Loading...
HomeMy WebLinkAboutCC 2013-12-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, December 12, 2013 2:00 PM PLANNING AND ZONING City Hall Commission Chambers 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 Commission Meeting Minutes December 12, 2013 ORDER OF THE DAY 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 ofMiami, 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 ToddB. Hannon, City Clerk PLANNING AND ZONING ITEMS Chair Sarnoff All right, I want to welcome everybody back to the afternoon agenda. We're going to be doing just for purposes of agenda the P&Z (Planning & Zoning), and I'm going to ask the Manager if he has any modifications he wants to make to the P&Z agenda, and once we make those modifications, we'll go back to the regular agenda. Mr. Garcia, you're recognized for the record. Francisco Garcia: Thank you, sir. Mr. Chair, Commissioners, Francisco Garcia, Planning & Zoning director. For the record, I wanted to read through the Planning & Zoning items that we are suggesting be continued. I want to remind you that some of them are City applications; some of them are private applications. And although to the best of my knowledge, there's no one opposing the continuance of these items. By making this a public hearing, obviously, anyone who is here and wants to chime in to that effect, they're welcome to do so. So I'll read quickly through the list of items that again, we, the Administration are proposing be continued; others may be available as you see fit. Items are: PZ.2; PZ.5; PZ.9 and 10, which are companion items; PZ.11 and 12, which are companion items; PZ.13 and 14, which are companion items; PZ.15; PZ.16,; PZ.17 and PZ.18. Chair Sarnoff There's not much, is there? All right, so you're asking for a motion for continuance? Mr. Garcia: If you would, Commissioners. Vice Chair Gort: Move it. Mr. Garcia: For the second meeting of the month of January. Chair Sarnoff All right, so there's a motion. Is there a second? Commissioner Hardemon: Does it require a second for their motion? ToddB. Hannon (City Clerk): Yes, sir. Chair Sarnoff You want him to read them again? Commissioner Hardemon: It's PZ. 2? Chair Sarnoff PZ.2, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18. City ofMiami Page 2 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Commissioner Hardemon: I guess -- Chair Sarnoff It's just continuing -- Commissioner Hardemon: I'll give you a second. Chair Sarnoff All right, so we have a second; any discussion? All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff Okay, all right. We're going to go back to the regular agenda. Are you going to need a moment? Mr. Hannon: Yes, sir, just a minute. Victoria Mendez (City Attorney): We will now begin the Planning and Zoning items. PZ items 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 in by the City Clerk. Staff will briefly present each item to be heard. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code hearing procedures. The appellant or petitioner will then present their application or request to the City Commission. If the applicant agrees with the staff recommendation and no one from the audience wishes to speakfor or against the item, they may also waive the right to an evidentiary hearing. The order of presentation shall be as described in the City Code and the Miami 21 Code. Members of the public will be permitted to speak for not more than two minutes unless modified by the Chair. The City ofMiami 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 requested action pursuant to City Code Section 2-8, disclosure requirement. Any documents offered to the City Commissioners 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. For MCNP (Miami Comprehensive Neighborhood Plan) Plan amendments as part of the public hearing, members of the public will be permitted to speakfor not more than two minutes on the proposition to amend the Miami Comprehensive Neighborhood Plan. Thank you. Mr. Hannon: Good evening, ladies and gentlemen. Anyone speaking on tonight's Planning & Zoning items, ifI could have you stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Later... Chair Sarnoff All right, PZ.3 is what I have next. Mr. Garcia: Mr. Chairman, andl would also respectfully request for the same reason that items PZ.7 and PZ.8 be continued to the same meeting in January. Chair Sarnoff All right, is there a motion? Commissioner Hardemon: What were the items again? City ofMiami Page 3 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff Seven and -- PZ 7, PZ.8. Vice Chair Gort: Well, maybe PZ.7 and 8 can come back on the 9th. Mr. Garcia: Mr. Chair, the applicants for that particular case are here, andl don't believe that this is -- I understand that this is news to them, as well, so perhaps they'd like to be heard on this also, and what I mean is to perhaps make a request that they be appointed a time certain. Chair Sarnoff Sure. You guys are okay -- step up to the mike. Just state your name for the record. Otto Munoz: Hi, Chairman, Commissioners. My name is Otto Munoz. I'm the owner of the property on 469 Northwest 27th Place. Chair Sarnoff Munoz, right? Mr. Munoz: Yes. Chair Sarnoff Okay, Mr. Munoz, would 4:15 on January 23 be okay with you, time certain? Vice Chair Gort: He might be able to come back on the 9th. Chair Sarnoff Oh, you want to come back on the 9th; are you available on January 9? Mr. Munoz: Yes. Chair Sarnoff January 9, 4 o'clock. Commissioner Hardemon: Be sure; you're sure? Mr. Munoz: I'm positive, sure. Chair Sarnoff January 9 at 4 o'clock, we'll see you here. We need a motion to do that. Vice Chair Gort: Move it. Commissioner Hardemon: Second. Chair Sarnoff We have a motion by Commissioner Gort; second by Commissioner Hardemon. Any discussion? None. All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Munoz: Thank you. Chair Sarnoff Thank you. Sorry, Mr. Munoz. City of Miami Page 4 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 PZ.1 05-0061 8ac1 RESOLUTION 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. 05-00618ac1 CC 01-23-14 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 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. Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - 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. Chair Sarnoff PZ.1. Are you Mr. Sacks? David Sacks: Yes, I am. Chair Sarnoff I'm going to say something that is going to be so annoying to you that l just want you to get a grip -- he's not here right now -- and kind of -- I know it's going to seem harsh, but we're going to wait for him to come back. Mr. Sacks: I happen to agree. Chair Sarnoff I know -- trust me. Mr. Sacks: (UNINTELLIGIBLE) did that. City ofMiami Page 5 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff That's why I'm sayingl want you to take a deep breath in and a deep breath out. Mr. Sacks: Okay. Chair Sarnoff Thanks. Mr. Sacks: Thank you. Chair Sarnoff You want to say anything, Mr. Director? Francisco Garcia (Director, Planning & Zoning): Yes, sir. I'm actually -- the first thing need to do is to convey on behalf of the District 3 Office, I've just been advised that Commissioner Carollo has had to excuse himself, and he has kindly requested from the Commission to have the items in District 3 continued until January. It may be the case to make it as best as possible to have them continued to the first meeting in January if that is okay with the Commission. Chair Sarnoff Mr. Sacks, can I give you a time certain on -- in the January meeting? Mr. Sacks: Please do. My client would very much appreciate that as the -- I'm representing the bank and they're under contract. Chair Sarnoff I've -- you've been here many times, so what I'm -- does anybody know; is the nextPZ (Planning & Zoning) agenda item going to be a long one? Shouldl give him a 6 o'clock time certain, a 4 o'clock time certain? First of all, what do you want? Mr. Sacks: A time certain. Chair Sarnoff Name your time. Mr. Sacks: Four o'clock would be fine. Chair Sarnoff Four o'clock time certain. PZ. 1 on this agenda will be heard at the next like agenda in January. Todd B. Hannon (City Clerk): Excuse me, Chair. Mr. Planning Director, were you looking at January 9 or January 23? Mr. Garcia: January 9 remains a possibility. I can tell the Commission at present that the January 23 agenda is quite full for P&Z items. Chair Sarnoff Why don't we do -- Mr. Sacks: I have a problem. Chair Sarnoff January 9 good with you? Mr. Sacks: No, it's -- unfortunately, I'll be out of town, away. Chair Sarnoff January 23 it is, 4 o'clock. Mr. Sacks: Okay, that's fine. Chair Sarnoff I apologize, sir, and breathe deep, thank you. City of Miami Page 6 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 PZ.2 13-01046sc Mr. Sacks: You're welcome. I'll see you on January 23. Chair Sarnoff Thanks. Mr. Hannon: Chair, I do need a motion for that. Chair Sarnoff Oh, I'm sorry. Do we have a motion? Vice Chair Gort: Move it. Chair Sarnoff Motion for continuance is by Commissioner Gort. It's seconded by -- Commissioner Hardemon: Second. Chair Sarnoff -- Commissioner Hardemon for a time certain on January 23 at 4 o'clock. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION 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 NORTHEAST 60TH STREET, MIAMI, FLORIDA. 13-01046sc CC 01-23-14 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 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. City of Miami Page 7 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 PZ.3 13-00888sc Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.2 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE A PORTION OF NORTHEAST 31ST STREET FROM NORTHEAST 7TH AVENUE TO APPROXIMATELY 280 FEET WEST OF NORTHEAST 7TH AVENUE, MIAMI, FLORIDA. 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 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. Motion by Vice Chair Gort, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-13-0506 Chair Sarnoff PZ.3. Francisco Garcia (Director, Planning & Zoning): Thank you sir. That brings us to item PZ.3. Item PZ.3 is a resolution before you. This is a street closure associated with a project known as "liana." This is for a portion of Northeast 31 st Street from approximately Northeast 7th Avenue to approximately 280 feet west of Northeast 7th Avenue. The Planning & Zoning Department is City of Miami Page 8 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 recommending approval, as is the Public Works Department. The Plat and Street Committee also recommended approval on their October 30 -- I'm sorry -- October 3 meeting, and the Planning, Zoning & Appeals Board recommended approval last night in a meeting held last night. We are recommending approval with some conditions which are listed in the package. I believe the applicant will read into the record items pertaining to a covenant, and they will describe that in detail, and I'm certainly happy to answer any questions you may have. Chair Sarnoff You're recognized for the record, Ms. Escarra. Iris Escarra: Good evening, everyone. Iris Escarra with offices at 333 Southeast 2ndAvenue. I apologize, but my client had to leave, because he's flying out of town on vacation. Carlos Rosa of the Related Group was here earlier today. I'm joined by Sheri Gutierrez and Gustavo -- Chair Sarnoff Hold it; he's not here? Ms. Escarra: He's not here. Chair Sarnoff Oh, we have -- Ms. Escarra: He had to leave. Chair Sarnoff No, I'm just kidding. Ms. Escarra: I have the architects here in case there's any questions with regards to the site. Chair Sarnoff I just wanted to see your jaw drop, that's all. Ms. Escarra: So what we have here today is we are actually closing out a portion of Northeast 31 st Street, and in connection with the development of the site, this is actually the largest vacant parcel left in Edgewater. It's actually five acres in size, and it really has an opportunity to do something special. What happens is that oftentimes, developers have very small sites, and they're not able to necessarily do something that benefits generally the public. Here, what we've done is the developer has decided to donate 20,000 square feet of the waterfront into a public park, and in connection with the donation of the public park, they're making improvements to the park in order to have an exercise station, a dog park section, and a child playground section. In addition to that, they're improving 250 linear feet of bay walk in order to make the connection. One of the -- the property is also being replatted in connection with the street closure; that the closure is 18,616 feet between the two new public streets. What's happening now is that the right-of-way is being redirected to Northeast 32nd Street; then 7th Avenue, and then the new right-of-way being connected here. So what happens is, is that all this frontage -- and this is going to be the park right here -- are being donated to the City -- Vice Chair Gort: Move it. Ms. Escarra: As a platted parcel. Chair Sarnoff We have a motion by Commissioner Gort. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. Public hearing, I take it? Vice Chair Gort: Yeah. Chair Sarnoff There is a public hearing. City of Miami Page 9 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Mr. Garcia: I'm sorry, it is a public hearing, but may I request that the motion be made to approve subject to the conditions as stated? Vice Chair Gort: (UNINTELLIGIBLE) the conditions -- Mr. Garcia: They are not being contested. Chair Sarnoff Subject to the conditions and the representations of counsel; is that acceptable, Mr. --? Victoria Mendez (City Attorney): And are we -- I'm sorry, Mr. Chairman. Are we doing a covenant? Ms. Escarra: We proffered a covenant that's a part of the package with regards to the donation of the park, the donation of the right-of-way, the improvements of the park, and the maintenance of the park. Ms. Mendez: Perfect. Thank you. ToddB. Hannon (City Clerk): And I'm sorry, Chair. And this is amending the legislation then, Mr. Planning Director? Mr. Garcia: This is a resolution, yes. Chair Sarnoff As modified Mr. Hannon: Thank you. Chair Sarnoff How's that; as modified, as the representation of counsel, coupled with all the conditions placed in there; with all the thoughts of every Commissioner's words and minds when you talk about maintaining that park; coupled by the thoughts that Commissioner Suarez had in his mind. He was thinking a larger park. And it's a public hearing. Anybody from the public wishing to be heard on PZ.3, please step up. Hearing none, seeing none, coming back to this Commission; any discussion? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Very nice job. Ms. Escarra: Thank you. Chair Sarnoff Please tell the Related thank you very much for a job well done. Vice Chair Gort: Thank you. Ms. Escarra: Thank you. Commissioner Suarez: Thank you. PZ.4 ORDINANCE 12-01180zc5 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" City ofMiami Page 10 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 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 CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.6.2, 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 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. 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 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". Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo 13424 Chair Sarnoff PZ.4. Francisco Garcia (Director, Planning): Thank you, sir. Item PZ.4 is before you on second reading. This is a City -originated application for a sector of land north of the Omni area, in the City ofMiami Page 11 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Edgewater area, which is being proposed for a zoning change. The land use is already in place, and successfully so, but a zoning change from T6-24-0 to T6-36-B-O. And the predominant reason for this request is this area is already a density increased area and the -- Commissioner Suarez: Move it. Mr. Garcia: -- increase in height will allow for highest and best use. Chair Sarnoff Motion by Commissioner Suarez. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. It's a public hearing. Anybody wishing to be heard on PZ.4, PZ.4, please step up. Hearing none, seeing none, any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.5 ORDINANCE 11-00144zt 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. 11-00144zt CC 01-23-14 SR Fact Sheet.pdf 11-00144zt Color Maps.pdf 11-00144zt CC FR Legislation (Version 1).pdf 11-00144zt ExhibitA.pdf 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. City of Miami Page 12 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.5 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. PZ.6 ORDINANCE Second Reading 13-01089zt 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. 13-01089zt CC 12-12-13 SR Fact Sheet.pdf 13-01089zt PZAB Reso.pdf 13-01089zt CC Legislation (Version 2).pdf 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. Motion by Commissioner Suarez, seconded by Commissioner Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo 13425 Chair Sarnoff Okay. Last thingl have is PZ.6, is that correct, Mr. Garcia? Francisco Garcia (Director, Planning): PZ.6 is remaining, sir, and also PZ.19. Vice Chair Gort: Five, the -- let's do 5. Chair Sarnoff Five is -- no, 5 -- Vice Chair Gort: Second reading. City ofMiami Page 13 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Chair Sarnoff -- is a request for a continuance. Vice Chair Gort: Continuance. Mr. Garcia: Yes, sir. PZ.19 is the only other item left that have. Chair Sarnoff PZ.6 and then we'll go to 19. Mr. Garcia: Item PZ.6, I'll explain it very briefly. This is before you on second reading. This is an amendment to Section 2-33(k) of the Zoning Ordinance to allow an increase in height for T6-12 that simply allows for mechanical equipment to be exempt from height limitations. Commissioner Suarez: Move it. Chair Sarnoff Motion by Commissioner Suarez. Vice Chair Gort: Second. Commissioner Suarez: This is the elevator one, right? Mr. Garcia: Yes, sir, it is. Commissioner Hardemon: Second. Chair Sarnoff Second by Commissioner Hardemon. It's a public hearing. Anybody wishing to be heard on PZ.6, please step up. Hearing none, seeing none, coming back to this Commission. Any discussion. Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item PZ.6. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. PZ.7 ORDINANCE 13-00817Iu 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 14 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 13-008171u CC 01-09-14 FR Fact Sheet.pdf 13-00817luAnalysis, Maps, Sch. Brd. Conc. & PZAB Reso.pdf 13-008171u Application & Supporting Documents.pdf 13-008171u CC Legislation (Version 2).pdf 13-008171u ExhibitA.pdf 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'. Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - 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. PZ.8 ORDINANCE First Reading 13-00817zc 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. 13-00817zc CC 01-09-14 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 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 City ofMiami Page 15 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 13-008171u. PURPOSE: This will change the above property from "T3-R" to "T3-O". Item does not include a covenant. Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - 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. PZ.9 ORDINANCE First Reading 13-008651u 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. 13-008651u CC 01-23-14 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 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'. Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be CONTINUED PASSED by the following vote. City ofMiami Page 16 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - 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 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. 13-00865zc CC 01-23-14 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 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. Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.10 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. PZ.11 ORDINANCE First Reading 13-008661u 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 City ofMiami Page 17 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 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. 13-008661u CC 01-23-14 FR Fact Sheet.pdf 13-00866IuAnalysis, Maps, Sch. Brd. Conc. & PZAB Reso.pdf 13-00866lu Application & Supporting Documents.pdf 13-008661u CC Legislation (Version 2).pdf 13-008661u Exhibit A.pdf 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'. Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - 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 18 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 13-00866zc CC 01-23-14 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 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. Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - 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. 13-008671u CC 01-23-14 FR Fact Sheet.pdf 13-008671u Analysis. pdf 13-008671u Color Maps & School Board Concurrency.pdf 13-008671u PZAB Reso.pdf 13-00867lu Application & Supporting Documents.pdf 13-008671u CC Legislation (Version 3).pdf 13-008671u Exhibit A. pdf LOCATION: Approximately 2700 NW 2nd Avenue and 235 NW 27th Street City ofMiami Page 19 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 [Commissioner Keon Hardemon - District 5] APPLICANT(S): Steven J. Wernick, Esquire, on behalf of G40, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. 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'. Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - 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 NORTHWEST 27TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 13-00867zc CC 01-23-14 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 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 approval. 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. Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be CONTINUED PASSED by the following vote. City ofMiami Page 20 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - 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. 12-00941zt1 CC 01-23-14 FR Fact Sheet.pdf 12-00941zt1 PZAB Reso.pdf 12-00941zt1 CC Legislation (Version 6).pdf 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. Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - 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 City ofMiami Page 21 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 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. 13-01088zt CC 01-23-14 FR Fact Sheet.pdf 13-01088zt PZAB Reso.pdf 13-01088zt CC Legislation (Version 3).pdf 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. Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - 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. 13-01348zt CC 01-23-14 FR Fact Sheet.pdf 13-01348zt PZAB Reso.pdf 13-01348zt CC Legislation (Version 2).pdf LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDINGS: City ofMiami Page 22 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 PZ.18 06-02074x1 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. Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.17 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. RESOLUTION 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 A TIME LIMITATION OF TWENTY-FOUR (24) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 06-02074x1 CC 01-23-14 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 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. City of Miami Page 23 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 PZ.19 13-01266ha 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. Motion by Vice Chair Gort, seconded by Commissioner Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.18 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. RESOLUTION 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. 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 Motion by Commissioner Suarez, seconded by Vice Chair Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-13-0507 Chair Sarnoff PZ.19. Francisco Garcia (Director, Planning): Thank you, sir. And for PZ.19, I'd like to take a moment to explain this item carefully, because this is a somewhat exceptional item. Item PZ.19 is before you as an appeal for the issuance of a Certificate of Appropriateness by the Historic and Environmental Preservation Board. The reason for the appeal is the HEP Board, Historic and Environmental Preservation Board, issued the Certificate ofAppropriateness with certain conditions. The original applicant, who's here as the appellant today, is in agreement with most of those conditions, save for two. Now, typically, as you know, we take the side of the HEP City ofMiami Page 24 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 Board, as they usually follow our recommendations. In this particular case, subsequent research, after the Certificate of Appropriateness was approved with conditions, indicates that some of those conditions in fact were not warranted, and I'd like to explain those very briefly. In particular, condition 3, as attached to the certificate by the HEP Board, indicates that "Bahama shutters shall be reinstated, as well as the shutters on the second floor windows." That's what the condition reads. Once again, subsequent research indicates that there were no Bahama shutters on the original structure. This is a residence. And therefore, to restore it to its authentic original state would mean to remove the Bahama shutters. For that reason, we are asking that you side with the appellant and remove that condition, number one. Number two, condition number two says the following: "The window's openings shall be kept and muntins shall be applied to the windows following the original pattern. " The original applicant before you today -- is the appellant -- is in agreement with that. The only clarification we want to make is that one window which actually faces east, so not the front of the property, but east towards the water, may be closed. That clarification merits being made so that there's no confusion upon procurement of building permits. With that, our recommendation to you is that you approve the appeal, and I'll answer any questions you may have. Commissioner Suarez: I move to deny the -- to reverse the decision of the HEP Board -- right? -- 'cause I think that's the appropriate motion -- in conformity with the Planning director's findings as just articulated on the record. Mr. Garcia: Thank you, sir. Chair Sarnoff All right, we have a motion by Commissioner Suarez. Vice Chair Gort: Second. Chair Sarnoff Second by Commissioner Gort. It's a public -- I assume a public hearing. Anybody wishing to be heard on PZ.19. Little advice -- Eli Steirs: Afternoon, Commissioners. Chair Sarnoff -- stand there and look good. Mr. Steirs: Eli Steirs. I'm the property owner at 509 Northeast 57th Street. Thank you very much for the director's assistance. Thank you all for -- Chair Sarnoff Thanks for your perseverance. Mr. Steirs: Well, it was worth it in this case. Thank you very much. Happy Holidays. Vice Chair Gort: (UNINTELLIGIBLE) property. Chair Sarnoff Any discussion, gentlemen? Then all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Merry Christmas, Happy -- Commissioner Suarez: Has it been moved? Chair Sarnoff -- New Year, Happy Kwanza. Is there anything else happening between now and the next Commission meeting? My birthday. Vice Chair Gort: Move to adjourn. City of Miami Page 25 Printed on 1/15/2014 City Commission Meeting Minutes December 12, 2013 ADJOURNMENT Commissioner Suarez: Congratulations. Chair Sarnoff I'll be 54 years old, and maybe Mr. Crespo will take my suggestion. END OF PLANNING AND ZONING ITEMS The meeting adjourned at 6: 57 p.m. City ofMiami Page 26 Printed on 1/15/2014