HomeMy WebLinkAboutCC 2012-11-15 AgendaCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Agenda
Thursday, November 15, 2012
2:00 PM
PLANNING AND ZONING
City Hall Commission Chambers
City Commission
Tomas Regalado, Mayor
Francis Suarez, Chairman
Marc David Sarnoff, Vice -Chairman
Wifredo (Willy) Gort, Commissioner District One
Frank Carollo, Commissioner District Three
Michelle Spence -Jones, Commissioner District Five
Johnny Martinez, City Manager
Julie O. Bru, City Attorney
Dwight S. Danie, City Clerk
City Commission
Meeting Agenda November 15, 2012
ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO.
11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE
CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS,
AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE
IN THE OFFICE OF THE CITY CLERK, CITY HALL.
ANY PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE
CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR
COMMITTEES CONCERNING ANY ISSUE, SHALL DISCLOSE IN WRITING, AT THE
COMMENCEMENT (OR CONTINUANCE) OF THE HEARING(S) ON THE ISSUE THE FOLLOWING
INFORMATION:
1. WHETHER ANY CONSIDERATION HAS BEEN PROVIDED OR COMMITTED, DIRECTLY, OR
ON ITS BEHALF, TO ANY ENTITY OR PERSON FOR AN AGREEMENT TO SUPPORT OR
WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION;
2. TO WHOM THE CONSIDERATION HAS BEEN PROVIDED OR COMMITTED;
3. THE NATURE OF THE CONSIDERATION, AND
4. A DESCRIPTION OF WHAT IS BEING REQUESTED IN EXCHANGE FOR THE
CONSIDERATION.
THE DISCLOSURE FORM WHICH IS AVAILABLE FROM THE CITY CLERK MUST BE READ INTO
THE RECORD BY THE REQUESTING PERSON OR ENTITY PRIOR TO SUBMISSION TO THE
SECRETARY/CLERK OF THE RESPECTIVE BOARD.
PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY
VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS
FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO
OCCURS, OVERRIDE SUCH VETO BYA FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN
PRESENT.
ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES
BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER
AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY
VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING
OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER
REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE
COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO
QUIETLY.
THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND
THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS
AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY
CLERK IN CITY HALL, AT AGENDA OFFICE/MIAMI RIVERSIDE CENTER, OR ON-LINE AT
WWW.MIAMIGOV.COM.
ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING
IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC
HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS
POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY
City ('Miami
Page 2 Printed on 11/5/2012
City Commission
Meeting Agenda November 15, 2012
CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD
APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER.
* * * * * * * *
Formal action may be taken on any item discussed or added to this Agenda. Any person, or
persons, wishing to appeal any decision made by the City Commission with respect to any
matter considered at this meeting or hearing, will require a verbatim record of the proceeding
upon which the appeal is based. Any person with a disability requiring auxiliary aids and
services for meetings may call the City Clerk's Office, 250-5360, with requests at least two
business days before the meeting date.
* * * * * * * * * * * * * * * * * * * * *
The City Commission has established a policy that the lunch recess will begin at the
conclusion of deliberations of the agenda item being considered at Noon; further, that
Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item
being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the
members of the City Commission then present or (b) at the conclusion of the regularly
scheduled agenda, whichever occurs first. This rule does not apply when the City
Commission is engaged in its annual budget hearings (Ordinance 12586).
City nfMiami Page 3 Printed on 11/5/2012
City Commission
Meeting Agenda November 15, 2012
PLANNING AND ZONING ITEMS
The following item(s) shall not be considered before 2:00 PM.
PZ.1
12-00841 Iu
ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE
LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES
SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND
USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF A
PORTION OF FOLIO #01-4121-007-3850, MIAMI, FLORIDA, CONSISTING
OF THE NORTHERN PORTION OF A VACANT IRREGULARLY -SHAPED
PROPERTY LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDA
AVENUE ON THE NORTH, PLAZA STREET ON THE EAST, GRAND
AVENUE ON THE SOUTH, AND DOUGLAS AVENUE ON THE WEST, THE
LOTS IN QUESTION FRONT ON FLORIDAAND PLAZA, MIAMI, FLORIDA;
A SECTION OF FOLIO #01-4121-007-3850 CURRENTLY DESIGNATED
"SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED
COMMERCIAL", LESS A 25-FOOT DEEP PORTION OF THE LOT FACING
FLORIDAAVENUE THAT REMAINS "SINGLE FAMILY RESIDENTIAL", AS
PRESENTED BY THE PLANNING AND ZONING DEPARTMENT AND
RECOMMENDED BY THE PLANNING, ZONING, AND APPEALS BOARD
("PZAB"), RESOLUTION PZAB-R-12-037, AND DEPICTED IN THE
ATTACHED "EXHIBIT B"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately a Portion of Folio #01-4121-007-3850, Consisting
of the Northern portion of a Vacant Irregularly -Shaped Property Located
within the Block Bounded by Florida Avenue on the North, Plaza Street on the
East, Grand Avenue on the South, and Douglas Avenue on the West, the
Lots in Question front on Florida and Plaza [Commissioner Marc David
Sarnoff - District 2]
APPLICANT(S): Tony Recio, Esquire, on behalf of Theodore Roosevelt
Gibson Memorial Fund, Inc.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends denial.
PLANNING, ZONING AND APPEALS BOARD: Recommends approval with
modifications* to City Commission on September 19, 2012 by a vote of 8-1.
See companion File ID 12-00841zc.
*See supporting documentation.
PURPOSE: This will change a portion of the above location to "Low Density
Restricted Commercial", less a 25-foot deep portion of the lot facing Florida
Avenue to remain "Single Family Residential".
City nfMiami Page 4 Printed on 11/5/2012
City Commission
Meeting Agenda November 15, 2012
12-008411u CC 11-15-12 Fact Sheet.pdf
12-008411u Analysis, Maps & PZAB Reso.pdf
12-008411u Application & Supporting Documentation.pdf
12-008411u CC Legislation (Version 3) & Exhibits.pdf
DATE: OCTOBER 25, 2012
MOVER: VICE CHAIR SARNOFF
SECONDER: COMMISSIONER SPENCE-JONES
VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO, SUAREZ AND SPENCE-JONES
ACTION: PASSED ON FIRST READING WITH
MODIFICATIONS --PASSED
City nfMiami Page 5
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City Commission
Meeting Agenda November 15, 2012
PZ.2 ORDINANCE SECOND READING
12-00841zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, BY CHANGING THE ZONING CLASSIFICATION FOR A PORTION
OF FOLIO #01-4121-007-3850, MIAMI, FLORIDA, CONSISTING OF THE
NORTHERN PORTION OFAVACANT IRREGULARLY -SHAPED
PROPERTY LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDA
AVENUE ON THE NORTH, PLAZA STREET ON THE EAST, GRAND
AVENUE ON THE SOUTH, AND DOUGLAS AVENUE ON THE WEST, THE
LOTS IN QUESTION FRONT ON FLORIDAAVENUE AND PLAZA STREET,
MIAMI, FLORIDA; A SECTION OF FOLIO #01-4121-007-3850 CURRENTLY
ZONED "T3-R" SUB -URBAN ZONE WITH AN "NCD-2" VILLAGE WEST
ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION
DISTRICT TO "T4-O" GENERAL URBAN ZONE WITH AN "NCD-2" VILLAGE
WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD
CONSERVATION DISTRICT, LESS A 25-FOOT DEEP PORTION OF THE
LOT FACING FLORIDA AVENUE THAT REMAINS "T3-R" SUB -URBAN
ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES
AVENUE NEIGHBORHOOD CONSERVATION DISTRICT, MIAMI, FLORIDA,
AS PRESENTED BY THE PLANNING AND ZONING DEPARTMENT AND
RECOMMENDED BY THE PLANNING, ZONING, AND APPEALS BOARD
("PZAB"), RESOLUTION PZAB-R-12-037, AND DEPICTED IN "EXHIBIT B",
ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately a Portion of Folio #01-4121-007-3850, Consisting
of the Northern portion of a Vacant Irregularly -Shaped Property Located
within the Block Bounded by Florida Avenue on the North, Plaza Street on the
East, Grand Avenue on the South, and Douglas Avenue on the West, the
Lots in Question front on Florida and Plaza [Commissioner Marc David
Sarnoff - District 2]
APPLICANT(S): Tony Recio, Esquire, on behalf of Theodore Roosevelt
Gibson Memorial Fund, Inc.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends denial.
PLANNING, ZONING AND APPEALS BOARD: Recommends approval with
modifications* to City Commission on September 19, 2012 by a vote of 8-1.
See companion File ID 12-008411u.
*See supporting documentation.
PURPOSE: This will change a portion of the above location to "T4-O" with an
"NCD-2", less a 25-foot deep portion of the lot facing Florida Avenue to
remain "T3-R" with an "NCD-2".
12-00841zc CC 11-15-12 Fact Sheet.pdf
12-00841zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf
12-00841zcApplication & Supporting Documentation.pdf
12-00841zc CC Legislation (Version 3) & Exhibits.pdf
DATE:
OCTOBER 25, 2012
City nfMiami
Page 6 Printed an 11/5/2012
City Commission
Meeting Agenda November 15, 2012
MOVER: VICE CHAIR SARNOFF
SECONDER: COMMISSIONER SPENCE-JONES
VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO, SUAREZ AND SPENCE-JONES
ACTION: PASSED ON FIRST READING WITH
MODIFICATIONS --PASSED
City nfMiami
Page 7 Printed an 11/5/2012
City Commission
Meeting Agenda November 15, 2012
PZ.3 ORDINANCE SECOND READING
12-00923zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION
FROM "T4-R" GENERAL URBAN ZONE AND "T5-O" URBAN CENTER
ZONE TO "T5-O" URBAN CENTER ZONE (THE EASTERN PORTION +/-
27,143 SQUARE FEET OF BLOCK ONLY), FOR THE PROPERTY
LOCATED AT APPROXIMATELY 7301 BISCAYNE BOULEVARD, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 7301 Biscayne Boulevard [Commissioner Marc
David Sarnoff - District 2]
APPLICANT(S): Lucia Dougherty, Esquire, on behalf of Vagabond Motel,
Inc., Owner and Avra Jain / Googie Enterprises, LLC, Contract Purchaser
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends approval.
PLANNING, ZONING AND APPEALS BOARD: Recommends approval to
City Commission on September 19, 2012 by a vote of 9-0.
PURPOSE: This will change the property to "T5-O".
12-00923zc CC 11-15-12 Fact Sheet.pdf
12-00923zc Analysis, Maps, Zoning Referral & PZAB Reso.pdf
12-00923zc Application & Supporting Documentation.pdf
12-00923zc CC Legislation (Version 2) & Exhibit.pdf
DATE: OCTOBER 25, 2012
MOVER: VICE CHAIR SARNOFF
SECONDER: COMMISSIONER SPENCE-JONES
VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO, SUAREZ AND SPENCE-JONES
ACTION: PASSED ON FIRST READING --PASSED
City ofMiami Page 8
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City Commission
Meeting Agenda November 15, 2012
PZ.4 ORDINANCE SECOND READING
11-00806zt 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 MODIFYING
ARTICLE 1, SECTION 1.2. ENTITLED "DEFINITION OF TERMS" AND
ARTICLE 3, SECTION 3.6.3, ENTITLED "ADDITIONAL OFF-STREET
PARKING REGULATIONS", TO ESTABLISH CONDITIONS AND
STATIONING REQUIREMENTS FOR RECREATIONAL WATERCRAFTS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends approval.
PLANNING, ZONING AND APPEALS BOARD: For File ID 10-00963zt1,
recommended approval to City Commission on May 18, 2011 by a vote of
7-1.
PURPOSE: This will establish regulations and requirements for recreational
watercrafts.
11-00806zt CC 11-15-12 Fact Sheet.pdf
11-00806zt PZAB (10-00963zt1) Reso & Fully -Executed CC Legislation (Ver. 2).pdf
DATE: SEPTEMBER 15, 2011
MOVER: COMMISSIONER SPENCE-JONES
SECONDER: COMMISSIONER SARNOFF
VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO, SUAREZ AND SPENCE-JONES
ACTION: PASSED ON FIRST READING --PASSED
DATE: OCTOBER 27, 2011
MOVER: COMMISSIONER SUAREZ
SECONDER: VICE CHAIR CAROLLO
VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO, SUAREZ AND SPENCE-JONES
ACTION: CONTINUED --PASSED
DATE: NOVEMBER 17, 2011
MOVER: VICE CHAIR CAROLLO
SECONDER: COMMISSIONER SARNOFF
VOTE: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND
CAROLLO
ABSENT: 2 - COMMISSIONER(S) SUAREZ AND
SPENCE-JONES
ACTION: DEFERRED --PASSED
City nfMiami Page 9
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City Commission
Meeting Agenda November 15, 2012
DATE: JANUARY 26, 2012
MOVER: VICE CHAIR SARNOFF
SECONDER: COMMISSIONER CAROLLO
VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO, SUAREZ AND SPENCE-JONES
ACTION: CONTINUED --PASSED
DATE: FEBRUARY 23, 2012
MOVER: VICE CHAIR SARNOFF
SECONDER: COMMISSIONER GORT
VOTE: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND
SUAREZ
ABSENT: 2 - COMMISSIONER(S) CAROLLO AND
SPENCE-JONES
ACTION: CONTINUED --PASSED
DATE: MARCH 22, 2012
MOVER: COMMISSIONER CAROLLO
SECONDER: VICE CHAIR SARNOFF
VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO AND SUAREZ
ABSENT: 1 - COMMISSIONER(S) SPENCE-JONES
ACTION: DEFERRED --PASSED
DATE: MAY 24, 2012
MOVER: VICE CHAIR SARNOFF
SECONDER: COMMISSIONER CAROLLO
VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO AND SUAREZ
ABSENT: 1 - COMMISSIONER(S) SPENCE-JONES
ACTION: CONTINUED --PASSED
DATE: JUNE 28, 2012
MOVER: COMMISSIONER CAROLLO
SECONDER: VICE CHAIR SARNOFF
VOTE: AYES: 3 - COMMISSIONER(S) SARNOFF, CAROLLO AND
SUAREZ
ABSENT: 2 - COMMISSIONER(S) GORT AND
SPENCE-JONES
ACTION: CONTINUED --PASSED
DATE: JULY 26, 2012
MOVER: COMMISSIONER CAROLLO
SECONDER: COMMISSIONER GORT
VOTE: AYES: 4 - COMMISSIONER(S) GORT, CAROLLO,
SUAREZ AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER(S) SARNOFF
ACTION: CONTINUED --PASSED
City of Miami Page 10
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City Commission
Meeting Agenda November 15, 2012
DATE: SEPTEMBER 27, 2012
MOVER: VICE CHAIR SARNOFF
SECONDER: COMMISSIONER GORT
VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF,
SUAREZ AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER(S) CAROLLO
ACTION: CONTINUED --PASSED
DATE: OCTOBER 25, 2012
MOVER: VICE CHAIR SARNOFF
SECONDER: COMMISSIONER SPENCE-JONES
VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO, SUAREZ AND SPENCE-JONES
ACTION: CONTINUED --PASSED
City of Miami Page 11
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City Commission
Meeting Agenda November 15, 2012
PZ.5 ORDINANCE FIRST READING
12-00084zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION
FROM "T6-12-0" URBAN CORE TRANSECT ZONE TO "T6-24-0" URBAN
CORE TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3601, 3651, 3681 AND 3701 NORTH MIAMI AVENUE;
3610, 3620 AND 3630 NORTHEAST MIAMI COURT; AND 17 AND 25
NORTHEAST 36TH STREET, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 3601, 3651, 3681 and 3701 North Miami Avenue;
3610, 3620 and 3630 NE Miami Court; and 17 and 25 NE 36th Street
[Commissioner Michelle Spence -Jones - District 5]
APPLICANT(S): Neisen O. Kasdin, Esquire, on behalf of Fifteen Midtown
Properties, LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends denial.
PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City
Commission on June 6, 2012 by a vote of 9-0. See companion File ID
12-00084ac.
PURPOSE: This will change the above properties to "T6-24-0" Urban Core
Transect Zone.
12-00084zc CC 11-15-12 Fact Sheet.pdf
12-00084zc Analysis, Color Maps & PZAB Reso.pdf
12-00084zc Application & Supporting Documentation.pdf
12-00084zc CC Legislation (Version 3) & Exhibit.pdf
DATE: APRIL 26, 2012
MOVER: COMMISSIONER SPENCE-JONES
SECONDER: COMMISSIONER GORT
VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO, SUAREZ AND SPENCE-JONES
ACTION: CONTINUED --PASSED
DATE: MAY 24, 2012
MOVER: COMMISSIONER GORT
SECONDER: COMMISSIONER CAROLLO
VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO, SUAREZ AND SPENCE-JONES
ACTION: CONTINUED --PASSED
DATE: JUNE 28, 2012
City ofMiami Page 12
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City Commission
Meeting Agenda November 15, 2012
MOVER: COMMISSIONER CAROLLO
SECONDER: VICE CHAIR SARNOFF
VOTE: AYES: 3 - COMMISSIONER(S) SARNOFF, CAROLLO AND
SUAREZ
ABSENT: 2 - COMMISSIONER(S) GORT AND
SPENCE-JONES
ACTION: DEFERRED --PASSED
DATE: SEPTEMBER 27, 2012
MOVER: VICE CHAIR SARNOFF
SECONDER: COMMISSIONER GORT
VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF,
SUAREZ AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER(S) CAROLLO
ACTION: DEFERRED --PASSED
City of. iami Page 13 Printed on 11/5/2012
City Commission
Meeting Agenda November 15, 2012
PZ.6 ORDINANCE FIRST READING
12-011151u 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 FUTURE LAND USE DESIGNATION OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 3400
GRAND AVENUE, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL"
TO "PUBLIC PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 3400 Grand Avenue [Commissioner Marc David
Sarnoff - District 2]
APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends approval.
PLANNING, ZONING AND APPEALS BOARD: Recommends approval to
City Commission on October 17, 2012 by a vote of 11-0. See companion File
ID 12-01115zc.
PURPOSE: This will change the above property to "Public Parks and
Recreation".
12-011151u CC 11-15-12 Fact Sheet.pdf
12-01115lu Analysis, Color Maps & PZAB Reso.pdf
12-011151u CC Legislation (Version 2) & Exhibits.pdf
City ofMiami Page 14
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City Commission
Meeting Agenda November 15, 2012
PZ.7
12-01115zc
ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION
FROM "T5-O" URBAN CENTER ZONE TO "CS" CIVIC SPACE ZONE, FOR
THE PROPERTY LOCATED AT APPROXIMATELY 3400 GRAND AVENUE,
MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 3400 Grand Avenue [Commissioner Marc David
Sarnoff - District 2]
APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends approval.
PLANNING, ZONING AND APPEALS BOARD: Recommends approval to
City Commission on October 17, 2012 by a vote of 11-0. See companion File
ID 12-011151u.
PURPOSE: This will change the above property to "CS".
12-01115zc CC 11-15-12 Fact Sheet.pdf
12-01115zc Analysis, Color Maps & PZAB Reso.pdf
12-01115zc CC Legislation (Version 2) & Exhibits.pdf
City nfMiami Page 15 Printed on 11/5/2012
City Commission
Meeting Agenda November 15, 2012
PZ.8 ORDINANCE FIRST READING
12-011801u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE
LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES
SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE
FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1)
2970-2996 SOUTHWEST 4TH STREET, 2979 AND 2981 SOUTHWEST
5TH STREET AND 445 SOUTHWEST 30TH AVENUE, MIAMI, FLORIDA,
FROM "SINGLE FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL", AND
2) THE WESTERN PORTION OF 195 NORTHWEST 2ND STREET AND
200 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FROM "MAJOR
INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES" WITHIN THE "URBAN CENTRAL BUSINESS DISTRICT
(UCBD)" TO "CENTRAL BUSINESS DISTRICT (CBD)" WITHIN THE
"URBAN CENTRAL BUSINESS DISTRICT (UCBD)"; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 1) 2970-2996 SW 4th Street, 2979 & 2981 SW
5th Street and 445 SW 30th Avenue [Commissioner Francis Suarez - District
4] and 2) The Western Portion of 195 NW 2nd Street and 200 NW 1st
Avenue [Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends approval.
PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on
November 7, 2012. See companion File Ds 12-01180zc and 12-01180zt.
PURPOSE: This will change the above properties to 1) "Duplex Residential"
and 2) "CBD" within the "UCBD".
12-011801u CC 11-15-12 Fact Sheet.pdf
12-011801u Analyses, Color Maps & School Brd Concurrency.pdf
12-011801u CC Legislation (Version 2) & Exhibits.pdf
City ofMiami Page 16
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City Commission
Meeting Agenda November 15, 2012
PZ,9 ORDINANCE FIRST READING
12-01180zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, BY CHANGING THE ZONING CLASSIFICATION FROM 1) "T3-L"
SUB -URBAN ZONE -LIMITED TO "T3-O" SUB -URBAN ZONE -OPEN AT
SOUTHWEST 4TH AND 5TH STREETS AT 30TH AVENUE, MIAMI,
FLORIDA; 2) "T4-R" GENERAL URBAN ZONE -RESTRICTED TO "T5-O"
URBAN CENTER ZONE -OPEN AT THE NORTHWEST CORNER OF
SOUTHWEST 27TH AVENUE AND DAY AVENUE, MIAMI, FLORIDA; 3)
"T5-L" URBAN CENTER ZONE -LIMITED TO "T5-O" URBAN CENTER
ZONE -OPEN AT THE NORTH SIDE OF BIRD ROAD BETWEEN
SOUTHWEST 37TH COURT AND SOUTHWEST 39TH AVENUE, MIAMI,
FLORIDA; 4) "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O"
URBAN CENTER ZONE -OPEN AT APPROXIMATELY 5808 NORTHEAST
4TH COURT AND 454 NORTHEAST 58TH STREET, MIAMI, FLORIDA; 5)
"T5-L" URBAN CENTER ZONE -LIMITED TO "T5-0" URBAN CENTER
ZONE -OPEN AT THE PROPERTIES SOUTH OF TIGERTAILAVENUE
BETWEEN SOUTHWEST 27TH AVENUE AND MARY STREET, MIAMI,
FLORIDA; 6) "T1" NATURAL ZONE WITH AN "NCD-3" COCONUT GROVE
NEIGHBORHOOD CONSERVATION DISTRICT TO "CS" CIVIC SPACE
WITH AN "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION
DISTRICT AT APPROXIMATELY 2731 AND 2901 BRICKELL AVENUE,
MIAMI, FLORIDA; AND 7) "Cl" CIVIC INSTITUTION TO "T6-80-0" URBAN
CORE -OPEN AT THE WESTERN PORTION OF 195 NORTHWEST 2ND
STREET AND 200 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA,
FURTHER IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED;
FURTHER, THE PLANNING AND ZONING DEPARTMENT HAVING
CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE
ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.B.2, HAS FOUND
THE CHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE
DEVELOPMENT DIRECTION OF THE CITY OF MIAMI'S
NEIGHBORHOODS, RESULTING ZONING CHANGES APPROVED
THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS,
PURSUANT TO SECTION 7.1.2.8.6.2, SHALL NOT PROHIBIT, PREVENT
OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN
FROM APPLYING FOR A REZONING PURSUANT TO SECTION
7.1.2.8.G.5; FURTHER DIRECTING THE PLANNING AND ZONING
DEPARTMENT TO REVERT ANY ACCOMPANYING FUTURE LAND USE
CHANGE ADOPTED FOR ANY ZONING CHANGE NOT APPROVED IN
THIS ORDINANCE IN ORDER TO MAINTAIN CONSISTENCY BETWEEN
THE ZONING ATLAS OF ORDINANCE NO. 13114 AND THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE MAP;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Certain Properties Citywide
APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of
Miami
FINDING(S):
City nfMiami Page 17 Printed on 11/5/2012
City Commission
Meeting Agenda November 15, 2012
PLANNING AND ZONING DEPARTMENT: Recommends approval.
PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on
November 7, 2012. See companion File Ds 12-011801u and 12-01180zt.
PURPOSE: This will change certain properties to the zoning designation
described above.
12-01180zc CC 11-15-12 CC Fact Sheet.pdf
12-01180zc Analyses, Color Maps & School Brd Concurrency.pdf
12-01180zc CC Legislation (Version 2) & Exhibits.pdf
City ofMiami Page 18
Printed on 11/5/2012
City Commission
Meeting Agenda November 15, 2012
PZ.10
12-01180zt
ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 3, SECTION 3.3.6.F.,
ENTITLED, "TIGERTAIL AVENUE", BY UPDATING THE "TIGERTAIL
AVENUE" ESTABLISHED SETBACK AREA; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately the SE Side of Tigertail Avenue between Darwin
Street and Aviation Avenue [Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends approval.
PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on
November 7, 2012. See companion File Ds 12-011801u and 12-01180zc.
PURPOSE: This will modify the applicability of the "Tigertail Avenue"
Established Setback Area to allow for pedestrian -friendly setbacks within the
center Coconut Grove commercial area.
12-01180zt CC 11-15-12 Fact Sheet.pdf
12-01180zt CC Legislation (Version 2).pdf
City ofMiami Page 19
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City Commission
Meeting Agenda November 15, 2012
PZ.11
12-00942zt
ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 3, ENTITLED, "GENERAL TO
ZONES", SECTIONS 3.3.1 AND 3.6.1, TO PROVIDE REGULATIONS FOR
ACCESSORY PARKING; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends approval.
PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on
November 7, 2012.
PURPOSE: This will clarify and modify regulations and processes to allow
accessory parking that is adjacent to a principal use currently not provided in
the Code. Such parking is subordinate and incidental to the primary use that
is located in a commercial corridor. Such use is subject to either an
administrative or public process, depending on the zoning of the lot.
09-00942zt CC 11-15-12 Fact Sheet.pdf
09-00942zt CC Legislation (Version 2).pdf
City ofMiami Page 20
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City Commission
Meeting Agenda November 15, 2012
PZ.12
09-00140cm
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING A MODIFICATION OF A DECLARATION OF
RESTRICTIVE COVENANTS DATED JULY 21, 2009, A COPY BEING
ATTACHED AS AN EXHIBIT AND RECORDED IN OFFICIAL RECORDS
BOOK 27027, PAGES 4518-4520, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1028 AND 1040 SOUTHWEST 36TH COURT; 985, 995
AND 1031 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA.
LOCATION: Approximately 1028 and 1040 SW 36th Court; 985, 995 and
1031 SW 37th Avenue [Commissioner Francis Suarez - District 4]
APPLICANT(S): Iris Escarra, Esquire, on behalf of Gables 37, LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends approval.
PLANNING, ZONING AND APPEALS BOARD: Pending recommendation
on November 7, 2012.
PURPOSE: This proposed modification will amend certain restrictions to the
existing covenant.
09-00140cm CC 11-15-12 Fact Sheet.pdf
09-00140cm Analysis & Color Maps.pdf
09-00140cm Application & Supporting Documentation.pdf
09-00140cm CC Legislation (Version 2) & Exhibits.pdf
City ofMiami
Page 21
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City Commission
Meeting Agenda November 15, 2012
PZ.13
12-00252za
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY GILBERTO
PASTORIZA, AFFIRMING OR REVERSING THE DECISION OF THE
PLANNING, ZONING AND APPEALS BOARD, THEREBY UPHOLDING OR
REVERSING THE ZONING ADMINISTRATOR INTERPRETATION 12-0001
DATED FEBRUARY 16, 2012, REGARDING ACCESSORY PARKING.
LOCATION: Citywide
APPELLANT(S)/REQUESTOR(S): Gilberto Pastoriza, Esquire, on behalf of
Barlington Group, LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends denial of the
appeal and uphold the Zoning Administrator's Interpretation.
PLANNING, ZONING AND APPEALS BOARD: Denied the Zoning
Administrator Interpretation appeal on April 4, 2012 by a vote of 5-3.
PURPOSE: The approval of this appeal may result in the reversal of a
zoning interpretation regarding accessory parking.
12-00252za CC 11-15-12 Fact Sheet.pdf
12-00252za PZAB & Zoning Adm. Appeal Docs.pdf
12-00252za CC Executed Legis. (Vers. 3 & 4) & Interpretation.pdf
DATE: MAY 24, 2012
MOVER: COMMISSIONER GORT
SECONDER: COMMISSIONER CAROLLO
VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO, SUAREZ AND SPENCE-JONES
ACTION: CONTINUED --PASSED
DATE: JUNE 28, 2012
MOVER: COMMISSIONER CAROLLO
SECONDER: VICE CHAIR SARNOFF
VOTE: AYES: 3 - COMMISSIONER(S) SARNOFF, CAROLLO AND
SUAREZ
ABSENT: 2 - COMMISSIONER(S) GORT AND
SPENCE-JONES
ACTION: DEFERRED --PASSED
DATE: SEPTEMBER 27, 2012
MOVER: COMMISSIONER CAROLLO
SECONDER: COMMISSIONER GORT
VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO AND SUAREZ
ABSENT: 1 - COMMISSIONER(S) SPENCE-JONES
ACTION: DEFERRED --PASSED
City ofMiami
Page 22
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City Commission
Meeting Agenda November 15, 2012
PZ.14
12-00887ha
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR
GRANTING THE APPEAL FILED BY THE CUSHMAN SCHOOL, OWNER,
AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC
AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED A
SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION
OF A HISTORICALLY -CONTRIBUTING STRUCTURE LOCATED AT
APPROXIMATELY 5973 NORTHEAST 5TH AVENUE, WITHIN THE PALM
GROVE HISTORIC DISTRICT, MIAMI, FLORIDA.
LOCATION: Approximately 5973 NE 5th Avenue [Commissioner Marc David
Sarnoff - District 2]
APPELLANT(S)/APPLICANT(S): Javier Fernandez, Esquire, on behalf of
The Cushman School, Inc.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends denial of the
appeal and denial of the Special Certificate of Appropriateness.
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied the
Special Certificate of Appropriateness on July 20, 2012 by a vote of 5-0.
PURPOSE: The approval of this appeal will allow a historically -contributing
home to be demolished in order to allow a playground at the school.
12-00887ha CC 11-15-12 Fact Sheet.pdf
12-00887ha Color Maps.pdf
12-00887ha Appeal Letter & Supporting Documents.pdf
12-00887ha Additional Backup Materials.pdf
12-00887ha Legislation (Versions 2 & 3).pdf
DATE: SEPTEMBER 27, 2012
MOVER: VICE CHAIR SARNOFF
SECONDER: COMMISSIONER GORT
VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF,
SUAREZ AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER(S) CAROLLO
ACTION: DEFERRED --PASSED
City nfMiami Page 23 Printed on 11/5/2012
City Commission
Meeting Agenda November 15, 2012
PZ.15
04-01208a
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DENYING THE APPEAL BY THE MORNINGSIDE CIVIC
ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT
CRAWFORD AND ELVIS CRUZ, AFFIRMING THE DECISION OF THE
MIAMI ZONING BOARD, IN ACCORDANCE WITH THE OPINION OF THE
THIRD DISTRICT COURT OF APPEAL, THEREBY APPROVING THE
CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309 ISSUED ON JULY
21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY
LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A."
LOCATION: Approximately 5101 Biscayne Boulevard [Commissioner Marc
David Sarnoff - District 2]
APPELLANT(S): Michael A. Sastre, Esquire, on behalf of the Morningside
Civic Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis
Cruz, Adjacent Property Owners
APPLICANT(S): Susan E. Trench, Esquire, on behalf of Chetbro, Inc.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended denial of the
appeal and uphold the director's decision.
ZONING BOARD: Denied the Class II Special Permit appeal on October 4,
2004 by a vote of 8-0.
PURPOSE: The approval of this appeal will not allow the new construction of
a mixed -use structure.
HISTORY:
1) On November 18, 2004, the City Commission granted the appeal.
2) On December 9, 2004, the City Commission reconsidered the item.
3) On September 22, 2005, the City Commission granted the appeal.
4) On July 9, 2007, the Zoning Board adopted the stipulation that the
appellant and appellee agree that the decision of the Zoning Board is waived
and that the permit be heard by the City Commission in accordance with the
amended opinion of the Circuit Court Appellate Division dated July 14, 2006.
5) On October 7, 2009, the Third District Court of Appeal ordered that the
City Commission limit its review to the record of the Zoning Board.
6) On February 28, 2008, the City Commission denied the appeal.
7) On May 27, 2010, the City Commission denied the appeal.
8) As a conclusion to the various appeals to the Circuit Court and District
Court of Appeal, a mandate was issued directing the City Commission to
comply with the April 25, 2012 Order of the Court.
City ofMiami
Page 24
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Meeting Agenda November 15, 2012
04-01208a CC 11-15-12 Fact Sheet.pdf
04-01208a Zoning and Aerial Maps.pdf
04-01208a Court Orders.pdf
04-01208a ZB Reso & Transcript.pdf
04-01208a Appeal Ltr, Final Decision, UDRB Reso & Zoning Referral.pdf
04-01208a CC Legislation (Version 1) & Exhibits.pdf
END OF PLANNING AND ZONING ITEMS
City ofMiami Page 25
Printed on 11/5/2012