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HomeMy WebLinkAboutCC 2015-11-19 Marked AgendaCity of Miami Marked Agenda City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chair Keon Hardemon, Vice Chair Marc David Sarnoff, Commissioner District Two Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, November 19, 2015 2:00 PM City Hall Commission Chambers ORDER OF THE DAY On the 19th day of November 2015, 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 Commission Meeting was called to order by Chair Gort at 3:54 p.m., recessed at 4:12 p.m., reconvened at 4:30 p.m., and adjourned at 5:31 p.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Present: Chair Gort, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon Absent: Commissioner Sarnoff PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 2:00 PM. PZ.1 15-00975zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T6-12-L "URBAN CORE TRANSECT ZONE - LIMITED" TO T6-12-0 "URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3701 AND 3737 BISCAYNE BOULEVARD AND 306 AND 316 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT"A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 1 Printed on II25/2015 City Commission Marked Agenda November 19, 2015 LOCATION: Approximately 3701 and 3737 Biscayne Boulevard and 306 and 316 NE 38th Street [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Melissa Tapanes Llahues, Esquire, on behalf of MacArthur Properties III, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 7-2. PURPOSE: This will allow a zoning classification change for the above properties from T6-12-L to T6-12-0. 15-00975zc FR Fact Sheet 15-00975zcAnalysis, Maps & PZAB Reso.pdf 15-00975zc Application & Supporting Docs.pdf 15-00975zc Legislation (v2).pdf 15-00975zc Exhibit.pdf MOVED: Francis Suarez SECONDED: Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff Note for the Record: Item PZ.1 was deferred to the January 28, 2016, Planning and Zoning Commission Meeting. PZ.2 RESOLUTION 15-00795ha A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING OR REVERSING THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN APPEAL, BY LORETO DOUCET, OF TREE REMOVAL PERMIT APPLICATION BD15-006663-001 AT 3985 LOQUATAVENUE, MIAMI, FLORIDA. City of Miami Page 2 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 PZ.3 15-00057Iu LOCATION: Approximately 3985 Loquat Avenue [Commissioner Ken Russell - District 2] APPLICANT(S): Habitus, LLC. APPELLANT(S) TO HEPB: Loreto Doucet APPELLANT(S) TO CITY COMMISSION: Santiago D. Echemendia, on behalf of Habitus, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial of appeal. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied the appeal on July 7, 2015, by a vote of 6-0. PURPOSE: The appeal seeks to reverse the decision of the Historic and Environmental Preservation Board's decision. 15-00795ha Fact Sheet.pdf 15-00795ha Analysis & HEPB Reso.pdf 15-00795ha Appeal to City Commission.pdf 15-00795ha Appeal to HEPB.pdf 15-00795ha Application.pdf 15-00795ha Legislation (v2).pdf 15-00795ha Legislation (v3).pdf MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Dort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff Note for the Record: Item PZ.2 was continued to the December 10, 2015, Planning and Zoning Commission Meeting. 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 PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA LEGALLY DESCRIBED IN EXHIBIT "A", HEREBY ATTACHED, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 3 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 PZ.4 15-00057zc LOCATION: Approximately 2240 SW 13th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID: 15-00057zc. PLANNING, ZONING AND APPEALS BOARD: Motion to approve with conditions failed, by a vote of 4-5, on May 20, 2015; therefore, constituting a recommendation of denial. PURPOSE: This will change the land use designation for the above property from "Duplex Residential" to "Low Density Restricted Commercial'. 15-000571u SR Fact Sheet.pdf 15-00057Iu Analysis, Maps & PZAB Reso.pdf 15-000571u Application & Supporting Docs.pdf 15-000571u Legislation (v2).pdf 15-000571u Exhibit.pdf MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Dort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff Note for the Record: Item PZ.3 was deferred to the January 28, 2016, Planning and Zoning Commission Meeting. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T3-O "SUB -URBAN TRANSECT ZONE OPEN" TO T4-L "GENERAL URBAN CENTER TRANSECT ZONE LIMITED", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT A", HEREBY ATTACHED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 4 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 PZ.5 15-00061 Iu LOCATION: Approximately 2240 SW 13th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): David J. Coviello, Esquire, on behalf of 1300 Coral Brickell, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. Item includes a covenant. See companion File ID 15-000571u. PLANNING, ZONING AND APPEALS BOARD: Two individual motions to recommend approval failed on May 20, 2015, by two separate votes of 4-5; therefore, constituting a recommendation of denial. PURPOSE: This will allow a change in the zoning classification for the above property from T3-O to T4-L. 15-00057zc SR Fact Sheet.pdf 15-00057zcAnalysis, Maps & PZAB.pdf 15-00057zc Application & Supporting Docs.pdf 15-00057zc Proffered Restrictive Covenant.pdf 15-00057zc Legislation (v2).pdf 15-00057zc Exhibit.pdf MOVED: Frank Carollo SECONDED: Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Dort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff Note for the Record: Item PZ.4 was deferred to the January 28, 2016, Planning and Zoning Commission Meeting. 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 LOCATED AT APPROXIMATELY 3101, 3111, 3125, 3131, AND 3145 WEST FLAGLER STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 5 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 PZ.6 15-00061zc LOCATION: Approximately 3101, 3111, 3125, 3131, AND 3145 W Flagler Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Coinco Investment Company, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID: 15-00061zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on July 15, 2015, by a vote of 7-0. PURPOSE: This will change the land use designation for the above properties from "Medium Density Restricted Commercial" to "Restricted Commercial'. 15-000611u FR Fact Sheet.pdf 15-000611u Analysis, Maps & PZAB Reso.pdf 15-000611u Application & Supporting Docs.pdf 15-000611u Legislation (v2).pdf 15-000611u Exhibit.pdf MOVED: SECONDED: Francis Suarez Frank Carollo Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Dort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE PROPOSED AMENDMENT OF THE ZONING CLASSIFICATION FROM T5-L "URBAN CENTER TRANSECT ZONE LIMITED" TO T6-8-L "URBAN CORE TRANSECT ZONE LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3101, 3111, 3125, 3131, AND 3145 WEST FLAGLER STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 6 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 PZ.7 11-00700Iu LOCATION: Approximately 3101, 3111, 3125, 3131, 3145 W Flagler Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of Coinco Investment Company, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. Item includes a covenant. See companion File ID 15-000611u. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on July 15, 2015, by a vote of 7-0. PURPOSE: This will allow a zoning designation change for the above properties from T5-L to T6-8-L. 15-00061zc FR Fact Sheet.pdf 15-00061zcAnalysis, Maps & PZAB Reso.pdf 15-00061 zc Application & Supporting Docs.pdf 15-00061zc Proffered Restrictive Covenant.pdf 15-00061zc Legislation (v2).pdf 15-00061zc Exhibit.pdf MOVED: SECONDED: Francis Suarez Frank Carollo Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Dort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff 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 LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH 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. City of Miami Page 7 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 PZ.8 11-00700zc LOCATION: Approximately 840 NE 78th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ines Marrero-Priegues, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-00700zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial'. 11-007001u FR Fact Sheet.pdf 11-007001u Analysis, Maps & PZAB Reso.pdf 11-007001u Application & Supporting Docs.pdf 11-007001u Legislation (v2).pdf 11-007001u Exhibit.pdf MOVED: Keon Hardemon SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff Note for the Record: Item PZ.7 was continued to the December 10, 2015, Planning and Zoning Commission Meeting. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 8 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 PZ.9 15-00973Iu LOCATION: Approximately 840 NE 78th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-007001u. PURPOSE: This will change the above property from "T5-R" Urban Center Zone - Restricted to "T5-O" Urban Center Zone - Open. 11-00700zc FR Fact Sheet.pdf 11-00700zcAnalysis, Maps & PZAB Reso.pdf 11-00700zc Application & Supporting Docs.pdf 11-00700zc Legislation (v2).pdf 11-00700zc Exhibit.pdf MOVED: SECONDED: Keon Hardemon Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Dort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff Note for the Record: Item PZ.8 was continued to the December 10, 2015, Planning and Zoning Commission Meeting. 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 APPROXIMATELY 0.68 ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 30, 48, 54, AND 62 NORTHWEST 34TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 9 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 LOCATION: Approximately 30, 48, 54, 62 NW 34th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Miami Management Group, Inc.; Marks Subdivision Apt., LLC; Pedro J. Enriquez; Miami Green Houses, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial; however, staff would recommend approval for the property located at 30 NW 34th Street. See companion File ID 15-00973zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial as a result of two failed votes to approve on September 16, 2015. PURPOSE: This will change the land use designation for the above properties from "Duplex Residential" to "Low Density Restricted Commercial'. 15-009731u FR Fact Sheet.pdf 15-00973Iu Analysis, Maps & PZAB Reso.pdf 15-009731u Application & Supporting Docs.pdf 15-009731u Legislation (v2).pdf 15-009731u Exhibit A.pdf MOVED: SECONDED: Keon Hardemon Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Dort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff Note for the Record: Item PZ.9 was deferred to the March 24, 2016, Planning and Zoning Commission Meeting. PZ.10 ORDINANCE First Reading 15-00973zc 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-O "SUB -URBAN TRANSECT ZONE - OPEN" TO T4-O "GENERAL URBAN TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 30, 48, 54, AND 62 NORTHWEST 34TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 10 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 PZ.11 15-00965Iu LOCATION: Approximately 30, 48, 54, and 62 NW 34 Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Miami Management Group, Inc.; Marks Subdivision Apt., LLC; Pedro J. Enriquez; Miami Green Houses, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of Lots 9, 10 and 11 (30 NW 34th Avenue) and denial of Lots 12, 13 and 14 (48, 24 and 62 NW 34th Street). See companion File ID 15-009731u. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on September 16, 2015, by a vote of 7-1. PURPOSE: This will allow a zoning classification change for the above properties from T3-O to T4-O. 15-00973zc FR Fact Sheet.pdf 15-00973zcAnalysis, Maps & PZAB Reso.pdf 15-00973zc Application & Supporting Docs.pdf 15-00973zc Legislation (v2).pdf 15-00973zc Exhi bit A. pdf MOVED: Keon Hardemon SECONDED: Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Dort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff Note for the Record: Item PZ.10 was deferred to the March 24, 2016, Planning and Zoning Commission Meeting. 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 APPROXIMATELY 2.2711 ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 460, 500, 520, 530, 538 AND 540 NORTHEAST 82ND TERRACE AND 421, 433, 437, 439 AND 505 NORTHEAST 82ND STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 11 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 LOCATION: Approximately 460, 500, 520, 530, 538, and 540 NE 82 Terrace and 421, 433, 437, 439, and 505 NE 82 Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 82nd Apartments, LP, 505 NE 82nd Street, LLC; 520 NE 82nd Terrace, LLC; 439 NE 82nd Street, LLC; and 421 82nd St, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 15-00965zc. PLANNING, ZONING AND APPEALS BOARD: Recommended denial on September 16, 2015, by a vote of 5-3. PURPOSE: This will change the land use designation for the above properties from "Medium Density Multifamily Residential" to "Restricted Commercial'. 15-009651u FR Fact Sheet.pdf 15-00965Iu Analysis, Maps & PZAB Reso.pdf 15-009651u Application & Supporting Docs.pdf 15-009651u Legislation (v2).pdf 15-009651u Exhibit.pdf MOVED: Keon Hardemon SECONDED: Francis Suarez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff PZ.12 ORDINANCE First Reading 15-00965zc 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-R "URBAN CENTER TRANSECT ZONE - RESTRICTED" TO T6-8-O "URBAN CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 460, 500, 520, 530, 538 AND 540 NORTHEAST 82ND TERRACE AND 421, 433, 437, 439 AND 505 NORTHEAST 82ND STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 12 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 LOCATION: Approximately 460, 500, 520, 530, 538, and 540 NE 82 Terrace and 421, 433, 437, 439, and 505 NE 82 Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 82nd Apartments, LP, 505 NE 82nd Street, LLC; 520 NE 82nd Terrace, LLC; 439 NE 82nd Street, LLC; and 421 82nd St, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended denial. See companion File ID 15-009651u. This item includes a covenant. PURPOSE: This will allow a zoning classification change for the above properties from T5-R "Urban Center Transect Zone - Restricted" to T6-8-O "Urban Core Transect Zone - Open". 15-00965zc FR Fact Sheet.pdf 15-00965zcAnalysis, Maps & PZAB Reso.pdf 15-00965zc Application & Supporting Docs.pdf 15-00965zc Proffered Restrictive Covenant.pdf 15-00965zc Legislation (v2).pdf 15-00965zc Exhibit.pdf MOVED: Keon Hardemon SECONDED: Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff PZ.13 RESOLUTION 15-01387cr A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A RELEASE OF THE RESTRICTIVE COVENANT DATED OCTOBER 2006 AND RECORDED IN OFFICIAL RECORDS BOOK 25102, PAGES 2137-2141, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3690 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED. LOCATION: Approximately 3690 SW 23 Terrace [Commissioner Francis Suarez - District 4] APPLICANT(S): Javier L. Vazquez, Esq. on behalf of Cinco M's Corp. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PURPOSE: This will allow a release of restrictions. City of Miami Page 13 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 15-01387cr Fact Sheet.pdf 15-01387cr Analysis, Maps & Addtl Docs.pdf 15-01387cr Application & Supporting Docs.pdf 15-01387cr Legislation (v2).pdf 15-01387cr ExhibitA.pdf 15-01387cr Exhibit B.pdf R-15-0513 MOVED: SECONDED: Francis Suarez Keon Hardemon Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Carollo, Suarez and Hardemon NOES: Commissioner(s) Gort ABSENT: Commissioner(s) Sarnoff PZ.14 RESOLUTION 15-01386a A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING OR REVERSING THE CITY MANAGER'S INTENDED DECISION NUMBER 15-194 TO REMOVE TWO TREES FROM THE MEDIAN ALONG NORTHEAST 6TH COURT BETWEEN 57TH AND 58TH STREET, MIAMI, FLORIDA. LOCATION: Median along NE 6 Court between 57th and 58th Street [Commissioner Marc D. Sarnoff - District 2] APPELLANT(S): Aisa Michel, abutting property owner, and Elvis Cruz, co -appellant FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of the Intended Decision. PURPOSE: The appeal seeks to reverse the Intended Decision issued to remove trees from a public -right-of-way. 15-01386a Fact Sheet.pdf 15-01386a Analysis.pdf 15-01386a Appeal to City Commission.pdf 15-01386a (v2) legislation.pdf 15-01386a (v3) legislation.pdf MOVED: Francis Suarez SECONDED: Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff Note for the Record: Item PZ.14 was deferred to the January 28, 2016, Planning and City of Miami Page 14 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 Zoning Commission Meeting. PZ.15 ORDINANCE Second Reading 15-00672Iu 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 5.31 ±ACRES OF THE REAL PROPERTY GENERALLY IDENTIFIED AS THE SOUTHERN PORTION OF TRACT "D" OF WATSON ISLAND, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES", AS DEPICTED IN "EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately the southern portion of Tract D of Watson Island [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File Ds: 15-00672zc and 15-006721u1. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 6-3. PURPOSE: This will change the land use designation for the above property from "Public Parks and Recreation" to "Major Institutional, Public Facilities, Transportation, and Utilities". 15-006721u SR Fact Sheet.pdf 15-00672Iu Analysis, Maps & PZAB Reso.pdf 15-006721u Legislation (v2).pdf 15-006721u Exhibit.pdf MOVED: Francis Suarez SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Dort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff Note for the Record: Item PZ.15 was continued to the December 10, 2015, Planning and Zoning Commission Meeting. PZ.16 ORDINANCE Second Reading 15-00672zc 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 OF 5.31 ±ACRES OF THE REAL PROPERTY GENERALLY IDENTIFIED AS City of Miami Page 15 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 THE SOUTHERN PORTION OF TRACT "D" OF WATSON ISLAND, MIAMI, FLORIDA, FROM "CS" CIVIC SPACE TO "Cl" CIVIC INSTITUTIONAL, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately the southern portion of Tract D of Watson Island [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID: 15-006721u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 6-3. PURPOSE: This will change the zoning classification for the above property from "CS" Civic Space to "Cl" Civic Institutional. 15-00672zc SR Fact Sheet.pdf 15-00672zcAnalysis, Maps & PZAB Reso.pdf 15-00672zc Legislation (v2).pdf 15-00672zc Exhibit.pdf MOVED: SECONDED: Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Dort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff Note for the Record: Item PZ.16 was continued to the December 10, 2015, Planning and Zoning Commission Meeting. PZ.17 ORDINANCE Second Reading 15-006721u1 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 ASSIGNING THE FUTURE LAND USE DESIGNATION OF "PUBLIC PARKS AND RECREATION" TO A NON -DESIGNATED ACREAGE OF REAL PROPERTIES OF APPROXIMATELY 8.69 ACRES LOCATED AT THE NORTHERN PORTION OF THE TRACT OF LAND COMMONLY KNOWN AS RICKENBACKER CAUSEWAY MIAMI, FLORIDA, AS DEPICTED IN "EXHIBIT PC, HEREBY ATTACHED AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 16 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 LOCATION: Approximately the northern portion of the tract of land commonly known as Rickenbacker Causeway [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File IDs: 15-00672zc1 and 15-006721u. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 3, 2015, by a vote of 9-2. PURPOSE: This will assign the land use designation of "Public Parks and Recreation" to the above property. 15-006721u1 SR Fact Sheet.pdf 15-006721u1 Analysis, Maps & PZAB Reso.pdf 15-006721u1 Legislation (v2).pdf 15-006721u1 Exhibit.pdf MOVED: SECONDED: Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Dort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff Note for the Record: Item PZ.17 was continued to the December 10, 2015, Planning and Zoning Commission Meeting. PZ.18 ORDINANCE Second Reading 15-00672zc1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY ASSIGNING A CS "CIVIC SPACE" ZONING CLASSIFICATION TO A NON -DESIGNATED AREAAPPROXIMATELY LOCATED AT THE NORTHERN PORTION OF THE TRACT OF LAND COMMONLY KNOWN AS RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS DEPICTED IN "EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 17 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 LOCATION: Approximately the northern portion of the tract of land commonly known as Rickenbacker Causeway [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File Ds: 15-006721u1 PLANNING, ZONING AND APPEALS BOARD: Recommended approval on June 3, 2015, by a vote of 9-2. PURPOSE: This will assign the zoning classification of "CS" Civic Space to the above property. 15-00672zc1 SR Fact Sheet.pdf 15-00672zc1 Analysis, Maps & PZAB Reso.pdf 15-00672zc1 Legislation (v2).pdf 15-00672zc1 Exhibit.pdf MOVED: Francis Suarez SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Dort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff Note for the Record: Item PZ.18 was continued to the December 10, 2015, Planning and Zoning Commission Meeting. PZ.19 ORDINANCE Second Reading 15-00924zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS AND TABLES" AND ARTICLE 5, ENTITLED "SPECIFIC TO ZONES", TO REVISE LOTAREAAND LOT WIDTH MINIMUMS AND MAXIMUMS FOR T4, T5, AND T6 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 7-1. PURPOSE: This will modify minimum and maximum lot area and widths in order to encourage appropriate development based on density and intensity regulations. 15-00924zt SR Fact Sheet.pdf 15-00924ztAnalysis, Maps & PZAB Reso.pdf 15-00924zt Legislation (v2).pdf 15-00924zt Exhibit.pdf City of Miami Page 18 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 MOVED: SECONDED: Francis Suarez Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff Note for the Record: Item PZ.19 was deferred to the January 28, 2016, Planning and Zoning Commission Meeting. PZ.20 ORDINANCE Second Reading 14-01075zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 7, SECTION 7.2, ENTITLED "PROCEDURES AND NONCONFORMITIES," TO MODIFY PARKING REQUIREMENTS FOR ADAPTIVE USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on November 5, 2014, by a vote of 7-0. PURPOSE: This will allow non -conforming buildings with less than the required on -site parking, or no parking, to continue to exist with vested rights while emphasizing the intent of the Miami 21 Code to promote rehabilitation, restoration and adaptive uses on existing buildings. 14-01075zt SR Fact Sheet.pdf 14-01075zt PZAB Reso.pdf 14-01075zt Legislation (v5).pdf 13577 MOVED: Keon Hardemon SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff PZ.21 ORDINANCE First Reading 15-01249zt AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS THE MIAMI 21 CODE ("MIAMI 21 CODE"), BY AMENDING ARTICLE 7, DIVISION 1, ENTITLED "PROCEDURES", SECTIONS 7.1.1.5, ENTITLED "CITY COMMISSION", City of Miami Page 19 Printed on 11/25/2015 City Commission Marked Agenda November 19, 2015 ADJOURNMENT AND 7.1.5, ENTITLED "APPEALS", TO EXPAND THE SCOPE OF APPEALS FROM THE PLANNING, ZONING AND APPEALS BOARD TO INCLUDE CERTIFICATE OF USE REVOCATIONS; PROVIDING FOR INCLUSION IN THE MIAMI 21 CODE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ZONING AND APPEALS BOARD: Recommended approval on September 29, 2015, by a vote of 8-0. PURPOSE: This ordinance will grant the City Commission the power to review and either affirm or reverse an appellate decision of the Planning , Zoning, and Appeals Board pursuant to the Zoning Administrator's revocation of a Certificate of Use. 15-01249zt FR Fact Sheet.pdf 15-01249zt PZAB Reso.pdf 15-01249zt Legislation (v2).pdf MOVED: Keon Hardemon SECONDED: Francis Suarez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Hardemon ABSENT: Commissioner(s) Sarnoff END OF PLANNING AND ZONING ITEMS The meeting adjourned 5:31 p.m. City of Miami Page 20 Printed on 11/25/2015