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HomeMy WebLinkAboutCC 2012-11-15 Marked AgendaCity of Miami Marked Agenda 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 Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, November 15, 2012 2:00 PM City Hall Commission Chambers Present: Commissioner Gort, Vice Chair Sarnoff, Commissioner Carollo and Chair Suarez Absent: Commissioner Spence -Jones On the 15th day of November 2012, 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 Planning and Zonning Commission Meeting was called to order by Chair Suarez at 2:02 p.m., and adjourned at 2:52 p.m. Note for the Record: Commissioner Gort entered the Commission chambers at 2:08 p.m., Vice Chair Sarnoff entered the Commission chambers at 2:12 p.m., and Commissioner Carollo entered the Commission chambers at 2:33 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Johnny Martinez, P.E., City Manager Dwight S. Danie, City Clerk PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 2:00 PM. ORDER OF THE DAY City of Miami Page 1 Printed on 1/ 27/20/2 City Commission Marked Agenda November 15, 2012 PZ.1 ORDINANCE Second Reading 12-00841 Iu 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". 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 12-008411u Submittal- Williams Armbrister.pdf MOVED: Marc David Sarnoff City of Miami Page 2 Printed an 11/27/2012 City Commission Marked Agenda November 15, 2012 SECONDED: Wifredo (Willy) Gort Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones Note for the Record: Item PZ.1 was deferred to the January 24, 2013 Commission Meeting. PZ.2 ORDINANCE 12-00841zc Second Reading 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. City of Miami Page 3 Printed an 11/27/2012 City Commission Marked Agenda November 15, 2012 PZ.3 12-00923zc 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 MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones Note for the Record: Item PZ.2 was deferred to the January 24, 2013 Commission Meeting. ORDINANCE Second 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 "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. City of Miami Page 4 Printed an 11/27/2012 City Commission Marked Agenda November 15, 2012 PZ.4 11-00806zt 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 12-00923zcAnalysis, Maps, Zoning Referral & PZAB Reso.pdf 12-00923zc Application & Supporting Documentation.pdf 12-00923zc CC Legislation (Version 2) & Exhibit.pdf 13350 MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones 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 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 City of Miami Page 5 Printed an 11/27/2012 City Commission Marked Agenda November 15, 2012 PZ.5 12-00084zc MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones 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 "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 12-00084zcAnalysis, Color Maps & PZAB Reso.pdf 12-00084zc Application & Supporting Documentation.pdf 12-00084zc CC Legislation (Version 3) & Exhibit.pdf MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones Note for the Record: Item PZ.5 was deferred to the January 24, 2013 Commission Meeting. PZ.6 ORDINANCE First Reading City of Miami Page 6 Printed on 11/27/20 / 2 City Commission Marked Agenda November 15, 2012 12-01115Iu PZ.7 12-01115zc 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 12-011151u Analysis, Color Maps & PZAB Reso.pdf 12-011151u CC Legislation (Version 2) & Exhibits.pdf MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones 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. City of Miami Page 7 Printed on 11/27/20/2 City Commission Marked Agenda November 15, 2012 PZ.8 12-01180I u 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 Analysis, Color Maps & PZAB Reso.pdf MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones ORDINANCE First 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 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. City of Miami Page 8 Printed an 11/27/2012 City Commission Marked Agenda November 15, 2012 PZ.9 12-01180zc 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 Analyses, Color Maps & School Brd Concurrency.pdf MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones ORDINANCE First Reading 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 "T5-0" 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 "T5-0" 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-O" URBAN CENTER ZONE -OPEN AT THE PROPERTIES SOUTH OF TIGERTAILAVENUE BETWEEN SOUTHWEST 27TH AVENUE AND MARY STREET, MIAMI, FLORIDA; AND 6) "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 City of Miami Page 9 Printed an 11/27/2012 City Commission Marked Agenda November 15, 2012 NEIGHBORHOODS, RESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.B.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): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications* on November 7, 2012 by a vote of 10-0. See companion File IDs 12-011801u and 12-01180zt. *See supporting documentation. PURPOSE: This will change certain properties to the zoning designation described above. 12-01180zcAnalyses, Color Maps & School Brd Concurrency.pdf MOVED: SECONDED: Wifredo (Willy) Gort Marc David Sarnoff Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones PZ.10 ORDINANCE First Reading 12-01180zt 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, "TIGERTAILAVENUE", BY UPDATING THE "TIGERTAIL AVENUE" ESTABLISHED SETBACK AREA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 10 Printed on 11/27/20/2 City Commission Marked Agenda November 15, 2012 PZ.11 12-00942zt 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. MOVED: SECONDED: Wifredo (Willy) Gort Marc David Sarnoff Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones 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. MOVED: Wifredo (Willy) Gort SECONDED: Marc David Sarnoff Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. City of Miami Page 11 Printed on 11/27/20 / 2 City Commission Marked Agenda November 15, 2012 AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones PZ.12 RESOLUTION 09-00140cm 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 R-12-0447 MOVED: SECONDED: Wifredo (Willy) Gort Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones PZ.13 RESOLUTION 12-00252za 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. City of Miami Page 12 Printed on 11/27/20/2 City Commission Marked Agenda November 15, 2012 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 MOVED: SECONDED: Marc David Sarnoff Wifredo (Willy) Gort Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones Note for the Record: Item PZ.13 was deferred to the February 28, 2013 Commission Meeting. PZ.14 RESOLUTION 12-00887ha A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY CUSHMAN SCHOOL, OWNER, AND 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. 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 12-00887ha Submittal - Javier Fernandez in Support of Appeal.pdf R-12-0448 MOVED: SECONDED: Marc David Sarnoff Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez City of Miami Page 13 Printed on 11/27/20/2 City Commission Marked Agenda November 15, 2012 ABSENT: Commissioner(s) Spence -Jones PZ.15 RESOLUTION 04-01208a 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 of Miami Page 14 Printed on 11/27/20/2 City Commission Marked Agenda November 15, 2012 ADJOURNMENT 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 MOVED: Marc David Sarnoff SECONDED: Wifredo (Willy) Gort Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Spence -Jones END OF PLANNING AND ZONING ITEMS The meeting adjourned at 2:52 p.m. City of Miami Page 15 Printed on 1 1/27/20 / 2