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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
TO: Honorable Mayor and DATE: November 17, 2014
Members of the City Commission
FROM: Daniel J. Alf
City Manager
SUBJECT: November 20, 2014 City Commission
Meeting Agenda — PZ. 10
REFERENCES:
ENCLOSURES:
Please be advised of the following modifications to the Planning and Zoning portion of the November 20,
2014 City Commission Agenda:
PZ.10 File ID 13-01030iia: The attached two documents are supporting documents being added to this
item. A placeholder was included in the agenda packet in anticipation of these documents.
The placeholder in the agenda packet titled "Analysis" is now being replaced by the document titled
"Analysis for Modifications to Loading Berths for Class II Special Permit."
The placeholder in the agenda packet titled "Supporting Docs" is now being replaced by the document
titled "Class II Special Permit/ Wal-Mart Midtown."
They have also been posted to the Planning and Zoning Department's website for public view,
htt�://www.miamigov.com/planning/notifications.html and are being provided to you via memo for
incorporation to the public record, as required.
cc: Alice N. Bravo, P.E., Deputy City Manager / Chief o astnicture
Francisco J. Garcia, Director, Planning and Zon' (;i —
Julia D. Hernandez, Agenda Coordinator
JOAf.31
fiS :I1 bid LI A.O1'11OZ SUBMITTED INT0
PZ14006
'":3Je1 PUBLIC RECORD FOFw
1TEMz.oONiotoi.
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
City of Miami
Planning and Wing Department
Land Develops, mat Sectio
File ID# 13-01030iia
ANALYSIS FOR MODIFICATIONS
TO LOADING BERTHS FOR
CLASS 11 SPECIAL PERMIT
APPLICANT
File No. 12-0054
Wal-Mart Stores East, LP, a Delaware L.P.
c/o Alfredo L. Gonzalez
Genovese Joblove & Battista P.A.
1000 Southeast Second Street, 44th Floor
LOCATION 3055 N. Miami Ave., Miami, FI.
NET OFFICE: Wynwood
COMMISSION DISTRICT: 2
FINDINGS AND COMMENTS:
1. On October 15th, 2014 the Miami -Dade County Circuit Court, Appellate Division ruled as
follows regarding this application:
"Since the Project provides for five (5) berths and the Code requires three (3) berths
total, this Court finds that the Commission's Resolution finding that the Project complied
with the requirements under the Code is a departure from the essential requirements of
the law.
For the above -stated reason, we hereby quash the Commission's decision as set forth
In Resolution R-13-0471 (File No.13-01030, and remand this cause for proceedings
consistent herein."
The above is the sole grounds on which the Class II Special Permit was found defective
and all other claims by the petitioners were rejected by the court.
12-0054
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2. On November 13th, 2014, at the request of the City of Miami Planning and Zoning
Department, Mr. Emanuele on behalf of Wal-Mart Stores East, LP, provided revised
plans reflecting a total of three (3) Loading Berths.
3. In these plans, the applicant has voluntarily proffered to modify the number of Loading
Berths along N.E. 31st Street from four (4) to three (3) 12'x55'x15'(H ) Loading Berths.
4. The applicant's proposed loading area at deck level 2 has been eliminated and it will
only be designated as a staging area and not for loading.
5. The proffered modification to the project reflects a reduction to the total number of
loading bays in accordance with the Opinion issued by the Miami -Dade County Circuit
Court, Appellate Division on October 15. 2014 in Case No. 14-004 AP.
6. The plans and supporting information, as presented, confirm that the elimination of (1)
12'x55'x15' (H) Loading Berth and the proposed loading area at deck level 2 have no
negative repercussion on the proper and sound operation of the proposed commercial
building and is in compliance with all applicable regulatory parameters including loading,
parking, F.A.R., liners, setbacks, turning radii, etc.
7. These plans dated November 13th, 2014 are found to be in compliance with Section
1305 of Zoning Ordinance 11,000, as applicable, and the Miami 21 Code, Appendix C:
Midtown Overlay District 6.27.2 Midtown Miami West and the Circuit Court's mandate.
Based on the above findings, the considered advice of officers and agencies consulted on
this matter, the Opinion of the 11th Judicial Circuit Court in Case No. 14-004 AP, and pursuant
to Section 1306 of Zoning Ordinance 11000, as applicable, and the Miami 21 Code Appendix
C: Midtown Overlay District 6.27.2 Midtown Miami West, the subject revision is hereby
approved subject to plans and supplementary materials submitted by the applicant and on
file with the Planning and Zoning Department.
�
rancisc J. rcla, Director
Planning and Zoning Department
15 November, 2014
Date
12-0054
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SUBSTITUTED
City of Miami
Planning and Zoning Department
Land Development Section
ANALYSIS FOR MODIFICATIONS
TO CLASS 11 SPECIAL PERMIT
APPLICANT
File No. 13-01030iia
Wal-Mart Stores East, LP, a Delaware L.P.
c/o Alfredo L. Gonzalez
Genovese Joblove & Battista P.A.
1000 Southeast Second Street, 44th Floor
LOCATION 055 N. Miami Ave., Miami, FI.
NET OFFICE: W ood
COMMISSION DISTRICT: 2
FINDINGS AND COMMENTS:
Analysis in progress. The Planning and Zoning Depart -nt will post analysis and other
supporting documentation in the Planning and Zoning Dertment webpage as soon as
available at the following link:
http://www.miamigov.com/planning/notifications.html
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