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HomeMy WebLinkAboutCC 2010-12-16 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, December 16, 2010 10:00 AM City Hall Commission Chambers 9:00 A.M. Present: Chairman Sarnoff, Vice Chairman Carollo, Commissioner Suarez, Commissioner Dunn II and Commissioner Gort On the 16th day of December 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 11:28 a.m., recessed at 12:03 p.m., reconvened at 6:36 p.m., and adjourned at 8:45 p.m. Note for the record: Vice Chair Carollo entered the chambers at 11:29 a.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 City of Miami Page I Prinked on 12,21/2010 City Commission Marked Agenda December 16, 2010 PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 10:00 am. PZ.1 RESOLUTION 10-00044x A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): W. Tucker Gibbs, Esquire, on behalf of Brickell View West Apartments, Inc., Adjacent Property Owner APPLICANT(S): Miguel Diaz de la Portilla, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x-a. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. City ofMiami Page 2 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 10-00044x Analysis. pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map. pdf 10-00044x Miami 21 Map.pdf 10-00044x Letter of Intent. pdf 10-00044x Application & Supporting Docs. pdf 10-00044x Plans.pdf 10-00044x ZB Reso.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x ZB Appeal Letter. pdf 10-00044x CC Legislation (Version 3).pdf 10-00044x CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a ExhibitA.pdf 10-00044x & 10-00044x-a Exhibit 1.pdf 10-00044x CC 12-16-10 Fact Sheet.pdf MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort PZ.2 RESOLUTION 10-00044x-a A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. City ofMiami Page 3 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): John K. Shubin, Esquire, on behalf of 1701 Brickell Condominium, LLC and Peacock Development, LLC, Adjacent Property Owners APPLICANT(S): Miguel Diaz de la Portilla, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. 10-00044x Analysis. pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map. pdf 10-00044x Miami 21 Map.pdf 10-00044x Letter of Intent. pdf 10-00044x Application & Supporting Docs. pdf 10-00044x Plans.pdf 10-00044x ZB Reso.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x-a ZB Appeal Letter. pdf 10-00044x-a CC Legislation (Version 3).pdf 10-00044x-a CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a ExhibitA.pdf 10-00044x & 10-00044x-a Exhibit 1.pdf 10-00044x-a CC 12-16-10 Fact Sheet.pdf MOVED: Frank Carollo SECONDED: UNANIMOUS Francis Suarez Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort PZ.3 RESOLUTION 10-00850v A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING A VARIANCE AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 8, City ofMiami Page 4 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 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. 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 R-10-0570 MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Dunn II and Gort ABSENT: Commissioner(s) Suarez PZ.4 RESOLUTION 10-01205sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A STREET AND AN EASEMENT LOCATED AT APPROXIMATELY THE NORTHWESTERLY CORNER OF SOUTHWEST 32ND ROAD AND SOUTHWEST 1ST AVENUE, WHICH STREET AND EASEMENT ABUT SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA. City ofMiami Page 5 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 LOCATION: Approximately the Northwesterly Corner of SW 32nd Road and SW 1st Avenue, which Street and Easement abut SW 22nd Terrace [Commissioner Frank Carollo - District 3] APPLICANT(S): Hernando Carrillo, Owner and Architect, on behalf of Inigo Enterprises, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on September 2, 2010 by a vote of 7-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions* to City Commission on November 17, 2010 by a vote of 8-1. *See supporting documentation. PURPOSE: This will return the subject parcels and SW 22nd Terrace to their original condition prior to the latest re -platting. 10-01205sc Analysis. pdf 10-01205sc Miami21 Map.pdf 10-01205sc Zoning Map.pdf 1 0-01205sc Aerial Map.pdf 10-01205sc Public Works Analysis. pdf 10-01205sc Plat & Street Letter. pdf 1 0-01205sc Application & Supporting Docs.pdf 10-01205sc Survey & Tentative Plat. pdf 10-01205sc PZAB Reso.pdf 10-01205sc CC Legislation (Version 2).pdf 10-01205sc ExhibitA.pdf 10-01205sc CC 12-16-10 Fact Sheet. pdf R-10-0571 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort PZ.5 RESOLUTION 10-01179xc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, 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 (24) OF "C-1" RESTRICTED COMMERCIAL, TO ALLOW A NEW FIRE STATION, FOR THE PROPERTY LOCATED AT APPROXIMATELY 990 NORTHEAST 79TH STREET, MIAMI, FLORIDA. City ofMiami Page 6 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 PZ.6 10-00185zc1 LOCATION: Approximately 990 NE 79th Street [Commissioner Marc David Sarnoff - District 2] 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 November 17, 2010 by a vote of 9-0. PURPOSE: This will allow a new fire station facility. 10-01179xc Analysis. pdf 10-01179xc Miami21 Map.pdf 10-01179xc Zoning Map.pdf 10-01179xcAerial Map.pdf 10-01179xc Application & Supporting Docs.pdf 10-01179xc Plans.pdf 10-01179xc PZAB Reso.pdf 10-01179xc CC Legislation (Version 2).pdf 10-01179xc ExhibitA.pdf 10-01179xc CC 12-16-10 Fact Sheet.pdf R-10-0572 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-8 0" URBAN CORE TRANSECT ZONE TO "T5-O" URBAN CENTER TRANSECT ZONE, FOR PROPERTIES ALONG SOUTHWEST 22ND STREET (CORAL WAY), GENERALLY BOUND BY SOUTHWEST 17TH AVENUE TO THE EAST AND SOUTHWEST 37TH AVENUE TO THE WEST, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 7 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 PZ.7 10-00963zt LOCATION: Properties Along SW 22nd Street (Coral Way); Generally Bound by SW 17th Avenue to the East and SW 37th Avenue to the West [Commissioner Francis Suarez - District 4] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 3, 2010 by a vote of 8-0. PURPOSE: This will change the above properties to "T5-O" Urban Center Transect Zone. NOTE(S): The City Commission passed this item on First Reading with modifications on March 25, 2010 as File ID 10-00185zc; it was indefinitely deferred on April 22, 2010. 10-00185zc PAB Reso.pdf 10-00185zc Legislation (Version 3) Passed on First Reading with Modifications on March 25, 20 10-00185zc1 CC Legislation (Version 1).pdf 10-00185zc1 Exhibit A. pdf 10-00185zc1 CC 12-16-10 SR Fact Sheet.pdf 13237 MOVED: SECONDED: UNANIMOUS Francis Suarez Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort 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 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 City ofMiami Page 8 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 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. 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. City ofMiami Page 9 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 PZ.8 10-00964zt 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 5).pdf 10-00963zt CC 12-16-10 SR Fact Sheet.pdf 13238 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort 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 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 12-16-10 SR Fact Sheet.pdf 13239 City ofMiami Page 10 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 PZ.9 10-00968zt MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5. SPECIFIC TO ZONES, BY MODIFYING SECTION 5.5.1 BUILDING DISPOSITION (T5), AND SECTION 5.6.1 BUILDING DISPOSITION (T6), BYALLOWING DOOR SPACING REQUIREMENTS TO BE MODIFIED BY WAIVER AND BY REMOVING PUBLIC EASEMENT REQUIREMENTS FOR CROSS BLOCK PASSAGES; AND BY MODIFYING SECTION 7.1.2.5 WAIVER, INCORPORATING SAID REQUIREMENTS FOR DOOR SPACING INTO THE WAIVERS LIST; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 1, 2010 by a vote of 7-0. PURPOSE: This will allow door -spacing requirements to be modified by process of Waiver and will remove public easement requirements when providing cross -block passages in T5 and T6 Transect Zones. 10-00968zt PZAB Reso.pdf 10-00968zt CC Legislation (Version 2).pdf 10-00968zt CC 12-16-10 SR Fact Sheet.pdf 13240 MOVED: SECONDED: UNANIMOUS Frank Carollo Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort PZ.10 ORDINANCE Second 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 City ofMiami Page 11 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 PZ.11 10-00970zt 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. 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 13241 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort ORDINANCE Second 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. City ofMiami Page 12 Printed on 12/21/2010 City Commission Marked Agenda December 16, 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 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 12-16-10 SR Fact Sheet.pdf 13242 MOVED: SECONDED: UNANIMOUS Frank Carollo Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort PZ.12 ORDINANCE Second 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. 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. City ofMiami Page 13 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 10-00971 zt Reso.pdf 10-00971zt CC Legislation (Version 3).pdf 10-00971zt CC 12-16-10 SR Fact Sheet.pdf 13243 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Francis Suarez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort PZ.13 ORDINANCE First Reading 10-01359Iu 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 150 NORTHEAST 42ND STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 150 NE 42nd Street [Commissioner Richard P. Dunn - District 5] 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 denial to City Commission on December 1, 2010 by a vote of 9-0. See companion File ID 10-01359zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial'. City ofMiami Page 14 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 10-013591u Land Use Map.pdf 10-013591u Land Use Map (Proposed).pdf 10-013591u Aerial Map.pdf 10-013591u ExhibitA.pdf 10-013591u CC Analysis. pdf 10-013591u PZAB Reso.pdf 10-013591u CC Legislation (Version 2).pdf 10-013591u CC 12-16-10 FR Fact Sheet. pdf 10-013591u-Submittal-Photographs. pdf 10-013591u-Submittal -Petitions of Support. pdf 10-013591u-Submittal-Petitions to Deny the Application. pdf MOVED: SECONDED: UNANIMOUS Richard Dunn II Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort PZ.14 ORDINANCE First Reading 10-01359zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O" SUB -URBAN TRANSECT ZONE TO "T4-O" GENERAL URBAN TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT THE NORTH SIDE OF NORTHEAST 41 ST STREET BETWEEN NORTH MIAMI AVENUE TO THE WESTAND NORTHEAST2NDAVENUE TO THE EAST; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Properties Located at the North side of NE 41st Street between North Miami Avenue to the West and NE 2nd Avenue to the East [Commissioner Richard P. Dunn - District 5] 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 denial to City Commission on December 1, 2010 by a vote of 9-0. Also on December 1, 2010, they recommended approval for the three parcels fronting North Miami Avenue; located to the North of NE 41st Street; to the East of North Miami Avenue and to the South of NE 42nd Street, by a vote of 5-4. See companion File ID 10-013591u. PURPOSE: This will change the above properties to "T4-O" General Urban Transect Zone. City ofMiami Page 15 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 10-01359zc Analysis. pdf 10-01359zc Miami21 Map.pdf 10-01359zc Miami21 (Proposed).pdf 10-01359zcAerial Map.pdf 10-01359zc ExhibitA.pdf 10-01359zc PZAB Resos.pdf 10-01359zc CC Legislation (Version 2).pdf 10-01359zc CC 12-16-10 FR Fact Sheet. pdf 10-01359zc-Su bmittal-Photographs. pdf 10-01359zc-Submittal-Buena Vista HomeownersAsso..pdf 10-01359zc-Submittal -Petitions of Support. pdf 10-01359zc-Submittal-Petitions to Deny the Application. pdf MOVED: Richard Dunn II SECONDED: UNANIMOUS Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort PZ.15 ORDINANCE First Reading 10-01360zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O" URBAN CENTER TRANSECT ZONE TO "T3-R" SUB -URBAN TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF INAGUA AVENUE AND AVIATION AVENUE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Properties Located at the NE Quadrant of the Intersection of Inagua Avenue and Aviation Avenue [Commissioner Marc David Sarnoff - District 2] 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 December 1, 2010 by a vote of 8-0. PURPOSE: This will change the above properties to "T3-R" Sub -Urban Transect Zone. City ofMiami Page 16 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 10-01360zc Analysis. pdf 10-01360zc Miami21 Map.pdf 10-01360zc Miami21 Map (Proposed).pdf 10-01360zcAerial Map.pdf 10-01360zc ExhibitA.pdf 10-01360zc PZAB Reso.pdf 10-01360zc CC Legislation (Version 2).pdf 10-01360zc CC 12-16-10 FR Fact Sheet.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort PZ.16 ORDINANCE First Reading 10-01335zt 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 1, DEFINITIONS, SECTION 1.2 DEFINITIONS OF TERMS, TO MODIFY THE DEFINITION OF UNITY OF TITLE AND BY AMENDING ARTICLE 7, SECTION 7.1 PROCEDURES BY ADDING A NEW SECTION, 7.1.7 UNITY OF TITLE, ESTABLISHING REQUIREMENTS FOR UNITIES OF TITLE AND COVENANTS IN LIEU OF UNITY OF TITLE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE 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 denial to City Commission on December 1, 2010 by a vote of 9-0. PURPOSE: This will modify the definition of "unity of title", create minimum requirements for unities of title, and establish covenants in lieu of unity of title as equivalents to unities of title. 10-01335zt PZAB Reso.pdf 10-01335zt CC Legislation (Version 2).pdf 10-01335zt CC 12-16-10 FR Fact Sheet.pdf MOVED: SECONDED: UNANIMOUS Frank Carollo Richard Dunn II Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort City ofMiami Page 17 Printed on 12/21/2010 City Commission Marked Agenda December 16, 2010 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Richard Dunn II Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Sarnoff, Carollo, Suarez, Dunn II and Gort END OF PLANNING AND ZONING ITEMS NON AGENDA ITEMS NA.1 DISCUSSION ITEM 10-01447 VICE CHAIR CAROLLO RECOGNIZED STATE REPRESENTATIVE ERIK FRESEN IN THE COMMISSION CHAMBERS. DISCUSSED NA.2 DISCUSSION ITEM 10-01453 BRIEF COMMENTS BY COMMISSIONER GORT REGARDING CITYWIDE CHANGES TO MIAMI 21, AND ITS IMPACT UPON NEIGHBORHOODS THROUGHOUT THE CITY OF MIAMI. DISCUSSED Present: Chairman Sarnoff, Vice Chairman Carollo, Commissioner Suarez, Commissioner Dunn II and Commissioner Gort ADJOURNMENT A motion was made by Commissioner Carollo, seconded by Commissioner Gort, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 18 Printed on 12/21/2010