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HomeMy WebLinkAboutCC 2012-11-15 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes 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 Minutes November 15, 2012 ORDER OF THE DAY 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. in. Note for the Record: Commissioner Gort entered the Commission chambers at 2: 08 p.m., Vice Chair Sarnoff at 2:12 p.m., and Commissioner Cavallo 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 Vice Chair Sarnoff: (INAUDIBLE). Madam. Attorney, could you please read the procedures to be followed for the P&Z (Planning & Zoning) ? Dwight S. Danie (City Clerk): Is that what you're going to do? Chair Suarez: Yeah. Do you want to switch over to P&Z? Maria J. Chiaro (Deputy City Attorney): Mr. Chair. Chair Suarez: Yes. Ms. Chiaro: Today the PZ -- Chair Suarez: Combined. Ms. Chiaro: -- meeting is a separate meeting. Chair Suarez: Oh, it is? Ms. Chiaro: So -- yes. Mr. Danie: So we'll have to -- Ms. Chiaro: Since we're having two meetings on one day. So you need to open the PZ meeting before you can take up PZ -- Chair Suarez: Can we at least open it and swear in the people who are here. Okay, so let's open the PZ meeting. Let's swear in whomever is here and is going to provide testimony so -- Mr. Danie: Okay, can we -- just give us one -- Chair Suarez: Of course, of course. Mr. Danie: And we need -- this one isn't -- do you open up this -- the regular meeting. We need City of Miami Page 2 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 to sort of recess. Chair Suarez: Yeah, we're going to recess the regular meeting. We're going to open up the Planning and Zoning so we can swear in the witnesses and read the procedures -- Mr. Danie: Thank you. Chair Suarez: -- till we have a quorum. We niay stay with P&Z if we have a quorum, but Commissioners who are related to items that are in the regular agenda are not ready yet, I think Mr. Danie: Okay. Chair Suarez: -- we'll just get business done. I know there's some people that have time sensitivities today. [Later..] Ms. Chiaro: (INAUDIBLE) shall proceed according to Section 7.1.4 of the Miami 21 zoning code. Before any PZ item is heard, all those wishing to speak will be sworn by the City Clerk. Staff will briefly describe each item as it is to he heard. The members of the City Commission shall disclose any ex parte communications. The appellant or petitioner will then present the requests and may waive the right to an evidentiary hearing. The order of presentation shall be described in the City -- as described in the City code. Members of the public will be permitted to speak on certain items. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the required action. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Chair Suarez: Thank you, Madam Attorney. Mr. Clerk, do you want to swear in the witnesses. Mr. Danie: Okay. Anybody who wishes to speak on a P&Z item, please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Mr. Danie: Thank you. Chair Suarez: Thank you. And just for the benefit of the members in the audience, we're set to reconvene at 2, but we don't have a quorum, so we were just trying to get housekeeping matters done so that when we do have a quorum, things will move along quicker. So we appreciate your patience, and we apologize that we don't have a quorum at this precise moment. We will wait until we have a quorum of Commissioners. If we have -- if we do not have some Commissioners on an item. that we have as a time certain item at 2 p.m., which is the bond item, then we'll probably just continue with the P&Z and try to -- I know that some people have some time issues related to things in the afternoon. We'll try to get our continuances and deferrals out of the way and we'll try to get, you know, time sensitive matters done as quickly as possible. (INAUDIBLE) and come hack to the regular agenda to finish it up. Mr. Garcia, what are the PZ items that you wish to continue, defer, or withdraw? Francisco Garcia: Thank you, Mr. Chair. For the record, Francisco Garcia, Planning & Zoning director. At this point in time, and because I know the applicants or appellants for the different cases happen to he here and they will be asking for continuances themselves, the one City of Miami Page 3 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 item I would like to askfor a continuance of is the -- is one City -sponsored item, which is item PZ.4 -- Chair Suarez: To when? Mr. Garcia: -- which pertains to the establishment of conditions for recreational watercraft. That item we are requesting he continued for the December meeting. Chair Suarez: Thank you. Is there any other items? Gilberto Pastoriza: Mr. Chairman, Commissioners, how are you? Chair Suarez: Very well. Thank you. Mr. Pastoriza: Gilberto Pastoriza, 2525 Ponce De Leon. I'm here on item. PZ.13, and this is an appeal of a decision from the Zoning director. Your staff is working on an ordinance that is going to he before you probably in January that will resolve this issue. So therefore, I would beg that you defer this matter 'til your February agenda. In the event that that ordinance gets adopted, I will he withdrawing this item. Chair Suarez: Perfect. Thank you, Mr. Pastoriza. Anything else? Any other -- yes. Thank you. Javier Fernandez: Good afternoon, Mr. Chair, members of the hoard. Javier Fernandez, here on PZ.5. We've been meeting with a couple of the neighborhood associations on that matter and have been asked to provide them some additional information. And as such, we'd ask you to continue the item to the January agenda, January 24 agenda of 2013. Chair Suarez: Thank you. Anyone else? Ms. Chiaro: Mr. Chair -- Chair Suarez: Yes. Ms. Chiaro: -- there is -- the last item on your PZ agenda, the Class 11 appeal, 1 be -- oh, the attorney representing one of the parties is here, but this is almost a purely legal matter and so I'll let Ms. Escarra -- Iris Escarra: Hi. Good afternoon, everyone. Iris Escarra, with offices at 333 Avenue of the Americas, on behalf of Lucia Dougherty, nay partner, who was not ahle to he here today. The attorneys and counsel on the last item. have agreed to defer this item to the December agenda, so we're asking for a one -month extension and deferral until such date. Chair Suarez: Thank you. Any further continuances? Mr. Dante: December -- Chair Suarez:: I'm sorry? It's 14 and 15, I believe. It's PZ.14 and 15. Ms. Chiaro: No. Ms. Escarra: Just 15. Ms. Chiaro: PZ.15. Vice Chair Sarnoff: The last one is -- City of Miami Page 4 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: My apologies. Ms. Escarra: Yeah. Chair Suarez: PZ.15, not 14. Ms. Escarra: Correct. Mr. Garcia: Only PZ.15, correct. Chair Suarez: My apologies. Vice Chair Sarnoff: Well, there goes my hour. Commissioner Gort: Anybody else? Vice Chair Sarnoft Last time I study. Chair Suarez: So PZ.15, that's going to be deferred until the December meeting. Is that correct? Ms. Escarra: Please. Chair Suarez: Okay. Any other ones, deferrals, continuances, withdrawals? Vice Chair Sarnoff: I'd like to defer -- Is it time for us? Chair Suarez: Yes, sir. Tice Chair Sarnoff Okay, PZ.1 and PZ.2, I'd like to defer. I'd like to defer that 'til the first PZ meeting in the new year. Chair Suarez: First PZ meeting in January. Okay. Is there a motion to defer and continue the items as articulated by Mr. Garcia, the Vice Chair, and the different applicants? You have another one? Tony Recio: No. That's PZ.1 and 2. May I -- we do have a --- an MOU (Memorandum of Understanding) that we've been working on with the college. I wanted to show that to you, ifI may. Tice Chair Sarnoff • You know, in the words of Commissioner Carollo, what he would say, I haven't had the opportunity to read it. I haven't had the opportunity to consider it, and for me to do it right now would be really unfair to the Chair. Mr. Recio: Understood. Chair Suarez: So can you get that information to him? Mr. Recio: I will get that -- Chair Suarez: Okay. Mr. Recio: -- information to him. Chair Suarez: Perfect. So as articulated by the Vice Chair and as articulated by the different City afMiam,i Page 5 Printed an 12/10/2012 City Commission Meeting Minutes November 15, 2012 parties, is there a motion? Commissioner Gort: Move it. Tice Chair Sarnoff • So move. Chair Suarez: Moved by the Vice Chair, second by Commissioner Gort. Mr. Garcia: IfI may, Mr. Chair. Chair Suarez: Yes. Mr. Garcia: Just to -- Chair Suarez: You want me to reread them? Mr. Garcia: -- clar -- if I may restate them. Chair Suarez: Sure. Mr. Garcia: Or I defer to you if you have the list. Chair Suarez: Sure. My understanding is that it will be a deferral of PZ.1 and 2 until the Planning and Zoning agenda in January; a continuance ofPZ.4 and 5 to the December agenda. That's the next like agenda. No? M. Chiarn: No. Mr. Garcia: I understood item PZ.5 to be deferred to January 24. Someone please correct me. Mr. Dante: That's -- Chair Suarez: January what? Mr. Garcia: Twenty fourth, I believe is the P&Z agenda in January. Mr. Recio: Excuse me, Mr. Chair. Can 1 clarify, PZ.1 and 2 would go to the first meeting in January? Chair Suarez: Well, 1 think it's -- Mr. Danie: January 26. Chair Suarez: -- I think the -- Mr. Vice Chair, would that be the first meeting in January or the second meeting in January? Tice Chair Sarnoff • It would be the PZ meeting in January. Chair Suarez: The PZ meeting is the second meeting. Vice Chair Sarnoff: Right. Chair Suarez: Okay, second meeting in January. Mr. Dante: Oh, 24. Yeah, 24. I have 24. City of Miami Page 6 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: PZ.13, deferred until the second meeting in Jan -- I'm sorry, the PZ meeting in February. Okay, and then PZ.15 will he deferred until the December meeting ifI'mnot mistaken. Okay. Okay, it's been moved and seconded. All in favor, signify by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: Okay. Can we take up the ones in my district -- Mr. Recio: Thank you. Chair Suarez: -- which I think are fairly straightforward and and not too contentious. I've said that before, but sometimes you're surprised by the outcome. Mr. Garcia: Mr. Chair, may I suggest that there are actually two different -- two items in your district. One item, which is a City -sponsored item, happens to be embedded in a larger set of amendments. There is, however, another private application for a revision of a covenant that is a stand-alone item. If we can go to that one, I think that may make it easier. Chair Suarez: That's fine. Let's do that. What PZ is that one? Iris Escarra: 12 -- PZ.12. Chair Suarez: Perfect. City afMianti Page 7 Printed On 12/10/2012 City Commission Meeting Minutes 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 OFAVACANT IRREGULARLY -SHAPED PROPERTY LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDAAVENUE 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; ASECTION 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. 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 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 of Miami Page 8 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Note for the Record.: Item PZ.1 was deferred to the January 24, 2013 Commission Meeting. Note for the Record: Please see Order of the Day7or minutes referencing item PZ.1. 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 OF A VACANT IRREGULARLY -SHAPED PROPERTY LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDAAVENUE 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 FLORIDAAVENUE 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. 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 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 City afMiam,i Page 9 Printed On 12/10/2012 City Commission Meeting Minutes November 15, 2012 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". Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Note for the Record: Item PZ.2 was deferred to the January 24, 2013 Commission Meeting. Note for the Record: Please see Order of the Day j`br minutes referencing item PZ.2. 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. 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 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". Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones 13350 City of Miami Page 10 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 PZ.4 Chair Suarez: Mr. Garcia, do you want to just continue to proceed down the line or how do you want to do it? Francisco Garcia (Director, Planning): Absolutely, sir. And I suggest that the next items in the order are PZ.6 and PZ.7, which are fairly straightforward and we might he able to -- Chair Suarez: What about PZ.3? Did we --? We're skipping over that one? Commissioner Gort: 3. Mr. Garcia: I apologize. I skipped over PZ.3. You are correct, sir. Chair Suarez: So do you want to do PZ.3 or --? Mr. Garcia: Absolutely. Chair Suarez: PZ.3. Mr. Garcia: Item PZ.3 is a proposed rezoning for the parcel at 7301 Biscayne Boulevard. This is before you on second reading, so it was heard in the previous meeting. And this is for the parcel otherwise known as the Vagabond Motel. It will essentially result in the refurbishment n_f the existing historic structure. And with that, I'll yield to the applicant. Chair Suarez: Thank you. Iris Escarra: Iris Escarra, 333 Avenue of the Americas, on behalf of Lucia Dougherty. There was a full presentation done at first reading, so I'm here to answer any questions you may have with regards to the site. Chair Suarez: Thank you. This is a public hearing item on PZ.3. Public hearing item on PZ.3. Anyone wishing to speak on PZ.3? Hearing none and seeing none, the public hearing on PZ.3 is closed; coming back to this Commission. Is there a motion? Vice Chair Sarnoff: So move. Commissioner Gort: Second. Chair Suarez: Moved by the Vice Chair, second by Commissioner Gort. It is an ordinance on second reading. Victoria Mendez: Good afternoon. Victoria Mendez, Assistant City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Dwight S. Danie (City Clerk): Roll call on PZ.3. A roll call was taken, the result of which is stated above. Ms. Escarra: Thank you, everyone. Chair Suarez: Thank you. Mr. Danie: The ordinance has been adopted on second reading, 3-0. ORDINANCE Second Reading City of Miami Page 11 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 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. 11-00806zt CC 11-15-12 Fact Sheet.pdf 11-00806zt CC 12-13-12 Fact Sheet.pdf 11-00806zt PZAB (10-00963zt1) Reso.pdf 11-00806zt Legislation (Version 3).pdf 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. Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Note far the Record.: Please see Order of the Day,Jbr minutes referencing item PZ.4. 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. 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 LOCATION: Approximately 3601, 3651, 3681 and 3701 North Miami Avenue; 3610, 3620 and 3630 NE Miami Court; and 17 and 25 NE 36th Street City of Miami Page 12 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 [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. Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Note,for the Record.: Item PZ.5 was deferred to the January 24, 2013 Commission Meeting. Note for the Record: Please see Order of the Day7or minutes referencing item PZ.5. PZ.6 ORDINANCE 12-01115Iu First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE 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. 12-011151u CC 12-13-12 Fact Sheet.pdf 12-011151u Analysis, Color Maps & PZAB Reso.pdf 12-011151u CC Legislation (Version 2) & Exhibits.pdf 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 City of Miami Page 13 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Recreation". Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Chair Suarez: Mr. Garcia, do you want to go to PZ.6 now? Francisco Garcia (Director, Planning): Yes, sir. Items PZ.6 and PZ.7 are companion items. They are respectively the land -use change and the zoning change for a parcel at 3400 Grand Avenue. 1 will explain briefly that this is basically to retain the mini park known as Domino Park along Grand Avenue in West Coconut Grove. And this comes about as a result of the original change of zoning for this property by a previous Major Use Special Permit. That development is no longer going to make use of this parcel as a development parcel, and we intend on having this change preserve the use that it is presently being put to, that is the use of a park in its present condition. Chair Suarez: Thank you. Mr. Garcia: And with that, we recommend approval as has the Planning, Zoning and Appeals Board unanimously. Vice Chair Sarnoff: So move. Commissioner Gort: Second. Chair Suarez: It's been moved and seconded. Anyone from the public wishing to speak on PZ.6? Seeing none and hearing none, the public hearing an PZ.6 is closed. It an ordinance, first reading ordinance. Or it's a -- Victoria Mendez (Assistant City Attorney): It's an ordinance. Chair Suarez: Okay. Can you please read the ordinance? The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Dwight S. Danie (City Clerk): Roll call on PZ.6. A roll call was taken, the result of which is stated above. Mr. Danie: The ordinance has been passed on first reading, 3-0. PZ.7 ORDINANCE 12-01115zc 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 14 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 12-01115zc CC 12-13-12 Fact Sheet.pdf 12-01115zc Analysis, Color Maps & PZAB Reso.pdf 12-01115zc CC Legislation (Version 3) & Exhibits.pdf 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". Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Chair Suarez: PZ7. Tice Chair Sarnoft So moved. Chair Suarez: Moved by the Vice Chair. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Anyone wishing to speak on PZ.7? Seeing none and hearing none, the public hearing on PZ. 7 is closed. Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Dwight S. Dania (City Clerk): Roll call on PZ.7. A roll call was taken, the result of which is stated above. Mr. Danie: The ordinance has been passed on first reading, 3-0. PZ.8 ORDINANCE First Reading 12-01180Iu 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 City of Miami Page 15 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 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. 12-011801u CC 12-13-12 Fact Sheet.pdf 12-011801u Analyses, Color Maps & School Brd Concurrency.pdf 12-011801u CC Legislation (Version 3) & Exhibits.pdf 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". Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Chair Suarez: Mr. Garcia, is there anything else you want to take up now or --? I mean, we still don't have a All Commission to do the -- Francisco Garcia (Director, Planning): Yes, sir. I'm happy to -- the remaining items are items PZ.8 through PZ.10, which all travel together, so that I expect will take us a little while, but we can possibly get through it relatively quickly if you'd like to try that. Chair Suarez: Yeah. Well, how much time are we talking about? Mr. Garcia: I would expect in the neighborhood of 20 or so minutes. Chair Suarez: Let's go for it. That way we finish the PZ (Planning & Zoning) agenda. Okay, go ahead. Mr. Garcia: Thank you. I'll try to improve upon the thne stated. And I'll -- I will walk you through -- promptly through a PowerPoint presentation -- and with the assistance of the audiovisual department -- that we will have it projected on your screens in a moment. This item comes to you as the first installment on what are intended to be biannual revisions of the zoning ordinance and the zoning atlas of the City of Miami and the future land use plan. And I would like then to begin with this item. And again, I am going to he -- and I hope this makes it clear or City of Miami Page 16 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 not more confusing. I'm going to take them slightly out of order in that I will take future land use changes -- proposed future land use changes and proposed zoning changes in pairs so that you can consider them together as they should appropriately be considered. Notwithstanding that, please be advised that this Commission is free to vote up or down any one of the items presented. So although they are presented to you as three items, PZ.8, PZ.9, and PZ.10, and each of those has sub -items, any one of the sub -items, should you have reservations about those, can be severed from the package and be voted up or down separately. The first one I'd like to present is -- and this is what you see in the screens before you -- the future land use amendment component of it. This is for a block and a half of presently zoned duplex residen -- rather, single-family residential properties in the neighborhood of Southwest 30th Avenue and Southwest 5th Street. The proposal here basically is to take these nine lots, individual platted lots, in terms of land use from single-family residential to duplex residential. And as you see in the next slide, only the southern part of the application requires a zoning change, in this case from T3-L to T3-O, so that each of these properties will now be properly assigned a duplex residential category. That is the first proposed set of changes, and this, again, implies a future land use change and a zoning change in tandem. The next item before you is fbr -- incidentally, if there are questions about any of these, I'm happy to stop and answer questions, of course. Zoning change number two does not require a future land use map change, only a zoning change. And in this particular case, this is on Southwest 27th Avenue and Day Avenue, on the northwest corner of that intersection. There, there has been, as you might see in the images, one lot left as T4-R. That is low- to medium -density residential in a corridor that is otherwise commercial or mixed use, T5-O. And so there we are proposing that that particular parcel of land or that lot be changed from T4-R to T5-O to align properly with the lots to the north and to the south, completing the Southwest 27th Avenue as a commercial corridor. The next item before you is a zoning -- we are calling it zoning change number three. This, again, does not require a future land use map change. It is only a zoning change. This is on Bird Road between the city limits and Southwest 37th Court, and the city limits are along 39th Avenue. And here what we are doing basically is taking the northern frontage of Bird Road and changing it from T5-L to T5-O. There is no change in density. There is no change in height. The only change is to the uses that are allowed on those properties. Presently, they are limited to having only 25 percent commercial uses. As a result of this change, they will be able to have 100 percent commercial uses. That is the only net change between one and the other. The reason we think this makes sense is the properties across the street, across Bird Road from these, are also zoned commercial and this will complete the Bird Road commercial corridor nicely, we think. The next zoning change -- again, does not need a future land use map change -- is, for these two lots, approximately along Northeast 4th Court and Northeast 58th Street in the Palm Grove neighborhood, and the proposal here is to change two lots that are presently designated as T5-R to T5-O. The use in these particular lots has been historically commercial. The properties to the south are also commercial and there is a historically designated structure on the property that is functioning as commercial, and we think it is worthwhile to preserve it in its present condition. To allow these commercial uses will enable it to remain in its present condition, properly functioning. It is also known as the water - pump house historic resource. Zoning change number five happens along the Tigertail Avenue corridor here in Coconut Grove, in the area between Mary Street and Southwest 27th Avenue. This is for the south -- or more accurately, southeast fringe of the Tigertail Avenue frontage. It is presently zoned T5-L, and we are proposing that it he changed to T5-O. No change in density. The only change -- or no change in height. The only change we are proposing is that it be allowed to have commercial uses 100 percent instead of having the 25 percent limitation far commercial uses. The reason we think it makes sense here is north of it or across Tigertail Avenue, the uses are also fully mixed use or fully commercial. And to create an exception here or a pocket of limited commercial uses does not really stand to reason. For that reason, we're recommending approval of this change. And I believe one last change, which is, again, a couple. This one will require a future land use amendment, as well as a zoning amendment. These -- this is for properties which are just -- so that you might position yourselves -- east of the Miami -Dade County Government Center, approximately at Northwest 2nd Street and Northwest 1st Avenue. Here the case was that when the zoning change took place in Miami 21, half of these parcels, the City of Miami Page 17 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 two parcels that you see displayed before you, the western half zoned for governmental uses, so they were zoned for what is the present zoning designation of CI, or civic institutional, although they were actually in private hands and slated to he developed in the future along the lines of that which takes place to the east, which is high density, high intensity, fully mixed use or ,fully commercial, as the case may be. For that reason, it requires a change in the,future land use map from major institutional public facilities, transportation and utilities to central business district. And in this slide you see on the zoning side from CI, or civic institutional, to T6-80-0, and that completes our presentation. I will answer any questions you may have. Chair Suarez: Thank you, Mr. Garcia. Commissioner Gort: My understanding, this is a City proposal? Mr. Garcia: These are all City proposals. And I'm sorry I was remiss in presenting one additional item. That completed -- what I just presented completed the future land use map changes and the zoning changes. There is one additional change, which is actually a text change, and 171 cover it very quickly. As you see in the images before you also along Tigertail Avenue, now between Mary Street and Darwin Street, there is presently a setback -- a 100 foot setback within which only residential development can take place. We believe this was originally intended to be applied to the area between Darwin Street and Aviation Avenue, where on the other side n f Tigertail Avenue there is single family residential. But in the area to the southwest, the character of the development across the street, from this is also medium density and mixed use or fully commercial. And, for- that reason, that 100 foot setback does not serve any purpose that u'e can support. We are then requesting that that setback be removed from Mary Street all the way to Darwin Street, but that it be left, as you see in the image, between Darwin Street and Aviation Avenue to protect the residential area to the north. And that does complete our presentation. Victoria Mendez (Assistant City Attorney): That in specific is PZ.10. Commissioner Gorr Okay. Chair Suarez: Got it. Commissioner Gort: I have a question. Chair Suarez: Go ahead, Commissioner Gort. Commissioner Gort: My question is, how was this site selected for the changing? Was it requested by the neighborhood? Was it requested by the public or --? Mr. Garcia: I'm sorry. Thank you for the question, Commissioner Gort. This, as I described earlier, is the first installment of two, possibly three series of requests. These were selected from that larger group simply because we thought they were the more straightforward ones. The others we're still processing presently. These are all City -initiated requests, except far actually the very first one 1 presented, which came to our attention as a result of a request from a particular property owner that actually came to you and was referred back to us, far further analysis. And so what we are presenting to you today is the fact that every two years we are charged by our zoning ordinance to conduct a full analysis, a full review of our zoning atlas and future land use map. And wherever we see misalignments or conditions that should he addressed or corrected, we then come to you every two years to correct those. Commissioner Gort: My question to you, we're addressing specific areas. If we have other areas within the City of Miami that meet the same criteria, will that apply also? City of Miami Page 18 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Mr. Garcia: Absolutely, sir. And you will see in the next two hearings additional items coming before you. Commissioner Gort: hi other words, what we approve here today will go throughout the whole ci4' if we have similar critieras [sicJ? Mr. Garcia: Absolutely, sir. Commissioner Gort: Okay. Thank you. Chair Suarez: Thank you. Can we take the discussion on these three items at once or do you have to open them up differently? Vice Chair Sarnoff: Yeah. Chair Suarez: Okay. Does anyone wish to be recognized on PZ.8, 9, or 10? Opening up the public hearing on PZ.8, 9, or 10. Hearing none and seeing none, the public hearing on PZ.8, 9, and 10 is closed. PZ.8, is there a motion? It's in my district and I completely support it. So is there a motion on that? Vice Chair Sarnoff. So moved. Chair Suarez: Moved by the Vice Chair. Commissioner Gorr Second. Chair Suarez: Second by Commissioner Gort. I believe -- is that a reso or an ordinance? I -- it's an ordinance? Go ahead. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Dwight S. Danie (City Clerk): Roll call on PZ.8. A roll call was taken, the result of which is stated above. Mr. Danie: The ordinance has been passed on first reading, 3-0. PZ.9 ORDINANCE 12-01180zc 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 "T3-0" 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 City of Miami Page 19 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 TO "T5-O" URBAN CENTER ZONE -OPEN AT THE PROPERTIES SOUTH OF TIGERTAIL AVENUE 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 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. 12-01180zc CC 12-13-12 Fact Sheet.pdf 12-01180zc Analyses, Color Maps & School Conc. & PZAB Reso.pdf 12-01180zc CC Legislation (Version 3) & Exhibits.pdf 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* to City Commission on November 7, 2012 by a vote of 10-0. See companion File Ds 12-011801u and 12-01180zt. *See supporting documentation. PURPOSE: This will change certain properties to the zoning designation described above. Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Note for the Record: Please see item PZ.8 for minutes referencing item PZ.9. Chair Suarez: PZ.9, is there a motion? Commissioner Gort: Move it. City of Miami Page 20 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: Moved by Commissioner Gort -- Vice Chair Sarnoff. Second. Chair Suarez: -- second by the Tice Chair. It is an ord -- first reading ordinance. Victoria Mendez (Assistant City Attorney): Yes. And just to note for the record, subsection 6 that talks about the TI natural zone, that's being removed. It's deleted. You're not taking any action with regard to that subsection, so as modified. Chair Suarez: Okay, as modified. Does the mover and the seconder approve -- Commissioner Gort Yes. Chair Suarez: -- of the modification? Vice Chair Sarnoff • Yes, he does. Commissioner Gort Yes. Chair Suarez: Okay. It's an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Dwight S. Danie (City Clerk): Roll call on PZ. 9. A roll call was taken, the result of which is stated above. Mr. Danie: The ordinance has been passed on first reading, as modified, 3-0. PZ.10 ORDINANCE 12-01180zt 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 "TIGERTAILAVENUE" ESTABLISHED SETBACK AREA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 12-01180zt CC 12-13-12 Fact Sheet.pdf 12-01180zt Color Maps & PZAB Reso.pdf 12-01180zt CC Legislation (Version 3).pdf 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. City of Miami Page 21 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 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. Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Note for the Record: Please see item PZ.8 fbr minutes referencing item PZ.10. Chair Suarez: PZ.10. Just before we get a motion on this, Madam Attorney, I -- my law office is in one of the properties that's impacted by this. Does that present any sort of a conflict for me voting on the item as far as you know? Victoria Mendez (Assistant City Attorney): You're renting or --? Chair Suarez: Yeah. Ms. Mendez: Then no. Chair Suarez: Just want to clarify that for the record. Vice Chair Sarnoff: I thought you suddenly turned successful and you were owning the Coconut Grove Bank building. I was going to congratulate you. Chair Suarez: I could turn that in a funny direction, given what's transpired today, but I'm going to leave it at I didn't wake up this morning and find a bunch of money in my bank account so. Is there a motion or a second? Commissioner Gort: Move it. Chair Suarez: The Manager's giving me a hard time. It's been moved and seconded. Madam City Attorney. Ms. Mendez: ForPZ.10. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Dwight S. Dania (City Clerk): Roll call on PZ.10. A roll call was taken, the result of which is stated above. Mr. Danie: The ordinance has passed on first reading, 3-0. And was this modified? Ms. Mendez: No. Mr. Dante: Okay. Ms. Mendez: This one's fine. Mr. Danie: All right. City of Miami Page 22 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: Okay. So that, I believe, concludes our Planning & Zoning meeting, if I'm not mistaken. So we will adjourn the Planning & Zoning meeting and we will -- Commissioner Gort: I think we have people waiting out there. Chair Suarez: What's that? No, they were deferred, I think. Their item was deferred. Commissioner Gort: Okay. Chair Suarez: If I'm not mistaken. Commissioner Gort: I saw Mrs. Gibson out there. Chair Suarez: Yeah. I think her item was deferred. It was 1 and 2, PZ.1 and 2, right? Yeah. Mr. Dante: Yes. I think -- you're adjourning, right? Chair Suarez: Okay, so we adjourn the Planning & Zoning, and we reopen the regular Commission meeting. PZ.11 ORDINANCE First Reading 12-00942zt 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. 12-00942zt CC 12-13-12 Fact Sheet.pdf 12-00942zt PZAB Reso.pdf 12-00942zt CC Legislation (Version 3).pdf 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. Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones City of Miami Page 23 Printed on 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: Mr. Garcia. Francisco Garcia (Director, Planning): Yes, sir. May 1 suggest that we set aside for a moment PZs (Planning & Zoning) 8, 9 and 10 since these will be lengthier- and they're all, to some extent, connected, and perhaps go over to PZ.11 next? Chair Suarez: Sure. Mr. Garcia: Thank you, sir. Barnaby Min: Barnaby Min, Zoning Administrator. PZ.11 is an amendment to Miami 21. It's related to PZ.13. When it was heard or addressed by the Planning, Zoning and Appeals Board, there was a directive by the board to come hack with an amendment to this particular section of the code. It is meant to carry over some of the SD-12 language from 11000 to Miami 21 and allow accessory parking in T3s and T4-R transect zones by process of exception and only if there's an existing legally built parking lot. Chair Suarez: Any -- Commissioner Gort: Move it. Vice Chair Sarnoff • Pm Sony, second. Chair Suarez: It's been moved and seconded. Anyone from the public wishing to speak on PZ.11? Anyone from the public wishing to speak on PZ.11? Hearing none and seeing none, it's been moved and seconded. Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Dwight S. Danie (City Clerk): Roll call on PZ.11. A roll call was taken, the result of which is stated above. Mr. Danie: The ordinance has been passed on first reading, 3-0. 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. 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 LOCATION: Approximately 1028 and 1040 SW 36th Court; 985, 995 and 1031 City of Miami Page 24 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 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. Motion by Commissioner Gort, seconded by Vice Chair Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones R-12-0447 Chair Suarez: You're recognized on PZ.12, Mr. Garcia. Francisco Garcia (Director, Planning): Thank you, sir. Item. PZ.12, as previously stated, is a proposed modification of an existing covenant. This covenant was approved by this Commission some four years ago. I may be slightly wrong on the dates, and I may be corrected by the applicant, but approximately four years ago. And we have had an opportunity to review the proposed modifications and we are recommending approval of these modifications to the Commission. We will defer to the applicants far presentation and we're happy to answer any questions you may have. Chair Suarez: Thank you. Ms. Escarra. Iris Escarra: Good afternoon, Chairman, Commissioners. Iris Escarra, with offices at 333 Avenue of the Americas. I'm joined this afternoon by Joe Milton of J. Milton and Associates. The application is before you based on a modification of an existing covenant. Back in 2009, this Commission considered a rezoning of the property, and as part of the negotiations with the neighbors, they agreed that they would build a building in the form of the plans that were presented, as well as the fact that they would restrict access off of 36th Court. Now our application before you today does not do anything to modify the access. The access is still being restricted, and we even have a 30 font landscape huffier. What we are asking far is the change in the restriction that said Ford Graham as the architect to Julio Acosta as the new architect 'cause we've designed the building with a new architect, however, we've kept the same envelope. We've kept the same height. We've kept the same FLR (Floor Lot Ratio). The only thing we've increased slightly is the units. And I have Joe Milton here to present to you the design of the building, if you should want to consider that. However, we're here strictly on the covenant modification. Chair Suarez: Thank you. This is a public hearing item. Anyone wishing to speak on PZ.12? Anyone wishing to speak on PZ.12? Juan Rodriguez: Yes. Chair Suarez: Name and address, sir, for the record. Mr. Rodriguez: Yeah. Juan Rodriguez, 12000 Northwest 50th Court, in Pembroke Lakes. Want City of Miami Page 25 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 to find out what is the modification because originally the zoning or the building was going to build on the 36 Court was justgoing to be the pool area. Ms. Escarra: Correct. It's still the pool area. That has not changed. Mr. Rodriguez: What is the change? Ms. Escarra: What happens is is that covenant restricted the building to a plan prepared by a specific architect. What we're coming in is we're changing the architect on that restriction and slightly modifying the building. However, we're still the same height. We're still the same envelope. The building is still all the way out to Douglas and it's -- on the back, there's a buffer, as well as the pool area, so that has all remained the same. Mr. Rodriguez: Is the buffer going to be still from the sidewalk -- Ms. Escarra: Correct. Mr. Rodriguez: -- to the wall, approximately ten feet or maybe more? Ms. Escarra: It's 30 feet. From 36 Court, it's 30 feet and it's heavily landscaped. Chair Suarez: Thank you, sir. Anyone else wishing to speak on PZ.12? Seeing none, hearing none, the public hearing on PZ.12 is closed, coming back to this Commission. Commissioner Gort Move it. Chair Suarez: This is in nay district. It's been moved by Commissioner Gort. I just want to say that I fully support the release of this -- or the modification of the covenant. You know, this is a beautiful building that is going to continue the renaissance that is happening on 37th Avenue, you know. It's something that is going to be very good for the City of Miami and very good for District 4. So is there a second? Vice Chair Sarnoff. Second. Chair Suarez: Second by the Vice Chair. All in favor, signify by saying "aye. " The Commission (Collectively): Aye. Chair Suarez: Thank you. Ms. Escarra: Thank you very much. Commissioner Gort You know, Mr. Chairman -- Chair Suarez: Yes. Commissioner Gort: -- since we dealing with this, this is some of the corridor that to the east is City of Miami, to the west is Coral Gables. Chair Suarez: That's right. Commissioner Gort: And there are buildings on the west side right across the street, they're kind of high. So I think maybe we should be looking at the whole corridor, I don't know. Chair Suarez: Yeah, I know. City of Miami Page 26 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 PZ.13 12-00252za Commissioner Gort: It's your district. It's just food for thought. Chair Suarez: Yeah, 37th Avenue is -- has been built up -- particularly the side that faces Coral Gables -- in a way that is, you know, kind of mirror imaging of Coral Gables. I think it's a -- we're benefitting in a sense -- Commissioner Gort: Right. Chair Suarez: -- from what Coral Gables has done, you know, and the kind of quality of workmanship of the buildings. And I think 37th Avenue in the City of Miami has done a great job of you know, trying to capture that. And I -- what I've been trying to do on Coral Way with the new Blockbuster site is try to brand Coral Way because what happens is even sometimes businesses that establish themselves on Coral Way say Coral Gables. And so I've been trying to brand Coral Way in a way that makes people proud to he in Miami and in Coral Way. So -- hut thank you so much. I think you're absolutely right. Thank you very much for your advice. 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. 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 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. Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnotyand Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Note for the Record: Item PZ.13 was deferred to the February 28, 2013 Commission Meeting. Note for the Record: Please see Order of the Day for minutes referencing item PZ.13. City of Miami Page 27 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 PZ.14 12-00887ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY CUSHMAN SCHOOL, OWNER, WITH CONDITIONS, 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 Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnot7, Carollo and Suarez Absent: 1 - Commissioner(s) Spence -Jones R-12-0448 Chair Suarez: PZ (Planning & Zoning) -- what's next? Francisco Garcia (Director, Planning): Thank you, sir. 1 would suggest that we go next to PZ.14. Chair Suarez: Okay. Mr. Garcia: Item PZ.14 is -- Commissioner Gort: What happened to 12? Chair Suarez: We passed 12. That was the one that was the 37th. Avenue one. Commissioner Gort: Okay. Mr. Garcia: Item PZ.14 is a resolution before you today. It is an appeal of a HEP (Historic and Environmental Preservation) Board decision to deny a certificate of appropriateness for the demolition of a historic single family residence. Our original recommendation was so that Historic and Environmental Preservation Board denied the certificate of appropriateness by a vote of 5-0. And staff had originally recommended that this Commission side with the HEP Board determination. Since then, we have learned that there has -- there have been extensive conversations between the appellant and the neighborhood association and they have managed to achieve a significant level of consensus. We actually have correspondence to that effect from the representatives of the neighborhood association. So at this point in time, we would like to defer to the applicant to present to you what they have accomplished. Chair Suarez: Thank you. Mr. Fernandez. City of Miami Page 28 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Javier Fernandez: Yes. Good afternoon, Mr. Chairman and members of the hoard. Javier Fernandez, with Akerman Senterfitt, here on behalf of the Cushman School, Inc. Very briefly, this item was continued at the September 27 Commission meeting for a date certain. We've since entered into a mediation that would formally resolve the dispute. And.for the benefit of the record, I'd like to introduce five documents consisting of the letter of support referenced by Mr. Garcia and a cost estimate which indicates the cost of restoration of the structure that we're seeking to demolish, the last known taxable valuation of the structure as well -- basically, that provides evidence that this exceeds the 50 percent restoration rule under the Florida Building Code and would he an automatic candidate for demolition -- an affidavit of financial hardship to satisfy the code requirements of Section 23-6.2 of the City code; and lastly, a letter from an architect who specializes in historic preservation from the Giller- and Giller firm, Stephen Bernard, again, further providing his professional opinion that the house should be a candidate for demolition considering all the facts. With that said, I do want to give a brief summary of what has transpired since the last Commission meeting. And over that time, we have met with the members of the Palm Grove Neighborhood Association through a mediation that we'd like to thank Mr. Jay Solowsky for shepherding. And through the discussion have agreed to have a very public process for the development of a master plan for the Cushman School that satisfies a number of the conditions that were part of a number of companion approvals approved by the HEP Board. It is our intent to -- we have scheduled meetings with both MiMo (Miami Modern) and Palm Grove for the months of December and January to solicit their preliminary feedback. We'll he meeting with the district Commissioner, if he's available, and staff to solicit their preliminary input. And our goal is to formally present a master plan, for the campus to the City and the neighbors in March of 2013. And with that said, we'd askfor your support in granting us the reversal and issuing the requested certificate for demolition. Chair Suarez: Mr. Vice Chair. Vice Chair Sarnoff: 1'd like to make a motion to grant the reversal and to accept the covenant now being offered by the -- Victoria Mendez (Assistant City Attorney): Commissioner -- Vice Chair Sarnoff: -- applicant. Ms. Mendez: -- briefly, I would couch it a different way. We would request that you grant -- Vice Chair Sarnoff: Grant the appeal. M. Mendez: -- the appeal with conditions as stated on the record. Vice Chair Sarnoff • With conditions as offered by the appellant -- Ms. Mendez: Correct. Vice Chair Sarnoff: -- which would he that they would have a master plan to the City ofMiami by March of 2013. Commissioner Gort: Second. Chair Suarez: It's been moved and seconded. This is a public hearing. Anyone from the public wishing to speak on PZ.14? Seeing none, hearing none, the public hearing on PZ.14 is closed. Yes. Mr. Garcia: I would simply like to add briefly that based on the evidence presented, we would like to support that motion as well. City of Miami Page 29 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 Chair Suarez: Thank you. Madam Attorney, it's been moved and seconded. Public hearing is closed. Ms. Mendez: It's a resolution. I don't have to read it into the record. Thank you. Chair Suarez: All in favor, signer by saving "aye." The Commission (Collectively): Aye. Chair Suarez: My apologies. Mr. Fernandez: Thank you very much. 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." 04-01208a CC 12-13-12 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 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: City of Miami Page 30 Printed nn 12/10/2012 City Commission Meeting Minutes November 15, 2012 ADJOURNMENT 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. Motion by Vice Chair Sarnoff, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Spence -Jones Note,for the Record.: Please see Order of the Day lb,- minutes referencing item PZ.15. END OF PLANNING AND ZONING ITEMS The meeting adjourned at 2: 52 p.m. City of Miami Page 31 Printed nn 12/10/2012