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HomeMy WebLinkAboutCC 2012-12-13 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, December 13, 2012 2:00 PM PLANNING AND ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Dwight S. Danie, City Clerk City Commission Meeting Agenda December 13, 2012 ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. ANY PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR COMMITTEES CONCERNING ANY ISSUE, SHALL DISCLOSE IN WRITING, AT THE COMMENCEMENT (OR CONTINUANCE) OF THE HEARING(S) ON THE ISSUE THE FOLLOWING INFORMATION: 1. WHETHER ANY CONSIDERATION HAS BEEN PROVIDED OR COMMITTED, DIRECTLY, OR ON ITS BEHALF, TO ANY ENTITY OR PERSON FOR AN AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION; 2. TO WHOM THE CONSIDERATION HAS BEEN PROVIDED OR COMMITTED; 3. THE NATURE OF THE CONSIDERATION, AND 4. A DESCRIPTION OF WHAT IS BEING REQUESTED IN EXCHANGE FOR THE CONSIDERATION. THE DISCLOSURE FORM WHICH IS AVAILABLE FROM THE CITY CLERK MUST BE READ INTO THE RECORD BY THE REQUESTING PERSON OR ENTITY PRIOR TO SUBMISSION TO THE SECRETARY/CLERK OF THE RESPECTIVE BOARD. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL, AT AGENDA OFFICE/MIAMI RIVERSIDE CENTER, OR ON-LINE AT WWW.MIAMIGOV.COM. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY City ofMiami Page 2 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. * * * * * * * * * * * * * * * * * * * * * * * Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. * * * * * * * * * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present or (b) at the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not apply when the City Commission is engaged in its annual budget hearings (Ordinance 12586). City ofMiami Page 3 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 2:00 PM. PZ.1 12-00863sc ORDINANCE FIRST READING A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A STREET AT APPROXIMATELY A PORTION OF SOUTHWEST 11TH STREET LOCATED BETWEEN SOUTHWEST 3RD AVENUE AND THE 1-95 EXPRESSWAY, MIAMI, FLORIDA. LOCATION: Approximately a Portion of SW 11th Street Located between SW 3rd Avenue and the 1-95 Expressway [Commissioner Frank Carollo - District 3] APPLICANT(S): Vicente Arrebola, P.E., on behalf of Miami -Dade Water and Sewer Department FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT & STREET COMMITTEE: Recommends approval on January 5, 2012 by a vote of 6-0. PURPOSE: This will allow the construction of a sanitary sewer pump station. 12-00863sc CC 12-13-12 Fact Sheet.pdf 12-00863sc Department Analyses, Color Maps & PZAB Reso.pdf 12-00863sc Application & Supporting Documents.pdf 12-00863sc CC Legislation (Version 2) & Exhibit.pdf City of Miami Page 4 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PZ.2 12-01180Iu ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1) 2970-2996 SOUTHWEST 4TH STREET, 2979 AND 2981 SOUTHWEST 5TH STREET AND 445 SOUTHWEST 30TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL", AND 2) THE WESTERN PORTION OF 195 NORTHWEST 2ND STREET AND 200 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" WITHIN THE "URBAN CENTRAL BUSINESS DISTRICT (UCBD)" TO "CENTRAL BUSINESS DISTRICT (CBD)" WITHIN THE "URBAN CENTRAL BUSINESS DISTRICT (UCBD)"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1) 2970-2996 SW 4th Street, 2979 & 2981 SW 5th Street and 445 SW 30th Avenue [Commissioner Francis Suarez - District 4] and 2) The Western Portion of 195 NW 2nd Street and 200 NW 1st Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on November 7, 2012 by a vote of 9-1. See companion File IDs 12-01180zc and 12-01180zt. PURPOSE: This will change the above properties to 1) "Duplex Residential" and 2) "CBD" within the "UCBD". 12-011801u CC 12-13-12 Fact Sheet.pdf 12-011801u Analyses, Color Maps & School Brd Concurrency.pdf 12-011801u CC Legislation (Version 3) & Exhibits.pdf DATE: NOVEMBER 15, 2012 MOVER: VICE CHAIR SARNOFF SECONDER: COMMISSIONER GORT VOTE: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND SUAREZ ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SPENCE-JONES ACTION: PASSED ON FIRST READING --PASSED City ofMiami Page 5 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PZ.3 12-01180zc ORDINANCE 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 FROM 1) "T3-L" SUB -URBAN ZONE -LIMITED TO "T3-O" SUB -URBAN ZONE -OPEN AT SOUTHWEST 4TH AND 5TH STREETS AT 30TH AVENUE, MIAMI, FLORIDA; 2) "T4-R" GENERAL URBAN ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN AT THE NORTHWEST CORNER OF SOUTHWEST 27TH AVENUE AND DAY AVENUE, MIAMI, FLORIDA; 3) "T5-L" URBAN CENTER ZONE -LIMITED TO "T5-O" URBAN CENTER ZONE -OPEN AT THE NORTH SIDE OF BIRD ROAD BETWEEN SOUTHWEST 37TH COURT AND SOUTHWEST 39TH AVENUE, MIAMI, FLORIDA; 4) "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN AT APPROXIMATELY 5808 NORTHEAST 4TH COURT AND 454 NORTHEAST 58TH STREET, MIAMI, FLORIDA; 5) "T5-L" URBAN CENTER ZONE -LIMITED TO "T5-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 CONDUCTEDA BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.B.2, HAS FOUND THE CHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY OF MIAMI'S NEIGHBORHOODS; RESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.6.2, SHALL NOT PROHIBIT, PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FORA 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* to City Commission on November 7, 2012 by a vote of 10-0. See companion File IDs 12-011801u and 12-01180zt. City ofMiami Page 6 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 *See supporting documentation. PURPOSE: This will change certain properties to the zoning designation described above. 12-01180zc CC 12-13-12 Fact Sheet.pdf 12-01180zcAnalyses, Color Maps & School Conc. & PZAB Reso.pdf 12-01180zc CC Legislation (Version 3) & Exhibits.pdf DATE: NOVEMBER 15, 2012 MOVER: COMMISSIONER GORT SECONDER: VICE CHAIR SARNOFF VOTE: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND SUAREZ ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SPENCE-JONES ACTION: PASSED ON FIRST READING WITH MODIFICATIONS --PASSED City ofMiami Page 7 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PZ.4 12-01180zt ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, SECTION 3.3.6.F., ENTITLED, "TIGERTAIL AVENUE", BY UPDATING THE "TIGERTAIL AVENUE" ESTABLISHED SETBACK AREA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately the SE Side of Tigertail Avenue between Darwin Street and Aviation Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on November 7, 2012 by a vote of 9-1. See companion File IDs 12-011801u and 12-01180zc. PURPOSE: This will modify the applicability of the "Tigertail Avenue" Established Setback Area to allow for pedestrian -friendly setbacks within the center Coconut Grove commercial area. 12-01180zt CC 12-13-12 Fact Sheet.pdf 12-01180zt Color Maps & PZAB Reso.pdf 12-01180zt CC Legislation (Version 3).pdf DATE: NOVEMBER 15, 2012 MOVER: COMMISSIONER GORT SECONDER: VICE CHAIR SARNOFF VOTE: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND SUAREZ ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SPENCE-JONES ACTION: PASSED ON FIRST READING --PASSED City of Miami Page 8 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PZ.5 12-01115Iu ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE 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 12-13-12 Fact Sheet.pdf 12-011151u Analysis, Color Maps & PZAB Reso.pdf 12-011151u CC Legislation (Version 2) & Exhibits.pdf DATE: NOVEMBER 15, 2012 MOVER: VICE CHAIR SARNOFF SECONDER: COMMISSIONER GORT VOTE: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND SUAREZ ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SPENCE-JONES ACTION: PASSED ON FIRST READING --PASSED City of Miami Page 9 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PZ.6 12-01115zc 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 "T5-O" URBAN CENTER ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT TO "CS" CIVIC SPACE ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3400 GRAND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3400 Grand Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 17, 2012 by a vote of 11-0. See companion File ID 12-011151u. PURPOSE: This will change the above property to "CS" with an "NCD-2". 12-01115zc CC 12-13-12 Fact Sheet.pdf 12-01115zcAnalysis, Color Maps & PZAB Reso.pdf 12-01115zc CC Legislation (Version 3) & Exhibits.pdf DATE: MOVER: SECONDER: VOTE: ACTION: NOVEMBER 15, 2012 VICE CHAIR SARNOFF COMMISSIONER GORT AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND SUAREZ ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SPENCE-JONES PASSED ON FIRST READING --PASSED City of Miami Page 10 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PZ.7 11-00806zt ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 13114, 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 IN T3 AND T4 ZONES; 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 in T3 and T4 Transect Zones. 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 DATE: SEPTEMBER 15, 2011 MOVER: COMMISSIONER SPENCE-JONES SECONDER: COMMISSIONER SARNOFF VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND SPENCE-JONES ACTION: PASSED ON FIRST READING --PASSED DATE: OCTOBER 27, 2011 MOVER: COMMISSIONER SUAREZ SECONDER: VICE CHAIR CAROLLO VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND SPENCE-JONES ACTION: CONTINUED --PASSED DATE: NOVEMBER 17, 2011 MOVER: VICE CHAIR CAROLLO SECONDER: COMMISSIONER SARNOFF VOTE: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND CAROLLO ABSENT: 2 - COMMISSIONER(S) SUAREZ AND SPENCE-JONES ACTION: DEFERRED --PASSED City of Miami Page 11 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 DATE: JANUARY 26, 2012 MOVER: VICE CHAIR SARNOFF SECONDER: COMMISSIONER CAROLLO VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND SPENCE-JONES ACTION: CONTINUED --PASSED DATE: FEBRUARY 23, 2012 MOVER: VICE CHAIR SARNOFF SECONDER: COMMISSIONER GORT VOTE: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND SUAREZ ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SPENCE-JONES ACTION: CONTINUED --PASSED DATE: MARCH 22, 2012 MOVER: COMMISSIONER CAROLLO SECONDER: VICE CHAIR SARNOFF VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND SUAREZ ABSENT: 1 - COMMISSIONER(S) SPENCE-JONES ACTION: DEFERRED --PASSED DATE: MAY 24, 2012 MOVER: VICE CHAIR SARNOFF SECONDER: COMMISSIONER CAROLLO VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND SUAREZ ABSENT: 1 - COMMISSIONER(S) SPENCE-JONES ACTION: CONTINUED --PASSED DATE: JUNE 28, 2012 MOVER: COMMISSIONER CAROLLO SECONDER: VICE CHAIR SARNOFF VOTE: AYES: 3 - COMMISSIONER(S) SARNOFF, CAROLLO AND SUAREZ ABSENT: 2 - COMMISSIONER(S) GORT AND SPENCE-JONES ACTION: CONTINUED --PASSED DATE: JULY 26, 2012 MOVER: COMMISSIONER CAROLLO SECONDER: COMMISSIONER GORT VOTE: AYES: 4 - COMMISSIONER(S) GORT, CAROLLO, SUAREZ AND SPENCE-JONES ABSENT: 1 - COMMISSIONER(S) SARNOFF ACTION: CONTINUED --PASSED City ofMiami Page 12 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 DATE: SEPTEMBER 27, 2012 MOVER: VICE CHAIR SARNOFF SECONDER: COMMISSIONER GORT VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, SUAREZ AND SPENCE-JONES ABSENT: 1 - COMMISSIONER(S) CAROLLO ACTION: CONTINUED --PASSED DATE: OCTOBER 25, 2012 MOVER: VICE CHAIR SARNOFF SECONDER: COMMISSIONER SPENCE-JONES VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND SPENCE-JONES ACTION: CONTINUED --PASSED DATE: NOVEMBER 15, 2012 MOVER: VICE CHAIR SARNOFF SECONDER: COMMISSIONER GORT VOTE: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND SUAREZ ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SPENCE-JONES ACTION: CONTINUED --PASSED City ofMiami Page 13 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PZ.8 12-00929ct ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE PARKS, RECREATION AND OPEN SPACE, CAPITAL IMPROVEMENTS, AND THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP ELEMENTS, IN ORDER TO REVISE THE LEVEL OF SERVICE STANDARD FOR PARKS, RECREATION AND OPEN SPACE FOR CONCURRENCY PURPOSES, AS DIRECTED BY POLICY PR-1.1.4 OF THE CITY'S COMPREHENSIVE PLAN; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 3, 2012 by a vote of 8-2. PURPOSE: This will amend policies of the Parks, Recreation and Open Space; the Interpretation of the 2020 Future Land Use Map; and the Capital Improvements Elements of the City's Comprehensive Plan. 12-00929ct CC 12-13-12 Fact Sheet.pdf 12-00929ct PZAB Reso.pdf 12-00929ct PZAB Reso & Supporting Documentation.pdf 12-00929ct Legislation (Version 4).pdf DATE: OCTOBER 25, 2012 MOVER: VICE CHAIR SARNOFF SECONDER: COMMISSIONER SPENCE-JONES VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, SUAREZ AND SPENCE-JONES ABSENT: 1 - COMMISSIONER(S) CAROLLO ACTION: PASSED ON FIRST READING --PASSED City of Miami Page 14 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PZ.9 12-00942zt ORDINANCE SECOND 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: Recommends approval to City Commission on November 7, 2012 by a vote of 10-0. 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. 12-00942zt 12-00942zt 12-00942zt DATE: MOVER: SECONDER: VOTE: ACTION: CC 12-13-12 Fact Sheet.pdf PZAB Reso.pdf CC Legislation (Version 3).pdf NOVEMBER 15, 2012 COMMISSIONER GORT VICE CHAIR SARNOFF AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND SUAREZ ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SPENCE-JONES PASSED ON FIRST READING --PASSED City of Miami Page 15 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PZ.10 06-00613Iu ORDINANCE 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 ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 20 SE 10th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on December 5, 2012. See companion File ID 06-00613zc and related File Ds 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property to "Restricted Commercial'. 06-006131u CC 12-13-12 Fact Sheet.pdf 06-00613luAnalysis & Maps.pdf 06-006131u Application & Supporting Documentation.pdf 06-006131u CC Legislation (Version 2) & Exhibit.pdf DATE: MOVER: SECONDER: VOTE: ACTION: OCTOBER 25, 2012 VICE CHAIR SARNOFF COMMISSIONER SPENCE-JONES AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND SPENCE-JONES DEFERRED --PASSED City of Miami Page 16 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PZ.11 06-00613zc 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 "CS" CIVIC SPACE ZONE TO "T6-48B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 20 SE 10th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on December 5, 2012. See companion File ID 06-006131u and related File IDs 06-006131u1 and 06-00613zc1. PURPOSE: This will change the above property to "T6-48B-O". 06-00613zc CC 12-13-12 Fact Sheet.pdf 06-00613zcAnalysis, Maps & Zoning Referral.pdf 06-00613zcApplication & Supporting Documentation.pdf 06-00613zc CC Legislation (Version 2) & Exhibit.pdf DATE: OCTOBER 25, 2012 MOVER: VICE CHAIR SARNOFF SECONDER: COMMISSIONER SPENCE-JONES VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND SPENCE-JONES ACTION: DEFERRED --PASSED City of Miami Page 17 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PZ.12 06-00613Iu 1 ORDINANCE 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 MAP DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF THE SOUTHERN -MOST PORTION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI 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. FIRST READING LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on December 5, 2012. See companion File ID 06-00613zc1 and related File IDs 06-006131u and 06-00613zc. PURPOSE: This will change the above property to "Public Parks and Recreation". 06-0061 31u 1 06-0061 31u 1 06-0061 31u 1 06-0061 31u 1 DATE: MOVER: SECONDER: VOTE: ACTION: CC 12-13-12 Fact Sheet.pdf Analysis, Maps & Pictures.pdf Supporting Documentation.pdf CC Legislation (Version 2) & Exhibit.pdf OCTOBER 25, 2012 VICE CHAIR SARNOFF COMMISSIONER SPENCE-JONES AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND SPENCE-JONES DEFERRED --PASSED City of Miami Page 18 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PZ.13 06-00613zc1 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 "T6-48B-O" URBAN CORE ZONE TO "CS" CIVIC SPACE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1001 S Miami Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Brickell Flatiron, LLC, and the City of Miami, A Municipal Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on December 5, 2012. See companion File ID 06-006131u1 and related File IDs 06-006131u and 06-00613zc. PURPOSE: This will change the above property to "CS". 06-00613zc1 CC 12-13-12 Fact Sheet.pdf 06-00613zc1 Analysis, Maps & Zoning Referral.pdf 06-00613zc1 Supporting Documentation.pdf 06-00613zc1 CC Legislation (Version 2) & Exhibit.pdf DATE: OCTOBER 25, 2012 MOVER: VICE CHAIR SARNOFF SECONDER: COMMISSIONER SPENCE-JONES VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND SPENCE-JONES ACTION: DEFERRED --PASSED City of Miami Page 19 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PZ.14 11-00910ac RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF AN ALLEY LOCATED BETWEEN NORTHEAST 27TH STREET AND NORTHEAST 28TH STREET FROM APPROXIMATELY 700 FEET EAST OF BISCAYNE BOULEVARD TO BISCAYNE BAY (A.K.A. NORTHEAST 27TH TERRACE), MIAMI, FLORIDA. LOCATION: Approximately between NE 27th Street and NE 28th Street from Approximately 700 feet east of Biscayne Boulevard to Biscayne Bay (A.K.A. NE 27th Terrace) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Javier Fernandez, Esquire, and Joel E. Maxwell, Esquire, on behalf of Alpine Estates, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PUBLIC WORKS DEPARTMENT: Recommends approval. PLAT AND STREET COMMITTEE: Recommends approval on September 6, 2012 by a vote of 6-0. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on December 5, 2012. PURPOSE: This will allow a unified development site, which will include a Baywalk and better access to a new public park. 11-00910ac CC 12-13-12 Fact Sheet.pdf 11-00910ac Department Analyses & Color Maps.pdf 11-0091 0ac Application & Supporting Documents.pdf 11-00910ac Legislation (Version 2) & Exhibit.pdf City of Miami Page 20 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 PZ.15 04-01208a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND RODALONSO, 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 PERMITAPPLICATION NO. 03-0309 ISSUED ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." LOCATION: Approximately 5101 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Michael A. Sastre, Esquire, on behalf of the Morningside Civic Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners APPLICANT(S): Susan E. Trench, Esquire, on behalf of Chetbro, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal and uphold the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on October 4, 2004 by a vote of 8-0. PURPOSE: The approval of this appeal will not allow the new construction of a mixed -use structure. HISTORY: 1) On November 18, 2004, the City Commission granted the appeal. 2) On December 9, 2004, the City Commission reconsidered the item. 3) On September 22, 2005, the City Commission granted the appeal. 4) On July 9, 2007, the Zoning Board adopted the stipulation that the appellant and appellee agree that the decision of the Zoning Board is waived and that the permit be heard by the City Commission in accordance with the amended opinion of the Circuit Court Appellate Division dated July 14, 2006. 5) On October 7, 2009, the Third District Court of Appeal ordered that the City Commission limit its review to the record of the Zoning Board. 6) On February 28, 2008, the City Commission denied the appeal. 7) On May 27, 2010, the City Commission denied the appeal. 8) As a conclusion to the various appeals to the Circuit Court and District Court of Appeal, a mandate was issued directing the City Commission to comply with the April 25, 2012 Order of the Court. City ofMiami Page 21 Printed on 12/3/2012 City Commission Meeting Agenda December 13, 2012 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 04-01208aAppeal Ltr, Final Decision, UDRB Reso & Zoning Referral.pdf 04-01208a CC Legislation (Version 1) & Exhibits.pdf DATE: NOVEMBER 15, 2012 MOVER: VICE CHAIR SARNOFF SECONDER: COMMISSIONER GORT VOTE: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND SUAREZ ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SPENCE-JONES ACTION: CONTINUED --PASSED END OF PLANNING AND ZONING ITEMS City ofMiami Page 22 Printed on 12/3/2012