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HomeMy WebLinkAboutCC 2013-12-12 Marked AgendaCity of Miami Marked Agenda City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chair Wifredo (Willy) Gort, Vice Chair Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Keon Hardemon, Commissioner District Five Johnny Martinez, P.E., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, December 12, 2013 2:00 PM City Hall Commission Chambers Present: Vice Chair Gort, Chair Sarnoff, Commissioner Suarez and Commissioner Hardemon Absent: Commissioner Carollo On the 12th day of December 2013, 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 Zoning Commission Meeting was called to order by Chair Sarnoff at 4:10 p.m., recessed at 4:12 p.m., reconvened at 6:40 p.m. and adjourned at 6:57p.m. ALSO PRESENT: Victoria Mendez, City Attorney Johnny Martinez, P.E., City Manager Todd B. Hannon, City Clerk PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 2:00 PM. ORDER OF THE DAY City of Miami Page I Prinked on 12/18/2013 City Commission Marked Agenda December 12, 2013 PZ.1 RESOLUTION 05-00618ac1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY LOCATED BETWEEN SOUTHWEST 21 ST AVENUE AND SOUTHWEST 22ND AVENUE AND BETWEEN SOUTHWEST 5TH STREET AND SOUTHWEST 6TH STREET, MIAMI, FLORIDA, WITH CONDITIONS AS STATED HEREIN. LOCATION: Approximately Between SW 21 st Avenue and SW 22nd Avenue and between SW 5th Street and SW 6th Street [Commissioner Frank Carollo - District 3] APPLICANT(S): David E. Sacks, Esquire, on behalf of Asset Recovery III, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on July 9, 2009 by a vote of 4-1. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on July 17, 2013 by a vote of 11-0. PURPOSE: This will allow the closure of an alley. 05-00618ac1 CC 12-12-13 Fact Sheet.pdf 05-00618ac1 Department Analyses, Maps, PZAB Reso.pdf 05-00618ac1 Application & Supporting Docs.pdf 05-00618ac1 CC Legislation (Version 2).pdf 05-0061 8ac1 ExhibitA.pdf MOVED: Wifredo (Willy) Gort SECONDED: Keon Hardemon Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.1 was continued to the January 23, 2014, Planning and Zoning Commission Meeting to be heard at 4:00 p.m. PZ.2 RESOLUTION 13-01046sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE NORTHEAST60TH STREET FROM NORTHEAST 5TH COURT TO BISCAYNE BOULEVARD, AND NORTHEAST 5TH COURT FROM APPROXIMATELY 90 FEET NORTHWEST OF BISCAYNE BOULEVARD TO NORTHEAST60TH STREET, MIAMI, FLORIDA. City ofMiami Page 2 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 LOCATION: Approximately NE 60th Street from NE 5th Court to Biscayne Boulevard, and NE 5th Court from Approximately 90 Feet NW of Biscayne Boulevard to NE 60th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of The Cushman School, Inc., A Not -For -Profit Corporation FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on June 6, 2013 by a vote of 4-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on October 16, 2013 by a vote of 7-0. PURPOSE: This will allow for better maneuverability and access of emergency vehicles to serve the existing school. 13-01046sc CC 12-12-13 Fact Sheet.pdf 13-01046sc Dept. Analyses, Maps & PZAB Reso.pdf 13-01046scApplication & Supporting Documents.pdf 13-01046sc CC Legislation (Version 2).pdf 13-01046sc ExhibitA.pdf MOVED: SECONDED: Wifredo (Willy) Gort Keon Hardemon Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.2 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. PZ.3 RESOLUTION 13-00888sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF NORTHEAST 31 ST STREET FROM NORTHEAST 7TH AVENUE TO APPROXIMATELY 280 FEET WEST OF NORTHEAST 7TH AVENUE, MIAMI, FLORIDA. City ofMiami Page 3 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 PZ.4 12-01180zc5 LOCATION: Approximately a Portion of NE 31 st Street, from NE 7th Avenue to Approximately 280 Feet West of NE 7th Avenue [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Iris Escarra, Esquire, on behalf of PRH NE 31st Street LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on October 3, 2013 by a vote of 6-0. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on December 11, 2013. PURPOSE: This will close a portion of the street described above. This item includes a covenant. 13-00888sc CC 12-12-13 Fact Sheet.pdf 13-00888sc Department Analyes & Maps.pdf 13-00888sc Application & Supporting Documents.pdf 13-00888sc Legislation (Version 2).pdf 13-00888sc Exhi bit A. pdf 13-00888sc PZAB 12-11-13 Supporting Documents.pdf R-13-0506 MOVED: SECONDED: Wifredo (Willy) Gort Francis Suarez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Hardemon ABSENT: Commissioner(s) Carollo 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 "T6-24-0" URBAN CORE TRANSECT ZONE - 24 - OPEN TO "T6-36B-O" URBAN CORE TRANSECT ZONE - 36B - OPEN IN THE AREA GENERALLY BOUNDED BY NORTHEAST 20TH TERRACE TO THE NORTH, NORTHEAST 2ND AVENUE TO THE WEST, NORTHEAST 17TH TERRACE TO THE SOUTH, AND NORTHEAST 4TH AVENUE TO THE EAST, MIAMI, FLORIDA, FURTHER IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; 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 City ofMiami Page 4 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 PZ.5 11-00144zt 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 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 (FLUM); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately the Area Generally Bounded by NE 20th Terrace to the North, NE 2nd Avenue to the West, NE 17th Terrace to the South, and NE 4th Avenue to the East [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Johnny Martinez, City Manager, on behalf of City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 18, 2013 by a vote of 10-0. PURPOSE: This will change the area described above from "T6-24-0" to "T6-36B-O". 12-01180zc5 CC 12-12-13 SR Fact Sheet.pdf 12-01180zc5Analysis, Maps, 3-D Photo & PZAB Reso.pdf 12-01180zc5 CC Legislation (Version 3).pdf 12-01180zc5 ExhibitA.pdf 13424 MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Hardemon ABSENT: Commissioner(s) Carollo ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-11, ENTITLED, "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO INCREASE THE NUMBER OF ESTABLISHMENTS PERMITTED IN THE WYNWOOD CAFE DISTRICT, AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FROM 25 TO 40; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 5 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 PZ.6 13-01089zt LOCATION: Wynwood Cafe District [Commissioner Marc David Sarnoff - District 2 and Keon Hardemon - Commissioner District 5] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will increase the number of alcoholic beverage establishments permitted within the Wynwood Cafe District from 25 to 40. 11-00144zt CC 12-12-13 SR Fact Sheet.pdf 11-00144zt Color Maps.pdf 11-00144zt CC FR Legislation (Version 1).pdf 11-00144zt ExhibitA.pdf MOVED: Wifredo (Willy) Gort SECONDED: Keon Hardemon Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.5 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. 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 AMENDING ARTICLE 5, ENTITLED "SPECIFIC TO ZONES", TO MODIFY SECTION 5.6.2 IN ORDER TO ADJUST BUILDING CONFIGURATION REQUIREMENTS FOR ROOFTOP ENCLOSURES AND EQUIPMENT FOR T6-12 TRANSECT ZONE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 6 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 PZ.7 13-00817Iu LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with a modification* to City Commission on September 23, 2013 by a vote of 8-0. *See supporting documentation. PURPOSE: This amendment addresses the need to provide additional height for housing stairs, elevator, mechanical equipment extensions and ornamental features in T6-12 to give the same flexibility as higher -intensity Transect Zones. 13-01089zt CC 12-12-13 SR Fact Sheet.pdf 13-01089zt PZAB Reso.pdf 13-01089zt CC Legislation (Version 2).pdf 13425 MOVED: SECONDED: Francis Suarez Keon Hardemon Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Hardemon ABSENT: Commissioner(s) Carollo 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 THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 469 NORTHWEST 23RD PLACE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 7 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 PZ.8 13-00817zc LOCATION: Approximately 469 NW 23rd Place [Commissioner Frank Carollo District 3] APPLICANT(S): Otto C. Munoz, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 18, 2013 by a vote of 10-0. See companion File ID 13-00817zc. PURPOSE: This will change the above property from "Single -Family Residential" to "Duplex Residential'. 13-008171u CC 12-12-13 FR Fact Sheet.pdf 13-00817IuAnalysis, Maps, Sch. Brd. Conc. & PZAB Reso.pdf 13-008171u Application & Supporting Documents.pdf 13-008171u CC Legislation (Version 2).pdf 13-008171u ExhibitA.pdf MOVED: Wifredo (Willy) Gort SECONDED: Keon Hardemon Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.7 was deferred to the January 9, 2014, Regular Commission Meeting to be heard at 4:00 p.m. 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 "T3-R" SUB -URBAN ZONE TO "T3-O" SUB -URBAN ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 469 NORTHWEST 23RD PLACE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 469 NW 23rd Place [Commissioner Frank Carollo - District 3] APPLICANT(S): Otto C. Munoz, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 18, 2013 by a vote of 10-0. See companion File ID 13-008171u. PURPOSE: This will change the above property from "T3-R" to "T3-O". Item does not include a covenant. City ofMiami Page 8 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 PZ.9 13-00865Iu 13-00817zc CC 12-12-13 FR Fact Sheet.pdf 13-00817zcAnalysis, Maps & PZAB Reso.pdf 13-00817zcApplication & Supporting Documents.pdf 13-00817zc CC 11-21-13 Legislation (Version 2).pdf 13-00817zc ExhibitA.pdf MOVED: Wifredo (Willy) Gort SECONDED: Keon Hardemon Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.8 was deferred to the January 9, 2014, Regular Commission Meeting to be heard at 4:00 p.m. 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 SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 180 NORTHEAST 50TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 180 NE 50th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on October 16, 2013 by a vote of 5-2. See companion File ID 13-00865zc. PURPOSE: This will change the above properties from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial'. 13-008651u CC 12-12-13 FR Fact Sheet.pdf 13-00865Iu Analysis & Color Maps.pdf 13-008651u PZAB Reso.pdf 13-008651u FR/SR Application & Supporting Docs.pdf 13-008651u CC Legislation (Version 3).pdf 13-008651u Exhibit A.pdf MOVED: Wifredo (Willy) Gort SECONDED: Keon Hardemon City ofMiami Page 9 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.9 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. PZ.10 ORDINANCE First Reading 13-00865zc PZ.11 13-008661u 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 -RESTRICTED TO "T4-L" GENERAL URBAN ZONE -LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 180 NORTHEAST 50TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 180 NE 50th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Douglas Gardens Holding Corp. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications* to City Commission on October 16, 2013 by a vote of 6-1. See companion File ID 13-008651u. *See supporting documentation. PURPOSE: This will change the above property from "T4-R" to "T4-L". Item includes a covenant. 13-00865zc CC 12-12-13 FR Fact Sheet.pdf 13-00865zcAnalysis & Color Maps.pdf 13-00865zc PZAB Reso.pdf 13-00865zc FR/SR Application & Supporting Docs.pdf 13-00865zc CC Legislation (Version 3).pdf 13-00865zc Exhi bit A. pdf MOVED: Wifredo (Willy) Gort SECONDED: Keon Hardemon Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.10 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 10 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 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 5445 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 5445 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ruben Matz, Chocron, LLC; S & R Investments LLC and Isaac Matz FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 18, 2013 by a vote of 7-3. See companion File ID 13-00866zc. PURPOSE: This will change the above property from "Single -Family Residential" to "Low Density Restricted Commercial'. 13-008661u CC 12-12-13 FR Fact Sheet.pdf 13-00866IuAnalysis, Maps, Sch. Brd. Conc. & PZAB Reso.pdf 13-00866Iu Application & Supporting Documents.pdf 13-008661u CC Legislation (Version 2).pdf 13-008661u Exhibit A.pdf MOVED: Wifredo (Willy) Gort SECONDED: Keon Hardemon Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.11 was continued to the January 23, 2014,Planning and Zoning Commission Meeting. PZ.12 ORDINANCE First Reading 13-00866zc 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 FORA PORTION OF THE PROPERTY FROM "T3-R" SUB -URBAN ZONE - RESTRICTED TO "T4-O" GENERAL URBAN ZONE - OPEN, LOCATED AT APPROXIMATELY 5445 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 11 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 LOCATION: Approximately 5445 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ruben Matz, Chocron, LLC; S & R Investments LLC and Isaac Matz FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on September 18, 2013 by a vote of 7-3. See companion File ID 13-008661u. PURPOSE: This will change the zoning of a portion of the above property from "T3-R" to "T4-O". Item includes a covenant. 13-00866zc CC 12-12-13 FR Fact Sheet.pdf 13-00866zc Analysis, Maps, PZAB Reso.pdf 13-00866zc Application & Supporting Documents.pdf 13-00866zc CC Legislation (Version 2).pdf 13-00866zc Exhi bit A. pdf MOVED: Wifredo (Willy) Gort SECONDED: Keon Hardemon Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.12 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. PZ.13 ORDINANCE First Reading 13-008671u 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 2700 NORTHWEST 2ND AVENUE AND 235 NORTHWEST 27TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL AND LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 12 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 LOCATION: Approximately 2700 NW 2nd Avenue and 235 NW 27th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven J. Wernick, Esquire, on behalf of G40, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on November 6, 2013 by a vote of 11-0. See companion File ID 13-00867zc. PURPOSE: This will change the above properties from "Medium Density Restricted Commercial and Light Industrial" to "General Commercial'. 13-008671u CC 12-12-13 FR Fact Sheet.pdf 13-008671u Analysis.pdf 13-008671u Color Maps & School Board Concurrency.pdf 13-008671u PZAB Reso.pdf 13-00867Iu Application & Supporting Documents.pdf 13-008671u CC Legislation (Version 3).pdf 13-008671u Exhibit A.pdf MOVED: Wifredo (Willy) Gort SECONDED: Keon Hardemon Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.13 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. PZ.14 ORDINANCE First Reading 13-00867zc 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 -OPEN AND "D1" DISTRICT ZONE TO "T6-8-O" URBAN CORE ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2700 NORTHWEST 2ND AVENUE AND 235 NORTHWEST27TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 13 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 LOCATION: Approximately 2700 NW 2nd Avenue and 235 NW 27th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven J. Wernick, Esquire, on behalf of G40, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on November 6, 2013 by a vote of 11-0. See companion File ID 13-008671u. PURPOSE: This will change the above properties from "T5-O" and "D1" to "T6-8-O". Item includes a covenant. 13-00867zc CC 11-21-13 FR Fact Sheet.pdf 13-00867zc CC 12-12-13 FR Fact Sheet.pdf 13-00867zcAnalysis, Maps & PZAB Reso.pdf 13-00867zc Application & Supporting Docs.pdf 13-00867zc CC Legislation (Version 3).pdf 13-00867zc Exhi bit A. pdf MOVED: Wifredo (Willy) Gort SECONDED: Keon Hardemon Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.14 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. PZ.15 ORDINANCE First Reading 12-00941 zt1 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.3 ENTITLED, "DEFINITIONS OF SIGNS", TO ADD, REMOVE AND REPLACE DEFINITIONS FOR SIGN REGULATIONS; AMENDING ARTICLE 4, TABLE 12 ENTITLED, "DESIGN REVIEW CRITERIA"; REMOVING ARTICLE 6, SECTIONS 6.5.1 THROUGH 6.5.3 ENTITLED, "SIGN STANDARDS"; AMENDING ARTICLE 7, SECTION 7.1.2.9 ENTITLED, "SIGN PERMITS" AND SECTION 7.2.9 ENTITLED, "NONCONFORMING SIGNS"; AND ADDING A NEW ARTICLE 10 ENTITLED, "SIGN REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 14 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications* to City Commission on April 3, 2013 by a vote of 6-3. *See supporting documentation. PURPOSE: The proposed regulations will establish new and updated sign regulations in the Zoning Ordinance. It will institute new and revised definitions in Article 1, add review criteria in Article 4, remove most regulations from Article 6, update regulations for nonconforming signs in Article 7, and create new regulations in Article 10. It will also provide a more user-friendly document with clear regulations for each zoning designation as well as additional signage regulations for various circumstances within the built environment and business demands. 12-00941zt1 CC FR 12-12-13 Fact Sheet.pdf 12-00941zt1 PZAB Reso.pdf 12-00941zt1 CC Legislation (Version 5).pdf MOVED: SECONDED: Wifredo (Willy) Gort Keon Hardemon Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.15 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. PZ.16 ORDINANCE First Reading 13-01088zt 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", TO CLARIFY EXISTING REGULATIONS AND TO ADD NEW PROVISIONS WITHIN THE PUBLIC BENEFITS PROGRAM TO ALLOW THE DONATION OF PARK IMPROVEMENTS TO SATISFY THE PUBLIC BENEFITS REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 15 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on November 20, 2013 by a vote of 8-0. PURPOSE: This will allow the donation of park improvements to satisfy the public benefits requirement. 13-01088zt CC 12-12-13 FR Fact Sheet.pdf 13-01088zt PZAB Reso.pdf 13-01088zt CC Legislation (Version 3).pdf MOVED: Wifredo (Willy) Gort SECONDED: Keon Hardemon Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.16 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. PZ.17 ORDINANCE First Reading 13-01348zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 3.15, ENTITLED "AFFORDABLE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS", TO MODIFY THE APPLICABILITY CRITERIA TO INCLUDE DEVELOPMENTS THAT PROVIDE MIXED -INCOME IN THE RESIDENTIAL DENSITY INCREASE AREAS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 16 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on November 20, 2013 by a vote of 8-0. PURPOSE: This will add mixed -income development (both market rate and affordable housing) to the applicability criteria in Section 3.15 so mixed -income development can take advantage of the Affordable Housing Special Benefit Program, which includes relaxations of regulations such as setbacks, height, parking placement and other architectural and design features. 13-01348zt CC 12-12-13 FR Fact Sheet.pdf 13-01348zt PZAB Reso.pdf 13-01348zt CC Legislation (Version 2).pdf MOVED: Wifredo (Willy) Gort SECONDED: Keon Hardemon Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.17 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. PZ.18 RESOLUTION 06-02074x1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING OR GRANTING AN EXCEPTION AS LISTED IN ARTICLE 4, SECTION 4-7(B) AND 4-11(G) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOWA PACKAGE LIQUOR STORE CLOSER THAN 500 FEET OF ANOTHER PACKAGE LIQUOR STORE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 250 AND 296 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO ATIME LIMITATION OF TWENTY-FOUR (24) MONTHS IN WHICHA BUILDING PERMIT MUST BE OBTAINED. City ofMiami Page 17 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 LOCATION: Approximately 250 and 296 SW 7th Street [Commissioner Frank Carollo - District 3] APPELLANT(S)/APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Brickell Commerce Plaza, Inc. and 296 SW 7 Street Corporation, Owners and GKK-Brickell, LLC, Contract Purchaser FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of the appeal and approval with conditions* of the Exception. PLANNING, ZONING AND APPEALS BOARD: Approved with conditions, but failed, constituting a denial of the Exception by a vote of 3-4. *See supporting documentation. PURPOSE: The approval of this appeal will allow a package liquor store within 500 feet of another liquor store. NOTE(S): Related File ID 06-02074x was withdrawn on September 23, 2013. 06-02074x1 CC 12-12-13 Fact Sheet.pdf 06-02074x1 Appeal Letter & Supporting Documents.pdf 06-02074x1 Analysis, Maps & PZAB Reso.pdf 06-02074x1 Application & Supporting Documents.pdf 06-02074x1 CC Legislation (Version 3).pdf 06-02074x1 CC Legislation (Version 4).pdf 06-02074x1 Exhibit A.pdf MOVED: Wifredo (Willy) Gort SECONDED: Keon Hardemon Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Hardemon ABSENT: Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.18 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. PZ.19 RESOLUTION 13-01266ha A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL, IN PART, FILED BY L. ELIJAH STIERS AND MELISSA FERNANDEZ-STIERS ("APPELLANTS") AND REVERSING, IN PART, THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH APPROVED WITH CONDITIONS A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS AND AN ADDITION TO A CONTRIBUTING BUILDING FOR THE PROPERTY LOCATED AT APPROXIMATELY 509 NORTHEAST 57TH STREET, WITHIN THE MORNINGSIDE HISTORIC DISTRICT, MIAMI, FLORIDA. City ofMiami Page 18 Printed on 12/18/2013 City Commission Marked Agenda December 12, 2013 ADJOURNMENT 13-01266ha CC 12-12-13 Fact Sheet.pdf 13-01266ha Maps, HEPB Reso, Staff Report.pdf 13-01266ha Appeal Letter & Supporting Documents.pdf 13-01266ha HEPB Application & Supporting Documents.pdf 13-01266ha CC Legislation (Version 3).pdf 13-01266ha CC Legislation (Version 4).pdf R-13-0507 MOVED: SECONDED: Francis Suarez Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Hardemon ABSENT: Commissioner(s) Carollo END OF PLANNING AND ZONING ITEMS The meeting adjourned at 6:57 p.m. City ofMiami Page 19 Printed on 12/18/2013