Gil: Commissioner, if you -- Commissioner Gort: Right here. City ofMiami Page 9 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Mr. Gil: -- look at -- Commissioner Suarez: Oh, is that what -- part of the package -- Mr. Gil: -- your package, there's 17 residents. And to make it easier, there's actually a diagram that also passed out, and all the red dots corresponds to -- in this diagram here, all the red dots correspond to letters of support. Commissioner Suarez: Hold on. Let me get there. I'm sorry. Mr. Gil: Sure. Commissioner Suarez: It's always a good idea, by the way, in the future to get this stuff to us before. Ms. Montalban: We took it upon ourselves to knock on all our neighbors -- Commissioner Suarez: I think that's a great idea. Ms. Montalban: -- that were close by and that were going to be affected by it. Commissioner Suarez: That's the way to do it. Ms. Montalban: And they signed the letters, and we provided those to you so that you can see those. Commissioner Suarez: So basically what you're telling me is that ifI approve this, I'm going to get more votes, and llose ifI don't approve this. Right? Ms. Montalban: I'm sure you would. Commissioner Suarez: Okay. I gotcha. I move it. Commissioner Gort: Second. Commissioner Dunn: Okay. It has been properly motioned by Commissioner Suarez, seconded by Commissioner Gort. All in favor, let us hear by saying aye." The Commission (Collectively): Aye. Commissioner Dunn: So moved. Ms. Montalban: Thankyou. Mr. Gil: Thankyou very much. PZ.2 RESOLUTION 10-01243 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, City ofMiami Page 10 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 DEVELOPMENT OF REGIONAL IMPACT, UNDER ZONING ORDINANCE NO. 6871, AS AMENDED; AND DIRECTING TRANSMITTALS TO AFFECTED AGENCIES. 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 Exhibit 1.pdf 10-01243 PZAB Legislation.pdf 10-01243 Fact Sheet PZAB 11-17-10.pdf 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. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Carollo R-10-0534 Commissioner Dunn: Moving to the next -- Commissioner Gort: PZ.2 Commissioner Dunn: -- PZ.2. Francisco Garcia (Director, Planning): Thank you, sir. Item PZ.2 is a proposal by Miami -Dade County, which is the property owner, to develop a parking garage at 220 Northwest 3rd Street. This is actually the last part of a long-standing downtown government center development of regional impact permit. We have met a number of times with them and they have been very kind to comply and meet all of our concerns and recommendations. And at this point in time, we are happy to recommend approval with conditions. I would like to read the conditions briefly into the record in a moment. I would also tell you that the Planning, Zoning, and Appeals Board has also recommended approval as recently as last night. And although I will read the conditions into the record, there are only five. I should also tell you that we have since reviewed the plans as proposed by the applicants, and we have found that in the latest set of plans, they have complied with these conditions. However, because the plans have not yet been introduced into City ofMiami Page 11 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 the record and we don't have a copy of them, it -- I believe it is the safest way to proceed, to just read the conditions into the record, if there are no objections. I'll do so briefly. Condition number one is that the garage and the office facades be integrated into the -- into one articulated design. Condition number two is that the driveway opening grills need to be set back. A cross-section will be provided to demonstrate assembly and set back. Condition number three is that existing Live Oaks and Palms along Northwest 2nd Avenue and other existing healthy native tree species designated for removal should be properly root pruned and relocated to an agreed upon off -site location. Do not remove and dispose of healthy trees and palms. Number four is a revised tree disposition plan is required to show existing trees to remain, relocate, or removal. And condition number five is that the Northwest 2nd and 3rd Street sidewalks and driveways shall be at consistent grade or finish across driveway areas. The tree shall be planted close to back of curb in tree grades or other approved grade systems in order to provide a clear path of walking away from the street; to expand also the sidewalks into private property as necessary to accomplish an ample walking dimension and environment within this urban context. Once again, these conditions, I think, have been accomplished in substance. And with that said by way of presentation, I will certainly yield to the applicant or the Commission with any questions you may have. Commissioner Gort: Thank you. Commissioner Dunn: Is --? John Junkin: Good evening. My name is John Junkin. I'm the project architect. My office is at 500 South Dixie Highway, Coral Gables, Florida. We also have with us tonight representatives from the user -- or owner, GSA (General Services Administration), and for the builder, which is MCM Corporation. This is a design -build project for Miami -Dade County GSA. The project will serve -- provide about 810 cars for the new Children's Courthouse, for the -- also for the law enforcement high school, which is directly across the street, and the Hickman Building, which is immediately to the west of this project, and for other users in the downtown campus area. The project also includes 55,000 square feet of office area. The location is -- you can see, it's on 2nd Avenue, between 2nd and 3rd Street, directly opposite the park to the west of the Government Center. We have directly across the street to the north is the new law enforcement high school and directly to the west is the Hickman Building. We have -- the site here is predominantly divided into two portions, the garage portion and then the office portion here. We have entrances -- we have the primary entrance to the garage, entrance and exit, on 2nd Street here. There is a secondary entrance/exit onto 3rd Street up here. And this one on 3rd Street is dedicated to cardholders. The office portion, again as I said, wraps the parking garage and users of the office portion mainly enter from the southeast corner of the building. Commissioner Dunn: Excuse me. No -- didn't want to interrupt you, but I do kind of -- Commissioner Suarez: Yeah. Commissioner Dunn: The Planning Department has already -- Commissioner Suarez: Recommended. Commissioner Dunn: -- recommended approval. Are you willing to accept the conditions that have been --? Mr. Junkin: Yes. Commissioner Suarez: Move the item. Mr. Junkin: We have accepted. City ofMiami Page 12 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: Second. Pamela L. Latimore (Assistant City Clerk): You need to open a public hearing. Commissioner Gort: Great presentation. Oh, public hearing. Commissioner Dunn: Yes. Is there anyone from the public would like to speak on this item? Hearing none, seeing none -- Commissioner Suarez: We're just trying to expedite -- Commissioner Dunn: Yeah. Commissioner Suarez: -- the process a little. Commissioner Dunn: Yeah. Don't pull what -- Commissioner Suarez: You're good. Commissioner Dunn: -- defeat out of the jaws of victory. Commissioner Suarez: Yeah. Commissioner Dunn: All in favor, let us hear by saying "aye." The Commission (Collectively): Aye. Commissioner Dunn: So moved. Mr. Junkin: Thank you. PZ.3 ORDINANCE 10-00296Iu 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. City ofMiami Page 13 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 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 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." Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff 13233 Commissioner Dunn: Item 3. And I'm going to pass the gavel to Commissioner Gort so thatl can move on this item. Francisco Garcia (Director, Planning): Thank you, sir. PZ (Planning & Zoning) -- items PZ.3 and PZ.4 are companion items. Item PZ.3 is a land -use change at 350 Northeast 56th Street and item PZ.4 is a zoning change at the same address, 350 Northeast 56th Street. This item is before you tonight on second reading. This item entails a land -use change from duplex residential to general commercial and a zoning change from R-2 to C-2 liberal commercial. This is still under zoning ordinance 11000. The Planning Department originally considered this item and recommended denial. The Planning Advisory Board also recommended denial. And the Zoning Board at the time also recommended denial to the City Commission. The property is surrounding the northwest and south lanes; establish low -density residential community and the character of Northeast 56th Street in this area is duplex residential. Our major concern was that the overall massing and scale of the building would overwhelm the abutting properties. However, since then a covenant has been proffered, which we have had an opportunity to review and approve of which basically restricts the height of the new development to take place on what was formerly a duplex site to three stories, and we feel that that is an appropriate transition. Commissioner Dunn: Mr. Chairman. Commissioner Gort: Thank you. Yes, sir. Commissioner Dunn: I'd like to move this item for discussion. City ofMiami Page 14 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Suarez: Second for discussion. Commissioner Gort: There's a motion. It's been second. We now open to the public. Anyone from the public would like to address this item? Michael Gil: Commission, staff. For the recod again, my name is Michael Gil, law offices at 200 South Biscayne Boulevard. Ben Fernandez, my colleague, was here for most of the afternoon. He had to leave on another zoning hearing that he had, so he asked me to fill in as bestl can. Again, basically, this is second reading at this point. Planning Department staff is recommending approval, having proffered a covenant that limits the height to three stories. I'm available to answer any questions, ifI can answer it. I may have to request a continuance just because I'm not completely familiar with the application. Commissioner Suarez: Mr. Chairman. Commissioner Gort: Thank you. Yes. Commissioner Suarez: Is it fair to say that the Planning Advisory Board never got the covenant before making their decision? Mr. Garcia: That is correct. The covenant was acrtually proffered yesterday. Commissioner Suarez: Okay. Commissioner Dunn: Are you willing to abide by --? Well, you've made the covenant already -- proffered -- Mr. Gil: Yeah, we've made the covenant. Commissioner Dunn: Okay. Commissioner Gort: The covenant's already in the -- Commissioner Dunn: Okay. I -- well, let's move it. Commissioner Gort: Anyone else in the public would like to address this item? Being none, we'll close the public hearings [sic]. Comments. Any comments? Commissioner Dunn: We've already made the motion. Commissioner Gort: Okay. It's a -- Commissioner Dunn: All in favor. Commissioner Suarez: Oh, yes, yes. Commissioner Gort: No, no. It's a ordinance. You have to -- Commissioner Dunn: Oh, we got to vote by -- okay. Victoria Mendez (Assistant City Attorney): Yes. Commissioner Gort: You have to read it. Ms. Mendez: So there's been a motion and a second to pass the ordinance? City ofMiami Page 15 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: Yes. Commissioner Suarez: Yes. I seconded the motion. Ms. Mendez: Okay. An ordinance -- Commissioner Suarez: With cov -- with the covenants, of course. Ms. Mendez: With the conditions as presented by the Planning Department. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Mr. Garcia: IfI may, Commissioners, just a brief point of clarification. These are not conditions imposed by the Planning Department. This is a covenant proffered by the applicant. Commissioner Gort: But voluntarily? Mr. Gil: That is correct. Commissioner Suarez: But approved by the Planning -- Commissioner Gort: Roll call. Commissioner Suarez: -- Department. I mean, you've reviewed it and -- Commissioner Dunn: Accept it. Commissioner Suarez: -- you approve it. Right. Mr. Garcia: We have reviewed it and -- Commissioner Suarez: Yeah. Mr. Garcia: -- we think that it satisfies our concerns. It's -- Commissioner Suarez: Perfect. Mr. Garcia: -- also been reviewed by the City Attorney's Office and deemed in compliance. Commissioner Suarez: For form. Got it. Pamela L. Latimore (Assistant City Clerk): I need to clam. Do -- are the covenants modifying the present legislation? Ms. Mendez: No, no. Ms. Latimore: Okay. Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance passes on second reading, 4-0. Commissioner Gort: It was adopted. Thank you. City ofMiami Page 16 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Ms. Latimore: Adopted on second reading. PZ.4 ORDINANCE Second Reading 10-00296zc 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. 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 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. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff 13234 Commissioner Gort: PZ.4. Francisco Garcia (Director, Planning): PZ.4 is the -- City ofMiami Page 17 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Vice Chair Carollo: Companion. Commissioner Dunn: Companion. Mr. Garcia: -- accompanying item. This is the actual zoning change for the same property. Commissioner Gort: Let's have a motion. Commissioner Dunn: So move. Commissioner Suarez: Second. Commissioner Gort: Been moved and second. Open up a public hearing. Is there anyone in the public that would like to address this issue? Being none, we close the public hearing. Mr. Garcia: Also, again, Commissioners, I'm sorry, for the record, the covenant proffered is properly attached to the second item, not to the land use change, but to the zoning change which you are about to vote on right now. Commissioner Gort: Discussion? Being none, it's an ordinance. Read it. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance is adopted on second reading, 4-0. Michael Gil: Thank you very much. Commissioner Dunn: Thank you. PZ.5 ORDINANCE 10-00845zt 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. 10-00845zt CC Legislation (Version 3).pdf 10-00845zt CC SR 11-18-10 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami City ofMiami Page 18 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 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. NO ACTION TAKEN Note for the record: Discussion took place on PZ.5. Chair Sarnoff. Okay. Can we take up PZ.5 just 'cause it's something that interests me? Francisco Garcia: Of course. Item PZ (Planning & Zoning) -- Francisco Garcia, Planning director -- 5 is a proposal for an amendment of the City Code to allow interim fencing for vacant or unimproved lots. The Zoning division has been working on that item and they will have a brief presentation for you. Dakota Hendon (Project Manager): Good afternoon. Dakota Hendon with the Office of Zoning. The interim fencing ordinance, there's been a series of changes between the first and second reading. I've put together a brief presentation in order to go over why some of those changes were made. The problem that we are having with some of the vacant lots is illegal activity, illegal dumping, the unsightly conditions, trespassing, vandalism for unsecured lots. What we are offering is a way for these lots to be secured. The next slide, it shows pricing for various types of fencing. Ideally, nobody would like chain -linked throughout the City, but the reality is that the cost is -- cost prohibitive is sometimes up to 250 percent or 230 percent more expensive than a regular chain -linked fence. The next few slides will show various properties throughout the City, the first being just a regular uncoated chain -linked fence you see here. The next is an option with a top rail which will allow some additional structural support in order to -- so the fence doesn't fall over. The third being a chain link with a windscreen that provides a little bit of a skewed view into the lot to prevent any of the unsightly views. Third is a chain link with landscaping, and the next one being the metal picket which is now required for those interim parking lots. The problem being with these vacant lots is that they are not receiving any money, such as the interim parking lots. So to require them to do a picket fence is extremely -- is a high cost. The problem, of course, with all types offences is that they can be improperly maintained, so we've added some changes to the ordinance between first and second that we hope that will prevent the improperly maintained fences. The things that we have changed, we require that the lot be registered with the NET (Neighborhood Enhancement Team) office as required by Chapter 22 of the City Code. That also allows the Code Enforcement Department access to the property. The renewals require photographic evidence that the fence is being maintained. Failure to maintain the fence will require removal and -- rescinding of the permit and removal of the fence. The height has been changed to six feet and the chain link will require a top rail. There was also a substitution in which we added the requirement that a chain link also be provided with the windscreen. Chair Sarnoff. All right. Mr. Garcia: If you have any more questions, please. Chair Sarnoff. Is there a motion? Commissioner Suarez: So move. Chair Sarnoff. There's a motion by Commissioner Suarez -- Commissioner Gort: Second for discussion. City ofMiami Page 19 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoft -- second by Commissioner Gort. Discussion, gentlemen? Commissioner Gort: I kind of like the wire -screen [sic], but at the same time, I want to make sure -- one of the problems with the -- having the windscreen is you don't see what's taking place inside the lot, so we have to make sure that the gates are maintained and they're locked and somehow there's some kind of supervision once a month to make sure that the lots are not being used illegally or any dumping is taking place. Mr. Garcia: And the windscreens pretty much block any views from the angled view, but if you look straight on, I think the picture shows that you -- Commissioner Gort: You can see through. Mr. Garcia: -- can actually see into the lot. Commissioner Gort: Okay. Chair Sarnoff My problem with this ordinance is the chain -linked fence and especially the windscreen because -- I handed out to the Commission -- this is just down the block. It shows a great mural, if you will, for people to graffiti-ize [sic]. This chain -linked fence is less than a year old. It has received graffiti in the past week. My question is what do we really do well in the City ofMiami? We certainly don't police well. I don't mean by the Police Department. I mean by policing in terms of cleanliness. We certainly don't take people's rights away from them. You said you're going to visit this and revisit this. I've asked Code Enforcement to go up and down Biscayne Boulevard now. I think had 15 separate requests. There is a building -- I'm sorry. There is a fence that is part chain link, part metal rail, if you will, or picket fence. It is falling down. It has been falling down about three years before I was Commissioner. I guess I've been Commissioner now almost four years, so now seven years. Couldn't even tell you where it is in the Code Enforcement process. Don't really care where it's in the Code Enforcement process. The point is it's still there. You're going to put up a series offences and trust me, the people that you claim that don't have the money but they want to secure their property because you're going to pass some legislation, they're not going to maintain their fences. And you can put all the landscaping up you want. That landscaping would take two years of watering before it would take, and if you think they're going to water for two years, they wouldn't be having that property to begin with. This is all a pipe dream. I think you're better suited to leave it vacant. I understand your issue, which is you don't want people dumping. But on the other hand, cutting down and opening up a hole in a fence of these kinds are very easy. They make excellent canvasses for the windscreen, and l just can't support this. I actually think this is a regressive type of legislation. With that said, we will -- this is an ordinance. Commissioner Suarez: I think I'll withdraw my motion, with that said. Commissioner Gort: The votes are not there. Commissioner Suarez: Yeah. Chair Sarnoff Okay. Commissioner Suarez: So -- Chair Sarnoff Then I guess -- Commissioner Suarez: -- that ends that. Next one. Chair Sarnoff -- it dies. City ofMiami Page 20 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 PZ.6 ORDINANCE Second Reading 10-00956zt 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. 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 - NEWpdf 10-00956zt CC Legislation (Version 5).pdf 10-00956zt CC SR 11-18-10 Fact Sheet.pdf 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. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 21 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez 13235 Vice Chair Carollo: Okay, and there is no action on PZ.5, so moving on to PZ.6. Francisco Garcia (Director, Planning): Thank you, Commissioner. Items PZ.6 through PZ.12 are all amendments to Miami 21, the zoning ordinance of the City ofMiami. We have a very brief presentation to present to you. Most of these items are before you on first reading, except for PZ.6, which is actually before you on second reading already. And with that, I'll turn over the floor to Dakota Hendon, which [sic] played a significant role in authoring many of these changes. Victoria Mendez (Assistant City Attorney): Just to clam, Mr. Hendon, the presentation you're about to do is for which items? Dakota Hendon (Project Manager, Zoning): There's a slide for each of the PZ (Planning & Zoning) items. Ms. Mendez: Okay. Mr. Hendon: For each -- 6 through 12. Ms. Mendez: Okay, thank you. Mr. Hendon: Again, Dakota Hendon, for the record, Office of Zoning. PZ.6 through 12 are text amendments to the Miami 21 code. They have all been properly before the PZAB (Planning, Zoning and Appeals Board), and have all been recommended for approval. All of the things that the PZAB had expressed concern about were removed from the legislation and what's before you is only those that were recommended. For the sake of time, I'll be as brief as possible. PZ.6 is a series of minor text amendments, clarifications, correcting cross-references, and basically just minor changes to the Miami 21 ordinance, and it's on second reading. If you have any questions, we're here to answer them. Vice Chair Carollo: Anyone in the public wishing to speak on this item? Seeing none, hearing none, public meeting [sic] is closed; back to the Commission. Is there a motion? Commissioner Dunn: So move. Commissioner Gort: Second. Vice Chair Carollo: Motion by Commissioner Dunn, second by Commissioner Gort. Any discussion? Hearing none -- Ms. Mendez: Prior -- I'm sorry, Mr. Chair. I need to read into the record just a brief synopsis. As we discussed last time on first reading, PZ.6 has general cleanup legislation and one of it has -- part of it has to do with adult entertainment legislation, and that's also cleanup in nature because it has been addressed in past zoning Ordinance 11000, 9500, but I just have to read, and you have in your backup materials everything that has to do with secondary effects, all the case law and such. But I just have to read a little squib just before you take the motion on this ordinance, if you'll allow me to do so. Vice Chair Carollo: Yes, if you could please, and read it for the record so we could vote. Ms. Mendez: Okay, thank you. The section that deals with adult entertainment in this cleanup City ofMiami Page 22 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 legislation for Miami 21 is essentially the same as in Zoning Ordinance 11000. It clarifies the definition of adult entertainment, classifies where adult entertainment is permissible, and lays out the pre -enactment evidence on which you, as a governing body, are relying on and have relied on in the past to conclude that these restrictions on adult entertainment substantially further the City's interest in reducing any harmful or negative secondary effects. In your backup materials as part of this legislation as you relied upon in passage of Zoning Ordinance 11000 amendments to adult entertainment provisions, you will find the evidence, studies, reports, legislative findings, and evidence described in judicial opinions. This is part of the record as attachments and backup to this legislation, consisting of approximately 500 pages of backup. The material includes evidence and statistical data compiled by the City ofMiami. It includes statistical data and studies of Hillsborough County, Florida, city of Daytona Beach, Florida, city of North Miami Beach, Florida, along with the National Loss Center for Children and Family Studies and the attorney general's Commission on Pornography. It also includes evidence and contains judicial opinions, including but not limited to the following: the city of Renton versus Playtime Feeders and numerous other noteworthy and authoritative cases that are attached and incorporated as an exhibit to this legislation. All of the foregoing pre -enactment evidence supports the conclusion that the zoning restrictions in this ordinance furthers the City's significant government interest in reducing the adverse effects of the secondary effects of adult entertainment by preventing crime, protecting the quality of life in residential areas, protecting commercial districts and maintaining property values. Thank you. Vice Chair Carollo: Do you have to read anything else, the actual ordinance for the record? Ms. Mendez: At this time, just the ordinance title. Vice Chair Carollo: Right. Ms. Mendez: Okay. Vice Chair Carollo: Can you please so we could vote? The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Vice Chair Carollo: I'm sorry, Madam City Clerk. We don't have quorum, so if you could wait a second. Madam City Clerk, if you could call the roll call, please. Priscilla A. Thompson (City Clerk): Sure. Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. Vice Chair Carollo: Thank you. PZ.7 ORDINANCE 10-00963zt 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 City ofMiami Page 23 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 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; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 - NEWpdf 10-00963zt CC Legislation (Version 5).pdf 10-00963zt CC 12-16-10 SR Fact Sheet.pdf 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 City ofMiami Page 24 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 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. Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez Vice Chair Carollo: And moving on to PZ.7. Dakota Hendon (Project Manager, Zoning): PZ.7 is also a group of changes to Miami 21 ordinance. These are provisions that were found in the former zoning ordinance that are being carried over into Miami 21, more particularly in reference to child care parking, loading berths, sheds, the allowance for accessory structures, such as sheds, and other changes are listed in the title. There is one modification that we would like to make between first and second reading, which is to allow waiving of setbacks for those sheds and allow an administrative process to allow a lesser setback than is provided by the ordinance. That would include notification to the abutting property owners. Vice Chair Carollo: And you want to modin, that now? Mr. Hendon: We would like to -- we would make the changes between first and second. Vice Chair Carollo: Okay, so it's going to -- the ordinance is going to stay as is now and for second reading you will change that. Mr. Hendon: We -- yeah, we'd like to let you know. Vice Chair Carollo: Okay. Is there anyone from the public wishing to speak on this item? Hearing none, seeing none, back to the Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Vice Chair Carollo: Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion? Hearing no discussion, Madam City Attorney, if you could please read for the record. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Vice Chair Carollo: Wow. Do you need to catch your breath and drink some water? Madam City Clerk, roll call please. City ofMiami Page 25 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Priscilla A. Thompson (City Clerk): Your roll call, a first reading ordinance as is. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. Vice Chair Carollo: Thank you, Madam City Clerk. PZ.8 ORDINANCE 10-00964zt 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. 10-00964zt PZAB Reso.pdf 10-00964zt CC Legislation (Version 2).pdf 10-00964zt Exhibit A. pdf 10-00964zt CC 12-16-10 SR Fact Sheet.pdf 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. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez Vice Chair Carollo: PZ.8. Dakota Hendon (Project Manager, Zoning): PZ.8, again, mod4ca -- text amendment to Miami 21 code mod4ing the parking requirements for educational facilities and bringing them pretty much in line with the Miami -Dade County Public Schools requirement. If you have questions, please -- Vice Chair Carollo: Thank you. Is there anyone from the audience wishing to speak on this City ofMiami Page 26 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 item? Hearing none, seeing none, back to the Commission. Commissioner Dunn: Move -- Vice Chair Carollo: Is there a motion? Commissioner Dunn: -- it. Commissioner Gort: Second. Vice Chair Carollo: Motion by Commissioner Dunn, seconded by Commissioner Gort. Any discussion? Hearing no discussion, Madam City Attorney, if you could please read the ordinance for the record. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. Vice Chair Carollo: Thank you, Madam City Clerk. PZ.9 ORDINANCE 10-00968zt 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), BY ALLOWING 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. 10-00968zt PZAB Reso.pdf 10-00968zt CC Legislation (Version 2).pdf 10-00968zt CC 12-16-10 SR Fact Sheet.pdf 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 City ofMiami Page 27 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 providing cross -block passages in T5 and T6 Transect Zones. Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez Vice Chair Carollo: PZ.9. Dakota Hendon (Project Manager, Zoning): PZ.9, text amendment to Miami 21. This amendment will establish height limitations for extensions above maximum heights, so this is for elevator/stairwell extensions, mechanical areas, those types of things. Pretty much establishes a ten feet maximum in all districts, except those maybe -- that may be approved by special permit. Vice Chair Carollo: Thankyou. Is there anyone from the public wishing to speak on this item? Hearing none, seeing none, back to the Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Vice Chair Carollo: Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion? Hearing no discussion, Madam City Attorney, it's an ordinance. If you could please read it for the record. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. Vice Chair Carollo: Thankyou, Madam City Clerk. PZ.10 ORDINANCE 10-00969zt 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, 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. 10-00969zt PZAB Reso.pdf 10-00969zt Exhibit A - NEW pdf 10-00696zt CC Legislation (Version 3).pdf 10-00696zt CC 12-16-10 SR Fact Sheet.pdf LOCATION: Citywide City ofMiami Page 28 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 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. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez Vice Chair Carollo: PZ.10, big box. Dakota Hendon (Project Manager, Zoning): PZ.10 is a text amendment, Miami 21, modifying regulations for large-scale commercial establishments. There is one typographical error that we will need to correct between first and second reading in which the ordinance refers to rental area limitations. That should be commercial area limitations. Vice Chair Carollo: Thank you. Anyone from the audience wishing to speak on this item? Hearing none, seeing none, back to the Commission. Is there a motion? Commissioner Dunn: So move. Commissioner Gort: Second. Vice Chair Carollo: Motion by Commissioner Dunn, second by Commissioner Gort. Is there any discussion? Hearing no discussion, Madam City Attorney, if you could please read the ordinance for the record. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. Vice Chair Carollo: Thank you, Madam City Clerk. PZ.11 ORDINANCE 10-00970zt 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 City ofMiami Page 29 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 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. 10-00970zt PZAB Reso.pdf 10-00970zt CC Legislation (Version 2).pdf 10-00970zt CC 12-16-10 SR Fact Sheet.pdf 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". Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez Vice Chair Carollo: Moving on to PZ.11. Dakota Hendon (Project Manager, Zoning): PZ.11 is a text amendment -- I'm very sorry, but the explanation I had for PZ.9 is actually PZ. 11. PZ.9 modified door spacing requirements on cross -block passages. PZ.11 is actually the ordinance that will modify the allowances above maximum height. Vice Chair Carollo: Is there anyone from the audience who wishes to speak on this item? Hearing none, seeing none, back to the Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Vice Chair Carollo: Motion by Commissioner Dunn, second by Commissioner Gort. Any discussion? Hearing no discussion, Madam City Attorney, if you could please read the ordinance for the record. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. Vice Chair Carollo: Thank you, Madam City Clerk. City ofMiami Page 30 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 PZ.12 ORDINANCE First Reading 10-00971 zt 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. 10-00971zt Reso.pdf 10-00971zt CC Legislation (Version 3).pdf 10-00971zt CC 12-16-10 SR Fact Sheet.pdf 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. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez Vice Chair Carollo: Let's move on to PZ.12. Dakota Hendon (Project Manager, Zoning): PZ.12, text amendment, Miami 21. This will change the requirements for freestanding signs and painted wall signs. It will also establish a warrant requirement for signs above 50 feet. If you have any questions -- I'm sorry. There's also just one modification that we're going to -- that we'd like to make between first and second, and that's just to clarify that painted wall signs that are regulated by this ordinance are limited to on premises business identification signs, not to be confused with murals. Vice Chair Carollo: Thank you. Is there anyone from the audience wishing to speak on this item? Hearing none, seeing none, back to the Commission. Is there a motion? Commissioner Dunn: So move. Commissioner Gort: Move it. Commissioner Dunn: Second. City ofMiami Page 31 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Vice Chair Carollo: Motion by Commissioner Dunn, second by Commissioner Gort. Any discussion? Hearing no discussion, Madam City Attorney, if you could please read the ordinance for the record. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. Vice Chair Carollo: Thank you, Madam City Clerk. And question, Madam City Clerk, from what have, we are done with the agenda, correct? Ms. Thompson: That is correct. Vice Chair Carollo: Is there any item that we need to go over? No? Ms. Thompson: No. Commissioner Gort: Move to adjourn. Commissioner Dunn: Second. Vice Chair Carollo: Meeting adjourned. PZ.13 ORDINANCE 10-01242zt 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. 10-01242zt PZAB Legislation.pdf 10-01242zt Fact Sheet PZAB 11-17-10.pdf 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". City ofMiami Page 32 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 PZ.14 09-01464za PZ.15 06-00840x1 Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Dunn II Note for the record: Item PZ.13 was deferred to the Commission Meeting scheduled for January 27, 2011. 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. 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 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. Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Dunn II Note for the record: Item PZ.14 was deferred to the Commission Meeting scheduled for January 27, 2011. 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 City ofMiami Page 33 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 PZ.16 10-00850v ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES OF "R-1" SINGLE-FAMILY RESIDENTIAL, TO ALLOW A 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. 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 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. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II Note for the record: Item PZ.15 was deferred to the Commission Meeting scheduled for Januuary 27, 2011. 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 ALLOWA City ofMiami Page 34 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 PZ.17 09-01198ha 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 ALLOWA 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. 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 12-16-10 Fact Sheet.pdf 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. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II Note for the record: Item PZ.16 was deferred to the Commission Meeting scheduled for January 27, 2011. 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. City ofMiami Page 35 Printed on 12/13/2010 City Commission Meeting Minutes 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 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. Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - 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 36 Printed on 12/13/2010