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Home My WebLink AboutCC 2019-12-12 Marked AgendaCity of Miami Marked Agenda City Commission Francis X. Suarez, Mayor Ken Russell, Chair, District Two Alex Diaz de la Portilla, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Keon Hardemon, Commissioner, District Five Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, December 12, 2019 2:00 PM City Hall CALL TO ORDER Present: Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 12th day of December 2019, 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 Russell at 6:30 p.m., recessed at 7:25 p.m., reconvened at 9:19 p.m., and adjourned at 11:23 p.m. Note for the Record: Commissioner Hardemon entered the Commission chambers at 6:46 p.m., and Chair Russell entered the Commission chambers at 7:21 p.m. ALSO PRESENT: Francisco Garcia, Planning Director Victoria Mendez, City Attorney Todd B. Hannon, City Clerk ORDER OF THE DAY PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM City of Miami Page I Printed on 12/20/2019 City Commission Marked Agenda December 12, 2019 PZ.1 ORDINANCE First Reading 6530 Department of Planning 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 "T6-24-A-O," URBAN CORE TRANSECT- OPEN, TO "T6-24-B-O," URBAN CORE -OPEN TRANSECT ZONE, FOR APPROXIMATELY 35.7 ACRES GENERALLY LOCATED AT 15, 23, 27, 35, 41, AND 79 NORTHEAST 17 TERRACE; 1300, 1301, 1317, 1306, 1330, 1334, 1348, 1350, 1353, 1367, 1368, 1401, 1501, 1511, 1527, 1635, 1729, 1765, 1755, AND 1749 NORTH MIAMI AVENUE; 31, 38, 42, 48, 52, 64, 108, AND 128 NORTHEAST 17 STREET; 1301, 1304, 1312, 1315, 1326, 1334, 1344, 1350, 1415, 1421, 1425, 1433, 1442, 1445, 1502, 1512, 1518, 1524, 1529, 1536, 1540, 1552, 1635, 1650, 1643, 1748, AND 1749 NORTHEAST MIAMI COURT; 21, 45, AND 140 NORTHEAST 16 STREET; 1304, 1310, 1311, 1325, 1326, 1361, 1400, 1422, 1442, 1452, 1502, 1512, 1516, 1532, 1542, 1598, 1600, AND 1629 NORTHEAST 1 AVENUE; 1302, 1324, 1370, 1600, 1622, 1644, AND 1652 NORTHEAST 2 AVENUE; 1410, 1420, 1424, 1425, 1432, 1433, 1441, 1442, 1452, 1515, 1525, 1531, 1537, 1545, 1550, 1553, 1602, 1610, 1616, 1624, 1632, AND 1642 NORTHEAST MIAMI PLACE; 18, 50, 75, AND 84 NORTHEAST 15 STREET; 30, 47, 55, 65, 73, AND 124 NORTHEAST 14 STREET; 14, 18, AND 59 NORTHWEST 14 STREET; 17 AND 33 NORTHWEST 13 STREET; 1311, 1331, 1341, 1351, AND 1361 NORTHWEST MIAMI COURT; 1305, 1315, 1330, 1346, 1367, 1610, AND 1655 NORTHEAST 1 COURT; AND 125 NORTHEAST 13 STREET, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes ABSENT: Russell, Hardemon City ofMiami Page 2 Printed on 12/20/2019 City Commission Marked Agenda December 12, 2019 PZ.2 ORDINANCE Second Reading 3698 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MCNP"), BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN TRANSIT ORIENTED DEVELOPMENT AREAS OF UP TO FIFTY PERCENT (50%) WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM CONTRIBUTING HISTORICALLY DESIGNATED SITES AND CERTAIN NON-CONTRIBUTING RESOURCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13782 MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes ABSENT: Russell, Hardemon PZ.3 ORDINANCE Second Reading 6531 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning 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 FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Diaz de la Portilla, Reyes, Hardemon NAYS: Carollo ABSENT: Russell Note for the Record: Item PZ.3 was continued to the January 23, 2020, Planning and Zoning Commission Meeting. City ofMiami Page 3 Printed on 12/20/2019 City Commission Marked Agenda December 12, 2019 PZ.4 ORDINANCE Second Reading 6532 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM "Cl", CIVIC INSTITUTION TRANSECT ZONE, TO "T6-36B-O", URBAN CORE TRANSECT ZONE — OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Keon Hardemon, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Diaz de la Portilla, Reyes, Hardemon NAYS: Carollo ABSENT: Russell Note for the Record: Item PZ.4 was continued to the January 23, 2020, Planning and Zoning Commission Meeting. PZ.5 ORDINANCE Second Reading 6796 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO ADD A SUPPLEMENTAL REGULATION FOR "PUBLIC STORAGE FACILITIES," BY REQUIRING ON -SITE BULK WASTE DISPOSAL, PROVIDING FOR ALLOWANCE BY WARRANT, DESIGN REVIEW, SEPARATION/DISTANCE REQUIREMENTS, AND REGULATIONS WITHIN TRANSECT ZONES; PROVIDING THAT ON - SITE BULKY WASTE DISPOSAL NOT BE SEPARATELY CHARGED TO EXISTING CLIENTS, PROVIDING AN EXCEPTION IN LIMITED INSTANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon, Russell City ofMiami Page 4 Printed on 12/20/2019 City Commission Marked Agenda December 12, 2019 PZ.6 6760 ORDINANCE MAY BE DEFERRED First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning 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 FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" OF THE PROPERTIES LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AN INCORPORATED, AND BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes ABSENT: Russell, Hardemon Note for the Record: Item PZ.6 was continued to the January 23, 2020, Planning and Zoning Commission Meeting. City ofMiami Page 5 Printed on 12/20/2019 City Commission Marked Agenda December 12, 2019 PZ.7 6761 ORDINANCE MAY BE DEFERRED First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, ("MIAMI 21 CODE") BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT ZONE -OPEN, TO "T4-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, OF THE PROPERTIES LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT ZONE -OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE - OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; GRANTING/DENYING THE WAIVER OF TIME LIMITS PURSUANT TO SECTION 7.1.2.8.G.7 OF THE MIAMI 21 CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes ABSENT: Russell, Hardemon Note for the Record: Item PZ.7 was continued to the January 23, 2020, Planning and Zoning Commission Meeting. PZ.8 ORDINANCE First Reading 6797 Commissioners and Mayor- PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES", TO REQUIRE AN EXCEPTION FOR MARINAS IN "CS", CIVIC SPACE TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon City of Miami Page 6 Printed on 12/20/2019 City Commission Marked Agenda December 12, 2019 PZ.9 ORDINANCE First Reading 6798 Commissioners and Mayor - PZ PZ.10 6862 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM"; AND ARTICLE 3, SECTION 3.14, TITLED "WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO MODIFY THE AREA MEDIAN INCOME FOR WORKFORCE HOUSING IN THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Russell, Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY JOEY CANCEL AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL PURSUANT TO SECTION 23- 6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE SPECIAL CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO A NON- CONTRIBUTING PROPERTY LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD HISTORIC DISTRICT WITH FOLIO NUMBER 0132180090010. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Hardemon Note for the Record: Item PZ.IO was continued to the January 23, 2020, Planning and Zoning Commission Meeting. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 7 Printed on 12/20/2019 City Commission Marked Agenda December 12, 2019 NA.1 6992 City Commission NA.2 6993 Office of the City Attorney ADJOURNMENT NA - NON -AGENDA ITEM(S) DISCUSSION ITEM DISCUSSION BY COMMISSIONER CAROLLO REGARDING AN INVITATION SENT TO CITY OF MIAMI EXECUTIVE STAFF FOR A HOLIDAY PARTY SCHEDULED TO TAKE PLACE AT JOSE MARTI PARK ON DECEMBER 13, 2019. 1 RESULT: DISCUSSED ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JANUARY 9, 2020 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF WEST FLAGLER ASSOCIATES, LTD., VS. CITY OF MIAMI, CASE NO. 19-CV-21670- RNS, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE COMMISSIONERS ALEX DIAZ DE LA PORTILLA, KEN RUSSELL, JOE CAROLLO, MANOLO REYES, AND KEON HARDEMON; CITY MANAGER EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND SENIOR APPELLATE COUNSEL KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR CITY OF MIAMI COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED The meeting adjourned at 11:23 p. m. City ofMiami Page 8 Printed on 12/20/2019